HomeMy WebLinkAbout12-10-1991
EAGENDA
CITY OF DENTON CITY COUNCIL
December 10, 1991
City of Denton City Council Planning Seminar Update to be held on
December 10, 1991 at 4:00 p.m. in the Civil Defense Room of City
Hall, 215 E. McKinney St., Denton, Texas at which the following
will be considered)
j
4:00
p.m.
1. Receive a report and hold a discussion regarding city
departmental activities for the next six months (December
through May).
A. Frank Robbins, Executive Director for Planning and
Development (Planning, Community
Development, Inspections, Main
Street)
B. Betty McKean, Executive Director for Municipal
Services/Economic Development
(Municipal Services/Economic
Development, Personnel/Employee
Relations, Parks & Recreation,
Library, Animal Control/ t,
Environmental Health and Building
Maintenance/Facilities Planning)
1
C. John McGrane, Executive Director for Finance
j (Finance, Accounting, Purchasing,
Ij Cashiering, customer Service, Tax,
Municipal Court and Information
Services)
D. R. E. Ne_9on, Executive Director for Utilities
(Electric, Water, Wastewater and
j community services)
E. Rick Svehla, Deputy City Manager I
(Engineering/Transportation, Police,
III Fire, and Airport)
1 2. Receive a report and hold a discussion regarding ongoing
capital improvement projects.
l 3. Receive a report and hold a discussion regarding a proposed
+ schedule to complete the approved CIP and discuss future bond
proposals.
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I
Denton City Council Agenda
► December 10, 1991
Page 2
6100 p.m
011 Resume City of Denton Ci.ty Council Planning Seminar Update to be
held on December 10, 1991 at 6:00 p.m. in the City Manager's
Conference Room of City Hall, 215 E. McKinney st., Denton, Texas at
which the following will be considered:
I
4. Receive a report and hold a discussion on City Council Goals
for 1991,
5. Receive a report and hold a discussion on possible City of
Denton code of ethics. }
i 6. Receive a report and hold a discussion on procedures for
citizens speaking at public hearings, j
17. Receive a repo'ct and hold a discussion regarding student
involvement in local city government.
C E R T I F I C A T E
~ s
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
the day of , 1991 at o'clock (a.m.)
(P.M.
CITY sECRETARX J {i
.
ACCOOOID
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3
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PLANNING AND OEVELOPMENT PROJECTS
4 DECEMBER 91
sign Ordinance Amendment 15 Nov. Ca approved temporary use permlt to ( I I I I
1. "Taco changing" I Jan. 96 and new variance criteria. I I I I
2t Variance/Special Exception Criteria
iLeirite zoRlna ordlnan~ (1) 11F fornrcd. I I council
Frank (R) Schedule to August 92 complete, I I considers
Assignments made, I I l I late sunrner,
Problems and solutions paper completed, I I early fall
Council and P b Z briefings: May 91, 1492,
E I I I I
j` I. Conditioned Zoning I Approved 21 May 91. I I I I I
2. Residential use in non- Approved 5 Feb. 91.
residential district
3, Outdoor Amusement District Approved 25 Juno 91 I
4. Amend PD Article Adopted 5 Fob. 91
6, Accessory Uses I Approved 21 May 91
i
6, New zoning ordinance I n six options prepared to ZoTh 1 Aug. 91,
Harry (R) Karen (S) Steve (R) I o New "structure" briefed P82 and Council I I I I I
Frank (V, R, A) I act, 1991, I I I I .
is
o Builder and neighborhood leaders invited I I I I
in November 91,
R4esponsibillty V-Veto A-Advise/Itaview S-Support i
* Strategic Issue PRIORITY: (1) High (111) Low
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16550 !
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Planning and Uevelopnent Projects
4 Uecenbor 91
Page 2
UECL _JAN _LFEB. I _NDY, i APR. - Y._
j - I I Begin
7, Airport 'Zoning Harry (R) (11) 1 Planning and Toning/Airport Board Joint i 1 IF
meeting in 1989. R^camtendation from Board
a. Adopt authority ~ meet-
b. Adopt height and land use and PbZ: 11 April 91. ings I 1 1
compatibility standards/districts 1 a, city council approved 26 June 91,
1 c. Airport mailing list I b. Property owner mailing list, I`
Todd (A) (1)
d. Coordinate with Airport Master ` Appointments made Ueccntbor 91.
1 Planning
*Entrancoway Planning and Regulations (111) o slide show to N. Lakes and University }
Karen (R) Owen (A) Drive groups 7
1 o Slide show to 2T1 21 Mar. 91 I I I
n More strict regulations difficult in hard i `
economic times. 1
1 0 overhead wire and neighborhood I I
adjacency are remaining regulatory Issues.l
issues being addressed in zoning I 1
i 1 ordinance re-write. ; I1
1. Traffic Impact anJlysis(modelIng i 1. TRANSPLAN to P & Z and COUncll Nov. 1990,1 I I 1
Harry (A), erry I I I i i
2. Land Use 2a, Develop alternatives From Inventory. I
. inventory Corridors - Karen (8)(111} 1 lake to p 6 t and Councll. Involve
a
b. N. Carroll Neighborhood Study J people in corridors, i 1
c. Inventory corridors; Land use data 1 I I
k
and maps show distinguishable 12b. Complete. Further 11A of office and
multi-family uses on Carroll in
character. 1
i engineering since March, 191. Very low 1 I I 1
priority. I I! 1!
~ 1 I1
i 12c. Hold.
A-Rosponslbility V-Veto A-Advise/ROYiew S-Support
t? Strategic ISSUe FR1oRi1Y: (1) High (111) Low
t
E
:~:iJ,,,,,a r.. .
111101
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Planning and Dovolepment Projects
A December 91
Page 3
-___.~~__._•-S1AlUS - - DEC, 0,14. FEB. R. ALL =
_
*Landscape Public Improvements Owen (R) (1) I Draft presented to Beautification I Heaut, P d Y. I Brief I I
I Commission, I 1 (council I
*Teasley Landscaping (111) I Application to SURPT submitted. I I I I I
Owen (R) I SDHPI postponed improvements to Teasley, I I
1. Detail landscape plan I I I I I I
2. Detail irrigation plan 13. November, 1991: "Haigh now working on." I I I I I
3, Minute order from SDHPT I I I
t b, Minute Order approved by Council I o Rick discussed with 50HPT in July 191 I I I I I
5. Teasley construction let. I I I I I I
6. Council allocates funding, I o November letter from Dallas, 1X DOT, maybo I I I I I
f 7. Landscaping components begin, I June, 92 letting. Landscaping low I I I I I
priority with TX 001, I I i I
o Will require Co's on bond sale to fund I I I I
I City parts, ;Z101,000, I I } i I
*Pt. Worth Drive 1-35 to Collins Pending road dosign by Engineering and Bond I I I I
s landscape Plan (I11) Owen (R) I funding, 21 3
1, Coordinate With Engineering plans 16. In 011) 93-•940 94-95,
2. Executive Staff I I I I I
3, Beautification I I I I I
A, Planning and Zoning I ! I i I I ;
5, council I` IiI I
6. In CIP
i -.i.
i *University Drive landscaping (11) I o Grass planted by City July, 191. trees I I I
( Owen (R) I by TX DOT due fall, 191,
, I ! I I I J
1, Malone to
Malone to 1-35W o Nov. X DOT letter, "landscaping low
I I I
Malone to 288 priority,"
.
* strategic Issue PRIORITY; (1) High (111) low'
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Plannino and Development Pro,jicts
4 December 91
Page 4
,_,1__,~ED, L. ~.I APR- N V-,
STAlU5.__._. _ ADF.C_ 1- JAN.
I I I ~I I
*Dallas Drive Landscaping (111) o 1% DOT letter says Governor's award first.) I I
Owen (S) I I I
o Governor's award I IX DOT now letting, I I I
o 1% DOT/City Joint I I I I ( I
Bob Tirkner (R)
1 *Tree City USA designation (111) I I. council proclamation April 190 1991. I 3. I I
2. Applications made May 91, Forest service
i Owen (s) Cecile Carson (R) I
I I I I
I approved Due back in Dec. Si.
3. Beautification Commission to be renamed I I I I I
tree board, I I I I I
Annexation Plan - (I1I) 7th draft In revision. I ! { I I
Harry (R), Frank (V) (S) I Delayed due to rodistricting, rewrite of
Steve (S) I zoning.
I 1. "Donut" analysls/case study 13. Modeling is very data intensive; may take I I I I {
2, Boundary negotiation strategies with other) 6-8 months to get it correctly, To move I I I i !
cities and utilities I plan forward with work element to doVe}op I I I li
3. Fiscal Impact Analysis sophisticated modeling, Pending Input by { I I
4, Service level definition I Finance, I I !
5, Research other's boundaries I
( 6, Disannexation policy I 1~ ~_~~w
3
Platting Process Re-write (1) JY { Comte,, Sept. 60 Sept, 190 Oct, 11, Oct. 31 I I { P b Z i
Frank (R), ORC (A) 115 Nev. 90; 10 Jan, 91. I ! i I !
1. Fee schedule (11) - Owen (R) Karen (S) I Wa. OK, 13 Feb. 91, CC; OK, 5 Mar, I Draft ! CC
1 I Court cases and leolslation may amend. I to I
{ 2, Survey variance criteria and perimeter I I I.egai I I
street paving - Owen (R) I Delayed due to "SIGNS Ill i !
3. Redraw appendices graphics - Owen (R) 111 12. Completed November 1991, I 1 I I I I f
R-Responsibility V-voto A-Advise/Roview S-Support
* strategic issue PRIORITY; (1) High (111) Low
! 1555e
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Planning and Development Projects
4 December 91
Page 5
STATUS - W LDF.'C,, L_JAN, FE8, MAR.. APR. - NOV_
~ I ~ I I I
SOB iII I Annual report In TW3, April '91, I I
Harry (R) 111) I None in city. I I I 1 I
Accounting (1) Darlene (H) J 1. Completed, f I I I
Jane (S) 1 2 & 3, set up, but no printout.
I
1. HI.C account to reimburse Planning 1 4. Completed, I I !
! 2, Sesquicentennial printout I Main street to sesqul!:entnnnial I ! I I I
F 3, Private Funding Account 1 I I I 1
4. Paver account to CBUA I I I I I
I I I I I I
Off-premise sign fees and removal. I Decision made to collect fee than seek J I
1 removal, I 1
*Downtown Planning (1) 11, Completed with Resource loam Report 1990 1 1 6. f I 1
i Jane (R) J 2. Calendar yoar work elements to I I Brief l I 1
J Advisory Board T November 91, J 1 Counclll I I
i
i. Develop mission 1 3, Held Apr, 91. I I 1
2, Strategic planning/Program of work 15, Positive evaluation, I I I I
3. Retreat with Board and COHA 16. 1992 Program adopted by Board Nov,, 192.
4, 111992 Main Street Organization and Progress 4,
5. State year-end ovaluation report, 1 J state I I
6. 1992 Program I I I Report 1 I 1 i
I ~~~due in_
,
*Fund Raising Campaign Jane (R) (111) I Start r I I 1
Train museum, Jane (R) (ill) I Meeting in Dallas with :museum, Aug, 91, 1 I I I I
very tang shot,
R-Responsibility V-Veto A-Advise/Aevlow S4upport
* Strategic issue PRIORITY: (1) High (111) Low 1
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planning and Development Projects
4 oecemoer 91
Page 6
S1Ai JS ~okC, j JAN, I PEr7. i _ MAR. I APR. - NOV_
Parking Management Plan (I!) 13. Approved Aug. 91 for 91, no contrac,, to' I I I
'91-'92. I I
Jane (R) I 1
1. Survey cc,npleted, Prepare document, I I `
2. Coordinate with downtown streetscape, I o Public forum held with 40 people Oct. 29
tine tuning continues,
3. Associated with William Trade Sq.
contract with county, _
I Assistance from NDC I Brief 1
11. council) I
Housing Program (1) I approved Apr 91, Training in July 91, i 1
Barbara (R) I I on
1 1. comprehensive assistance NUC due in Oct. 91. )program.) I
2, Homeless grant 12. Approved July 91. 1
j 3, Fnds did not fund. 3101 available. 1 i I
j 3. Urban Homesteading . In COBD 91-92 budget. Pending state
d. Home ownership financial assistance with A I
` Home 1 application info. Feds, waived 91-92 j 1 +
1 hitch, Awaiting state rules. I I I
5. New construction + 5. Needs non-profit. 1
6. Elderly housing i 6. Raytor Bldg, as gift, 202 grant. II
UHA to run. Meeting with County I I
Commissioners. Nov, b Doc., 191, ! I i`
1 1. Form non-profile
CHAS I ~ i 1
^Comprehensive Housing Assistance Strategy I + I sub- I I
6 (CHAS) (11) 1 matted
lion requested.
Barb (R),, Marry (5) i Extension requostod.
_..-_..._r...-
R-Respans1bi14ty V-Ve---to A-Advise/Review S-Support [
* Strategic Isis+e. PRIORITY: (1) High (11I) tow
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1G55o
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Planning and Development Projects
4 December 91
Page I
uiiC. JAN. I FER ~I MAR. I APR. NOV.
Plan for Greonbelts (11I) ! Plan approved 16 April 91, ! ! I !
i Frank (R) ! o coordinate with Urainage Ulstrict I ! I I
1. Corps recon, funded Policy/Plan I I ! I !
2. Feasibility study o Submitted to Corps 21 May 91 for FY93 ! I !
3. Construction J budget request, ! ! ! I
I o Team meeting to update action plan Nov, 911 1 Icongres-I I
a Follow up with congressional reps. to timeI I Islonal I I
' I with Corps congressional testimony, I I [follow !
! j I o Updated program to Council Dec. 91. ! ! lup
Sprinkler Ordinance/Fire Flow ! council passed 19 April 91.
I Firo flow problems; o Scripture @ Ector
o Carroll @ Maple I !
o Davis and Ruddoll ! ! l
o Hillcrost "Plan line" ! I !
extension. ( I I I I
I Data Management/Forecasting Harry (R) 2. Complete Sept. 20. I [ I I I 4
1. 1015 3. Annual report published 22 Jan. 91 I [
2. Census/Post Census Report I Ist Quarter out April 91, 2nd quarter; ! I ! !
3. Growth Reports I Oct. 3d. qtr. f
4. Revise forecast, maps, and data by TS2 I S. Completed Feb 91. 2nd revision cOmplet- I I l I I
5. Population forecasts, I ed Aug. 91. in 3d qtr, growth rpt. f I ! I I
6. Growth Map I 6. Completf, up to Sep. 90. Going on UIS. I I ;
7. Plug in RISC 6000 I 1. Completed Dec. 90.
6. TIGER In 015 ! e. Most up and running. 3 I I !
j Redistricting I o Option A selected 19 Nov. 91, I! 1.
o !;-1 possible with Charter amendment. I 15ubmit.f
1. Justice preclearanco. I ! l
R-Responsibility V-Veto A-Advise/Roview S-Support
* Strategic Issue PRIORITY! (1) High (ill) Low
I 1
16556
I Planning and Development Projects
4 Decwnbor 91
Page B
W,,I JAN. _I FEB. f MAR. i APR. _ -ov.
Gl$ Implementation I I I ! I I
Harry (R, S), Paul (R, S) I I I I i
1. USOS base map I I. On Paul's work station, I I I I
2. Y 6 H translation 2. C•,.,ing in piecemeal. Zoning map In. !
3, Conversion ' 3, Mostly complete, I I 1 I
4. Tiger/Census data I Concept map and zoning in. I i I I I
5. Zoning Map (l) I 4. T'IGE'R up,1NFO file ,RaAlingll done, I I I I I
6. Tie to main frame. I 5, Pending lot/parcel boundaries of I I I
1. Concept Map (1I) I conversion. I I j
B. Zoning case buffer program and ownership I T. Concept Map converted except flood plain.) I I
data (III) I Growth maps completed Dec. 91. ( } I I I
9. Land use maps and data base for Comp, I I I I I
Planning (II1) I
Thoroughfare Planning (I11) I 112010 Growth on 1990 Plan" by TRANSPLAN
Harry (R), Frank (A,V), Donna (A) completed. Briefing to P b Z, 28 NOV. 90,
i 1. Employment verification with N1000 I Council: 5 Mar. 91. I I I I I
s 2. Revise forecast naps and charts. ! I I
r 3, Update ISZ map and give to NTCDG 13. Coordinate with Engineering. I I I I I
*Develop Master Plan/Strategic Plan (Ill) 13, in utilities as low priority. I I I I ;
' Harry (R), Steve (s) I I I I I I
Paul-015 (s) I I I I I
1, Expand area to BTJ, I Hold, pending completion of Zoning Ordinance, I I I ;
2. CompiIv policy. I Annexation Plan, redistrictirfg, and SPAN
i' 3. Develop new maps for water and sewers. I assistance. i I I I I
4, Develop new/consolidate policy.
5. Develop strategic plan; consolidate with I I I I I I
n; strategic goals and success elements.
i 6. Request TF. Consider doing with
112000 committee," I I
1. Put together Interdepartmental staff I ! I I f
team, I I
" 0. Prepare for "true" comprehensive plan. I I I I I
y I
9. Use to review ODp,
R-Responsibility V-Veto A-Advise/Roview S-Support
* Strategic Issue PRIORITY: (1) High (Ill) Low
1555e
R~ ;r.. rvl. ]:.y1V/•ifi. ++_i tl d.,,(YQ; v..ij. it.,,.. u.. ..r,
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Planning and Development Projects
4 December 91
Page 9
STATUS MAR. APR. - MOV•
Human Services Survey I Report to council cwpleted Aug, 91. ! I I ! I
Todd (R) 1 I I I I f
Human Services Policy Review/Health Funding J COBG comnittoa discussed 25 Sept. 91, 1 I City
Barbara (R) Il J Relieved to give up purse strings to HSC, I Council
1115% rule" and HSC allocation, 25 Sept, 91, I I HSC i
I ! Idiscus- I i
TW3 letter Indicating CDBG to allocate % for I Jslon? I I I
1 agencies by HSC to Council Doc. 91, J
*FY91 HLC activities and CLO Grants. Jane (A) 1 1. Discussed and approved by HLC, Dec. 90, i I I I i
I, Apply 1 2, a. Draft completed to Tex. Hist. Cmsn. I I I I I
j 2, O'Noil Ford Brochure 1 2, b. Nielee Cochran getting bids. I I I I
a, Develop copy by July 91 1 3. Attended I I I
b, Print by July 92 J 4. Completed Fob, 91, I HLC I i I I
3. Austin Conference 1 S. Adopted July 91, 1 discos-1 I I I
4. Quakertown Marker 1 6, HLC discussion Nov, 91. 1 ses I I I I
5, Historic Marker criteria 192-93 1 I 1
6, FY 92-93 projects I ]pro,jects{ ! ~ 1
o Update Preservation Plan ► i I I I 1
NT Fair I I I I I II
1. Rezoned to GA I I I j ! ;
j 2, Signs OK, I I ! I I
3. New District, OAR adopted June 91 I I f 1 I ;
f 4. Now elec, meters In at City cost.
I 1 1 I
*Downtown Streetscape Jana (R), Others (A,V) 1 3. 'list State corner" Oct. 91 completed. I I I I
2, signalsg I o HPartial ickory-Oak iatrElmfatrAccmo,f11 Nov. 91.1 I ! 1
1 3. Pavers 4. Contribution account sot up to transfer tol
C Fund raising for 3. CODA to pay accrue. As of 10 Nov. need toj
Jana (R), Others (A,V) 1 sell 400 more.
R-Responsibility V-Voto A-Advise/Review S.-Support
* Strategic Issue PRIORITY; (I) High (11I) Low
r. 15550
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Planning and Development Projects
4 Decm bor 91
Page 10
_SIAi'o5 _i f i'A.
Annexation files and taxes - harry (R) (ill) i 1. Check area with OIS. 2.. I I
coordinate with our Tax office and I I
I Appraisal District, Use HSM/1100 I I i I I
annexation. I
service center Beautificatlon Plan
Owen ( S ) l i t - - - -i---- ; - i T- _ I _
Adopt New Construction Curies and foes {I} board dates: probably 3-imotiogs beginning i I Now
1 14 Oct. 91 for Building Code. I I codes
Jackie (R} I
I I I to I I
I I t. Councill
1. Building I Fees: Bldg. Board reeormnded 19 Se p
2. Plumbing ~ I I
$12,000 less than Major issues. ` i I I
3. Mechanical
{ 4, Electrical fees (1)
Council approved some fees 2 Dec. 91. I I I I I
quilding p__it.fee reconsidered 17 Dec.
Revise zoning foes I I. With Article 11 amendment, 5 I-eb. 91. ; i I I 2
Karen (R) III I i I I
1. Ootermine actual costs of PD's
r 2, mlete free downzoning I JE _ _ _
Bikeway/Pedestrian Plrn (11) o Explore grant funding from state and
I section 9. Section 9 may be only for bikes)
I Owen (R) Todd (s) I I I I
( o On Greenbelt I at transit facilities,
o To Schools, destinations j o outline with corrections back to O:,an I, i I l !
o Coordinate with rog. amend. May and Aug,, October. ( I
o Rail to Trail to Ralf to Lake Lewisville I o citizens and staff support groups foam d. I I
Seek eitizen proponent, support I Destination and corridors w/Engineoring done I I
119 Nov. 91. I I I I I
3d draft in works. I I I I
- - R-Responsibility V-Veto A-Advise/ROview S-Support
* Strategic issue PRIORITY: (1) Nigh (1I1) 1.0c
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1555a
i Planning and Development Pro,}octs
4 Oerember 91
Page 11
51A7U5_ C.. I JAN. I~ FEB. APR.NNOV. -
*tleighborhood Involvement 13 8 S. With Entranceway Planning, I i
1, Southridge - Zoning 6, Briefed P B Z 6 March 91 on development I I l
2, NICE (Barb) I transition plan, Pending THANSPLAN I l l
3, N. Lakes (Frank) I modeling, I I l l
3a. Entrance sign (Owen) 13a. Owen to neighborhood meeting 27 June, I I I l l
4, West Denton (Barb) I Wall with sign on it. to Parks Board I I I I i
} 5, Township Ii - Zoning (Karen) I Aug, I I l l
5a. Greenbelt Plan (Janet) (R), (owe") (S) 15, Meetings with entire team and mark Fleegel I I l
6, N, Carroll Blvd (Harry) I Spring 191,
I l l l
15a, Seeking City funding,
7. organize quarterly meetings Frank (R) 17. Hold, ` l
B, Contact University Drive Assoc. 112, Organize, define issues, entranceways, l l l l l
9, Central Business District (Jane) Briefed Jeane Morrison Dec, 91,
10, Prepare neighborhood boundary and base 13. Neighborhood meeting arranged, Not much
s maps. I Interest or attendance, l I I i
11. Prepare neighborhood domographics and l l I i
land use data, l I i l
12. Forrestridge l I I l
12a. Prepare entranceway plan (Owen) (R) It
I I l l
13, Gene Truss I l I I
Denison/Carroll I I I k i
fi
Parking and Landscape Brochures (11I) I Mark ups out for review.
I i 1
Owen (R) Paul (S)
I I
R-Responsibility Moto A-Advlso/Review S-Support
* Strategic Issue PRIORITY: (1) High (111) Low ;
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Planning and Development Projects
4 December 91
Page 12
-STAfUS__~ -1-_DEC - 4AN-- FEB, I HA-J.-K4 NOV
~ ! I l I
*Quarterly Developer/Neighborhood Meetings (111) ( 6. No response. Put off until stronger I I I
1. Infrastructure, intensity and I benefit to completing. i I I I
development coordination Frank (R) I
2. Creating a unique sense of place I I I I
j 3. Regulatory streamlining
4. Coordinate with Chamber, developers, !
HAB I I I f I I
5. Strategic Planning I
{ 6. In LBC in June, I
7. Rewrite of zoning ordinance. I I I I I I
*City paper articles ! I I I I I
Frank (R) Jane (R) Barb (R) !I
S o Greenbelt policy i
o Neighborhood planning and responsiveness
o Housing expansion
o Main Street activities I
o Redistricting I i I
1, OHC Feb 91 completed, I I I I I
Internal and Cross 7ralntng (]it) I
1. Intensity URC - offer to Execs, (Frank)
' 2, Entranceways I
3. Building Inspections (Jackie) I
4. CLG (Jane)
5. Writing Better I
Development Chock List (11) _T I 7o staff 21 July 91, 36 Sept. 91. I ICnmplete~
rank (R) Karen (S) Jackie (5) Owen (S) !I II I I I I
F
DRC (S)
Improve Inspections level of service (1) I o Internal discussions on-going, I I
Jackie (R) inspectors (S) j o Account for time/measure performance, I I I
Frank (S) ! o Recrcat i I I
R-Responsibility v-veto A-Advise/Review S-Support
* Strategic Issue PRIORITY; (1) high (111) Low
1555e
...1 it~enli!+~'(q.l:?vth 6. .y:C'. ..y. . ,.r u!•.'I. 1 n .Js
It e
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1 Y+. . utt5r;?x
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Planning and Development Projects
A December 91
Page 13
tic I JAN i fEe MAR, _,I APR, ~NOY
Demolition process ( U I o Meeting with manager's office June and I I {
Jackie (R) Rabble (S) Donna N. (S) I July 91, Council brief July 91, I I I I
Garb (R) o (asks; I I I I
I a Inventory. Consolidate lists, I I I I {
conpieto. I I I I i
b, Report preparation for Council, { I I I
complete. I
c. Determine who would do lion research. I I I { i
complete, I { I E
1 d, Prioritize complete, I I {
I e, Monthly status report on-going. I I ! I l
j I f. Data in UIS, I I I I {
o status board in Building Inspection.
I _ I I i
o Code Board handling 5/mo.
Update DOP with Greenbelt Policy and Concept 11, Concept Map In GIS, I I I
Map Amendments, (1I1) 2. Flood plain conversion not yet delivered, { I I
Harry (R) Paul (S)
Todd (S)
Darlene (s) I I 1 I I L
Word process land use laws (111) To staff on June 24.
I
6 Owen (R) Karen (R) Darlene, Olivia (S) may be scanned.
)
$PAN Section 9 (11) 1. Work plan I ` {
Harry (R) Catherlne (R) 12. Council brief, Nov, 191, I
o Section 9 application, Harry (R) i 3. 1992 - 3 SPAN budget. City budget impact, l I I I
for match? Careful about liability. I I I - 1I I!
I I A. Explore other than transit transportation I I I ! I t
1 planning and building grants and I I I I
assistance,
o Coordinate SPAN human service and ( I I I i I !
transportation planning and budgeting. I
` - R-Responsibility V.-Veto A-Advise/Review 5-Support i
* Stritegio Issue PRIORITY; (1) High (III) Low
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Planning and Development Projects
4 December 91
Page 14
Nov.
Special Sign District meetings with strip 11. Met with Denton Center. I I I I r
center owners, managers and businesses and I Folsom and Twin Lakes week of 9 July 91. I I ( I
associations. j 2. Met with Cencor 25 July 91. I I I
(1) Frank (R) Karen (s) 3. To discuss on University 0r1ve. i j I I I
j Donna (S)
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Transition from current status to more I I I I i I
attractive and effective signage.
Issues with entranceway planning. I I I j
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o Signage and landscaping the streetscape. I I I I I I
o Curb Cuts I
k o Internal Circulation
o Residential edge I
o Overhead utilities I i I I i I
Charter Amendment: I I ( I I j
i Frank (R) III I
Elementary school site selection I ORC comments to school Aug, 91. I I I
Marry (R) III I Roddc11 @ Phoenix Apts, or Ryan HS. I I I
Expired/not applicable SUP 11. c-xnplle list of expired SUP's~ I
Karen (R) Ili 12. cixnpile list of not applicable SUP s,
13, Notify land owners. I I I
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Fry Street Plan j Meeting with Jez and Carson. 20 Sept. 91. ! «II
Frank (R) Memo to Lloyd for Pole. I I j
Briefed Lloyd 1 Oct. 91. I '
Mike Jez leading effort.
I Comploted document Oct., 191.
R.•ResponsIbiIIty V-Veto y A-Advise/Review S.-Support
* Strategic Issue PRIORITY; (1) High (111) Low I
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Planning and Development Projects
4 December 91
Page 15
aPR"
STATUS C. N,. B,
SPAN Haman services I I I I I II
Barbara (R) I I I i ( I
1, Budget due HSC April 92, I I I I I
2. General Fund budget due May, I I I I I
3, HSC makes recomnendation June-July. I I I
~R-Responsibility V-Voto ~A-Advise/Review 5-Support
* Strategic Issue PHIORIIY: (U High (iii) Low
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CITY Ol offwom, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, 'TEXAS 76201
M E M O R A N D U M
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To: Lloyd V. Harrell, City Manager
FROM: John F. McGrane, Executive Director of Finance
+ DATE: December 5, 1991
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` SUBJECT: MAJOR PROUSCTS FOR THE NEXT SIX MONTHS
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The major issues the Finance Department will be addressing the next
six months are as follows l
k • Implementation of internal audit functions
• Implementation of Finance department restructure,
• Development of Municipal court operating manual
• Review passible and possibly the awarding of public officials
liability insurance
• Capital improvements and operating budget development
• Complotion of City~s annual financial report and audit
• Implementation of hew Municipal Court software systom
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These are some of the projects the, department will be undertaking
in the next six months along with all the other functions the
i department is responsible for. I will explain these in further
detail to City Counoil at next Tuesdays meeting,
OOODA
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8171566.8200 D/rk' METRO 434.2529 i
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6 MONTH
DEPARTMENTAL GOALS AND OBJECTIVES
Engineering & Transportation Department
December 41 1991
1. Design and construction
A. Loma Del Aey Drainage (oriole, Mockingbird, & Lane)
H. Nottingham
C. Forth Worth Drive
D. Ray Roberts Transmission
E. Utility - Waterlines
2. square - Street Scapo including handicapped access
_ j - Signals
- Pedestrian Upgrade
i - Parking Management Plan
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3. Traffic - Collins at US 377 Signal
E - Lindsey at US 377 Signal R
Eagle Drive Signal Synchronization
4. Repaving - W. Hickory - Welch to Ruddell
W. Mulberry - Welch to Bell
- Wood Street
Ruddell - McKinney to Morse
M Cormick at Fannin
51 GIs - Conversion Complete by June 30th /
r - Freese & Nicholls Products Converted
Integrated
1 - All printers purchased
50% of all Eng. designs on CEAL j
6. Floodplain - CRS Recertification
7. Street study - Update
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6 MONTH
DEPARTMENTAL GOALS AND OBJECTIVES
POLICE DEPARTMENT
December 6, 1991
o Update Action Plans
Owsley Addition
* Southeast Denton
o UNT/DPD Alliance
* Series of Meetings with Network Group
* Development of Policing Strategy vii Action
Plan for University Area
o Internal Critique of COP'S Program 1
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* Multi-level Staff Meetings
* Vertical - Otaff
* Modify and Adjust as Necessary Based Upon
critique
o Begin to DoVelop Major Budgetary Package to
Address Civilinization
o Continue to Investigate Alternate Service Delivery
(e.g.) Private Property Accidents
o Moore Building and Relocation
o Develop Strategy for Acquisition and installation
of IMS (Information Management System)
1 CAD 1
* MDT
* Administrative Reports (Analysis)
* Fiold Operation Reports
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MEMO #91-087 Cnr r uE:iai~r9
...~1?y MxN"R; t, Sur c~i u
TOs Mr. R. Svehla, Deputy city manager
FROHs J. L. Cook, Jr., Fire Chief 14-1
DATEi 5 December, 1991
SUBJECTt GOALS FOR 1992
During the first six months of. 19920 the major attention of the
Fire Department will be focused on the following items:
• Recruitment and selection for the nine (9) Fire Fighter
positions authorized in the budget from 1 June, 1992.
• Monitoring progress on the construction of F're Station
six.
Renovation projects at Fire Stations 21 3 & 4.
• Adoption of the 1991 Ldition of the 21V-QX-Z.Z1XA Code.
• Receive and award bide on an ambulanoe, the Quint, and
other motor pool replacement items. M
• Develop specifications in cooperation with the Police
Department for a Joint Information Management System,
i Raoruitnent and selection of a Fire Protection Engineer.
• Finalize a five year development plan for FY 1992-1996.
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should you have any questionsr plea:.e do not hesitate to contact
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me.
xct R. Hagemann
J. Thomason
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DEPARTMENTAL GOALS AND OBJECTIVES
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AIRPORT
December 61 1991
0 Runway Extension
0 Coffman - Master Plan
E 0 'rower Acquisition
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 588.8307
office of the City Manager
M E M O R A N D U M I
Tot Lloyd V. Harrell, City Manager
FROMd Rick Svehla, Deputy City Manager j
DATEt December 6, 1991
BUHJECTt Update on Existing CIP
Council asked for an update on the existing 185 and 186 bond
issues. We have attached a list of projects in each issue, and we
s. have also added a sheet showing the exceptions. The 1985 issue in
complete with the exception of two projects, Locust Street from
Congress to University for $682,000 and Elm street from Highland
to Eagle for $314,000. We have used a small amount of funds from
these two projects to do inlet work both on Elm and Locust near
Pecan Creek. council might recall that these two projects were
set aside since the State came in and rebuilt those two sections
j right after the issue was passed. Since then, the council has
taken action to reserve these funds to provide the $1 million
worth of match money that will be needed for the U.S. 77 project.
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in the 1986 issue, all of those projects have also been completed
with the exception of the following; F.M. 2181 (Teasley Lane),
U.S. 377 (Fort Worth Drive), U.S. 380 (University Drive) and Loop
2880 Council may recall that there are also four buildings on
hold. Those bung the law enforcement/court complex, library and
two reoreation centers. Finally, the athletic field improvements f
at North Lakes Park have not been completed yet. As a footnote to
these, we have also included the latest indications from the
{ Highway Department on letting schedules for the highway projects.
I an sure council will remember in our discussion about the Moore
Building in recent weeks, and we believe that will incorporate
Police and the court complex. Finally, I am sure Council also
remembers the recent. announcement for the half million dollar
grant that Parks and Recreation was able to obtain. This will be
used in conjunction with the funding that is left for the
improvements to the North Lakes to accomplish all of the goals Bret
during the discussions for the 1986 bond issue. Council may also
remember that last Tuesday they awarded the drainage bids for the
Nottingham project. Since our Strw9t Department will bo the
general contractor for that project, that does conclude all of the
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Lloyd V. Harrell
December 5, 199:1
Page 2
street programs in the 1986 issue with the exception of the above
mentioned highway projects.
if you or the Council has any further questions, we would be happy
to try to answer them at you leisure.
i-
R o Svehlea
Deputy city Manager
RSsbw
AMM0008B
!I Attachments
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PROPOSITION NO, 1 6Aa.1991
STREETSITRANSPORTATlONffRAFF1C CONTROL Fort Worth Oryelismes9lfeat Dialnege t,_eo.rca I
198&1081 TOTAL: S 3: (&6.000 li
Litton Miller Parkway Widoning 3 450,000
Turn Lease M,0oo PROPOSITION NO. 3
Upgrade Tral f to Signals 81 Carroll Sou 1 everd 170,000
and University Ddve ANIMAL CONTROL CENTER EXPANSION!
New signal tnalellat ons 145,000
t 9 ig nal at Loop 288 and U. S. 380 64,000 1988.1981
TisflloStudy 25,000 Animal Control CenterExpanslon $ 185.000
Ever*ParkSldewelk 40,000
9ldewalkon Hercules --11.000 TOTAL: S 185,000
31,199,000
1se7.1>ae PROPOSITION NO. 4
j 44oxkirowlaneWldenlnpandlmprovemenla 026,060 FIRE STATION AND EQUIPMENT
RebltlldExialingBell Avenue 1`8,000
i (wllh present alignment)
198.19
r Mingrfbad Tralfloand Drainaelmprovements 260,000
6 TaebyLane Improvements 200,000 Piro Station S 500010
Trofllo Signal Synohrontulion 75,000 Fire Equipment 200,000
Traffic signals _ 25,,00
31,625,000 TOTAL' 3 700,00? l 1
19ivided sla F'
Dev Fist IH 351V South to For padIvlded 250,000 PROPOSITION ATHLETIC NO. 6
FIELDSINEIdHBORHOOD
( Awniw E venuelEImp(oringwmen to imto(Ex (Eagkr ri DriDflve to 1HJS Service Roe) 40 60,,0 AND SENIOR CITIZEN CENTERS
' tmpr ~c00
1„ 000 19M 1oe1
9f} tp~•1990 EW P401'"110nCMlar $1,200,000
i Loop2Ab7Lo"Pirticlpaliflour LoaDivided 321111,000 AIMkWFloWDvvefop0NA1,-,'.. 80AM
£i From U,8- 3W south to Coiorpdo Soulevad 31,250,000 '
t U.g~IBMpoyt3ar1f01pMI0n;sl>tl,aneDVWMd' 800,000•, I
FM"h U.S. f7 (I.oouan to Loop 2BS 19E7•t9EB
Fnpnabn'oflktUrgham(From,U.B' 91lOIovlrgohoi0).:~ ,.600,000,: 90ftWDwMstEalnauton f 760,000
u.B.a16MOIN tot•W*yA"M(WF*tbh, 250,DW AH1wlkPlaid Dewfopmeit 550,1)00
33,IStl0,00d31,300,000
. 11133.1:32
I Fort Worth Drive (U.S.377);FoeLateDivided $1;pli xo, ~eof1 Cnter 31im;9ed
From 11-14512 to P.M. 1830 Devatlopmom
ppj
Fieconstructiono;Odole Street
$1,td2,000 1990.1991
TOTAL! 37,730000 Mimi llIM Cwntei $1,40,000
PROPOSITION NO.2 AihhtloField Dewlopment 400,000
DRAINAGE $1,650,100
TOTAL: 35,960,OD0
too-to?
Taylor Perk Dutnago s 300,000 PROPOSITION NO. 8
Woodrowelidge 250,000 LIBRARY IMPROVEMENTS
Pecan Creek nralnego 110,000
Audio Lone Drainage 90,000 1956 iN59
Bu , Ong ties Dral n e0 a 04,000 j
SluortiSelene DralnvP3 - 60,000 Llhlory Expansion,PAssel 3 400,000
SludyDialnegelloOolellons _ 25,000 1990.1981
3 869,000 Compfattonof Library Exponslon 3!00,000
18571408 TOTAL: $1,000,000
WIIm,v Springs Welnage t 931,000 1
Malone Sheet Dlsmoge 260,000 PROPOSITION NO, 7
Bmning o Drains tW
leaslay Laenna Drainage WWI I LAW ENFORCEMENT CENTERICOURT COMPLEX
' -
781,1100 198& 1,984
'
1AS8IABA Plana for Law en lmeeinewcontoacouf.cam I,ax 3 200,000
Upasq, Music( Drainage Pion 3 126,000 1989. tow
19891990 Low EnlorcamentCenlarldourlCornOlox,Pitae9r 3 WO.01)1) :I
{ t.01,i0 00 Play Dramape 3 325,000 10901)991
Srnawf;unnydafeDia.negr 380,Wo Comple[ton ofl.owEnlorcemanIConleiMouifComplex 31-PlIM0
Dmmr,ge ln, p rovel"anre in !lolly W11 Ano _300,000
31,276,000 TOTAL: 32,00,004
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EXCEPTIONS
1986 BOND ISSUE
HIGHWAY PROJECTS
0 F,M, 2181 (I-35F to 2 mi. South) - Late Summer, Early
Fall 1992
f a U. S. 380 (Locust to Loop 288) - 1995 or later
0 U.S. 377 (1-35E to F.M. 1830) - 1994-95
0 Loop 288 (U.S. 380 to 1-35E) - 1995-2000
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DRA?NAGE
i' 0 Stuart/sunnydale
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o Hollyhill
0 James Street
j BUILDINGS
o Law Enforcement Center/Court Complex
j 0 Library
o Recreation Centers
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ATHLETIC FIELDS
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0 North Lakes
1985 STREET BOND 7'aSUE
0 Elm - Highland to Eagle ;
0 Locust - Congress to University
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OVERLAY. 1985.
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Boundaries
Street Name From To Cost Miles
} Avenue C Mulberry Oak 15,798 .20 i
Bolivar Congress University 40,054 .80 i
HIM Prairie Highland 70899 .10
Magnolia New A%phalt Hinkle 26,588 •30
Elm Congress Oak .30
Stuart Kings Row Coronado 340667 .60
Prairie 15,798 .20
Elm Mulberry
` Hercules Ficadilly Sheraton 17,354 .30
Locust Hickory Oak 50628 .05
Withers Oakland Mingo 170334 130
1 Robinwood Emerson University 540,668 .60
Paisley, Woodford Hettie 80085 120. '
Locust' Oak McKinney 40431 .05
Paisley Frame Ruddell 13,857 .40
First Bolivar Locust 81667 .15
Greenwood Laurel Wood Cherrywood 40,445 .70
KingQs Row Sherman Yorkshire 23,.118 .30
Mockingbird McKinney oriole 100' 28,889 .50
Locust McKinney Congress 15,798 .20
Emerson Freedom Wilsonwood 86,669 l1bo
Austin McKinney Mulberry 80666 .'15 i
Audra McKinney End of Divide 25;688 1030
5
Locust Mulberry Hickory b
McCormick Parvin Willowwood 17,334 .30
Hollyhill Ridgecre.,t Tennyson 63,557 1.10
Avenue A Highland IH•35 14,445 .25
Total Overlay X599,282 9.85 i
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REPAVE l985
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Boundaries
Street Name, Prom To Cost Miles !
Hillcrest Scrippture Emery 470018 ,65
a Carroll Nortfiridge Ross 29t040 ,50
Oak Austin Bolivar 17,424 420
Hercules Redstone Stuart 26,400
Stuart Hercules Kings Row 23 112 .40
Mingo Withers Mockingbird 1160160 2,20 i ,
Old North Road University Mill Pend 270720 ,35
Frame RRX S. McKinney 170424 430
Nottingham University Windsor 57 869
Greenwood Cherrywood Sherman 11,616 .80 120
Locust University Sherman Drive S 662
1 Elm University Congress 55;440 .10 , 70
Paisley Hettie Ruddell 4356 10
Pertain Mingo Wayne , ,
4,:356 ,10
Hobson Lane Teasley PM-1830 509094 1,i5
Congress Oakland Ponder 55t176 ,95
Locust Eagle Mulberry 470916 ,50
Total Repave 596,783 9.45
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Boupdaries
Street Name °rom To Cost Miles
Stuart Selene Hercules 123 595
Hickory Carroll Cedar 105 045 X30
10
Pershing Stuart Atlas 79,020 .20
Locust Sherman Orr 4730218 ,
Hickory Cedar Austin 55
Teasley Dallas Dr. IN-35 116,050 Aso ,
I 170
kl 000 . 30
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Hickory Avenue C Bonnie Brae 372,479 ,70
I Hickory Avenue C Welch. 200,547 .40
Avenue C IH-35 Mulberry 556,781 .70
Glenwood Windsor University 387,739 7p f
Welch' Mulberry Hickory 53 694 .10
1 5'n+3 2;36
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1987
Oak Bolivar Jagoe 461,440 1100
Magnolia New Asphalt Bolivar 1760991 .30
Bolivar Northridge University 4710615 ,70
Fry Sr„ripture Oak 113,740 ,20
West Oak Bonnie Brae Jagoe 3120295 ,70
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Teasley Lane Dallas Drive Ryan Road 1 000 000 2.00
536 081 4. i
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Bonnie Brae Windsor University 301,557 ,70
Bonnie Brae University Scripture 8990984 ,7S
Audra End of Divide Paisley 61,244 .10
Acre Berne,rd Fort Worth Dr, 610302 2S
Locust Congress University 682 095 ,70
i 2,00 ,1$2 2 3
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Bonnie Brae Riney Windsor 397,876 ,65
Scripture IH-35 Bornie•Brae 3470907 50
West Oak IH-35 Y 207,876
a Avenue A Highland McCormick 210,028 ,55
! Elm Highland Nagle 314 516 I5
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C1•fY of DlNTON, TISXAS MUNICIPAL. BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201
MEMORANDUM
DATE. necember 6, 1991
P
TO: Lloyd Harrell, City Manaaer
FROM, Rick Svehla, Deputy city Manager
SUBJECT: Future CTP Projects
j
As everyone is well aware, we had to stretch out the existing 85
and 86 issues as you can see from our update. We still continue 1
to see a great deal of discussion and pressure to add new
projects. I don't think there is any doubt that, as we finalize
the last of the 86 projects, new bond proposals will be the
subject of many citizens. With our current funding and revenue
sources versus operations, there doesn't seen to be a lot of room
to continue bond projects or programs without some sort of revenue
increase.
We have put together a partial list of major projects. Certainly,
projects are
there are important to manymofeour that citizens. be small in Examples of scope
as follows:
INITIAL, DESIGN
PROJECT COST
Loop 288 & 2499 Connection (Right-of-Way)
Collins Street between Ft. Worth Dr & Dallas Dr
Signalis 6 Turn Bays
Street Repaving 0 Recycling
Bonnie Brae
Willowwood to Airport Rd
Police / Fire Computer System j
Park Improvements i
Willowwood from Bonnie Brae to McCormick St
Windsor Drive widening - Bonnie Brae to Hinkle
Park Acquisition
Hobson Lane from Teasley to Country Club Rd
Westway from Carroll Blvd to Univ Dr l
Landscape Improvements
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8171566.810D D/PW METRO 4342529
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. aT17»S'I -
Future CIP Projects
page 2 of 2
As you can see, these are all worthy and vital :projects and are a
sample oY requests staff has been receiving. Staff studies and
projections have shown these to be needed. we would be happy to
i may desire.
discuss ny nformat ion on any of these ash youCorr~the Council a
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CITY OF DENTON, TEXAS
MEMORANDUM
DATES December 10, 1991
TO: Mayor and the City COMIcil
FROM: Lloyd V. 14arrell, City Manager
1 SUBJECTS STATUS OF COUNCIL'S 14 ISSUES FOR 1991-92
I
Enclosed is a status report on the 14 issues that you decided to
track closely at your May-June planning session. I have also
included the notes from the planning session to give you an
opportunity to review what was discussed.
If any of you desire additional information on these items, please i
let me know, J
Li yd V. Harrell
City Manager
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j STATUS OF CITY COUNCIL'S
fl 14 ISSUES FOR THE 1991-92 YEAR
(AS OF DECEMBER 10, 1991)
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1. Di.laodAted Structures
An in--house, task force was developed to recommend and
implement abatement strategies. A report was presented to
the Council on July 23. An increase in demolition actLvity
was proposed as a supplemental budget package (>15,000).
Council opted to use a more aggressive enforcement prriesa to
get demolitions rather than having the city pay for them.
In August, the entire city was surveyed for substandard
buildings. 219 substandard units were identified and
prioritized. They will be processed on a worst-first, if
vacant, basis. demolitions ieffort. 30 other rehabilitations
have
} also been demolished.
2, fidget Process
The Council adopted the Approved Annual Program of Services,
Budget on September 17, in accordance with the Charter. A
copy of the 1991-92 budget process calendar is attached for
your review. Any feedback concerning the general format,
dates, assignments, etc. would be appreciated.
3. charter ggvision
The Council requested the City Attorney and City Manager to
prepare and submit a list of Charter provisions that confliot
with state and federal law and those that staff believes
should be amended. A summary of the legal conflicts was
submitted to the Council on September 24.
4. City council Re4L. tjr n
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Current city council district boundaries were adjusted using
the 1990 Census information, The City Attorneyfs Office is
submitting the adopted plan (option A) to the U.S. Justice
Department for review and comments.
The Manning Department 'developed several alternative
I redistricting plans for the community to review and consider.
Meetings were hold to allow community members the opportunity
to comment and provide feedback. The outreach efforts
included the League of United Latin American Citizens (LULAC)
and the National Association for the Advancement of Colored
People (NAACP). Two public hearings were held to receive
feedback on the redistricting proposals.
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status of. Council Issues
December 10, 1991
Page 2.
5. Review Use of City vehicle PolaY
` The city's take-home vehicle policy was reviewed as part of
the 1991-92 budget process. A cost-benefit analysis was
r presented to the City Council on July 2. Program benefits
were reported as follows:
Citizens report feeling safer with the police vehicles in
neighborhood.
f - Officer productivity is enhanced because officers are
encouraged, and at times required, to take action while off-
duty.
- Cars are better maintained and last longer in the care of
f one officer.
!
After reviewing the program, City council concurred on
i continuing it.
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6 and {t
An ad -hoo Denton Area Solid Wastes Technical Committee was
created in October to develop and review options for future
waste disposal in Denton, The committee is composed of UNT
and City of Denton staff members A final report will be
presented to Council in early spring. At that time, it is
suggest-'d that Council appoint a blue ribbon committee to
make long term recommendations for Council consideration.
Parker Bill (HB 1340) will impose a 40% reduction in waste
deposited in the landfill by 1994. Compliance by 1993 or
1994 may extend the landfill by 12 to 24 months, However,
disposal costs may become mora expensive.
State surcharge for solid waste disposal was tripled
resulting in an unbudgeted expenditure of $60,000. Federal
Sub-Title D regulations have been published and are found to
be lass stringent than were expeoted, They become effective
in 24 months.
Transfer of commercial solid waste collection services to the
City is on schedule for the February start-up date.
Individual contacts have been made with current private-
hauler clients to explain the transition and answer
questions. Capital equipment purchases have been made, i.e.
collection trucks, dumpster bins, etc.
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status of Council Issues
December 10, 1991
Page 3.
7. Review COPS Pro ram i
A review of the community oriented policing Services (Coed)
program was completed. A comprehensive report was presented
to the city Council on June 11. Council's consensus was to
continue the program.
+ The National Association of Housing and Redevelopment
Officials (NAHRO) awarded the COPS, Criminal Trespass Arrest
Program and Academic Allstars after-school tutorial program
(both in southeast Denton) recognition for innovative
r programming.
To date, 153 city blocks have been heat-overlaid, including
1 Windsor, McKinney and Roberts streets. 26 blocks have been
Bomag-overlaid; Bonnie Brae, Acmo and Jim Christal included.
8 blocks wore reconstructed, including West Scripture. 24
blocks were re-paved as part of the Utility CIP program and
I' blocks were sealed.
An overview of the Streets program will be provided as part
of Items 02 and 03 of the agenda.
91 storm-water Utility
The citizens committee completed their evaluation of the
proposed storm waiver utility and concluded that a utility is
needed! A final report will be presented to this Public
Utilities Board in January; a subsequent report will be made
to the City Council!
10. Public Tr=gjgor~cn
Staff work continues with SPAN to ensure the transition from
the current rural transportation system (Section 18) to a now
urban system (section 9) as defined by the U.S. Census and
the Urban Mass Transportation Agency (UMTA). A comprehensive
staff report on section 9 was presented on November 1.9.
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Status of Council Issues
December 10, 1991
Page, 4.
11. Buil.dirg_PIana
The city's Space Master Plan is complete. It was presented
to the City Council on November 19. A report on
implementation of Phase I will be presented to council on
December 17. The discussion will involve finalizing
implementation plans: renovation of the Moore Building, the
old City Hall (police station) and the minor changes and
moves needed at City Hall..
12. E,_COYiomic Development
During fiscal year 1990-91, staff prepared 24 proposals for
prospects, handled 788 requests for information and attended
215 economic development related meetings. The Denton
Economic Development fact book was updated and distributed to
over. 100 clients. Also, six business retention visits have
been made to local industries and 2 Mayor and Council
breakfasts have been coordinated.
Staff continues to coordinate and assist the MRO, Inc. outlet
mall project in order to keep it on schedule.
13. &,vised PAy Plan Me car Stuclvl
The Mercer Study is complete. Preliminary results from the
threo year study were presented to the Council, on July 31.
The final report was present on August ?7. Council approved
funding for implementation of Phase I of the new plan.
Meetings were held to explain the new compensation program to
all city employees. An ordinance authorizing the new pay
system and revising current policies will be presented to the
Council on December 17. Phase one of the new pay system will
become effective on January 1. Training will continue on the
new pay-for-performance system to guarantee the effectiveness
of the program.
14. Year 2000
At the June Planning Session, the Council, requested that the
stuff concentrate on implementation of the city's five-year
strategic plan as drafted and presented to the City Council
on February 5. Progress continues to be made on refining the
plan and implementing its elements.
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FOR
1991 CITY COUNCIL POLICY
PLANNING SESSION
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I HILTON D.FW CONFERENCE CENTER
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BOB SAUNDERS, FACILITATOR
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CONTENTS
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1. GOALS FOR THIS WORKSHOP
II. PERSONAL GOALS FOR COUNCIL MEMBERS
III. ROLE AUTHORITY, RESPONSIBILITIES OF COUNCIL MEMBERS
IV. DENTON'S ACCOMPLISHMENTS
V, LONG TERM ISSUES
ell
VI. NEXT YEAR'S CONCERNS/ISSUES j
VII. 19 ISSUES FOR THE 1991-92 YEAR
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COALS FOR THIS WORKgRgp
o Get on fast track to get improvements made to improva
Denton--like reduce costs, lean administration, improve
appearance of city, etc.
o Get to kn:w each other better
o Develop respect for opposing views
o Learn the art of compromise
o A reasonable understanding of long and short-range goals i
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o A clear understanding of council/manager syst,am and how we '
can work within it
o objective (not impersonal) communication with other council i
members and staff i
o A firm understanding of my personal prerogatives, ~responsibilities and privileges as a council member
o A workable relationship within the council
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o A better understanding of the workings of the Council
o A sense of cooperation and mutual respect between all Council
members and senior staff
o Team building
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PERSONAL GOALS FOR COUNCIL MEMBERS
o Encourage better cooperation among leadership elements of City
{ o Adequately serve people with their problems and concerns as
they develop
o Continue progress on COPS Program
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o Expand training and staff. development throughout city
organization
o Make mayor street improvements
o Expand parka and recreation programs such as after school 4
action site and summer camps.
o Learn to be effective council member ably representing all
citizens
o Improve lot of poor and needy in some long-lasting way,
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o Do something constructive and long-lasting to positively
affect quality of life
i o Develop a council-staff relationship that is positive,
objective, and free as possible of criticism (especially
criticism of an excellent staff)
o Help myself and others assume their proper role as council
members
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o Let us work toward some compromise y,osition when we are
deeply divided. If we can reach some aiddle ground, we are
in stronger defense of position
o Complete effort to attract new business by getting
commitments from at least half we are working on
now--increase effort to attract new prospects.
o Build Fire Station 06
o improve over-all image of city govornmont to community and
beyond
20968 _ 2 _
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ROLE - AUTHORITY, RESPONSISILITIFS OF COUNCIL MEMBERS
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Moor's Role and Author
o Spokesman for community
o Spokesman for council
o Limited to mayor's view of what he thinks of community,
council, etc.
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Public Perception of ..moor's Power
Role Individual 1
Authority Council 1
Responsibility Member
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Formal Mayor j
informal "
o "Speak for Council with the Council's permission....
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o Staff will check out council rules
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City Council Meetincs
o We need to remember rule to allow everyone to speak once
before 2nd speech
o Need to get motion on floor before discussion
o work session times? E
- Too much on agenda?
- Too little time?
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- Give people times for appearance?
0 Time limit on City Council meetings: 11:00 p.m,?
o Extra Tuesdays for work session
o Agenda Committee?
- Advantages 3
Disadvantages
Note: First and third Tuesday of the month are official city
Council meeting dates. Starting in October, 4th Tuesday
will be devoted to work session items.
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Philosophical Question
o Partisanship in City elections
o How involved (can) (should) we become in el.eci.ons?
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Individual Council Authority
o Listen to anybody
o Speak for self or est. polf. cZ
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o Call manager with problem or issue
- get responsiveness
routine
cut "red-tape"
- get things on agenda
- get information
- expect manager to tell us when is agenda item
j o Have mid-year progress session
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Notes City Manager's office will schedule a mid-year Council
Planning session to review accomplishments and progress.
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INFORMATION-PROCESSING MODEL
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DYNAMIC Jo Hari Window
OTHERS
Known Unknown
Self- {
I open I Hidden I Disclosure
Known I Free I Facade
s I Pcoductive
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E I Blindspot I Unknown I j
Unknown I Potential I
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Feedback
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WE ARE MODELING FOR COMMUNITY
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DENTON'S ACCOMPLISHMENTS
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1. New Camping World Business
2. Conscious effort to encourage economic development
3. Laying framework for;
0 Quality of Life
o Beautification
o Tree Ordinance
f o Plan Development
o System for Tax abatement
o Freeport plan
o Economic Development Coord. C of C
4. Develop positive image for city
r 5. New development review process
- 4 utep process
6. Better working relationship between City and Universities
{ 7. Seen exaitr-, Gs of people working together
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o staff boards, councils, etc.
8. Maintenance of high quality of life (parks, cultural1
development, etc,)
9. Sign ordinance
willingness to make amendments to former ordinance
10. Beautification Award
11, increased capacity of city staff to get things
done--continually improved--professional
12. Innovative things done in light of declining tax baPe, etc.
13. Innovative Police Department programs
- COPS
14, innovative hire Department
15. Recruitment of excellent Public Safety Department Heads.
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16. Water Department award
17. Citizens, will Co maintain "progress"
18. Sprinkler ordinance
19. Recycling efforts
20. $15 million of bond projects done
r - completed bond CIP program
21. Greater citizen participation and neighborhood involvement
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221 Lack of crisis - day-to-day systems, warning systems are ;
working
23. Beginnings of Upper Trinity Water Project (Denton has done
one of best jobs of any city in water and power.) s
24, Lack of fiscal crisis due to planning, monitoring and i
management
j 25. Looking at storm water utility - visionary (greenbelts)
1 26. Main street program
27. Landscaping the medians of our city entranceways
28. Self-insurance program
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` LONG TERM ISSUES - 3 TO 5 YFFtf .i
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o Broadening tax base
o Water needs
o Recycling
o Waste management - landfill
' o Major capital improvements
o Expansion and quality control of Public Safety
o Continued staff/council development to high level of
excellence
o Correct rate charged city by TMPA which is above other member
cities.
o Get tax rate in line with cities of comparable size
! o Continued strong effort for new, compatible industry
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NEXT YKAR'S CONCERNS/ISSUES
o Improved efficiency in city operation by reviewing all jobs,
i reducing work force by attrition and reducing expenses in all
areas such as travel, etc.
o Continue street improvements
o Reduce number by reviewing "take-home" policias on city
vehicles
o Review City election procedures, personnel, all aspects, to
correct errors that havo occurred, prevent future errors and
prove to citizens that elections are handled properly,
o Utility issues, development of UTRWD (Upper Trinity River
Water District) contracts
o Solid waste - How we handle the monopoly of collection of
residential/commercial
o Budget with declining tax base
- How we Rind next year's budget at pte-ent tax tate or look
Ills at 20 raise to off-set Freeport Amendment 1
- How we handle cuts in programs or departments
f` - How do we explain budget issues to citizenry?
I o Charter revision committee task farce
o Maintaining local control of municipal functions, 1.9, solid
waste, electric, water.
o Planning for sound economic progress allowing existing
business to compete fairly
o Using tax dollars responsibly, effectively
o Recycling- Waste inagement
o Develop and begin implementation of Greenbelt Plan
o COPS
o Streets
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o Bea utif Lcation
o Budget
- Lower revenues
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- Increased needs
o LandfJ.ll
n Recycling
o Redistricting
o city auditor
o Windsor Drive
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-CITY OF DENTON
ANNUAL PROGRAM OF SERVICES
CITY OF DENTON
1 BUDGET CALENOAR
1491-92
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DATE ACTION
February 11 Monday -Begin preliminary budget template training in Budget Office,
March 11 Monday -Begin formal budget template training in Budget Office.
t March 14 Thursday -Begin field visits with department heads and managers regarding
budget process and new procedures/forms.
March 15 Friday -Distribute Budget Priority questionnaire to City Council.
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March 26 Tuesday -Council returns Budget Priority Questionnalre.
March 27 Wednesday -Preliminary revenue review with City Manager (general indications and
major concerns).
April 2 Tuesday -Review and discussion of Budget Priority Questionnaire with City
Council.
April 5 Friday Budget kick-off (distribute midyear comparative report on April 10).
April 22 Monday -Revenue projections from departments due In budget officer
May 3 Friday -Classification forms for new positions duo In Personnel.
-Analysis forms for new data processing equipment due in Infdroation
services office.
May 13 Monday -Presentation of revenue projections to City Manager, r
-All governmental fund budgets due In Budget Office.
May 15 kednesday -Preliminary roll due from OCAU.
May 20 Monday -Preliminary Budget Analyst discussion with City Manager,
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May 21 Tuesday -City Council Budget oiscussloo regarding Hunan Services and
Transportation.
-City Council budget discussions with Judge and City Attorney.
May 22 Wednesday & -Executive budget hearings.
May 23 Thursday
May 30 Thursday d -Executive budget discussion and ranking.
June 3 Monday
July 2 Tuesday -Submit "Major Budget Issues Report" to City
council.
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"Dedicated to Quality Service"-
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..._.._CITY OF DENTON
ANNUAL PROGRAM OF SERVICES
CITY OF DEN70N
BUDGET CALENDAR
1991-92
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ACTION
July 2 Tuesday -Discussion of "Major Budget issues" and budget.
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July 16 luesday -Discussion of "Major Budget issues" and budget.
f July 23 Tuesday -Hotel/Motel tax recipient budget presentations.
July 25 Thursday -Chief appraiser certifies appraisal roll.
July 30 Tuesday -submit Proposed budget to mayor and City Council and file with City
Secretary.
-Hotel/Motel budget - Chamber of Conmerce.
August I Thursday -5ubmission of Certified Noll to City from DCAD by this date.
August 6 Tuesday -submission of effective and rollback tax rates to Council.
-Submission of certified collection rate.
-Approval of tax roll.
-Vote to consider a proposal for a tax increase prior to publishing
j nottce of hearing,
Council budget study and staff budget presentations.
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August 9 Friday -Publish effective and rollback tax rates.
h August 13 Tuesday -Council budget study and staff budget presentations.
August if Friday .-Publish "Notice of Hearing on Budget" let least IS days In advance of
hearings).
August 23 Friday -Publish lst quarter page notice - "Notice of Public Hearing on Tax
Increase" (at least 7 days in advance of hearing).
August 27 Tuesday -Approval of hotel/motel tax recipient budgets. Council budget study.
August 27 luesday -Public hearing on tax increase and budget.
September 6 Friday -Publish 2nd quarter paoe notice - "Notice of Vote on lax Rate."
September 10 Tuesday -final Council budgot study (only agenda item).
September 17 Tuesday ..Final budget consideration and vote on budget, then tax rate.
-Consideration of year-end budget adjustment ordinance.
September 20 Friday -Publish notice of adopted budget available for prbiic Inspection.
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'Todiaetbod to 00011ty 8AIrvtca"
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CITY OF DENTON, TEXAS
MEMORANDUM
DATE: December 10, 1991
TO: Mayor and the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: SAMPLES OF CODE OF ETHICS ORDINANCES
As per your request, we have collected a sampling of code of
ethics for Texas and other cities. Also included is an article
{ from the National League of Cities on ethical behavior. Please
i let me know if you desire additional information on this matter.
1. Ordinance 91-4-37, Code of Conduct, City of Plano, Texas f
Article IV. Code of Ethics, City of Austin, Texas
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3. Article XII. Code of Ethics, City of Dallas, Texas ~
4. Statement of Policy, Ethical Conduct, Dallas Area
Transit Authority, Texas
5, ordinances Governing Administration, Arlington, Texas
6, Ordinance 10617, Code of Ethics, City of Fort Worth
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7. Code of Ethics of the City of Cincinnati, Ohio
8, Article 8, Ethics Law, City of Baltimore, Maryland
9. Chapter 3, code of Ethics, City of Darien, Connecticut
10. Chapter 1.46, Code of Ethics, City of Tacoma, Washington
11, Chapter 21, Ethics Law, City of Frederick, Maryland
12. Code of Ethics, Township of Falls, Pennsylvania
13. Ordinance 1637, Code of Ethics, Clearwater, Florida
14. Ethics Handbook for City Council Members, Members of
City Boards, Commissions and Committees and City
Employees, City of Phoenix, Arizona
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Lloyd V. Harrell
city Manager
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Standards of g r a Guidelines
f Government Decisibn Makers
Spelling out Do's and Don'ts of ethics in government
The Standards of Conduct & Guide should neither seeL nor accept any forma
Ilnn (or Government Oprislon Naking gut this report of personal benefit for the performance
ouuYne and explain the ethical principles, of their duty to deal with a matter
considerations and obligations inherent promptly, efficiently or fairly or ion the
In rite public trust theory of govemment Ethical behavior by public officials has been receiving Increasing attention At all exesise of appropriate but discretionary
service. They reveal and Interpret the levels olgovemme i. Hardly a week g" by without some ppuubllc offidat finding represeraatlontl authortryry
suppositiotu that shape the attitudes of himsell in the news for having taken some action in hls oifidal capedty, which B. Accrsribdify of Elided Officials.
the preu and the people towed public ralea questum oricerning the ethical propriety of the atlon faken. Like it or not, Elected offidaLs should assure that con.
service. They provide practical enteda for In the eyes of the beholder. perceptions can often be regaded u fact, sbtuenb and otherswho may be aHeaed
evaluation and decision making by set. With the supportof NLC and several other sate and local govemment asAoda• by public polides have a fair and equal
Ong Icrth a coherent set of principles to bons, the Government Ethics Center of the losephaon Institute for the Advance opportunity to express their concemi,
help persons In the publlc sector discover ment of Covemrr.+ conducted a survey, posing a variety of opWOn gtsnuom on grievances and Ideas without regard to
r the boundaries of propriety. the topic of ethics. Resulting from that survey, among other things, was a their willingness or ability to provide
These sandareta apply to all those in reaffirmation that reasonable people will disagree on what be or isn't ethical personal benefits or political support to
govemment WrVice Including came civil behavior; and the y-:bltcation by the Center of a document called, Standards of the officuds.
servants, elected and appointed officials Conduct b Guiddints for Government Decision Mail% C. Personal gene#H Should Nrctr Ap.
and their stiffs. The NLC Boud of Dinx-tme Iasi year, endorsed Slandards of Conduct b Guide- pro, to Be Vecrsury. Public servants
In applying these standards, public lines for Covrrrmrns Derfsfon Makfng As a document that should receive careful should not engage In any conduct which
servants, the press and the general public review and conaidenation of local publlc offida!j. to facilitate a procaa of review could ae see in the mind of a reasonable
should honor fire principle of good faith and comment, this special report is a suaunary of the prlndphre and guldellna observer the belle) that persons will re
which Impears in obligation to interpret contained in the till donrment NCW will carry nudes In coming addltlonn celve better or different service If they
and Implement the ethical duties sped. expanding upon each of the Rye principles. M weleome any quesuom or provide personal benefits or political
fied with integrity, sincerity, and a com- Comm" is from our readers, support to a government offidal.
mnmerit to advance rather than evade or The Covemment Ethics Center is a division of the Joseph & Edna fosrpluon
dicumvent the spirit and purpose of the Institute for the Advancement of Ethics, a nonpeoft, notpanban, tax-exempt 6, USE OF PUBLIC EMPLOYEES
standards, educatto naI organization. The Center was established to a" those who work in FOR PERSONAL BENEFIT. Public for. t
government to indict and maiMaan public het by enhancing their nhkal con. vants should not tee public employees
L PUBLIC OFFICE AS A PUBLIC sdousnesl, profidency and practlc I Judgment.-T" McClortaf on government time for private txnefil. I
TRUST. A. Subordinafe'r R"Ofu 6Hlfy to Say
Publleservantsshould irewheriroffice No. Public employees should refuse to i
as a public trust, only using the powers considerations, and laws In good faith and energetically perform improper penonel tasks an Boy.
and resourns of public office to advance A. Efectrd Offfcidfs Should Mate Pclfcy. pursue the Boils of policy and law-nark. ernnment flax,
public interests, and not to Wain M. In a repreaenutlve dernmary, public In. err..
tonal benefih or Furies any other private forest should be determined and h7rar- A. S0ordination of Prnonal Pismo. 7. USE OF GOVERNMENT PRl
interest Incompatible with the public lased into policies and programs by or Public servants charged with the admin. ERTY FOR PERSONAL BENEFF, A
goal under the cilmtlon of elected officials utratlon of policies and Iowa should do pubLc servant should not use govern.
1. Pursult of Public Interest. In treat. who are ultimately acavuntable to the so AS "tably, efBdently end eronemd• rent property or fadlltles for private
ing their office As public must, public public. ally as pontawle, reynf]ess of their per. benefit,
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servants, whatevertheir role, should o ll. S. Draffng With Com/ifcting Loyalties. In Somali vows,
gently and in good faith pursue the pub. pursuing the pubtie Interest, public sir- E. Dealing With Policy Ofargrefmfnls, g. USE OF THE OR PRESTIGE
Ile interest to the best of their abUJtyand vants should put to al to demacrtek PuNk servants who fled th it thou per- FOR PERSONAL ILNEFFT, Public men
subordinate self-Intemist to the publlc principles and to the bsoedest public maul mrivkuoru are Ineawmdbbly In. vants shasid not use, nor allow others
to
good. goad above loyalty to politial panty, compvtlbk with lawful poLdeb should use, the authority, dtk or prestige of
their constituendes and Indtvkh" openly tub elide cortPoct and, in some publlc of&x fa the anainmxnt of Private
L ENSURING PUBUC RESPECT. In Cr Pdnkfng loyairy Obllgettoma Where raw, withdraw from the admbdshstbn finandal, social on political benefits in
treating their office as a Fiume trot, pub- alloating public husda AM formulating of girds pulickt, any manner that Is inc"Whint with
lic servants should out so As to eroune the general public palldes, elected of ciab C. Whiffle Moedmg: Disdoertre of Un• public Interfiber,
reality and peneptlon out government to should evaluate Wormation obJertlvdy lawful or Improper Polities or Actions. A. Use far Commercial Purposes. Public
conducted according to the highest pdn- and deddewhat is boot for the public as a Public servants who have a good faith fervants should not permit th* motes
ciples of demoasry with honesty, inn. whole, not full fa a nArrmW COILS h1- belief out the pubtk Intept requisite the or of ldal tides to be used by a non btle
city and a com"M for justice and Is, envy. disclosure of governmental polkks or entesprWo to any Donner which would
therefore, worthy of respect, cwt and D. JrgrnfuHona! n. Pommel LoyalHers actions thought to be tm4wful or Lon- lead reasonable olowyes to beirm that
support. Pvbllc servants with supervises" au. proper should revsl thrk inforvution to those who dead with the enterprise may
A. Avofdfn lmproprfefy. Public Ser• thority shotdd tafeguud and pr~ the appop. to euthorlden. receive spedal treataxnt of advinagd
YAMS shouly maintain public trust LA public Interest, the reputation of govem• DD Larking. Effort" In muum of p u e renstt of a formal uoodatfon w1t1m
Bove mment by avoiding Ada which rnent and the integrity and e(Adenq of public importance whM identl(yl S the PAbik wrvrnt.
place personal a private Interests Above their department, even At the rot of unebelf as the some of Lnfrommad n g. Etploftbe hex The present a for.
pursuit of the pubJk Interne. Injuring a sup rrlon colleague or Mend would involve svueuonabie personal mer holder of a high puts k office which -
B. Avoldfng Appeard"em of lmpropriefs. E. ProfrMon of Minority Rfghhs. It Its In rWu, public servants should nor wimitly cantles with it subwndal prestige should
Public Servants should avoid «mduct the overall public interest that the will of reveal ocarmentfal governmenlaal"Here not rppea to no the stshce Of time office
which bride to undermins public matt by the majority is Composed by A c0111.mll• or allege ImpropefetM, by accepting Santa that athhe a $"am
seating In the minds of """Able Im• Mont to cvruldfr and Morris the rights perception that the of Ift has been ex•
partbl observersthe perception that gov. and advance the lntemb of minorid", S, PERSONAL GAIN' FIIOM THE ploited for prlvnr gale.
Menem office his n used Improp- especitlly 01004 that Art na oulfdently PERFORMANCE OF PUBLIC DU- C, Use for PHvcle Adoemfage. Public
erly. repn0ertted in the normal dedslon ma r. TtU Eroept for official compensation, servants should not use official Lenrr-
7, FORMULATION Of PUBLIC big process public servants Should neither seek roc head of Was to Ill public: position u A
accept any Iona o! payment, Vidulty no mans, of Lrdudng or Intimidating per.
POLICY. Persons with the responsibility L IMPLEN ENiAI10N OF POLICY, other personal banegt relating to the per. WAS to rsonve dirputes more favorably,
for making public polkyand laws should Public adminlshators and execudir" formanceof their responsibilities. provide p14,11h nrul treatment, or give
puce the pubic Interest over all other should imer" and Implement podda A, Pnfomtamcs of Dirty Public servants See p.1, coLI
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free ttsiseb, dlaraunts, favon or other of c mnprombing thcL' oblecHvity, irtde- governmental bodin on IRW of scan- sped the principles and spirit of repre-
advantages. pendence or hon"ty. stitu"ts or friends since such Intmm• sentative democracy and set a positive
C. Benefits Intendrd to fnflur+ce. Public Hon can threaten the ability of govem• example of good citbenshlp by saupu•
9, USE OF PUBLIC POWERS FOR servants shoWd not accept bsrtefits of ment admh,!sua!ou to exercise lousiy observing the letter and spirit of
POLITICAL ADVANTAGE. A public any sort under drcvm,,tanm In which it Independent Objective Iudgmmt on the aws and rut",
servant should not use the resources, could be reasonably Inferred that the merits.
prerogatives and power of office primar benefit was we nded to Influence them In A. General Raft. Generally, intervm• t. Obeying All Laws. Public servants
ily to advance political Interests. the performance of their public rnpon- Hon of behalf of constituents of friends is have a special obligation to obey aU la
v,i
A. Use of Public Employees. A public sibillHo. proper oniyUltbsMcdy l'mi ttd to Mur• and regulations.
servam should not use or seek to use D. Duty to Report Improper O#rn, Ing faience of the proedures and the
public employees, on goveinm"t time, tyhm the possibility of improper motive Intervener consciously avoids seeking to 1 Artifices and Sr}ttmes, Public we.
to assbt N poUtiral party activities, cans- requires refusal of a gratuity, the official unduly influence the decision making vents should not engage In artifices
and
palgn(ng fund raising, a other partisan should fbmly wam the person about process. )hose who intervene should schemes to exploit loopholes o amMgu•
or l,erwnalpobtkalactivid". britvsry laws And improperhtPuenre;If Prmly,explklUyandunambiguously Was ("the lawIRAAyythatundermin"
P. Use of public Far flffres. A public ser• the attempt to unduly influence le dear, convey their Vimited purposes io reduce theirs bit and purpose.
vent should not conduct nor allow cant- the matter shovld be reported to law he por!billty of diced o indir«t prey of the prucer. in using
palgn and fund rate" activities on Roy enforcement authorities. sure on adodnbtnon which could rea• 3, aedtual ducal r y d
emmenl premiums nor use govemment E. Appearance c; Undue Injlaenct. Ile. sonaMy appear ro Influence Ilse substan• mainLALA 1 Inteptyc me". and effi.
he
resources (a these gardless of the ace ti Intent of the pro- live dedAon. Iraq of htl.a promo b by y honoring athe
C. flea of Nfgfc A ty. A public videi or redplent, public servants should enry o
servant should not use public authority not accept benefits of any sort under UL PRINcEME OF ACCOUNTABIL• substance and spirit of the rules and by
prlmuUy to achieve personal political devanuunces which would create in the ITY, refraining from conduct which under.
advana3e or favorable press coverage. the f of re so Inflames th the m belief the PublIc is servants should openly, that monarye ~plcs of representative de.
berieflt may
canducted So. USE OF CAMPAIGN FUNDS performance of their public responsibll• equitably and i d mablY in A
to makeNln• Use of Leadership Pow". l.egisia•
FOR PRIVATE BENEFIT, Public W- iH", permits th
j vants who run for office should use cam- i. Eamed Income From; Persau Ofrt[!ly formed judgments and hold government dye leaden and comml nee chain should
ppign fiends only for expenses directly Affected by Arlfons or Decide". Public a ffidals Accounable. use their leadership powers only in a
relating to campaign f e.g., salad", on servants should avoid engaging N On= L. ov"#*i. Public servants should manner consistent with represenutive
sultan) le", travel, Printing, media, poll- dal relationships that might reasonably assure that those to whom they have democracy.
tog. commumiuHOn west:, voter and con- be construed to aced their Judgment a delegated public power, Including their
stituentsl and not for Personal or other actions, especially from lobbybt or other staffs and administrative agendes, carry S, CiDisobedience. I he cafes r
I'"' purposes. persons who are likely to be affected out their mponsibWH" efidenUy, eq. public servant y exercise tp+eroba'
A. impmger Etpenditvrn. Campaign diedly by their actions of decisions, u4bbly and ethically Hve of <onftlmdoa objettlon by si;s•
funds should not be used to supplement ii. Grataihn elom Persona Directly Al. obeying the law. In such cases, We illegal
personal income or enhance a personal (coed fly Ar+fo+ or Decision. Publicum- L Opsnnees. Public servants should behovlor should be open and this official
Ii(e ""a. venu should refuse to accept any gratu• exercise the authority of their offices should be willing to bear the appropriate
inCTA.
row from campaign funds nottar^•nf thehot- i0es which may m to affect heir judgmrnt reasonably or adions~ espe- ab~outy govw that (he public Is Wormed emmental
dedslons an the legal and IPLE O conwcoftetti
toanyotheiperson, whedieror natlnier• dally from lobbybtorother persons who citizenry can hold hem accountable for V. PRINCIPLE OF REPECTABILTIY s;.
esi is paid, are likely to be affecud directly by their their actions. AND FITNESS FOR PUBLIC OFFICE.
C. Dfscfosurt About the Use of Funds. actions ar dedliors. Public servants should safrguardpub-
Public servants who raise campaign W. Campaign Cementations Prom Par- 3. Duty To Improve The System, fir confidence in the Integrity of govern.
funds with the in+mt or known PosssMl• sons Dfreclfy Affected fly Welifons. Public Public servants who believe that a law m me nt byy brln honest, fain casing
and
i,y that they will be used (or a purpose wrvanb should be cautluus about cc• policy is not achivAng Its intended pur• rr pec f d and by avoiding conduct crest-
other than direct campaign expenses re- repting campaign conmbuWexl which pas, is mating unintended harms, car is Ing he appearance of impropriety Of
Iating to a current election should oils. may reasonably be construed to affect w"tem on, inefsidem, should take Af r. which is otherwise unb efitting a public
lose their intent to the donor in order to their iudgment or actions, especially from outive steps to improve procedures in a official.
ivold arty possibilry of raising money lobbyist or other penwrs who are RWY way that will Increase the fahne+s and I. Flme" for Publlt Ones. Public I
,ndw false pretenses. to be affected directly by heir decislosse, quality of government services and ace- servants should conduct their pro("-
fo. Pesonal Relatfomahfps Wilh Persons sure that poildes An Implemented eq• stones) and peswnal by" so as to reveal
if, PRINCDsLF OF INDEPENDENT Directly A9ecled By Drc(sfou. public mr• ulubly, etBdenUy and economically, character traits, attitudes, and judpwts
OSiECTIVB iUDGMENT. vane should be cautious about accepting A. Making Changes. PubLk s"vanb that are worthy of honor as a respect And
Public Amami should employ Inde• campaign conNbutfors which nary m- should take whunvee arsons they can to demwnatrate Etna for public office.
pendent objective j ufgrnent In perform. sonably be construed to affect their Itsdg• correct problems, str"mUne procedures A, Hon"ly. Public servants should be
Ing heir duties, deciding all Duffers m mmt of actluns, especially from Iobbylm and Improve services, When desirable sm+pulovsly hmneK avoiding any form
the merits, foe from ovn(Bcss oT inter"t or other persons who an Likely to be Chang" ttt"d authority, poblk +mr• of flying, deception, devlousnesq
and both real and apparent Iteprgner affected directly by their dads" vane should promptly and forcefully donal Ad prod dieAHng in their prof"-
Auenc". recommend reform to the Appruprieb I B
lonal and p, A p publLLvic a. serves should
1. C-ONAICT OF INTEREST, Public L RECUSAL AND DISOUALLRCA• pmon or body. S. !taity A
•rvar sshouWsafeguard their ability to T1ON. Public servants should tad tak4 a.superrno/iDwIty.In order to encow- reflect personal intwly In aB matters,
make Independent, ob*yt, (air AM any public action, urAee cimaimil sea age A Mad serve of responalbLLfy for pladn8 P~' over ezped!ency and
Impartial udgmmn by scrupulously where, due to a mnfiwt In inbr.a, they both the restate and methods ofgv+~"rm derssonandrig courage of oonvidlors.
AvoWtrsg lman~a4 acacia) and Political are ram cert" that they ran do a fairly m"H action apervlaon si a ld levelop C Priotly personal Conducf. Publik ser-
reGtionshiips and wnaidtons which and oHectively. A working mvWnmmf tFus foam con- vents should avoid engaging in any con.
l may romproeilse Of 11" the appearance strtsctlve altklsm a d aeatiw prob(ros duct which is likely to bring dilit"I me
of compromidn; thek objectivity, Indt•• J. BIAS OR PAVORFMIA PubUe calvi* themaely" and the govemnsnaal uwdlea
h orsasey smants shotdd exercise the powers and in which they serve.
Ate. 1N~iclown of Ff Aaw Comoirts of prerogatives of office fully and withOUt a SMY-POLICING. Public wrvanb
Interest. public rrvann a*vt to dbclo- prejudice or favoritism. U b W+"P° to should maintain the InbWtY and ttmW' L CAMPAIGNINQ These seeking
sun of Arursdal Intes"b a pdteo en b up public authority o reward re+atlv" worthlnesa of gnvemount by taking pu4jigna bLLe on A a that ads the dtlartry
to
should comply with bqh Use titter and fiends a pobtlcal apPeefe" a o hits. whttev" steps an rte Pwuy, Including f y
WW of the regula ions and not seek to des m punbh enemies Arad opponents, reporting ImPnp" rorduct o:pprcpA• make an it whicd dolu on appropd+n
akttdamdwhkhc"nc:editongovem•
*Mventhembyev"IMstmeo"of anaud ritfee,ro~ enttheunlawful
L MTEMNNC; Oa BRIFAIF W or tm"hi al use of publw position, Au, metal and the enctlon pacer. ❑
leitabow B ,laws that of Flni Confifn. De- CONSTITUENTS AND FRIENDS- hairy of resouec",
spit laws that SMUt f ant uncial conflicts, public Mdabshould or trxmemdly y ca cau•
public ssarvarlb fhtotsld make all teawn• Hour about dime) or nairertiy irnnr• IV. PRINCIPLE OF DEMOCRATIC /TYTtAQ
Able fewhe to avoid tnanactone which meeting with rwrmtal dadslon maWny Ln• LIB Public DE SI b should hones and it- may compeomw or give the Appearwe vsstlgarory
of adjudikatlve process" of TJOWW
~.l.l
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fYA9 bt1
GROWN" NO. 41-4-17
AN OnDINANCE OF TItE CITY OP PLANO, TEXAS, AMENDING CHAPTER
P., ARTICI i" IV, CODE or comrA CT, or 191R ccDK OF ORDINANCES Or
T(IE crry (>r nANO, 'ruxASI 1014OVIDINU UTANlURDS DY CVNUUCT FDII
THE CITY'S PUBLIC OFFICIALS AND EMPLOYEES! PROVIDING
DISCIPLINARY MEASURES FOR VIOLATION Or SUCH STANDARDS) AND
PROVIDING A SEVERABILITY CLAUSE, A REPEALING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Plano, 'iexas,
upon full consideration of the matters has determined the
i
desirability and necessity of providing standards of conduct
for the City's public officials and employees and providing
discipltnsry measures for violations of such Ot andardal and
MItEREAS, on February 12, 1990s the City OoUnoil of the
City of Plano, Texas, duly passed end adopted ordinance No.
90-2.19 codified es Article IV, Code of conduct, of Chapter
f 2 of the code, of Grdine !gas of the City of Piano, Texas,
c which has been amended by ordinance No. 91-1-14 duly peeved
p
and approved by the city council- of the City'of Plana on
January 14, 19011 and
E M1tERW, the City Council of the City of Plena, Texas,
j
Orion consideration of recommendations wads by City staff,
finds and determines that certain sections of the Code of
Conduct should be revised and emended to clarify provlsiom
concerning standards of conduct for the City's public
officials on-A esployeest
NOM, Tl buWORY, BE IT ORDAINED BY Tits Cm con czzo of
TRS CM! Of PIANO# TLKJABi
ANAJW~j. Article IV ("Coda of Conduct") of
Chapter a of the Code of Ordinances of the City of Plano,
Texas, is hereby revised and amended, -such article and
sections to read in their entirety as followst
i
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5
•TitiICl.6 !V. Coue or comes=
~ rte s6 ~11GY
daclarad to um the pollly at the City that
it is hereby iris! and
rtheeappproper operation of for acs b* in~apan entt impartial that
responsible officials Co the POO Ple of the Cityt that no officer,
onsibor only
e any standing committee or board shall
sployea or member of
permit any interest, financial busin ss, transaction or
indirect, or engagement ,in any the of his activity puto conflict blic interest;. that public officeanot
of hi■ duties in the paint and that the City Council at All
be used for personal g
times shall be maintained ns a nonpartisan hodY. To
employees
Conduct efor CityilCoofu"fOlilciaddslssas
topenacttaaCode opoll
whether tiocted or appointed, paid or unpaid, to serve not
only so a guide for official conduct of the City0a Public for disalpline for who
servants, but also of a basis overriding intaraatabeing
refuse abide by its tyres, the of Piano hall of
that officers and employees the city
•
all times sys strive to ovoid Sd even the appearance
impropriety.
~ r~,,.. z yy natiniti0flt
The following words, terms, and phrases, when used in
` to them in
this reticle, shall have e the context uclearlyy Indloatos s
• this !cation, except where
E different seaningt the City,
(1) ReelafM means any person nplcyad by
including those individuals on a part-tiros basis, but ohalL
not aeon any independent contractor hired by tho City,
s any member of the City
r
i nertn.~ ar e: reap
ion o
Council and any appointed member of a board, toms sa , {
committee set up by ordinance, charter, state law or
boards, corAissions or tmror r"nomt. ary not boperating excluding those under the
boarder
direct authority of or subject to the direct control of the
city council.
means any Person elated to on officer or
MI&tJU emplo(yse within the first degree by conaanguinSty
affinity And shall Include a spouse, father, mother, son,
daughter, brother or sister.
(4) `.i ,.until means the legislative and governing
ning
bodyy of Me city consisting of the mayor and webers.
t.)
' ~h!%tAbY
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A o r, PITY XjN',r,I3IP CHART'
(~1ls r1-~y~t)
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WIC! yGi,(Li
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IIL~SItlf
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CONSANG UIIlI'TY,KIINSHIP CHART
(Blood)
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•~Len 2 ■ &War ■ of Conduct - UFICars and MINIMUM
No officer or employee of the City or a relative of a
Council sesber shalls
(1) Have a financial interest, direct or indirect, In
any contract with the City, nor shall be financisily
interested, directly or indirectly, in the sale to the City
of any land, or rights or Interest in any land, material$#
supplies, or service*
The "Unan" interest" contemplated under this
parsgraph and under section 11.02 of the City Charter
requires that the officer or employee receive an actual
i
} j
~i
financial benefit free the transaction with the City An
actual financial benefit from the transaction shall not
inciuds:
(a) An ownership in the entity transacting with the
City where the ownership interest is less than une (1)
percent.
h (b) Compensation as an employee, officer or director
of the entity transacting with the City where such
compensation is not affected by the entity's transaction
with the City.
(2) PmrtieiPate in a vote or decision on any matter in
`
which the officer or employee has a direct or indirect
financial interest or in which a relative of the officer or
employee has a direct or Indirect financial interest. It is
expressly provided herein that an investment or ownership in
a publicly hold compan in an amount lees than S1o,000 does
r not constitute ■ prohibited linenclal interest under this
Code.
(3) (a) No employes or City Council member shall
represent or appear in behalf of private interests of others
before any agency of the City or any city board, gomsission
or committee, nor shall he represent any private ..Atsrest of
others in any action or proceeding involving the City, nor
voluntarily participate on behalf of others in any
litigation to which the city might be party.
i
(b) He other officer shall represent or appear in
behalf of the private interests of others before the board,
commission or committee oZ which he is a somber, or before
the City Council or other board on an appeal from such
board, commission or,eosmittee concerning such matter.
'(4) Accept any gift or favor from any parson that
night reasonably tend to Influence him in the discharge of
his official duties, or grant In the discharge of his r
official duties any improper favor, service or thing of
value.
(6) Use his official position to •0QU 0 special
privileges or exemptions tow himself or others.
(6) Grant any special consideration, trastment or
advantage to any oiti2en, individual, business organization
or group beyond that which Is normally available to every
other aitizon, individual, business organitation or group.
This shall not prevent the granting of fringe benefits to
city employees us a rt of their contract of employment or
as an added incentive to the securing or retaining of
esployses.
(7) Disclose information that could adversely affect
the pproperty, govsrnment, or offaiKS of the Cltyt nor
dirsotly or indirectly use any information grained solely by
reason at his official position or empl nt for his own
personal gain or benefit or for the pr vats interest of
others.
(0) Disclose confidential information.
1q) f age In any outside activities which will
confl of with, or will be innospatible with his position am
on officer of the City, the duties assigned to his in his
employment with the City, or in which Ills employment iri the
city will Qlvs his on advantage over others engaged in a
similar business, vocation, or activity.
l
(10) Accept other employment incompatible with the full
and proper diacharge If hie duties and responsibilities with
the City, or which right impair his lndependunt judgment in
the performance of his public duty.
(11) Receive any fee or compensation for his services
as an officer or employee of the City from any course other
than the City, except as may otherwise be provided by law.
This shall not prohibit his performing the same or other
services for a private organization that he performs for the
City if there is no conflict with his duties and
responsibilities.
(12) While in uniform or an active duty or in the 1
course and scope of his employment, tars or appointment use
the influence or prestige of his position or title se.an
officer or employee of the City of Plano for ar against any
candidate for any elective office, but shall at all times
maintain the nonp4rtisan policy of the City, provided Oat
all officials and employees are encouraged to r ister and
vote as they may choose in all local, state end national
elections. Notwithstanding the foregoing, no officer or
em lt1so shall be prohibited from participating in any
political process solely in his or her individual capacity
as a private citizen.
(12) Knowingly perform or refuse to perform any act to
deliberately thwart the execution of the city ordinances,
rules or requiations, or the achievement of official City
progress,
(14) Use City supplies, equipment or facilities for any
purpose other than the conduct of official city business,
unless otherwise provided for by law, ordinance or City
policy.
government Engage
of a the City or thatnrsflects prejudicial
upon the ;
governteent of the city.
fotQtjon 2-ts. i feral mta~acds a/ en.duct - enueail
(1) to any zoning matter which may appear before the
City Council, any City council member wbo has a finaneiel
interest in any property within two hundred (200) feet of
the zoning request shall disclose the ox stance of such
interest to the other council members sad thereafter abstain
from voting in the natter and refrain Cron attempting to
influence the veld of smy other Council somber.
(2) Yn the event that any matter comes before the City
Council involving directly or indirectly the interest of a
present businews client/customer of any city Council eember
or the interest of a person or entity who has bean a
business client/oustomer of any Council somber within, the
prior twelve (12) tenths and funds receives by the Council
member, or the entity for which he played, rtes the
r at/present business client/customer amount to the sus of
0,000 or more in gross income during such twelve (12)
month period and such fact is known to the council member#
than that Cournail member shall disclose the existan0e of
such interest to the other council members and thereafter
abstain from voting in the matter and refrain from
attempting to influence the vote of any other Council
member.
(3) No Council member who is on the board of a
nonprofit organixation may vote on any funding request by
that nonprofit organization, unless the nonprofit
orgenisation has a board of directors or trustees appointed
in whole or in part by the city Council,
(4) with the exception of those proceedings allowed
under Section 2-103 of this Code of conduct, no Council
member shall personally appear in his own behalf before the
City Council, any City board, commission, or committee but
may designate and be represented by &.person of his choice
in any such personal matter.
P
gtogtlgn 2»100 Cimelnmalra of _Tntsrast
(1) Any officer or employyes, whether aleotad,
appointed, or hired, who has a prohibited financial interest
in any matter pending before the City, shall disclose such
interest to other members of the City Council, committee,
commission or board, of which he is a member, or, in the
case of an employes, to his supervisor and shall refrain
Eros further discussion of the matters shall not be scused in
Extoutivey Sessioni resent a d when the
not bvote ns on participate
further therein in any manner.
Sentlan z 101 Disclosure of Ran Preoerty interest
On or before Jsnasary 1 and July 1 of each calendar year
every Council member shall file ir; writing with the City
secretary on a disclosure form prepared and approved by the
city the existence and location of any real property in the
City of interest Pincluding any interefit ci one (1) a percent financial
in any wntity which has a financial interest in any real
property in the City of Plan. Said ]isdosurs shall also
include the identity and location of all reel property
within the City of Plano in which the Council member has
acquired or conveyed any interest since the filing of the
lest similar report required by this section. If a Council
member has an interest in an entity that will not disclose
to the Council member whether or not the entity has a
financial interest in real property in the City of Plano,
the council member say satisfy his disclosure requirement
urvler this Section by stating such fact in writing to the
City sraratary.
• t~ntien 2~Id~ Cam,=seta Mi►~ FAr r4*uia►fidm~,
All Mmtracts in excess of $50000 entered into by any
person, corporation or entity seeking to do business with
the City shall contain an affidavit executed by a 1eq211y
witA nixthe ordinance defineedf term to t"officer or employeee4
has or will have during the term of said contract, any
prohibited interest as defined in "06Sion 11.09 of the city
charter and the Code of Conduct Ordinance of th* City 01
on ment
Plane, The
pr hibiteedd
accantonce by thedatfimntathat~thedexistemco ofacknowledge
interest at any time during the term of said contract will
render the contract vold4ble.
w
I
i
I
PARK PLANNING ISSUES
I . -
GREENBELT / FLOODPLAIN / LINEAR PARKS
~
• PARK DONATION POLICY
• JOINT-USE FACILITIES
• NEIGHBORHOOD VS0 COMMUNITY PARKS
• CITY / CITIZEN ECONOMICS
. DEMOGRAPHICS / USER PROFILE
I
1-
i
J
I
_a CHART C2
j e
't
kN
I
I
MASTER PLAN
COMPREHENSIVE
h
• PHASE I ;
- Mapping
;G Site and Facility Inventory
- Computerized Database
• PHASE II
} - Standards and Philosophies
- Format for Assessment
I - Community / User Survey
- Goals & Visions Interviews
• PHASE III Proposal
Capital Improvement Program Prop
I
CHART CS
all
j'
j
[
COMPREHENSIVE MASTER PLAN
,
GOALS
r• GUIDE FOR DECISION MAKING
? . DEVELOPMENT TOOL
IDENTIFIES A PROCESS FOR PLANNING
i'.
• MEASURING DEVICE OF PROGRESS
1.1
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i ;
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CHART C4
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r
CHART DI
This chart titled "Facility Management Budget" is a quick overview
of the division's total budget. This budget is designed to serve
all General Fund buildings (23) and some utility buildings with
charge backs. Each employee maintains approximately 200,000 square
feet of space. In other words, each employee is responsible for
about 1167" average Denton houses.
Because of the economics and the possibility of no additional
staff, we must become creative. We must use computers to ease the
need for more staff and vehicles. We need to find other ways to
fund programs/projects besides raising taxes. We must construct
and repair building with materials that will last 15-20 years.
r We also must begin to operate our buildings and programs with
pride. We must display enough pride in staff that it overflows to
the community. Quality in all applications will help that pride to
grow into trust and Board support. along with community support,
CHART D2
This chart show all the approved bond money, its proposed use, and
whether or not it has been spent. The Parks and Recreation
Department still has money on hold for two recreation centers.
They are on hold due to the lack of. General Fund money for
operation and maintenance. These two centers and the funds to
construct the centers are issues that the Park Board and staff will
need to address.
I CHART D3
~i
These charts are designed to show a new creative method of funding
projects without impacting the General Fund budget.
1
Most of our 23 buildings are in need of repairs/renovations due to
k the lack of Quality Maintenance. We all know that Quality
Maintenanco is expensive and not possible in these economic
conditions/times,
one approach to maintenance is to use the building andlor parts of
a building until it needs renovating or replacing. Once it needs
replacing and can quality for Certificate of obligation funding (to
quality the renovation or replacement must have lifespan of 15-20
years), we can then fund the new projects by selling the
Certificates of obligations.
There were over 60 projects submitted for funding. Chart #3 shows
some of the projects that Parks and Recreation submitted. All 60
projects have not been ranked by staff or the City council. once
they are ranked, we will spend approximately $600,000 toward
reducing the project list. Many projects will remain unfunded. We
will then have to be creative and develop recommendations on how to
complete the critical projects in next year's budget.
The Denis Floor project is a safety concern and should be ranked
very high. It will probably be funded and completed this year.
s I
ii
is 1 A:
par.
I
I
I
I
h
FACILITY MANAGEMENT
BUDGET
II
STAFFING
- 4 TECHNICIANS: 100,000+ SQ.FT- PER PERSON
II,
l CREATIVE MAINTENANCE
I - COMPUTER CONTROL/SYSTEMS
- CREATIVE FUNDING
- CONSTRUCTION WITH LOW MAINTENANCE SYSTEMS
MATERIALS
-DEMANDING QUALITY CONSTRUCTION
' OPERATION OF BUILDING
STAFF PRIDE
- COMMUNITY PRIDE
- BOARD SUPPORT
CHART DI
t
t
FACILITY MANAGEMENT
CIP
' STATUS
r
1986-87
ANIMAL CONTROL CENTER COMPLETE
$186,000
I EAST RECREATION CENTER COMPLETE
$1,260,000
1987- 88
j
SENIOR CENTER EXPANSION COMPLETE
$760,000
STATUS
1988-89
F!RE STATION #6
COMPLETE
~ $600,000
RECREATION CENTER #2
$1,3009000 ON HOLD
RECREATION CENTER #3 ON HOLD
$1,400,000
LIBRARY EXPANSION PHASE I IN DESIGN PHASE
$400,000
FIRE STATION #8 IN CONSTRUCTION
APPROX. $460,000
LAW ENFORCicivIENT/COURT ,
1 COMPLEX
$29600,000 IN DESIGN/ON HOLD
CHART D2
j rt
~ Iy`t
f~
f~
1
I
1
FACILITY MANAGEMENT
BOND RENOVATION PROJECTS
« ALL DEPARTMENTS SUBMITTED REQUESTS
* 60 REQUEST TOTAL.
« 19 REQUEST SUBMITTED BY P,A.R.D
NEW DENIA FLOOR
NEW RESTROOM PARTITIONS
CIVIC CENTER RE 'OVATION
NEW NORTH LAKE) COURTS
NEW A/C CIS ~C CENTER
SWIMMING POOL SAFETY ITEMS
w civic CENTER PAINTING
-RECREATION CENTER SECURITY SYSTEMS
NETTS SCHULTZ TENNIS COURTS i
i - NEW A/C DENIA AND NORTH LAKES
NEW ROOFS NORTH LAKES AND DENIA
ENERGY MANAGEMENT SYSTEMS
f - NORTH LAKES ROOM DIVIDER
CIVIC CENTER TABLES
EXTRA CLEANING '
NEW A/C DENIA AND NORTH LAKES
NEW ROOFS NORTH LAKES AND DENIA
. ENERGY MANAGEMENT SYSTEMS
NORTH LAKES ROOM DIVIDER
-CMG CENTER TABLES
EXTRA CLEANING
i
CHART D3
i
}
I` PARKS AND RECREATION BOARD RETREAT
PARRS DIVISION OVERVIEW
i
~OgaAM DESCRIR„~I4N
The Parke Division is responsible for providing maintenance, development, and
service availability of the City's parks, recreation facilities, athletic fields,
public grounder street medianer boulevardsr cemeterieer formal gardens,
greenhouses, an well as grounds at other City-owned properties at the lot state
Hank parking area, Police shooting range, Service Center, Airport, and selected
greenbelts. These areas are maintained to aesthetically reflect community
identity, enrich the quality of life, and provide open space for leisure time
activities.
1
MAJOR DIVXhU
To provide maintenance of City parks, facilities, and properties in an
1.
aesthetically orderly manner which instills public approval,
Instills d leasing an pleasing
community pzida, and promoter community use,
2, To enhance street medians and boulevards by planting additional tshrubs, and annual =lor i3eds to beautify the City for community pride,
corporate attractiveness, and to set an example to surrounding property ;
owners.
34 To provide cemetery beautification and sarvicas pleasing to the community
at the two City-owned cemeteries.
I MAJOR- - f
11 To maintain the appearance and usability of 642 sores of parka in
scheduled class levels of Ar B, and C.
2, To maintain 33 acres of cemetery grounds and administer records par state
i regulations. provide 3. To maintain 646 acres of
r right
d stabilLzationaatocl ss 0 level,City
beautification, safety, weekly prvontive
` 4, To provide safe, functional facilities through daily/
maintenance checks and repairs to mitigate availability and liability ,
j exp0suras.
1 g, To construct athletic field capital improvements per 1996 OXP program a
j North Lakes Park.
ncnnnn MCE M AeURp~ rOR rISCAL Y;,B g~~ a9
~a 842
1. Park Aeresga Inventory 42
2. Aore,Nge Maintained at Class A Level 3136
1
3. Acreage Maintained at class S Level 176
4. Acreage maintained at Class C Level 30
8. Athletic Yields to be Maintained 646
6. Road Right-of-Way Acr!aage Mowed 29
7, Boulevard and Median Acreage Maintained 229
A. Airport Acreage Maintained 201
9, Public Properties, Greenbelt Acreage Maintained 117,2123
21
10. Plantbed Square rootage Maintained
r;
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PARKS DIVISION I
MAJOR GOALS
W,
• DEVELOPMENT AT NORTH LAKES PARK
• DEVELOPMENT AT EVERS ATHLETIC FIELDS
• RESURFACE NORTH LAKES TENNIS CENTER
• DALLAS DR. BEAUTIFICATION PROJECT
• IMPROVEMENTS AT SENIOR CENTER
• IMPROVEMENTS TO CIVIC CENTER PARK
• INSTALL 126 TREES AT FIVE PARKS
+ "RELEAF DENTON"
• PURCHASE/ INSTALL CENTRALIZED CONTROL SYSTEM
j • BEGIN CONVERSION OF MKT RAILROAD R,O,WI,
TO TRAILS
j • SPECIAL EVENTS
F
CHART E1
Y.l r r.., 1 it{
/ y
Ff
PARKS DIVISION
MAJOR ISSUES
• FACILITY USE CONFLICTS BY MULTIPLE GROUPS
>y
i
• DEPARTMENT INVOLVEMENT AND CONTROL IN
CO-SPONSORED PROGRAMS
NON-RESIDENT FEES
• FUNDING FOR NEW FACILITIES COMING ON LINE,
PARKS, R.O.W., MEDIANS, MAINTENANCE
CLASSIFICATION UPGRADES
• CONCESSIONS IN PARKS
rr 1
CHART E2
i
It
i
PARKS DIVISION
rT~ ~tFAB1]liF~ 1>7!~'TL~fl i►OR 19~-g•
l
1 i Msdlan/BBIIvd/RaN „
~ {'arks
Civlo Ctr/Downtown.., 28
.e' S~ q I
Greenhouse/Nurseries Nurseries
cemeteries
B apealal Events
' t1
Athletic Fields
11 3uprvn/Adm/Vao/Slok
New Conatruotlon
p
IN P[AO[NYAA[[ ,
i
?AOD~ V~TY
MedaM ~IvWRfyrM
civic otrloowotown
3ree0hoUre/IroaMMr ,5•.',~i;ir 20A
. w.
pelMteflN i I 'tai,(,;:
' • 9 ] AJr t
Attootlc M" dpe0lsl Eventr
New Ooroolruotlem aygrv,i/ Vr i$lok
MI !'ells
CHART E3
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ARCS DIVISION
M' PERFORMANCE MEASURES
A EA-C, UE
$I_TE T PE
' INVENTORY 542
PARK ACREAGE 30
ATHLETIC FIELDS TO BE
E
MAINTAINED 646
OF-WAY ACREAGE
} RIGHT
ROAD MOWED MEDIAN ACREAGE 29
BOULEVARD AND s MAINTAINED 201
j AIRPORT ACREAGE MAINTAINED 123
} LIC PROPERTIES, GREENBELT
PU13
ACREAGE MAINTAINED 36
CEMETERIES
PLANTBED SQUARE FOOTAGE
117,221 sf
MAINTAINED
CHART E4
f3
E~
~I
>ph
Chart 71 - mission statement
This mission statement was developed by the professional staff in
the Leisure Services Division and defines its purpose. The
statement supports the concept that part of the division's purpose
is to provide eguitalz]Q access which allows for variations in
funding and other resource allocation according to the needs,
interests, and of those served.
Chart F2 - Leisure Services Delivery System
The leisure service delivery system is multifaceted and operates
within the confines of multiple facilities and program areas.
Although each part of that system functions independently, much
like the tentacles of an octopus, they also operate in tandem and
in unity to deliver a quality service. how Togeer itthe sstem
s service
addresses the who, what, when, wM.e, why, and
delivery.
Chart 13 - Leisure Services Division Goals
These goals identify those areas where advice and recommendations
are sought and needed from the Park Board before final decisions
are made or implemented. other goals may exist that support the
division's mission but are considered to be internal issues and
concerns,
Chart 76 - Issues and Philosophies
1 The issues facing the Leisure services Division and accompanying
philosophical positions may be grouped into four major categories.
These include customer service, resource allocation, accountability
and economic perspective.
Chart 16 and 76 - Performance Measures
These charts identify the workload and productivity measures for
process
p
the Leisure Services Division adopted during the budgetary
for Fiscal Year 1991-92.
Chart Yti - Clubs and Advisory Boards
The Leisure Services Division co-sponsors many advisory boards,
community groups, and organizations that provide leisure programs,
and support leisure leisure services division oprovides sfree meeting and activity space.
chart Pe - Leisure ]Interest Groups
The Leisure Services Division works cooperatively with many leisure
interest groups in facilitating access to leisure pursuits.
able to
Through
maximize the benefits for the community through cooperative gofforts.
tt
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ICES OVERVIEW
LEISURE SERV
MISSION STATEMENT
TO PROVIDE EQUITABLE ACCESS
TO QUALITY LEISURE SERVICES,
ANIS, AND OPPORTUNITIES
PRaGR
THAT MEET THE NEEDS, INTERESTS
AND DESIRES OF THE CITIZENS
OF DENTON.
CHART F1
p1r q
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I
LEISURE SERVICES
.
DEOVERY SYSTEM
y
e0% 0
sec a~~On O `a
< 00
Lak
` arm o~
601
P
M -1 N w
p Q o'
Center
U '
v
G~ Z~ Golf as R e
)N
j ap c c
w u
a ~
CHART F 2
Av it y If Vl,' "I
31
r. f a
LEISURE SERVICES DIVISION
rti GOALS
1. PRIORITIZE ALLOCATION OF PHYSICAL, FISCAL
AND HUMAN RESOURCES TO ADDRESS
CONFLICTING INTERESTS AND DEMANDS.
ETERMINE MANAGEMENT CONTROLS AND
2. D
GUIDELINES FOR CO SPONSORED GROUPS AND
i ORGANIZATIONS.
SUPPORT TEXAS SPECIAL OLYMPICS THROUGH
3. ?
THE IMPLEMENTATION OF THE SPECIAL EVENTS i
UNCTION.
EXPAND HOURS OF OPERATION AT RECREATION
f
4. E
CENTERS
6. EVALUATE PERCENTAGE OF COSTS 70 BE OFFSET
BY REVENUE FOR EQUITABLE SERVICE DELIVERY. `
MPLRTE FURNISHING OF SENIOR AND MLK# JR.
CO 3
CENTERS.
OR
INE USE OF BOND MONIES APPUOTION OF TWO DETERM ;
CONSTR RECREATION CENTERS-
-CHART F 3
y
ISSUES AND PHILOSOPHIES
FOCUS
W
Customer service
Customer satisfaction with leisure aorvios delivery a
priority.
Expansion of! needs assessments and evaluations.
i
y gesource Allcoation
Marketing Plan to determine boat allocation of physical,
fiscal, and human resources#
increase effectiveness and efficiency for greater return on
investment.
Development of partnerships and co-sponsorships for enlarged
leisure opportunities.
Conflioting interests in demand use and manner of service
' delivery.
Cannot be all things to all people - determine market
position.
Accountabil v
Reassessment of performance measures.
7 !
Internal review of processes and procedures.
Recreation yund self-supporting.
Greater expectation for revenues to offset costs.
Sconomic Pgrapeotive
Repeated cycle of justifying value of mission.
status quo in financial support whilo costs and service
demands increase.
AJJ0000
r.
CHART F4
i
1 i¢
C•
( SERVICES DIVISION
LEISURE
PERFORMANCE MEASURES
W R LOAD MEA US f
27,1
Worker Years 18
Facilities programmed 20
Program Areas 40,000
Program Hours tlons 350000
Total Hours of opera
14,000
Activity Participation 30,004
Special Activ/Events Part. 710,000
1,500
Facility User Hours s
Activities Offered 3 i0
1,250
Special Actlvltlss/Events ?
00-Sponsored Activities 105
Rentals 350
inform/Promo Literature 52
Promotional Act/Events 1,200
Staff Development Hours . 26,000
Volunteer Hours 66,723
Rev Generation" General Fund 4$0,500
Rev eeneration° Rec. Fund
3
CHART F6
1
{9
I i D
ivisloN
SEFIVICES
LEISURE CE MEASURES
RFORMAN
PE
CTIVITY iVIEA`' RES
PR 66°l0
ented
Programs Implem 4
~/o of 5%
% of Registered Retention
re Hour 24.0
Dept. Cost per Proprogram raHour 1.50
Participant Cost / % of Participation Generated 70°l0
Through Marketing Activity 1,7fi°I°
% of Refunds
% of Budget Supported 37°10
Through Revenue"
CHART F6
1
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1 ~l
LEISURE SERVICE
CLUBS/ADVISORY BOARD
AUTOHARP CLUB
BOY SCOUTS OF AMERICA
CAMPFIRE CLUB
THE CELTIC DANCERS
r DAMUG (DENTON AREA MACINTOSH USER'S GROUPS)
DANCE CLUB
DENTON AREA MODEL RAILROAD
DENTON AREA WOODSCRAFTSMAN & ARTISANS GUILD
DENTON COUNCIL OF GARDEN CLUBS
DENTON COUNTY AMATEUR RADIO ASSOCIATION
DENTON COUNTY PEDALERS
DENTON JUGGLERS ASSOCIATION fi
NORTH TEXAS AEROMODELERS
DENTON ORCHID SOCIETY
4-H CLUB
GIRL SCOUTS
SENIOR CITIZENS DOMINO CLUB'
DENIA ADVISORY BOARD
DENTON SINGLES
FITNESS ADVISORY BOARD
MLK CENTER
MARTIN LUTHER KING, JR. ADVISORY BOARD
CHILDREN'S PROGRAM ADVISORY BOARD
NORTH LAKES NEIGHBORHOOD ASSOCIATION
OUTDOOR NATURE ADVISORY BOARD
SENIOR CENTER ADVISORY BOARD
SENIOR DANCE COMMITTEE
TEEN ADVISORY BOARD
CHART F7
i
3.... F 3 `4
r 'R
LEISURE INTEREST GROUPS
ARTS - ORGANIZATIONS
GREATER DENTON ARTS COUNCIL
DENTON COMMUNITY THEATRE
DENTON CIVIC BALLET
DENTON COMMUNITY BAND
ARTS - EVENTS
DENTON ARTS FESTIVAL
JUNETEENTH
CINCO DE MAYO i,
HOLIDAY OF LIGHTS
ATHLETICS
DENTON TENNIS ASSOCIATION f'
DENTON YOUTH SOCCER ASSOCIATION
DENTON YOUTH FOOTBALL ASSOCIATION
DENTON GIRLS' SOFTBALL
DENTON BOY'S BASEBALL
DENTON AREA LITTE LEAGUE
ATHLETICS - EVENTS
SPECIAL OLYMPICS
f PROFESSIONAL ORGANIZATIONS
TEXAS RECREATION AND PARK SOCIETY
TEXAS AMATEUR ATHLETIC FEDERATION
NATIONAL EMPLOYEE SERVICES AND
RECREATION ASSOCIATION
METROPLEX REGIONAL COUNCIL
CHART F8
i . rsryta:k
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1
I
1
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II i
i
PARK PLANNING GOALS
l . LONG RANGE PLANNING
Complete Phase
f Comprehensive Master Plan
• SHORT TERM PLANNING
1
-Evers Irrigation
Civic Center Park Improvements
SITE DEVELOPMENT
.t ,
North Lakes Construction
..i
OMMUNITY INVOLVEMENT
C
- Township 11
{
CHARY G1
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4
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W
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N IssU
APLANNING
PRK ES
j 1
1
/ FLOODPLAIN / LINEAR PARKS
• GREENBELT
DONATION POLICY
PARK
Ild
T~USE FACILITIES
JOIN S
i • NEIGHBORHOOD VS. COMMUNITY PARK
i
CITY / CITIZEN ECONOMICS
/USER PROFILE
DEMOGRAPHICS
CHART G2
i
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i
III .91
KS DIVISION
PAR
MAJOR GOALS
VELOPMENT AT NORTH LAKES PARK
DE
• DEVELOPMENT AT EVERS ATHLETIC FIELDS
• RESURFACE NORTH LAKES TENNIS CENTER
• DALLAS DR. BEAUTIFICATION PROTECT
• IMPROVEMENTS AT SENIOR CENTER
I• IMPROVEMENTS TO CIVIC CENTER PARK
• INSTALL 126 TREES AT FIVE PARKS
1 • "RELEAF DENTON" STEM
• PURCHASE/INSTALL CENTRALIZED CONTROLS i
t
1 . BEGIN CONVERSION OF MKT RAILROAD R.O.W.
TO TRAILS
1 • SPECIAL EVENTS
CHART G3
5
' µgSi `,RPI1r•
ICY
m,I
PARKS DIVISION
MAJOR ISSUES
FACILITY USE CONFLICTS BY MULTIPLE GROUPS
,f
f DEPARTMENT INVOLVEMENT AND CONTROL IN
COSPONSORED PROGRAMS s
• NON-RESIDENT FEES
FUNDING FOR NEW FACILITIES COMING ON LINE,
PARKS, R,O.W., MEDIANS, MAINTENANCE
CLASSIFICATION UPGRADES
• CONCESSIONS IN PARKS
j
CHART G4
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I fAP,tiX
I
I
LEISURE SERVICES DIVISION
GOALS
1. PRIORITIZE ALLOCATION OF PHYSICAL, FISCAL
AND HUMAN RESOURCES TO ADDRESS
CONFLICTING INTERESTS AND DEMANDS. {
2~ DETERMINE MANAGEMENT CONTROLS AND
GUIDELINES FOR CO-SPONSORED GROUPS AND
ORGANIZATIONS.
3. SUPPORT TEXAS SPECIAL OLYMPICS THROUGH
THE IMPLEMENTATION OF THE SPECIAL EVENTS
FUNCTION.
4. EXPAND HOURS OF OPERATION AT RECREATION
CENTERS
S. EVALUATE PERCENTAGE OF COSTS TO BE OFFSET
BY REVENUE FOR EQUITABLE SERVICE DELIVERY.
6. COMPLETE FURNISHING OF SENIOR AND MLK, JR.
CENTERS.
7. DETERMINE USE OF BOND MONIES APPROVED FOR
E CONSTRUCTION OF TWO
ti
CHART G5
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1
1
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LEISURE SERVICES OVERVIEW
ISSUES AND PHILOSOPHIES
j CUSTOMER SERVICE
• RESOURCE ALLOCATION
• ACCOUNTABILITY,
I • ECONOMIC PERSPECTIVE r
IJ
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CHART G6
1 u'.y.pr. •1,'y
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ADVISORY BOARD
ISSUES TO ADDRESS
REGULAR COMMUNICATION WITH COUNCIL
RESEARCHING COUNCIL RECOMMENDATIONS
DEVELOPMENT OF GOALS
DEVELOPMENT OF MISSION STATEMENT
` DEVELOPMENT OF A LONG RANGE
j MASTER PLAN DEVELOPME
NT OF PHILOSOPHIES
j CITIZEN INPUT / PARTICIPATION /
ATTENDANCE AT BOARD MEETINGS
ROLE OF BOARD AS CO-SPONSORS
WITH CO-RECREATION GROUPS rl
~BOARD PARTICIPATION IN REC CENTER
ACTIVITIES
DEVELOPMENT OF STAFF REPORTS
TO ADVISORY BOARD
S
IDENTIFY FUTURE NEEDS
IDENTIFY DEMOGRAPHIC CHANGES
~ NETWORKING WITH OTHER
SURVEY
DEVELOPMENT OF
1
k
CHART H1
as
µa : tra-nen?
i r
l)'' IifLS'61.G7
( ft
I
I
ADVISORY BOARD
{
` OBJECTIVES
PROVIDE A VISION
REPRESENT CITIZENS
SERVE AS LIASON FOR CITIZENS / STAFF / COUNCIL
BECOME ADVOCATES FOR PARKS AND RECREATION
i
REPRESENT SPECIFIC NEIGHBORHOODS / POPULATIONS ;
INCREASE INVOLVEMENT / USE / AWARENESS
PROMOTE RECREATION AS ESSENTIAL TO LIFE
' PROVIDE OPPORTUNITIES IN ATHLETICS FOR KIDS
DEVELOP PHILOSOPHIES FOR DELIVERY OF SERVICES
EVALUATE CURRENT PROGRAMS
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CHART H2
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CITY OI DENTON, rl1XA~ MUNICIPAL BUILDING / 275 E. MCKINNEY / DENTON, TEXAS 76201
r
MEMORANDUM
DATE: December 9, 1991
TO: Lloyd V. Harrell, City Manager
FROM: John F. McGrane, Executive Director of Finance
SUBJECT: 1992 CIP FUNDING
A preliminary review of the debt issuance for the Capital
Improvement Program has been completed. The outlook for CIF
funding has improved because of the action taken by the City of
not issuing new CIP debt for the past two years. Attached as'
{ Exhibit A is a schedule of existing debt service on current
outstanding G.O. Bonds, As you can see, the total payment in ,
1991-92 is $5,488,704 and this decreases to $5,007,434 in 1992-93.
If the tax base for the city remains the same, or increases, then
an additional amount of debt could be issued with no effect in the
debt service portion of the tax rate. i have also included
Exhibit B which shows the amount of 1986 authorized bonds that
have not yet been issued. As you can see from the exhibit the
` total unissued amount is $10,922,000.
{ There is now some flexinility for a sale of bonds. The suggested
amounts to be sold in early 1992 are as follows
e Streets $11500,000
• Drainage 938,000
e Airport (CO's issued as
a match for FAA
grants) 137.000
TOTAL $2,575.00
it is also recommended that since there are sufficient funds from
previous sales to allow for proceeding with the drawing of
architectural plans for the Library and Law Enforcetaent Centers
that those proceed accordingly. it may be possible to issue the
remaining $575,000 and $2,400,000 respectively either in late 1992
or early 1993.
8171566.8200 D/FW METRO 434.2529
~Ar,r iL$y~Y.t
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Memo to Lloyd V. Harrell
December 9, 1991
Page 2
Also, from Exhibit B, you will note that there is still is
$1,400,000 still to be issued for a second recreation center and
in addition, there has been a previous $1,300,000 issued for an
additional center. It would be our recommendation to allow the
Parks Board to proceed with their discussions and public hearings
on the possibility of the utilization of those funds.
If you have any questions, or need any additional information,
please advise.
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Attachments
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AFFOOODF
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Exhibit A
CITY OY DENTON - DEBT SCHEDULE
s
Fiscal Year OUTSTANDING
i (9~301. 9. 0. BONDS
1991/1992 $ 51488,704
1992/1993 5,007,434
1993/1994 4,4021481
k 1994/1995 319610031 t
1995/1996 31829,846 '
1996/1997 3,536,836
1997/1998 219880873
1998/1999 2,8581593
1999/2000 2,494,600
2000/2001 2,151,488
2001/2002 21039,153
2002/2003 11931,603
2003/2004 1,593,863
2004/2005 780,763
i 2005/2006 732,663
2006/2007 6''71700
2007/2008 4390000
2008/2009 213.000
TOTAL 9.127,631
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~ih". Y?Siti!41(J
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w Exhibit B
r
AMOUNT OF BONDS AUTHORIZED BUT UNISSUED
• Streets $4,732,000
• Drainage 11365,000
• Library 575,000
Law Enforcement 2,400,000
• Athletic Fields/Neighborhood Ctr.
Rec Center (1.4M)
Athletic Fields (450,000) 1,850.000
.r~
TOTAL $10.922.000
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M aster elan
R eport
P~
1991
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CORGAN ASSOCIATES ARCHITECTS'
,y (Ma
1
5 Noveber 1991
Denton City Council
City of Denton
321 E, McKinney
Denton, Texas 76201
1
Re: City of Denton
Dear Council Member;
We are pleased to submit this final space/master plan report to the
City of Denton showing agencies and building locations for all city 1
facilities, Previously, we have submitted to the City;
1, City of Denton space standards
21 Analysis of existing City Facilities .
If 3. Space requirements report (showing 1993, 1996,
2001, 2006 projections)
1
The final deliverables included in this report are; 1) analysis of
existing facilities; 2) summary of the space requirements report 3) 1
proposed phasing for each agency/department affected; 4) existing
locations of agencies/departments; 5) master plan recommend d
agency/department locations; 6) agency moves by phases; i
cost projections, t!
The cost projections enclosed are divided by the proposed phasing i
plans. The recommended agency/department locations are [
included with color coding indicating each agency, Phasing is also
included for each agency, The summary of the space requirements i
reports includes all space requirements for each city facility,
We have met with all the user groups/agencies and this master plan i
represents concurrence with these proposed recommendations. We {
have rigorously attempted to reconcile any agency differences on
locations, square footages, or plan configurations. We believe these ce9aeA,{Ma1e5n{~h~e~,
recommendations make the best use of the existing facilities and
are cost effective, The enclosed locations and costs have been r0l Elm st'CQt
reviewed with the City of Denton Executive Committee and Space soon son
Committee. Dallas, iaaas 16702
Tel 714 148 2000
2a{2146598701 <<.
{9
ntchitc{1me
R7
Spaco Phnniug Rnloiloi OusVRnloiloi OusVg
91030I8dII7AL8 Masior P!amnlnq t'
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laity Council 2
ober
1991
c9en-'
We very much appreciate the opportunity of working on this project
for the City of Denton and are extremely pleased with these final
recommendations. We look forward to the opportunity of
continuing to serve your needs. We are pleased to answer any
questions you may have and look forward to discussing this in more
detail with you.
Very truly yours,
t ye S +L%rH J ~Ll 1 1 Lt
Principal
Enclosure !
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I
City of Denton Master/Space Plan
t0 y 05" TABLE OF CONTENTS
1 r Preliminary Phasing of Space/Master Plan
i a. Goals and Assumptions
b, Executive Summary of Space/Master Plan 3
c. Graphic Plans (Foldouts)
td • Existing Buildings (1) t
o Existing Agency Locations (2)
• Proposed Agency Location (1)
1
p pC~~ 2r Preliminary Phasing Table and Costs
a. Agency Phasing/Moves
b. Construction Cost Projections $
3. Building Analysis of Existing Facilities
f
4r Space Standards/Requirement Report
ar Summary of Space Requirements
b. Space Standard Comparison Report
i
1
7
City of Denton Master/Space Plan
als;
• All city agency space needs were to be accommodated for the next 15 years,
through 2006.
• Vacate all current city office leased space. All city agencies and departments
were to be accommodated in city owned facilities.
• All city offices are to be removed from the Civic Center, allowing the Civic
Center to be totally available for conference space and event rental.
• Evaluate and determine best utilization of the Moore Building, (The Moore
Building is available for city use without the cost of new "shell building" c
construction.)
su tigns~
• executive Directors and some agency heads, (i.e. Utilities, Finance, Planning j
` and Development, etc,) can be located separate from the remainder of their 5
f organization.
• Current Central Fire Station can be vacated /demolished, If desirable to allow '
additional parking space near Old City Hall, i`
• No provisions are to be made for new land fill operations beyond 1993.
1
• Current Traffic Control Building can be vacated/demolished; if desirable.
• Any new Airport Facilities will be planned and constructed at the Airport when
required. (These are not to be included in the space/master planning
i
1
1
t
1 's
to
Executive Summary
City of Denton Master/Space Plan
The enclosed master/space plan (through 2006) recommends that City Hall become an
Administration Center, which would include Economir; Development, City Council and
Chambers. Therefore, all city executives are accommodpted within the existing l, bul`iilldinge.
All {
located in other structures (i.e. Old City Ha
All public interaction agencies are
Building, etc.) to maintain the existing size of the City Hall budding, requiring no major
modifications to the building or site.
The Old City Hall (current Police Station) becomes a Development Center for Planning,
Development and Engineering. The building also accommodates Building Inspection,
e\- ky Community Development, Main Street, Code Enforcement and Fire
' Admini stration/Traini ng. This centrally focussed structure is not only visible and
historically significant, it stands as a public expression of the City's past and future
r
development. ,
The Service Center becomes a new Municipal Building/City Hail Annex,
accommodating Central Stores, Purchasing Administration, Traffic Control, and Streets
Construction/Patching. By cleaning up the site and improving the public image, the
Municipal Building can well serve the needs of these city agencies.
The master/space plan also calls for the Moore Building to be utilized for Police,
Courts, Information Services, Personnel, Customer Service, Cashiering and Tax functions.
The building is remodeled and converted to include these agencies and their growth
projections through the year 2006.
A new Utility Building/Service Center is to be constructed (approximate)y996 S) to
accommodate the Utility department needs, a relocation of a portion of Central
j (associated with utilities) and the Garage and Machine Shops.
~vantagesi
All city facilities, (including all new proposed construction), retain some percentage of
space for future expansion, and there is a minimum amount of new construction,
Customer Service, Tax and Cashiering are located independent other city
public oriented and this separation
functions. These advantage
agencies are
n
can be for the more non-public functi ons of the city. The City Hall is retained as the center for
administration. Other public functions, as mentioned, are located in near adjacent
structures. All development functions are located in one building (separate from the
administrative City Hall) and yet are convenient and visible, in the Old City Hall.
Electric and Water Utilities agencies are located together with community services at the
new Utility Building. The portion of Central Stores related to utilities is located at the
new Utility Building for access and efficiency. The City Garage and Machine Shop are
located near the service areas at new Utility Building (allowing the new Municipal
Building to project an appropriate public appearance.)
In summary, the proposed master/space plan 1) makes full utilization of all existing City
structures; 2) vacates all outside lease space from City obligations; 3) allows rentals and
conferencing to occur at the Civic Center; 4) utilizes the unoccupied Moore Building; S)
groups City public interface agencies separate from non-public functions; 6) minimizes
new construction (including negatively impacting City Hall and its attractive site); and
lastly 7) the plan allows and anticipates orderly, logical growth, without over crowding or
inappropriate physical location and adjacencies of City agencies.
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Existing Buildings
t City of Denton Master/Space Plan
The following sheet graphically illustrates the existing City buildings,
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Existing Agency Locations
City of Denton Master/Space Plan
Ile following sheet graphically iilustrates the existing City agency F
locations. (and existing buildings)
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City of Denton Master/Space Plan
The following sheet graphically illustrates the proposed City agency
locations and the buildings affected.
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CITY OF DENTON al,u..- U 2 l GC-4
Construction Cost Projections Over Phases Z.~ (1
(Does not include data processing move)
Option 01A
1993* 1996* 2001*_
000 $ 366,400 $256,400
Moore Building $2,264,159 $ 991.,
,000 $ 39,000 $ 50,000
22
old city Hall $ 157,000 $
2 ,000
--3
New Utility Building $3,763,000 1,906,000 -10'60-
Municipal Building 28,000 $ 26,040
ro Existing Service center $ 15,000 104,000 $
j $ 11,000 - ~ - $ ^6,000
Existing City Hall
sr~
$ 29,000
Civic Center
Conference Conversion -
i r
Demolition of Old $ 5,000
Traffic Control Building
}
$ 628,OUO
New Garage and + 404,000
L
Machine Shop @ Util. Bldg.
j Subtotals $2,436,159 $5,952,000 $2,346,040 $366e000
$11j100,159
Total
ear.
*Escalation added at a construction inflation rate of 6$ per y r
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1 Analysis of Existing City of Denton Facilities
City of Denton MasterApace Plan
Pu►~tosc
t
The purpose of this report is to briefly document various analyses and evaluations of the
City of Denton existing buildings, Th^se evaluations are not an exhaustive research,
review or analysis of existing facilities, but rather are general surveys and order of
magnitude evaluations that were used to develop and refine recommendations for the
i overall master plan. Additionally, they provide additional facility information for future
project programming.
IntroductlQn
i
The City of Denton's municipal buildings represent a wide range of age, style, and
condition. Therefore, a building-by-building basis is the best method to develop a
comprehensive analysis of this group of buildings. In this analysis, each building has been
evaluated with a view toward its unique characteristics and the effect of those
l characteristics on the continued use of the facility,
t
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.S Method of Report Development
Our evaluation method considers the following aspects for each building;
A. Configuration, area and public access,
B. Building, Fire and Life/Safety Code concerns,
C. Flexibility within the existing structural framework,
D. General condition of the building spaces and materials.
E. Mechanical and Electrical systems,
A report format has been developed to describe information on each building such a j
building code types and occupancies, The report also compares key areas ill ach s
building against current development and building codes, In this comparison, existing
conditions are identified which may fall short of the current codes.
3 Sam Toub and Associates Inc, performed a general visual inspection of the mechanical
i and electrical systems at each of the City's buildings, The purpose of the inspection was
to identify the type of mechanical and electrical systems serving each facility as well as
the general condition based on it brief visual inspection and conversations with
t maintenance and operating personnel, when possible and/or practical, This mechanical
and electrical survey did not address in detail code violations, fire protection or life
j safety considerations. The adequacy and quantity of plumbing fixtures as well as the
condition of the sanitary sewer system and domestic water systems were also not s
included in this survey.
The following existing structures were surveyed {and a summary report of each is
inciuded};
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v • Analysis of Existing City of Denton Facilities
Nfunielpal Building and I3otivntown Complex
UONV'N'1'OWN COMPLEX 4
The City Hall, constructed in 1968, designed t acco odate eventually 3 stories with
approximately 65,000 square feet, now comprise 35,000 , care feet. Arranged around a ;
U-shaped landscaped courtyard this facility contributes a thetically to the city's Image but
has limitations for future one story additions with ' ' cation on a flood plain as well as
i parking limitations due to the current intensity of use,
y CODE: Exiting requirements are well fulfilled in this building however exit signage is often
obscure or non existent and a second exit from the basement possibly brought up from a
} stair in the courtyard, is a critical priority, Also currently no fire detection or suppression
system is currently employed. Handicap access is adequate except o the basement level,
The bathrooms, however, do not provide for the handicap requirements. The building is
also without a security system,
j STRUCTURE: A regular structural grid of cast in place columns provides a flexible
arrangement for future planning.
BUILDINr' CONDITION: Maintenance in general has been excellent although the
building is currently over burdened in capacity, The roof has recently been replaced and
is in good condition, with a 15-year warranty. The lighting in the hallways and council
E chambers has also just been upgraded,
SENIOR CENTER: The Senior Center, recently renovated and ae..ded onto in 1990, is
located adjacent to the City's downtown complex and comprises 16,400 square reet.
I~ CODE: Handicap access, in regard to its users, is amply covered both in access, including
j hallway handrails, and in restroom provisions. The building is equipped with a fire detection
and alarm system and is fully sprinklered. There is no security system.
STRUCTURE: The facility is a simple steel frame system with brick veneer exterior walls.
Drainage is provided by scuppers through the parapet
€ BUILDING CONDITION: With its recent renovation, the Senior Center is in excellent
shape except for a roof leak problem located along the east wall of the Domino Hall, This
problem has led to the damage of ceiling tiles and wall finishes and is probably caused by
{ a flashing problem at the roof pop-up that occurs in this area over the domino hall
CIVIC CENTER.- This domed multipurpose hall of 20,000 square feet serves as a recreation
center, meeting hall and as the central offices for the Parks and Recreation department.
The building was originally constructed in 1966 and the main public spaces have been fairly
well maintained over the years, The offices, however, are in a run down condition and may
require new finishes, Lighting levels in many areas of the building are inadequate. The
maintenance in the restrooms needs improvement and could require a complete renovation
The roof coating will also soon need to be upgraded.
2
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CODE: This facility lacks a sprinkler system or fire detection and alarm system and in
some areas, lacks adequate exit signage, Exiting requirement, however, are fulfilled.
Handicap access is possible although inconvenient and the restrooms are not properly
equipped for the disabled,
STRUCTURE! The hall utiii. es a cast in place radiating column system with a steel bicycle
truss for the dome allowing for a continuous clerestory around the hall providing a very
pleasant natural lighting condition.
EMILY FOWLER LIBRARY. This 22,000 square foot building is part of the city's
downtown complex that offers a pleasing, casual public center with outdoor trellises and an
? indoor planted courtyard,
CODE: There is presently no fire detection alarm or suppression system although the
k exiting rsqui:ernents for this building type at this size seem to be fulfilled. The facility is
l convenient in its handicap accessibility with a ramp to the adult level recently completed.
„ '1'h r r r r i
s The est ao ns are also handicap compliant, but are poorly lit
,
STRUCTURE; The building has a system of cast in place concrete columns and beams
with exposed heavy timber joists and a tongue in groove exposed wood roof deck. i
BUILDING CONDI'T'ION: The carpet is worn and torn up in the main circulation desk
area and entry, but thu rest of the building is in very good shape. The City will soon have
to replace the roof.
ti t
MECHANICAL: The central plant consists of two (2) reciprocating multi-compressor (4
each) Carrier chillers. One is 160 tons, the other 120 tons. Each chiller is served by its own
I chilled and condenser water pumps. Cooling towers (2) are Marley with louvers removed.
All condenser water piping has been replaced with PVC, Chilled water piping is direct
buried and distributes to the Civic Center, City Hall, and the original Library wing, Both
chilled and condenser water systems have chemical treatment. A central direct digitalp
control (llDC) system supervises the operation of central plant and buildings served. Main
switch board is Federal Pacific 277/480, 3 phase, 4 wire of 1600 amp capacity, dated 1967.
Central Plant appears to be in excellent condition with ample capacity,
{ (TIT IIALL: The central plant supplies chilled v,,ilcr to multiple Trane multi-zone air
{ handling units and several neer single zone units. Heating was originally by strip electric
f heaters in the zone ducts. This heating system was removed and replaced by a gas fired hot
water system. I-lot water coils were installed in the zone ducts and three (3) Raypak naU,rral
draft boilers installed on the roof, I-lot water piping, where weather exposed, is freeze
protected. The Trane multi-zone air handler;, clue to age, are in fair to poor condition,
especially control dampers. All nuilti-zone units have outside air economizers.
The basement telephone (911), is served by a Liebert computer room a/c r;iit and two (2)
1 small split systems. There is in original water chiller in the odja%sr,t basement area which
is presently not used and is not operable.
The electric service has been recently replaced and switchgear is located on roof, E=lectric
systems from branch panels to their loads need to be upgraded to handle current demand.
Air conditioning controls are DDC controlled by a central computer,
There is 100 KW diesel emergency generator in the basement.
j
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won 2-107. Coielelnt. aga...r a
PgggwUraft
All complaints or allegations of a violation of this
Code of Conduct against a council member shall be made in
writing, sworn to belore a notary public, and tiled of
record with the City Attorney. Such complaint shall
desorl?>n In detail the act or acts complained of and the
speciiie section(s) of this Coda of Conduct alleged to have
been violated. As determined by the C,lty Attorney, a
general complaint lacking In detail shall not be sufficient
to'invoke the investigation procedures contained herein and
anonymous complaints shell not be considered.
Within three (7) business days after receipt, it shall
be the duty of the (,ity Attorney to make the initial
determination/evaluation of the complaint as to whether or
not the facts alleged, it true, would at lace value
' constitute a violation of this Code of Conduct, it it is
determined by the city Attorney that the facts ad alleged
would not constitute a violation, than in accordance with
the notice requirements of the Texas Open Meetings Act, the
City Attorney shall present a written report describing In
detail the nature of the complaint and the findings of the
City Attorney to this City Council at its next regularly
scheduled meeting. A majority of those council members not
implicated by the allegation(s) may ether invoke the
nvestigatory procedure contained herein or reject the
complaint. Any vote to reject the complaint shall be in a
public hearinq called for tint purpose.
If It is determined by the City Attorney that the facts
as alleged could constitute a violation of this Code of
Conduct, then the City Attorney shall, within three (3)
business days after receipt of the complaint, notify ,the
Malror and council of the existence and nature of the
complaint, The Mayor or any two (2) members of the Council
may eeuse a meetinq of the council to convene, whether
reegqular or special, within three business days after
belriq so notified by the City Attorney to further consider
sald complaint in executive session. At said meeting, the
Olt), Attorney shall present a written report to the Council
describing in detail the nature of the complaint and his
findings and conclusions as to ■ possible violation of this
Code. In any event, within two (2) business days after the
renderinq of said report, the City Attorney shall select and
appoin` an independent private attorney to fully Investigate
the allond improprieties, Said attorney shall be selected
from a ~ist of five (S) attorneyys appointed by the City
cbuneil for then purposes on or before January is of each
calendar year and shall have all of the goers of
Investigation as is given to the city Council by reason of
section 3,13 of the Charter of the City of Plano, The
investigating attorney shall'report back to the Council in
writing as soon as possible but in no event more than
fifteen (15) calendar days from the day of appointment
unless an extension is granted by a sajority of the eligible
council msabers. said report shall be eorprehensivs and
explain in detail all facts, findings and Conclusions in
support of the attorneys opinion as to whether or not a
violation of this code of Conduct occurred.
The council shall consider the findings of said report
at the meeting at which it is presented at which time the
person(s) accused shall have the right to a full' and
complete hearing with the opportunity to call witnesses end
present evidence on his behalf. No final action, decision
or vote with regard to any matter shall be made except in a
meeting which Is open to the public.
I
i
' ~ 1 lfl4 o7a lane - Cotinail 1tealnsY'd
The failure of ■ny City Council member to comply with
or who violates one (1) or more of the standards of conduct
in this article, which apply to him, shall constitute
grounds for reprimand. Such reprimand shall require a two-
thirds vote of the eligible council members. Offenses
in accordance with the terms of the City harter, an
amended.
fey*len 2 ln~ Casol ~ Offiaare Other
rou a 1 M ~~rm,~~roaeduraf
(1) All complaints or allegations of a violation of
council Conduct against shal l an
made sin of
writing i tsworn to
this than a Code of
before a notary public, and filed of record with the City
Attorney of the City of Plano. Such complaint shall
describe in detail the act or tots complained of end the
specific seation(s) of this Code of Conduct alleged to have
bean 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.
'Within three (3) business days after receipt, it shall
be the duty of the City Attorney to make the initial
determination/evaIL-lit ion of the complaint as to whether or
not the facts alleged, if true, would at face value
constitute a violation of this Code of conduct. if it is
determined by the City Attorney that the facts a■ alleged
would not constitute a violation, then in accordance with
the notice requirements of the Texas Open Meetings Amt, the
city Attorney shall present a written report describing in
detail the nature of the complaint and the findings of the
City Attorney to the City Council at its next reqularly
scheduled meeting. At that meeting the city council may
either invoke the investigatory procedure contained herein
or rejoat the complaint, but onY vote to reject complaint shall be in a public hearing called for that
purpose.
it it is determined by the city Attorney that the foots
as alleged could constitute a violation of this Code of
Conduct, then the City Attorney shall, 'within three (7)
business days attar receipt of the complaint, notify the
Mayor and Council of the existence and nature of the
complaint. The Mayor soy tCou(2)il etae m o the wh ncil
may cause a meeting of the regnular or special, within three (3) business days after
beeing so notified by the City Attorney to further consider
said complaint in sxacutlve Session. in any event, the City
Attorney shall immediately proosed to tu~y s i vinvest estilgitione
alleged improprieties. for purposes of ! era of
the City Attorney shall have all of the pow
investigation as is given to the City Council by reason of
section 3.17 of the charter of the City of Plano, and shell
report back to the Council as soon as possible but in no
avant more than fifteen (19) calendar days from the date of
notification of the Council unless an extension is granted
by the City council. said report shall be comprehensive and
explain in detail all facts, findings and conclusions in
surt of olation of t this attorney's Conopinion as to duct occurredwhether or not a
vi
19 1W
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The council shall consider the findings of said report
at the seating at which it is presented at which time the
person(s) accused shall have the riqht to a full and
complete hearing with the opportunity to call witnesses and
present evidence on his behalf. No final action, decision
or vote with regard to any utter shall be made except in a
setting which Is open to the public.
atetlen 2-1e6- yielatinn. nfliaara and s.nt ymm
violaea one(1)iorrmoref of an the officer standards to comply with or who
Code of Conduct shall constitute grounds for expulsion,
reprimand, or removal from office to the extent allowed by
law.
(2) In the case of any employee of the City,
disciplinary action and appeals therefrom shall be in
conformance with procedures established by the City Charter
and personnel rules and regulations.
I Sset_len 2-207. Mesarame bg mAat nULOAr ar.2=1
i No past City Council member shall appear before the
city council or any board or commission and represent any
i
(90) days nterest on any matter vhatsoevor for a period of ninety
with the citafter i in date
ddition termination above such
ninety ls(90) shi day
restriction, no past city council member shall appear before
the City Council or any board or commission and represent
any interest on any utter which was pending in the City
during his service for s period of one (1) year after the
date of termination of such relationship with the City. counci
membe @hallNappwir beforerany bboardi oy other
commission on which he hasr
previously served or shall represent any interest on any
matter which wan pending before that board or commission
during his service for a period of one (1) year after the
data of termination of such relationship with the City.
No past employee shall appear before any board or
commission or shall represent any interest on any matter
which was considered or pending before sold employes or the
departesnt in which he worked for a period of one (i) year
alter the data of termination of such relationship With the
city.
9aetIgn 2-1ea. adeetien e! sky►~ ~rat~
Section 171.001 at, seq., of the Local Government Code
of the State of Texas, as amended, being the statute which
regulates conflicts of interest of officers of
munio1pa11ties in the state of Texas, is hereby adopted and
made a part of this Lod* of Conduct for all purposes with
the proviso that in e case of a conflict between the
ovisions of this Cof Conduct and the State statute
then In that event the more restrictive provision shall
govern."
saetlon it. It is the intention of the City Council
that this Ordinance, and every provision thereat, shall be
considered severable and the Invalidity of any station,
t l+
I I
3
' clause or provision or part or portion of any eeetion,
clause or provision of this Ordinance shall not affect the
validity of any other portion of this ordinance.
aeahion ITT. All provisions of the Ordinances of the
City of Plano codified or uncodified in conflict with the
provisions of this ordinance are hereby repealed, and all
i
other provisions of the ordinances of the City of Plr,no
codified or unoodlfied, not in conflict with the provisions
of this ordinance, shall remain in full force and effect.
Section IV, This Ordinance shall become effective i
immediately upon its passage and publication as required by
law.
DULY PASSID AND APPROVID this the .22nA day of
Agrit ,,1991.
S ap ro, R
Florence
Al'PF.S'f t .
{
Ja e a * y, IT SIC( 111
"FROM AS TO ►ORl11
Gary F. hettiam, CITY TTORNIY
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2.337 AUSTIN CODE
I i
final authority to carry out such recommen• or occurrence of an economic effect or consequence if
dations to suspend from employment and such effect or consequence would be reasonably
the length of suspension shall be with the expected to exist or occur. Additionally, a vote or
city manager. decision to place a matter on a ballot is deemed to
affect a person, entity or property to the same
A of or r
(6) letter censure a recommendation extent that the results of the election would effect
recall shalll l be the app propriate sanction when n the person, entity or property.
the commission finds that a serious or re-
peated violation of this chapter has been City employer or employee means any person
committed intentionally or through culpa• employed by the City of Austin but does not in-
ble disregard of this chapter by an elected elude independent contractors hired by the city.
city official, A letter of censure or a rec. City oJj'reial or o/)`lcial, unless otherwise expressly
ommendation of recall directed to an elected defined, means the mayor, members of the city
city official shall be transmitted to the city council, municipal court judges (including substi-
clerk, published in a local newspaper of the tute judges), city manager, assistant city manag•
largest general circulation and shall be sent ers, city clerk, deputy city clerks, city attorney,
to the city council. (Ord. No. 860717X, pt. deputy city attorneys, all department heads or
2) deputy department heads, whether such person is
Sees, 2.348-2.3-88. Reserved, salaried, hired or elected, and all other persons
holding positions designated by the City Charter,
as it may be amended from time to time. "City
ARTICLE IV. CODE OF ETHICS official," unless otherwise expressly defined, in-
cludes individuals appointed by the mayor and
See, 2.3.60, Definitions, city council to all city commissions, committees,
boards, task forces, or other city bodies unless
When used In articles II, III and IV of this specifically exempted from this chapter by the t
chapter, the following terms shall have the mean- city council.
ings respectively ascribed to them in this section; Decision means any ordinance, resolution, con-
Affected in the case of a person, entity or prop. tract, franchise, formal action or other matter
erty means reasonably likely to be subject to a voted on by the city council or other city board or
direct economic effect or consequence, either posi• commission, as well as the discussions or deliber•
tive or negative, as a result of the vote or decision ations of the council, board, or commission which
in question. For instance, a person or entity own. can or may lead to a vote or formal action by that
ing real property, entering Into a contract with body. A "decision" of a city employee means any
the city, or seeking a permit or franchise is "af. action in which the employee exercises discretion-
fected" by votes or decisions such as zoning of the ary authority, including but not limited to the
property, approval of the contract, or granting of issuance of permits, imposition or collection of
the permit. "Affected" does not include those per. fines or fees, authorizations for expenditures, and
sons or entities who are subject to an indirect or other nonnrinisterial acts,
secondary effect from official action. Creditors, Discretionary authority means the sower to ex•
independent contractors, or guarantors of a per. ercise any judgment in a decision or tion
son "affected" by a vote or decision are not also
deemed to be "affected" by virtue of their rela• Entity means a sole proprietorship, partnership,
tionship with the affected person. The vote or de- limited partnership, firm, corporation, professional
cision need not be the only producing cause of the corporation, holding company, joint stock compa•
economic effect or consequence reasonably likely to ny, receivership, trust or any other entity recog-
result. In determining whether person, entity or nized by law through which business may be
property is or was "affected by" a vote or decision, conducted.
it ahall not be necessary to prove the actual existence
6upp. No. e
262
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ETHICS AND FINANCIAL DISCLOSURE ¢ 2.2 92
Ministerial act means an act performed in a tal or revenues of the partnership, profes•
prescribed manner and not requiring the exercise sional corporation, or other e-lity; or
of any judgment or discretion. (3) With regard to the partnership, professional
' Substantial interest means an interest in an- corporation or other entity's substantial in.
other person or an entity if; (1) the interest is terest in a client, the official has person.
ownership of five (5) per cent or more of the vot• ally acted within the preceding twenty-four
ing stock, shares or equity of the entity or owner. (24) months in a professional or fiduciary
ship of five thousand dollars ($6,000.00) or more capacity for that client. (Ord. No. 860717•X,
of the equity or market value of the entity; or (2) pt. 2)
funds received by the person from the other per-
son or entity either during the previous twelve Sec, 2.3.82. Standards of conduct,
(12) months or the previous calendar year equaled
or exceeded five thousand dollars ($6,000.00) in (a) No city official or employee shall transact
salary, bonuses, commissions or professional fees any business in his official capacity with any en•
or twenty thousand dollars ($20,000.00) in pay. tity in which he has a substantial interest.
ment for goods, products or nonprofessional ser-
vices, or ten (10) per cent of the person's gross (b) No city official or employee shall formally
income during that period, whichever is lees; (3) appear before the body of which the official or
the person serves as a corporate officer or mem• employee la a member while acting as an advo•
ber of the board of directors or other governing cafe for himself or any other parson, group, or
board of the for•proflt entity other than a corpo• entity.
rate entity owned or created by the city council; (c) No selaried city official or employee shall
or (4) the person Is a creditor, debtor, or guaran• represent, for compensation, any other private i'
for of the other person or entity in an amount of person, group or entity before any department,
Ave thousand dollars ($6,000.00) or more. commission, board or committee of the city.
Substantial interest In real property means an (d) No salaried city official or employee shall
interest in real property which is an equitable or represent, directly or indirectly, any other private
legal ownership with a market value of five thou. person, group or entity in any action or proceed.
sand dollars ($6,000.00) or more. (Ord, No. 8607174, ing against the interests of the city, or in any
pt. 2) litigation in which the city or any department.
Sec. 2381, Conducting business through part. commission, or board or committee thereof is a
nerships,professionalcorporations, limit provided, however, that nothing herein shall
and other entities. limit the autiwrity of the city attorney and his
staff to represent the efty, its boards, commissions,
If a city official or employee is a member of a committees and officers and particularly the human
partnership or professional corporation, or conducts relations commission in the discharge of their
business through another entity, a substantial duties, including equal employment opportunity
interest of the partnership, professional corpora. cases.
tion, or entity shall be deemed to be a substantial (s) No salaried city official or employee shall
interest of the city oMcial or employee IC represent, directly or indirectly, any private per.
(1) The partnership or professional corporation son, group or ontity in any action or proceeding fn
has fewer than twenty (20) partners or share, the municipal courts of the city which was insti•
holders; or tuted by a city official or employee in the course
(2) Regardless of the number of partners or of official duties.
shareholders, the official or employee has No city official shall represent any private
an equity interest, share, or draw equal to person, group or entity In any action or proceed.
or greater than five (6) per cent of the capi• ing in the municipal courts of the city which was
Supp. No, 7
263
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J 2.M2 AUSTIN CODE
instituted by or arising from a decision of a board, Sec. 2-3.83, Prohibition on conflict of interest,
commission, committee, task force or other body A ^ity official or employee may not participate
on which the official serves, in u vote or decision on a matter affecting a per.
(g) No city official or employee shall accept or son, entity, or property in which the official or
solicit any gift or favor, that might reasonably employee has a substantial interest; provided, how•
tend to influence that individual in the discharge ever, that this provision shall not prohibit any
of official duties or that the official or employee member of the city council from participating in a
knows or should know has been offered with the discussion relating to a petition certified to the
intent to influence or roward official conduct. city council by the city clerk which petition seeks
the recall of said member of the city council; in
(h) (1) No city official or employee shall solicit addition, a city official or employee who serves as
or accept other employment to be performed or a corporate officer or member of the board of ch.
compensation to be received while still a city offi• rectors of a nonprofit entity may not participate
cial or employee, if the employment, or compensa• in a vote or decision regarding funding by or through
Sion could reasonably be expected to impair inde• the city for the entity, Where the interest of a city
pendence In judgment or performance of city duties, official or employee in the subject matter of a vote
or decision is remote or incidental, the city offr-
(2) If a city official or employee accepts or cial or employee may participate in the vote or
is soliciting a promise of future employment from decision and need not disclose the interest.
any person or entity who has a substantial inter "Remote interest" means an interest of a per-
eat in a person, entity or property which would be son or entity, including a city official or employ
affected by any decision upon welch the official or ee, who would be affected in the same way as the All
employee might reasonably be expected to act, general public. The interest of a councilmember
investigate, advise, or make a recommendation, in the property tax rate, general city fees, city
the official or employee shall disclose that fact to in the charges, or a comprehensive zoning o city
the board or commission on which he serves or to nance or similar decisions Is incidental to the i
his supervisor and shell take no further action r, extent that the eouncilmember would be affected
matters regarding the potential future employee In common with the general public
(i) No salaried city official or employee shall "Incidental interest" means an interest in a
use his official position to secure a special privi• person, entity or property which is not a substan•
lege or exemption for himself or others, or to se- tial Interest and which has insignificant value, or
cure confidential informatlon for any purpose other which would be affected only in a de minimis
than official responsibilities, fashion by a decision. This chapter does not as.
(j) No city official or employee shall use city tablish dollar limits on the terms "insignificant
facilities, personnel, equipment or supplies for pri• value" and "de minimis," which shall have their
vate purposes, except to the extent such are law. usual meanings and be subject to Interpretation
fully available to the public, on a case by can basis, (Ord. No, 880717•X, pt. 2;
Ord, No. 870418•(.1, pt, 1)
(k) No city official or employee shall accept re-
muneration, directly or indirectly, for. campaign Bea 2.3.64. Disclosure of conflict of interest.
work relating to an Item placed on the ballot if
that individual served on the body which exer• A city official shall disclose the existence of any
elsed discretionary authority in the development substantial interest he may have in a person,
of the ballot Item and participated in the discus. entity or property which would be affected by a
sion or voted on the Item. (Ord, No. 880717•X, pt. vote or decision of the body of which the city
2) official is a member or that he serves as a corpo-
Charter reference-Personal interest in city contracts or rate officer or member of the board of directors of
franchises, Art. xil, 44 2.3. a nonprofit entity for which a vote or decision
Supp, No. 7
264
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ETHICS AND FINANCIAL DISCLOSURE 12.3-64
4
{ regarding funding by or through the city is being
considered,
To comply with this section, a councilmember
or unsalaried city official, prior to the vote or
decision, either shell file an affidavit as required
{
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Sapp. No. T
264.1
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ETHICS AND FINANCIAL DISCLOSURE 02-3-67
by Article 988b, Tex. Rev. Civ. Stat. Ann., or, if gee, 2-U7. Restrictions on providing repre.
not so required, shall publicly disclose in the off i• sentation of others.
cial records of the body the nature and extent of
I such interest, (a) When used In this section, the term "before
the city" shall mean before the city council, a
To comply with this section, a city employee board or commission, or a city official or employee.
shall notify in writing his supervisor of any aub•
stantial interest he may have in a person, entity (b) When used in this section, the term "repre• {
or property which would be affected by an exer• . sent" shall Include all communications with and
cise of discretionary authority by the city employee appearances before the city in which the city is
and a supervisor shall reassign the matter. (Ord. asked to make a decision, as that term is defined
No. 8807171, pt. 2) in this chapter. The term "represent" does not
include communications and appearances Involv.
Ing only ministerial action on the part of the city.
See. 2446. Substantial interest of relative.
(c) When used in this section, the term "case,
(a) A substantial interest of a spouse of a city project or matter" shall refer to specific cases,
official or employee shall be deemed to apply to projects or regulatory matters, rather than generic
that official or employee for the purposes of sec. policies, procedures or legislation of general ap-
tions 2.383 and 2.344 concerning disclosure and plication. For instance, the zoning process or site
recusal or reassignment, plan review process is not a "case, project or mat.
(b) If the spouse of a city official or employee ter" within the meaning of this section; however,
does business through a partnership or other busi• a specific zoning case or site plan would conati•
new entity, the substantial interests of that part- tuts a "case, project or matter" subject to the
nership or business entity shall not be deemed restrictions imposed in this section. It is not the I`
under section 2.3.61 to apply to the city official or intent of this chapter, and this chapter shall not
employee, be construed, to proscribe the practice of any pro.
fe-Aion or occupation by former city officials and
(c) A city official subject to Article 988b, Tex employees.
Rev, Civ, Stat. Ann., or a city employee may not
participate in a vote or decision affecting a sub- (d) A city employee in a position which involves
stantial interest of a person to whom the official significant decision-making, advisory, or supervi•
or employee is related in the first or second de• sory responsibility, or a city official who leaves
gree of consanguinity or affinity. For the purposes the service or employment of the city shall not,
of this aeetion, "substantial interest" shall be as within twelve (12) months after leaving that am•
defined in Article 988b. It is the intent of this ploymeat or service, represent any other person
subsection to conform the civil law prohibitions of or entity in any formal or Informal appearance, if
this chapter to the criminal law prohibitions of the city official or employee has received or shall
Article 988b with respect to relatives other than receive remuneration from the person, entity or
spouses. This chapter in no way supersedes Arti• members of the entity being represented
cle 988b, (Ord. No. 880717•X, pt. 2) (1) Before the city concerning a case, project or
matter over which the person exercised dla•
Sea, 2498. Mau" of official information. cretionary authority as a city employee or
official; or
No former city official or former employee shall
use any confidential information to which he had (2) Before any other agency on a case, project
access by virtue of his official capacity and which or matter over which the person exercised
has not been made public concerning the proper. discretionary authority as a city employee
ty, operations, policies, or affairs of the city, to or official.
advance any personal financial interest, (Ord. No. (e) A former city employee or official who is
880717•X, pt, 2) subject to the requirements of subsection (d) shall,
8upp. Na 6
285
i 2.37 AUSTIN CODE
during the twenty-four (24) months after leaving boards, commissions, committees, or task forces
the service or employment of the city, disclose his or other bodies, unless specifically exempted from
previous position and responsibilitie3 with the city financial disclosure by the city council or herein.
and the work performed, if any, as a city em• after excluded. City appointees to other govern,
ployee or official regarding the matter for which mental bodies may be required to file financial
he is appearing before the city whenever he rep. information statements without being deemed "city
resents any other person or entity in any formal officials" under section 2.360 of this chapter. (Ord.
or informal appearance before the city. No. 860717•X, pt. 2)
M In any formal or informal appearance before
the city, a person representing a person or entity Sec, 2^3.72. Reports,
which employe a former city official or employee (a) By the last Friday of April of each year, city
who had discretionary authority over the project officials shall file with the city clerk a public
or matter for which the person or entity is ap• statement of financial information which shall
peering before the city shall disclose any former cover the previous year which is defined as Janu•
involvement of such former city official or em- ary I through December 31. The mayor and mein.
ployee in the project or matter. This disclosure bars of the city council and the following boards
requirement shall be in effect for twenty-four (24) and commissions and spouses shall also file with
months after the former city official or city em• the city clerk a•, updated statement of financial
ployee leaves city service or employment. Information by the last Friday of July for the
(g) This section shall become effective from and previous period of January through June;
after February 1, 1987, This section shall not (1) Board of adjustment;
apply to persons who left the service or employ.
ment of the city prior to February 1, 1987. (Ord. (2) Ethics review commission;
No. 880717•X, pt. 2) (3) Planning commission; and i
See. 2368, Penalties, (4) Water and wastewater commission.
Any violation of the provisions of section 2.3.66 Such updated statement shall only Include any
or section 2.3.67 shall be punished by a fine In an change in a "substantial Interest" or "substan•
amount not exceeding two hundred dollars ($200.00). tial interest In real property" as-defined in sec.
(Ord. No. 860717•X, pt. 2) tion 2.360 since the last filed statement.
(b) Any person appointed to one of the boards,
Secs. 2.369, 2370, Beserved, commissions or committees covered by section 2.3.71
of this chapter, upon acceptance of such appoint.
ARTICLE V. FINANCIAL DISCLOSURE ment, shall be required to file a letter of intention
to file a financial Information statement, Any non.
elective city officials covered by section 2.371 of
See, 2371. Definitions. this chapter who are appointed or hired shall file
When used in this article, the term "city offi• an initial statement of financial information for
cial" means the mayor, members of the city coun• the previous calendar year within thirty (30) days
cil and their aides, municipal court judges 0n, of being hired or appointed. Thereafter, such per.
eluding substitute judges), city manager, assistant son shall, within the time limits provided by this
city managers, city clerk, deputy city clerks, city article, file a, statement of financial Information
attorney, deputy city attorneys, all department for the full appropriate reporting period, regard.
heads, deputy department heads, and where no less of whether such appointee subsequently re-
deputy department head serves, the first prim signs from the board, commission or committee to
cipal assistant of such department, and spouses of which he accepted appointment. In addition, any
each, and spouses of and the members of all city person who was a city official at any time during
Supp. No. 6
256
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ETHICS AND FINANCIAL DISCLOSURE ¢ 23.72
a reporting period shall be required to file a state. (13) Firemen's relief and retirement fund hoard
ment of financial information for the full appro. of trustees
priate reporting period, within the time limits (14) Heating, air conditioning and refrigeration
provided by this ardele. However, any salaried appeal board
city official who resigns or is terminated for any
reason shall file with the city clerk a public state. (16) Historic landmark commission
ment of financial information which shall cover (16) Housing authority
the current year to the date of resignation or
termination on or before his last day as a salaried (17) Mental heatth and mental retardation board
employee. In such event, a salaried employee shall of trustees
j not be required to file a public statement of A. (18) Parks and recreation board
nancial information for the year in which the
resignation or termination occurred. He shall, at (19) Planning commission
that time, also file a statement of financial in-
(20) Police retirement board
formation for the previous year If one has not
j been submitted prior to the employee's termina• (21) Reserved
tion date. Such statement at the time of resigns. (22) Renaissance market commission
tion or termination must be flied with the city
clerk before accrued vacation or retirement bene• (23) Solicitation board
fit payments will be made to the employee. Board (24) Water and wastewater commission
and commission members who resign may, at their
option, file any statement not yet filed for the (26) Urban renewal board of directors
previous year and a statement for the current
year to the date of resignation, at he time of (d) The members of the following board and l
their resignation in lieu of filing at the regular commissions shall report only the information re-
times see out above, quired by aubaections (gX8), (gX9), and (gX13) of
(c) The members of the following boards and this section:
commissions shall report the information required (1) Arts commission
by subsections (01) through (gX13) of this section: (2) Austin Tomorrow On-Going Com,,iitte(
(1) ) sport toning board (city appointees) (3) Community development commission Board (2) ato of Directors Directors County (city Appraisal appointees) District
(4) Construction advisory committee (3) Board of adjustment (6) Downtown sest/west arterial committee
(4) Building code board of appeals (6) Economic development commission
(6) Building standards commission (7) Electric utility board
(6) Cable commission (8) Environmental board
(7) CAPCO (city appointees) (9) Hospital board
(8) Capital Metropolitan Transit Authority (10) Neighborhood revitalization commission
Board (city appointees) (11) Resource management commission
(9) Civil Service Commission (12) Urban transportation commission
(10) Electrical board (13) All boards and commission not otherwise
(11) Employees' retirement system listed herein or specifically exempted from
disclosure by the city council.
(12) Ethics review commission
Supp. No.7
257
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(e) In addition to other required information, the nature of the occupation or business of
` the mayor and members of the city council shall each source.
report the amount or category of information as
designated in section 2.3.73 of this code, for any t (2)itheaserofficial is a owns self-employed solo controlpracti.
s at
ols at
item reported under subsection (gXI), (3), (4), (6), t, or if the per cent official owns es
(7), (10), (11) and (12) of this section. least a ('eve (6) per cent interest in a part.
nership, professional corporation cr other
(b The members of the fallowing boards and entity through which the ~Zficlal does busi•
commissions are not required to file a public state- ness, the official shall report the names
ment of financial information, and addresses of the clients or customers
(1) Affirmative action plan advisory committee from whom the official, partnership, pro.
P fessional corporation, or other entity received
(2) Austin Community Education Consortium at least ten (10) per cant of its gross Income
or five thousand dollars ($6,000.00) in sal.
(3) Child care commission ary, bonusee, commissions or professional
(4) Citizens' traffic safety commission fees; or twenty thousand dollars ($20,000,00)
in payment for goods, products or noupro-
(6) Commission for women fessional services of gross income during
(6) Dental health advisory committee the reporting period,
(7) Ellsabet Ney Museum Board of Directors (3) An Itemized list of all sources of incvjme
. from interest, dividends, royalties, rents,
(8) EMS quality assurance team trust disbursements or other norwccupational
(9) Human relations commission sources, excluding the amount, but (denti•
Eying the
Joint commission on metropolitan govern source, for each such source ex.
ceeding either ten (10) per cent of the offi- {
ment vial's gross Income or five thousand dollars
(11) Library commission ($6,000,00).
(12) Mayor's committee for disabled persons (4) The identification of any person, business
(13) Medical assistsaoe prqp= advisory board entity or other organization from whom the
city official reporting has received a gift of
(14) Mental health and mental retardation pub- favor of any money or other thing of vnluo
lie responsibility committee in excess of one hundred dollars ($100.00),
(la) 9esquiosatennial oommisslon or a series of gifts from the same source
during the reporting period the total value of
(g) A city official shall include the following which exceedc one hundred dollars ($100,00),
Information by separate listing in the required excluding the value of the gift, but Includ•
statement of financial information, such informa• Ing the identification of the source, Excluded
tion to include the source of income or assets and from this requirement are campaign con•
liabilities of their spouses but shall not require a tributions which are reported as required
separate report by such official's spouse; by state statute and gifts received from the
(1) All sources of occupational Income which following relatives;
exceed ten (10) per cent of the official's gross Spouse
income or five thousand dollars ($1;,000,00) Children
in salary, bonuses, commissions or profes. Parents
sional fees; or twenty thousand dollars Grandchildren
($20,000,00) in payment for goods, products Grandparents
or nonprofessional services, excluding the Brothers
amount but including the name and address Sisters
of the employer or source of income, and
Supp. No. 7
268
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ETHICS AND FINANCIAL DISCLOSURE 4 2'3'72
Uncles at least a five (5) per cent interest, includ•
Aunts ing a description sufficient to locate the
Nephews property, stating the street address, if any,
Nieces and the present use of the property,
First cousins (10) All loans and extensions of credit exceed.
Children-in-law ing flve thousand dollars ($5,000.00) on which
Parents-in-law the official is lender or creditor, excluding
Grandchildren-in-law the amount of the loan or extension of credit
Grandparents-in-law but including the name of the debtor and
Brothers-in-law the rate of interest, if any.
Sisters-in-law
Uncles-in-law (11) All loans or transactions exceeding five thou-
Aunts-in-law sand dollars ($5,000.00) on which the offi•
Nephews-in-law cial is a guarantor or co-signor, excluding
Nieces-in-law the amount of the loan or guarantee, but
First cousins-in-law including the names of the borrower and
lender.
(5) The name of any corporation, partnership,
limited partnership, or other entity In which (12) All loans to, debts of, and other financial
the official held, owned, acquired, or sold liabilities of the official which are in excess
stock or other equity ownership having a of five thousand dollars ($5,000.00) and all
value exceeding five thousand dollars loans to, debts of and other financial liabil•
($5,000.00) or equivalent to five (5) per cent ities of any corporation, partnership, lim•
or more of the stock or equity in the entity. ited partnership, professional corporation
or other entity in which the official owns or
(8) A description, excluding the face amount, controls at least five (5) per cent interest,
of all bonds, notes and other commercial which liabilities exceed five thousand dol.
paper which the official held, owned, ac• lars ($5,000.00). For all debts, loans and
pu, or odd at any time during the re- liabilities presently outstanding or which
porrred
porting period if the combined face value of existed at any time during the reporting
the bonds, notes and commercial paper ex• period, the official shall state when the Ii.
ceeds flue thousand dollars (#5,000.00). ability was incurred, the rate of interest
(7) Any other income or revenue of the official being charged, if any, and the name of the
in excess of five thousand dollars ($5,000.00), lender, creditor or obligee, but not the amount
including a description of sources, but ex• of the liability,
cluding amounts. (13) All boards of directors of which the official
(8) An itemized list of ail real property in which is a member and the offices or executive
the official holds any legal or beneficial positions which the official holds in corpo•
interest, Including real property for which rations, partnerships, limited partnerships,
the official has entered into a contract for professional corporations or other entities,
sale, and including a description sufficient Including nonbusiness entities, stating for
to locate the property, stating the state ad• each the name of the entity and the posi•
dress, if any, and the present use of the tion held. `there shall be excluded from this
property. item positions on corporations or other en-
(9) An itemized Ilet of all real property held, tities owned by the city or created by the
city council.
owned, acquired, sold or under contract for
sale by a corporation, partnership, limited (h) If, during a reporting period, the mayor or
partnership, professional corporation, or other member of the city council has accepted the offer
entity In which the official owns or controls of any trip or excursion from a person or entity
Supp. No, y
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other than the city, then he shall report the fol. Category V. At least $75,000.00 but less than
lowing to the city clerk before embarking on such $100,000.00;
a trip or excursion; Category Vb $100,000.00 or more, report to near.
I
(1) The name of the sponsor, eat $100,000-00.
(Ord. No, 860717•X, pt. 2)
(2) The place or places to be visited,
k (3) The purpose of such a trip or excursion, See. 2474, Financial disclosure by candidates,
t t4) The date and duration of any such trip or (a) Nonincumbent candidates for election to city
I offices shall file a public statement of financial
excursion. information with the city clerk within five (6)
Within fifteen (15) days of return from such a trip days alter filing for their respective offices. for the
or excursion, the mayor or•councilmember shall year prior to the date of filing. Incumbent candi•
report to the city clerk the approximate value of dates for election to city offices shall file a public
such a trip or excursion. statement of financial information with the city
(i} if any city official or city employee has ac- clerk within five (5) days after filing for their
respective offices for the year prior to the date of
cepted any Item by way of gift or loan en behalf of
the city, such gift or loan must be promptly re- filing; provided that if such financial statement
ported to the city manager or his designee who for the appropriate reporting period has already
shall have the gift or loan inventoried as city been filed pursuant to this article, such incum•
property in the case df a gift, or as a loan to the bent candidate shall not be required to reflle an
city in the case of a loan, (Ord, No. 860717•X, pt, identical statement.
2; Ord, No. 8703111,1, pt, 2; Ord. No. 870607.0, pt. (b) Incumbent and nonincumbent candidates for
1) ' election to city offices shall file the same informa•
cheater references-Board of equallsotion, Art. VIII, 1 4; tion as Is required by the mayor and members of
retirement board, Art. IX, 14; planning commission, Art. X, 4 the city council under this article, (Ord. No, I
i. 860717X, pt. 2)
Cron reGrenees-Ethic review commission, 12,3-26 at
aeq.t community development commission, 4 2.6.28 it seq,;
environmental board, 114,2-16 it eeq,; hospital board, t 6.321 See, 2•3-76, Statements to be sworn and con.
it seq.; wrecker commission, 4 87.291 at seq.; solicitation stitute public records.
board, 4 9318 et seq.; parks and recreation commission, 4 All public statements of financial information
104.21 at seq,; rensisssaue market commission, 110-8-161 at p
seq.; cable television commission, 1 12.341 at seq,; toning required by this article shall be sworn to and
board of adjustment, 4 13.241 it seq.; historic landmark com. shall constitute public records, (Ord. No, 8607171,
mission, 4 132.176; building standards commission 113-11-36. pt. 2)
Sec. 2373. Categories, See. 23.76. Ming dates for statements,
Where a monetary amount or value of Income Annual statements required by this article must
of an asset Is required to be reported by the mayor be received by the city clerk by 4:45 p,m. on the
or members of the city council, the exact amount last Friday in April. Statements as otherwise re-
need not be reported. The statement may instead quired shall be received by the city clerk by 4;46
Include'the category of amount as follows; p.m. on the last day required, When the last day
Category h $1.00 to less than $10,000,00; falls on a Saturday or Sunday, or on an official
Category !!r At least $10,000.00 but legs than deadline for receipt established by city
the city clerk is extended
$20,000,00;
Category U At least $20,000.00 but less than to 4:46 p.m, of the next day which is not a Satur•
$50,000.00; day or Sunday or official city holiday. (Ord. No,
Category 1 V7 At least $60,000.00 but less than 860717•X, pt, 2)
$76,000,00;
Supp. No. 7
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ETHICS AND FINANCIAL DISCLOSURE } 2.3.77
See, 2377. Penalties.
Any violation of the provisions of this article
i shall be punished by a fine in an amount not
exceeding two hundred dollars ($200.00). (Ord,
No, 860717X, pt. 2)
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§ 2.112 lidut4aletratloat 92-121
appoint a temporary successor, with the title of (C) any part of whose membership L-
acting department director, to perform the duties of appointed by the city council, but does not include
the department director until his return to the city, or a board, commission, or committee which is the
his recovery from such illness or disability. governinq body of a separate poWiaal nrbdlvision of
the state.
(2) In the event a department director's
position is vacated by reason or termination or (3) ENTLOYEE means a person employed and
dismissal, or it a new department Is established, the paid a salary by the city whether under a" service
appointing authority may appoint an acting or not, including those Individuals on a part-time
I department director to exercise the duties of the basis, but does not Include an independent
position pending the selection and appointment of contractor or city council member.
the department director on a permanent basis,
(4) NEGOTIATING CONCERNING
(3) Appointments to positions of acting PROSPECTIVE EMMOYMENT means a discussion
department director made by the appointing authority between a city officer or employee and another
shall be by memorandum and a copy of such employer conciandnq the poss" .llty of the city officer
memorandum shall promptly be hnnished the city or employee considering or accepting employment
j manager, in cases of action by the council, a with the employer, In which discussion the ally
j commission or board, the city secrelary, the city odicu or employee rinds in a positive way,
I! auditor and the city attorney. The city secretary shall
retain in an oMcial file a signed copy of every such (a) OFFICER mew a member of the city
memorandum for a period of five years from the date counoll and any member of a board who is
thereof. appointed by the city council. For proposes of
Chapter XXA, Section 11 of the city charter (which
(4) During the term of such appointment, restricts persona who may have a financial interest
the acting department director shall have the acme In a contract with the city) OFFICER does not
powers and duties of the department director, as sal include a member of a board:
forth in the charter, ordinances and resolutions, I
j During such term of appointment, the department (A) that functions only in an advisory or
director shall be relleved of his authority and study capaclty and which does not have the power
responsibi ices, (Ord, 13015) to snake findings as to the rights of specific parties;
or
ARTICLE 1171,
(B) of a nonprofit development ce potation
CODE OF ETHICS, that acts as an instrumentality of the city, (Ord, Nos,
12324; =54; IBM)
SEC. 2.120. DEFINITIONS.
$90, 2.111. POUCT.
For the purposes of this articles
(a) It is hereby dectared to be the policy of the
(l) BENEFIT rr"ns anythirw reasonably city that the proper operation of democratic
regarded as economic gala or economic advantage, goVer=wl reguk" that:
including benefit to any other person in whose
welfare the beneficiary Is interested, but does riot (1) publio oftialo and employees be
include a contribution or expendbure made and 1ndependen4 hnp&dW and rseporislbWe only to the
reported in accordance with law, people of the olh;
(2) BOARD means a board, conunisakm or (2) governmental decisions and policy be
commtttwt made using the proper procedures of the
governm"tal Udnaturel
(A) which is established by city otdinance,
city charter, Interlocal contract, or state law; or (3) no officer or employee have any
flnancW interest, dbul or indirect, or engage in any
(B) which serves as the board of a business, trutsaction or professional activity or incur
nonprofit developmenl corporation that acts " an
instrumentality of the city, and
Da" City co"
10/90
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3.131 AdministratiOM 3 2.122
f
any obligation of any nature which is In conflict with of the body of which he is a member or any other
the proper discharge of his duties in the public body which will consider the matter and abstain from
interest; voting on the matter, or
(q) public office not be used for personal he matter ove(B) In the case of an employee, turn
r to his superior or reassignment,
gain; and
state the reasons for doing so and have nothing
(9) the city council at all times be bother to do with he matter involved,
maintained as a nonpartisan body.
(8) Personally provide services for
E (b) To implement this policy, the city council compensation, directly or indirectly, to a person or
has determined that It Is advisable to enact this code organization who is requesting an approval
of ethics for all officials and employees, whether tnvestivatim or determination tram the body or
elected or appointed, paid or unpald, advisory or department of which the officer or employee is a
administrative, to serve not only as a guide for member, This restriction does not apply to outside
official conduct of the city's public as v,knts, but also employment of an officer if the employment is the
as a basis for discipline for those who refuse to officer's primary source of Income.
abide by Us terms. (Ord. Nos. 12824; 18980)
(7) Accept other employment or engage
SEC. 3.122. STANDARDS OF CONDUCT. in outside activities incompallble with the full and
proper discharge of his duties and responsibilities
(e) An officer or employee of the city shall not: with
inohe or which might impair his performance of his vbhc duty independent
dgm fu the
(1) Accept or solich a benefit that might l]Y participate in a decL• un
reasonably tend to influence the officer or employee (a) peraont
in the discharge of his official duties. approval, disapproval, recommendation,Investigation,
or rendering of advice In a proceeding, application,
(2) Use his ofdclal position to secure request for nrllng or determination, contract, claim, i
special privileges or exemptions for himself or others,
hor other rnaltar under the e offiaer or employee is~negotlahlg t orehasyan
(3) Grant any special consideration, arrangement concerning prospective employment
treatment or advantage to r person or organization with a person or organfzation.whloh has a financial
beyond that which is available to every other person Interest In the matter, and, in the case of an
or organization. This shall not prohibit the granting employes, It has been determined by the city
of fringe benefits to city employees as a part of heir manager that a conflict of interest exists. If an
contract of employment or as an added incentive to officer or employee begins negotiation or enters an
the securing or retaining of employees. arrangement concerning prospective employment
with a person or organization that has a financial
(4) Disclose information that could interest in a matter in which the oftloer or employee
adversely affect the property or affairs of the city, or has been participating, the officer or employee shall:
directly or indirectly, use any Information understood in the a&" of an employee,
to be confidential which was gained by reason of his (A)
official position or employment for his own personal immediately notify the offoial responsible or
gain or benefit or for the private interest of others. appointment to his position of the nature of the
negotiation or arrangement and, it he city manager
(5) Transact any business on behalf of detomdnes that a conflict ofinterest e4sta, ollow the
the city in his official capacity with any business Instructions of the city manager with regard to further
entity with which he is an officer, agent or member lrtvoivement In the matter; or
or in which he has a financial lntereet. In the event the case of a board member,
that such a circumstance should arise, then he shall in
immsdfataty notify the hoard of which he is a
make known his interest, ands
member of the nature of he negotiation or
(A) in the case of an officer, leave the arrangement and:
room during debate or hearing, refrain from
disowning the matter at any time with the members
Ds33as Ci#y Code 33
10180
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(i) refrain from discussing the (IU) before a board which has
matter at any time with other board membe:a or appellate jurisdiction over the board of which he W
members of the city council if the city council will a member; or
also consider the matter,
(Iv) in litigation or a claim to
(U) leave the room during debate which the city or an employee of the city Is a party
or healing on the matter, and if the Interests of the person being represented are
adverse to the city or an employee of the city and
f (iii) abstain from voting on the the subject of the litigation or claim involves the
matter; or beard on which the bovtd member is serving or the
department providing support services to that board,
(C) In the case of a member of the
city council, file an affidavit with the city seoretw (11) Use the prestige of his posit Lon with
describing the nature of the negodalion or the city In behalf of any political party,
arrangement and-
I (12) Knowingly perform or refuse to perform
(1) refrain from discussing the any act In order to deliberately thwart the execution
matter at any time with other council members or of the city ordinances, rules or regulations or the
members of a board that will consider the matter, achievement of official city programs.
(d) leave the room during debate (13) Use city supplies, equipment or
or hearing on the matter, and facilities for any purpose other than the conduct of
official city business,
49) abstain from voting on the
matter, (14) Engage in any dishonest or criminal
act or any other conduct prejudicial to the
(9) Receive any fee or compensation for government of the city or that reflects discredit upon
his services as an officer or employee of the city the government of the city,
from any source other than the city, except as may
be otherwise provided by law, This stall not prohibit (b) The restrictions in this section do not apply
his performing the same or other services for a to business associates of officers or employees, but
# public or private organization that he performs for only y-, tsonally to the *Moore and employees
the city if there is no conflict with his city duties and themselves, (Ord Nos, 12824; 12784; 18038; 18980;
responsibilities, 19983)
F (10) (A) In the case of a member of the
j city council or an employee, personally represent, or SEC, 3.1211, FiNMCM INTERESTS.
I appear In behalf of~ the private interests of others:
I Any officer, whether elected or appointed, who
(i) before the city council or any has a thucfal interest its any matter pending before
city board or department; the body of which he is a member, shall disclose
such interest to the other members of the body, and
(U) irk any proceeding involvirtg he shaib
the city; or
(1) retrain from discussing the matter at
(lif) in any litigation to which the any time with any other member of the body of
oily Is a party, which he Is a member or any other body which will
consider the malter,
(8) In the case of a board member,
personally represent or appear in behalf of, the (2) leave the room during debate or
private interests of others: hearing; and
M before the board of which he (3) refrain from voting on the matter, (Ord,
is a member, Noe. 12824; ISM)
(U) before the city council;
Dallas Cky Code
34 10190
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(i) retrain from discussing the (W) before a board which has
matter at any time with other board members or appellate jurisdiction over the board of which he is
members of the city council if the city council will a member, or
also consider the mailer;
(W) in lilluation or a claim to
(u) leave the room during debate which the city or an employee of the city Is a party
or hearing on the matter, and if the interests of the person being represented are
adverse to the city or an employee of the oily and
(W) abstain from voting on the the subject of the lidgation or claim involves the
matter; or board on which the board member is serving or the
departmerif providing support services to that board,
(C) in the case of a member of the
city council, file an affidavit with the city secretary (I1) Use the prestige of his position with
describing the nature of the negotiation or the city in bahalf of any political party,
arrangement and:
(12) Snowingly perform or refuse to perform
(1) refrain from discussing the any act in order to deliberately thwart the execution
matter at any time with other council members or of the city ordirtar,ces, rules or regulations or the
members of a board that will consider the matter, achlevernent of oMclal city progmmi ,
(10 leave" roan during debate (13) Use city suppllos, equipment or
or hearing on the matter, and facgides for any purpose other glen the conduct of
official city business.
(Ili) abstain from voting on the
matter, (14) Engage In any dishonest or crimlW
i act or any other conduct prejudicial to the
(9) Receive any tee or compensation for government of the city or that reflects discredit upon
his services as an officer or employee of the city the gowrnrnent of the city.
from any source other than the city, *=opt as may
be otherwise provided by law. This shall not pmhibk (b) The restrictions in this section do not apply J
his performing the earns or other services for a to business associates of officers or employees, but 1
public or private organization that he pedforrns for only p^rsonally to the officers and employs"
the city it there is no conflict with his city duties and themseNse. (Ord. Nos, 12824; 12784; 18038; 18800;
responsibilities, 19083)
(10) (A) In the case of a member of the
city council or an employee, personally represent, or SEC. 2.122.1. FINANCIM MTEREBT&
appear in behalf o4 the private Interests of others:
Any officer, whethw elected or appointed, who
(i) before the city counall or any has a financial interest in any matter pending before
city board or department-, the body of which br Is a member, shall disclose
such iWerso to the other members of the body, and
(il) In any proceeding involving he sbafit
the city; or
(1) refrain frown dirouesbtg the nutter at
(lW in any litigation to which the any time with any other member of the body of
city In a party, which he is a member of any other body which will
cotuidw the mailers
(H) In the ones of a board member,
personally represent or appear in behalf at, the (2) leave the room during debate or
private interests of others: hearing; and
(1) before the board of which he (3) refiala from voNrto on the matter, (Ord.
Is a msntbw; Nor. 12824; 18880)
(11) before the city cowtafl;
1'-allas City Code
34 10/00
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§ 2123
62-122.2 Admfrcistmdm
i SEC. 2.122.2. POLITICAL ACTIVITIES OF duties)err the an emploemployment does cnot ity.o (Ord. 163881
h1s
OFFICERS.
18880)
(a) In elections other than for city council of
the city, a member of the city council may not,
SEC. 2.122.41 RESTRICTIONS ON PROVIDING
(1) wse the prestige of his position with REPRESENTATION OF OTHERS,
the city on behalf of a candidate;
(a) An o0cer or employee :n a position which
(2) solicit or receive contributions; involver significant repocdn;-. decision•maldng,
advisory, or supervisory responsbility who leaves the
(3) serve as the designated campaign service or employment of the city shall not, within 12
treasurer for a candidate as required by Chapter 14, months titer leaving that service or employment,
Texas Election Code; or represent any other person or organization In any
formal or irdornal appearance:
(4) serve as an officer of a political party, d before the city concerning a project for
except as a voting delegate. which the person had responsibility as a oily oflicer
(b) In any election a member of a city board, or employee; or
commission, or committee, whether governmental or
advisory, may not; (2) before any other agency on a project
for which the person had responsibility as an officer
(1) use the prestige of his position with or employem
the city on behalf of a candidate;
(b) A forme: officer or employee who is subject
(2) serve as the desimated campaign to the requirements of Subsection (a) shall, during
treasuror for a candidate as required by Chapter 14, the 24 months after leaving the setv'.cv or
Texas Election Code; or employment of the city, disclose his previous position
and responsibilities with the city whenever he
(n) personally solicit or receive foroprooentm any other pervon or rmal or informal appearance before city agency
contributions for a candidate. A member, however,
is not prohibited from serving on a sleerinp (Ord. 18880)
committee to plan a program of solicitation and
listing his or her name without reference to the office
held when the committee as a whole is listed. SEC. 2.123. LIMITATIONS ON EMPLOYEE
POLITIOM AOTMTY' AND ON THE
(c) Subsections (a)(1) and (b)(1) do not HOLDING OF ELECTIVE PUBLIC
prohibit a member of the city council or of a board OFFICE BY AN EbWLOYEE.
from lending his or her name In support of a
candidate so long as the office he holds with the city (a) The pupae of this section is to Implement
is not mentioned in connection with the endorsement. the order of the United States District Court for the
(Ord. Noe. 18038; 18088; 181580) Northern District of Texas In CA3-704222•H, Hlckrnan
vs, Cllr of Dallas. by delineating those portions of
SEC. 2122.3. ADDITIONAL EMPLOYMENT. Section 17(c), Chapter III, of the Dallas City Charter
that may continue to be enforced.
An employee of the city may accept employment
from a public utiWy corporation enjoying the grant of (b) An employee of the city immediately forfeits
a franchise, priviloge, or easement from the city it employments with the city it
rity gtuard for lthh eee puis to rform the duties of blio ut&y corporsdor4 a for electio(1) the wnpioyoo becomes n to the Dallas city coounon; a candidate
secu
(2) the employment Is approved by the (2) the employee becomes a candidate
employee's department head; and for nomination or election in a partisan election for
public office within Dallss County or in a partisan
Dallas Cffy Code 38
10180
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§ 2.123 Admiaistraticn 4 2.127
election for a public office, the constituency of which CENTER means the group of buildings located in
includes all or part of Pallas County; the 2800 block of Forest Avenue in the city that are
in proximity to one another and In which the city and
(3) the employee becomes a candidate for other agencies or organizations offer a consoiidi0nn
nomination or election to an elective public office of various community services Into a single delivery
where the holding of that office will conflict with the "am in response to the needs of the community.
full and proper discharge of the employee's dudes
with the city; or (2) SERVICES means the functions and work
performed by community agencies concerned with
(4) a managerial or supervisory exempt the health, education, social, physical, economic and
city employee becomes a candidate for nomination other related needs to improve the quality of the
or election to an elective public office of an enlity Cuban environment, Such services may be provided
having contractual relations with the city that involve by privately or publicly sponsored organizations and
the employee's department. (Ord. Nos. 1888111 SM) agencies.
(3) SERVICE AREA means the geographical
SEC. 2-124. PENALTY FOR VIOLATION area within the city primarily served by the Martin
OF ARTICLE; APPEALS. Luther King, jr, community center, as shall be
delineated by the city counolL
(a) The failure of any officer or employee to
comply with this article or the violation of one or (4) BOARD means the Martin Luther King, Jr.
more of the standards of conduct set forth in this community center board, (Ord. Nos. 13384; 14941;
article, which apply to him, shall constitute grounds 18874; 18983)
for expulsion, reprimand, removal from office or
discharge. In the case of an employee of the city,
disciplinary action and appeals therefrom shall be in SEC. 2422. CREATED; COMPCMTION;
confmrnunae with procedures established by the city APPOINTMENT; REQUIREMENTS,
charter and personnel rules and regulations, Where AND TERMS OF MEMBERS;
no specino appeal procedure is otherwise OFFICERS.
prescribed, the appeal shall be to the trial board. In
the case of a city councilman, the nutter shall be (a) There Is hereby created the Martin Luther
decided by a vote of two-thirds of the entire King, jr. community center board. The board shall
membership of the city council in accordance with consist of 11 members appointed by the city counciL
Chapter III, Section 18 of the city charter. to the case
of members of boards or commissions, the matters (b) The members shall be appointed for two.
shall be decided by the city counelL The decision year terms ending on September 1 of each odd.
of these bodies shall be final in the absence of bias, numbered you and shall serve until their successors
prejudice or fraud, are appointed and qualified.
(b) It the city council determines that a person (o) If a vacancy occurs In a board position
has violated Section 21214, the city council may held by a member appointed directly by the oily
direct the city attorney to initiate whatever legsl council, the city council shall appoint a now member
action la necessary to seek enforcement of as to serve for the unexpired term. 11 a vacancy occurs
provisions, (Ord, Nos, 12824; 18880) in a board position held by a member appointed
from service area nominallom the vacancy shall not
ARTICLE )aff. be M14 and that position shall not be counted in
determining total board membership for quorum
MARTIN LUTHER MCI, Jt purposes. (Ord. Noe. 13384; 14083; 14941; 18874;
COM,MUN17Y CENTER BOARD. 18868; 18979)
SEC. 2-12a. DEFINITION& SEC. 2.127. FUNCTIONS.
In this article# (a) The board sl.tll serve In an advisory
capacity and shall make recommendations to the city
(1) MARTIN LUTHER KINO,11 COMMUNITP
Dallas City Cade
38 10190
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tit
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§ 2.123 lldmbilstmdon 4 2.127
election for a public office, the constituency of which the CENTER mblock eans
of Forest uAvenue in p of buildings located city chat a e
includes all or part of Dallas County
in proximity to one another and in which the city and
(3) the employee becomes a candidate for other agencies or organizations offer a consolidation
nomination or election to an elective public office of various community services into a single delivery
where the holding of that office will conflict with the system in response to the needs of the community.
fail and proper discharge of the employees duties
with the city; or (2) SERVICES means the functions and work
performed by community agencies concerned with
(4) a managerial or supervisory exempt the health, education, soctal, physical, economic and
city employee becomes a candidate for nomination other related needs to Improve the quality of the
or election to an elective public once of an entity urban environment, Such services may be provided
having contractual relations with the city that involve by privately or publicly sponsored organizations and
the employee's department. (Ord. Not, 16881; 18980) agencies.
(3) SERVICE AREA means the geographical
SEC, 2.124, PENALTY FOR VIOLATION area within the city primsrily served by the Martin
OF ARTICLE; APPEALS. Luther King, It, community center, as shall be
delineated by the city council
(a) The failure of any oMcer or employee to
comply with this article or the violation of one or (4) BOARD me" the Martin Luther King, Jr,
more of the standards of conduct set forth in this community center board, (Ord. Nos. 13384; 14941;
article, which apply to him, shall constitute grounds 18874; 16955)
for expuLion, reprimand, removal from office or
.discharge. In the case of an employee of the city,
dleciplinary action and appeals therefrom shall be in SEC. 1.120. CREATED; COMPOSITION;
conformance with procedures established by the city APPOINTMENT; REQUIREMENTS,
charter and personnel rules and regulations, Where AND TERMS OF MEMBERS;
no speoldo appeal procedure is otherwise OFFICERS. ,
presortlx4 the appeal shall be to the trial board. In
the case of a city councilman, the matter shall be (a) There Is hereby created the Martin Luther
decided by a vole of twodhlyds of the entire, Crag. It, community center board The board shall
membership of the city council in accardance with cortsM of l I members appointed by the, city councIL
Chapter ill, Section l9 of the clty charter. In the caw
of members of boards or commissions, the matters (b) The members shall be appointed for two.
shall be decided by the city council. The dociaion year term ending on September 1 of each odd•
of the" bodies shall be final in the absence of bias, numbered year and shall sere until their successor
prejudice or fraud, are appointed and quaWW&
(b) If the city council determines that a person (o) 13 a vacancy occurs to a board position
has violated Section 2.122.4, the city council tray held by a member appointed directly by the city
direct the city attorney to initiate whatever legal council, the airy council shag appoint a new member
action is necessary to seep enforcement of Ye, to sorve, for the unetrPlred terns. If a vacancy occurs
provisions, (Ord, Nos. 12024; ISM in a board position hod by a member appointed
from service area nominations, the vacancy shall not
ARTICLE 7CII, be Ailed, and that position shah not be counted in
determbdua lotal board membarft for quorum
MARTIN LUTHER KING, J& purpoeee. (Ord Nos. 13Mi 14083; 14041; 18374;
COMMUNITY CENTER BOARD. 10A81f; 15970)
SEC, 2120. DEFINITIONS. SEC. 2117. FUNCTIONS.
In this articlot (a) The board shalt some in an advisory
capacity and shall make recommendations to the city
(1) MARTIN LUTHER KING, IR. COMMUNITY
Dallas City Code 10!00
30
1 ~
Policy Report No- 91 AGENDA ITEMNO:
DATE: June 4, 1991
TOs Ethics Ad Boo committee
SUBJECT: Ethical Conduct Policy
INTRODUCTION
The purpose of this item is to discuss and, if the Committee
j desires, adopt a policy regarding ethical conduct of Board
members.
RECOMMENDATION
It is recommended that the Committee discuss draft Ethical Conduct
Policy, Attachment 11 suggest revisions thereto, and, if it
desires, recommend said policy for Board consideration.
BACEGROUMD
4 Chairman Lane appointed the Ethics Policy Review Ad Hoc Committee
on February 26, 1991 for purposes of reviewing DARV s ethical
policies and, if necessary, preparing a new ethical policy for
Board consideration. The committee met once on April 9, 1991
and, based upon discussion at that time, the General Counsel was
directed to draft a policy for consideration by the Committee.
Attachment 1 is the draft Ethical Conduct Policy prepared for f,
Committee consideration. Attachment 2 is the ethics policies of
MARTA (Atlanta) and METRO (Houston).
I
Prepared by: Approved by:
1
Jchn T, tt Charles arm
General C unsel ExecutiveD rector
A06-30B.DOC
05/30/91/pjb
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9 E E r OF POhIC~
The Dallas Area Rapid Transit Authority (DART) Board of Directors,
recognizing that DART will, over a period of several years,
construct and operate several major public works improvements,
determines it desirable to adopt a code of ethical conduct for board
members in order that the public may be assured that the actions of
F I -
those associated with DART serve only the public's best interests.
The Board further determines that the proper operation of government:
requires that officials be independent, impartial, and responsible
only to the citizens of the service Area. It shall therefore be
the policy of the Board that this Code of Ethical Conduct shall
i guide and direct the actions of DART board menwers.
1. PROHIBITIONS
A. No board member shall, during his/her terns as a board
member and for a period of one year following the end of
the term (notwithstanding any earlier resignation):
{
(1) participate in any contract or employment
relationship which is funded directly or
indirectly by DART;
(2) accept any gift or favor from any person, firm, or
corporation that a reasonable person would
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JTH/EthioPol
Page 1/5-21-91
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I ;onclude would influence tue board member in the
discharge of official duties]
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(3) use the position of DART board member to secure
any special privilege or exemption for the board
member or others;
t '
(4) in the conduct of official duties as a DART board
member, grant any special consideration,
treatment, or advantage to any person, firm, or,
corporation which is beyond that made available to
any other similarly situated person, firm, or
corporation. This section does not apply to the j
employment of individuals reporting directly to
the Board of Directors;
i
(5) disclose information provided to a board member
or members, the disclosure of which could
adversely affect the conduct of DART's business or
adversely impact the ability of DART to
successfully negotiate any transaction or
agreement;
(6) receive any compensation for service as a DART
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board member from any source other than DAM
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P(7) appear on behalf of or represent any person, firm,
or corporation before the DART Board or any DART
y
committee, task force, or subcommittee.
B, Each board member, immediately upon appointment to the
DART Board, shall prepare and shall annually amend a
Statement of Economic Interest in substantially the form
attached as Exhibit A disclosing all employment and other
economic interests of the board member. Said Statement
shall be available for public review in the office of
~ Board Support.
I
C. Whenever any board member is called upon to vote on a 1
{ matter which constitutes a potential conflict of interest
i
{
as defined in Chapter 171 of the Texas Local Government'
` code or which, to a reasonable person, would appear to
place the member's personal interests at odds with the
public's interest or which would appear to a reasonable
person to directly or indirectly, tangibly or intangibly
benefit the board member greater than the benefit to the
general public, said board member shall file an affidavit
with the Executive Assistant to the acard and abstain
from any discussion of the matter and shall not
participate in any vote regarding the matter. To the
extent practicable, the board member shall leave the
meeting room during debate and consideration of the item.
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should the Board determine that it is in the best interest of
DART to waive the requirements of Sections 1.A.(1), it may, by
majority vote, waive or modify said requirement with regard to a
particular person and/or relationship. In that event, all
,r
provisions not waived shall continue in full force and effect.
The Board may not waive any requirements of Chapter 171 of the I
r Texas Local Government Code.
I
I 3, AMENDMENT:
This policy may be amend9d by a majority vote of the DART Board.
4. PENALTYs
The failure of a board member to comply with the requirements of
this policy shall constitute grounds for removal from office in
accordance with Section of article 1118y, Vernon's
Annotated Texas Civil Statutes.
5. L'FECTIME DATE
This policy is effective the day following its enactment and
shall remain in effect until repealed by a majority vote of the
DART Board.
4
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7 R'turar.'
A M STRATIO
v Chapter
OCT3 0 RE 6
I CI N U RN}FF ~ '
ordinances Governing
ADMINISTRATION
1
in the
CITY' OF ARLINGTON
TEXAS
/l Amended by Ordinance No, 91--81
(August 20, 1991)
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(Chapter Designator) ADMINISTRATION)
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ADMINISTRATION
History
ORDINANCE HISTORY
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Date of
Number Adoption Comments
88-36 2/23/88
88-121 8/30/88
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88-158 11/22/88
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89-04 01/10/89
j 89-10 01/17/89
E 89-60 05/23/89 Amend section 3.05, Convention and
Event Services Advisory Board,
relative to the number and residency
1 of board members.
90-03 01/02/90 Amend Section 7.01, Abandonment of
Right-of-Way and Easements (Pu l c or
Pr vate), relative to procedures and
fees for abandonment of public or
private right-of-way or easements.
90133 03/27/90 Amend Subsection 3.05(C), .Membership,
increasing the number of places
served by board members from 11 to 12
places on the Convention and Event
Services Advisory Board.
90-54 05/15/90 Amend Section 5.03, Amount of De cs
its, Method of Comput ng, `increasing
the percentage of. an employee's
earnings that is deposited into their
Texas Municipal Retirement Syi:tem {
Account from 5% to 7%.
91-11 01/29/91 Amend Section 3,02, Libraries,
designating the libraryN as a
department of the Cityt amend Sub-
sections 3.03(B) and 3.03(F) and
delete Subsections 3,03(G) and 3.03(H)
relative to the objectives and duties
of the Library Board,
91-81 08/20/91 Amend Subsection L.04(C), relative to
the responsibilities of the chairman
to oversee proper decorum during
Council meetings.
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ADMINISTRATION t[
Contents
ADMINISTRATION
Table of Contents
ARTICLE I CITY COUNCIL RULES OF PROCEDURE
section 1.02 Authority
section 1.02 General Rules
section 1.03 Meetings
Section 2.04 Chairman and Duties
section 1.05 Order of Business
Section 1.06 Consideration of Ordinances, Resolutions
and Motions
section 1.07 Votes Required
section 1.08 Creation of Committeam, Hoards and
Conmiiss ions
ARTICLE II APPOINTIVE OFFICERS
Section 2.01 General
1 Section 2.02 City Manager
Section 2.03 Payment Procedures
section 2.04 Collection of Taxes
ARTICLE III BOARDS, COMMISSIONS AND DEPARTMENTS
Section 3.01 General
Section 3.02 Libraries
Section 3.03 Library Board
Section 3.04 Convention and visitors Bureau
Section 3.05 Convention and Visitors Bureau Advisory
Board
section 3.46 Special Transportation Advisory Beard
Section 9.07 Additional Boards and Commissions
ARTICLE IV PUBLIC DOCUMENTS
Section 4.01 Definitions
Section 4.02 Public and Purpose
Section 4.03 City Records Declared Public Property
Section 4.04 Public Use or Distril)ution
Section 4,05 Schedule of Fees
Section 4.06 Research
Section 4.07 Police Department Documents
Section 4.08 Municipal Court Clark Charges
Section 4,09 Custody of City Council Records and
Official Papers
ADMINISTRATION i
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ADMINISTRATION
Contents
Section 4.10 Office of Records Management Established
f Section 4.11 Position of Records Manager Established
Section 4.12 Duties of Records Manager
Section 4.13 Responsibilities of City Department Hoads
Section 4.14 Responsibilities of Records Liaison
Section 4.15 City Officos to Use Records Schedules
Section 4.16 One-time Destruction of Obsolete Records
Section 4.17 Destruction of Certain Original Municipal
r Public Records
t Section 4.18 Destruction of Certain Other Municipal
Records
Section 4.19 Records Center
section 4.20 Non-current Records Not to be Maintained
in Office Files
Section 4.21 Microfi.lmirg Program Established
: Section 4.22 Micrographics of Certain Municipal
Records
Section 4.23 Criminal Justice Records
ARTICLE V MUNICIPAL RETIREMENT SYSTEM
r
j Section 5.01 Employees Covered t.tder Texas Municipal
Retirement System
E Section 5.02 New Employees
Section 5.03 Amount of Deposits, Method of Computing,
Section 5.04 Deductions and Contributions
Section 5.05 Supplemental Disability and Death Benefit
Funds
section 5.06 New Employees - Supplemental Benefit
Funds
Section 5.07 Contributions to Supplemental Disability
Benefit Fund
Section 5.08 Effective Date of Supplemental Disability
and Death Benefit Funds Provisions
Section 5.09 Annuity Reserve
section 5.10 Vesting of Rightss Early Retirement
Section 5.11 Disability Retirement
Section 5.12 Death Benefits
Seiztion 5.I3 Updated Service Credit
i
ARTICLE VI EMPLOYMENT INVESTIGATIONS
Section 6.01 Criminal Records Clerk
Section 6.02 Discipline and Denial or Termination of
Employment
ADMINISTRATION it
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ADMINISTRATION
Contents
Section 4.10 Office of Records Management Established
Section 4.11 Position of Records Manager Established
Section 4.12 Duties of Records Manager
Section 4.13 Responsibilities of City Department Heads
Section 4.14 Responsibilities of Records Liaison
Section 4.15 City Offices to Use Records Schedules
Section 4.16 One-time Destruction of Obsolete Records
Section 4.17 Destruction of Certain Original Municipal
Public Records
Section 4.18 Destruction of Certain Other Municipal
Records
Section 4.19 Records Center
Section 4.20 Non-currant Records Not to be Maintained
in Office Files
Section 4.21 Microfilming Program Established
Section 4.22 Micrographics of Certain Municipal
Records
Section 4.23 Criminal Justice Records
ARTICLE V MUNICIPAL RETIREMENT SYSTEM
Section 1.01 Employees Covered Under Texas Municipal
Retirement System
Section 1.02 New Employees
Section 5.03 Amount of Deposits, Method of Computing
Section 5.04 Deductions and Contributions
Section 5.05 Supplemental Disability and Death Benefit
Funds
Section 5.06 Now Employees - Supplemental Benefit
Funds
i, Section 5.07 Contributions to Supplemental Disability
Benefit Fund
Section 5.08 Effective Date of Supplemental Disability
and Death Benefit Funds Provisions
Section 5.09 Annuity Reserve
Section 5.10 Vesting of Rights; Early Retirement
Section 5.11 Disability Retirement
Section 5.12 heath Benefits
Section 5.13 Updated Service Credit
ARTICLE VI EMPLOYMENT INVESTIGATIONS
Section 6.01 Criminal Records Clerk
Section 6.02 Discipline and Denial or Tormination of
Employment
f
ADMINISTRATION ii
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ADMINISTRATION
Contents
I
ARTICLE VII STREETr ALLEY AND EASEMENT ABANDONMENT
1
Section 7.01 Abandonment of Right-of-Way and Easements
(Public or Private)
ARTICLE VIII PETITIONED ANNEXATIONS
Section 8.01 Request for Annexation
Section 8.02 Fees
ARTICLE IX CITY OF ARLINGTON OFFICER AND EMPLOYEE
LIABILITY-PLAN
3
i
Section 9.01 Definitions
Section 9.02 Coverage
Section 9.03 Defense
j Section 9.04 Limits of Coverage
section 9.05 Plan Period
{ Section 9.06 Exclusions
Il Section 9.07 Subrogation
section 9.08 Legal Representation
Section 9.09 Determination of Coverage
Section 9.10 No Creation of Cause of Action
ARTICLE X (Reserved for later use)
ARTICLE XX HEARINGS, INVESTIGATIONS AND SUBPOENA POWER `
Section 11.01 Authority
Section 11.02 Hearings and Investigations Subpoena
Power
Section 11.03 Violation and Penalty
Section 11.04 General Rules
ARTICLE XII CITY COUNCIL CODE OF ETHICS
Section 12.01 Definitions
Section 12.02 Declaration of Ethical Policy
Section 12.03 Responsibilities of Public Office
Section 12.04 Standards of Conduct
Section 12.05 Course of Action When There is a Per-
ceived Conflict with Section 12.02, the
Declaration of Ethical Policy
ADMINISTRATION iii
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ADMINISTRATION
1.01
ARTICLE I
CITY COUNCIL
RULES OF PROCEDURE
Section 1.01 Authority
Pursuant to Article VII, Section 2 of the Charter of the
City of Arlington, the following rules shall be in effect
until such time as they are amended or new rules ar.i adopted
in the manner provided by these rules.
Section 1.02 General Rules
A. Meetings to be Publict Every regular, special or called
meeting of the City Council shall be open to the public,
M provided that meetings need not be open to the public
under the exceptions proscribed in Article 6252-17,
Vernon's.
' a. Quorum: A majority of the Council shall constitute a
quorum.
C. Compelling Attendance: The Council may compel the,
attendance of absent members.'
i
D. Misconduct: The Council may punish its own members for
misconduct.
E. Minutes: Accurate minutes of all proceedings of the
Council shall be kept by the City Secretary In books to
be provided for that purpose.
i
F. Right of Floor: Any member desiring to speak shall be
recognized by the chairman and shall confine his remarks
to the subject under consideration. No member shall be
allowed to speak more than once on any one subject until
every member wishing to speak has done so.
G. City Manager: The City Manager, or other duly appointed
person acting in his stead, shall attend all meetings of
the Council unless excused. Ile may make recommendations
to the Council and shall have the right to take part in
all discussions of the Council, but shall have no vote.
H. City Attorney: The City Attorney shall attend all
meetings of the Council unless excused, and shall advise
the Council on questions of law.
ARTICLE I-1
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E,
ADMINISTRATION
1.02
I. City Secretary: The
meetings of the Council1unlessrexcusedshaand shall keep
the official minutes and perform such other duties as
may be requested of her by the City Manager.
J. Officers and Employees: Officers or employees of the
City Manager, when requested by the City Manager, shall
attend any meeting of the Council. Upon his request,
they may present information relating to matters before
the Council.
K. Rules of Order: Unless in conflict with these rules,
Robert's Rules of Order Revised shall govern the
proceedings of the Council in all cases.
L. Suspension of Rules: Any provision of these rules not
govermad by the City Charter or State law, may be
tempovarily suspended by a two-thirds (2/3) vote of all
members of the Council. The vote on any such suspension
shall be taken and entered upon the records.
i
Amendments to Rules: These rules may be amended or new
M.
rules may be adopted by a majority vote of all members
of the Council. Any such amendments shall be adopted by
ordinance.
1 section 1,03 Meetings
nce
A. Regular Meetings: The Council shall meet regularly once
each week, and more often on the call of the Mayor,
regular meetings of thu Council shall be held in the
of each Chambers of the City Hall at 6:30 p.m., Tuesday
of each week, unless otherwise officially established by
the Council,
B. Special Meetings: special meetings may be cael.edd Mayo pro
Mayor or, in the event of his absence, by
Tem. Where possible, special meetings shall be
announced during a regular meeting. Otherwise, the call
and special meeting, including the day and hour of such
meeting, shall be given as much in advance of such
meeting as possible, and in any event notice thereof
shall be given in compliance with Article 6252-17,
V.A.C.S.
C. Recessed Meetings: Any meeting of the Council may be
recessed to a later time, provided that no recess shall
be for a longer period than until the next regular
meeting,
ARTICLE I-2
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ADMINISTRATION
1.02
1. City Secretary: The City Secretary shall attend all
meetings of the Council unless excused, and shall keep
the official minutes and perform such other duties as
4 may be requested of her by the City Manager.
J. Officers and Employees: Officers or employees of the
City Manager, when requested by the City Manager, shall
attend any meeting of the Council. Upon his request,
r they may present information relating to matters before
the Council.
K. Rules of Order: Unless in conflict with these rules,
Robert's Rules of order Revised shall govern the
proceedings of the Council in all cases.
L. Suspension of Rules: Any provision of these rules not
governed by the City Charter or State law, may be
temporarily suspended by a two-thirds (2/3) vote of all
` members of the Council. The vote on any such suspension
j shall be taken and entered upon the records,
M. Amendments to Rules: These rules may be amended or new
rules may be adopted by a majority vote of all members
of the Council. Any such amendments shall be adopted by
ordinance.
Section 1.03 Meetings j
A. Regular Meetings: The Council shall meet regularly once f~
each week, and more often on the call of the Mayor. The
regular meetings of the Council shall be held in the
' council Chambers of the City Hall at 6130 p.m,, Tuesday
of each week, unless otherwise officially established by
the Council,
B, Special Meetings: Special meetings may be called by the
Mayor or, in the event of his absence, by the Mayor Pro
Tem. Where possible, special meetings shall be
announced during a regular meeting. otherwise, the call
and special meeting, including the day and hour of such
meeting, shall be given as much in advance of such
meeting as possible, and in any event notice thereof
shall be given in compliance with Article 6252-17,
V.A.C.S.
C. Recessed Meetings: Any meeting of the Council may be
recessed to a later time, provided that no recess shall
be for a longer period than until the next regular
meeting.
ARTICLE I-2
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ADMINISTRATION
1.04
Section 1.04 Chairman and Duties
A. Chairman: The Mayor, if present, shall preside as
chairman at all meetings of the Council. The Chairman
may call any other member to take his place in the
chair, such substitution not to continue beyond adjourn-
ment. In the absence of the Mayor, the Mayor Pro Tom
shall preside. In the absence of both the Mayor and the
Mayor Pro Tem, the Council shall elect a chairman.
13. Call to order: The meetings of the Council shall be j
called to order by the Chairman.
C. Preservation of Order: The Chairman shall preserve
order and decorum, prevent personalities or the:
impugning of members' motives, and confine members in
debate to the question under discussion. During council
meetings, participants shall treat others with courtesy
and common decency and shall not attempt to interrupt,
embarrass, humiliate, berate, intimidate or personally
offend any person, shall not debate with persons testi-
fying and shall confine questions to the issues being
discussed. (Amend Ord 91-81, 8/20/91)
D. Points of Order: The chairman shall determine all
points of order, subject to the right of any member- to f
appeal to the Council. If any appeal is taken, the
question shall be "Shall the decision of the Chairman be
sustainect7"
E. Questions to be Stated: Itr,r,:edirt_oly prior to voting,
the Chairman shall state tho qu~stic, being submittedj
after voting, he shall antr.t cu t:to alt, A ro1L call
vote shall be taken upon rt;q;esL D!. nember.
Section 1.05 Order of Rusinrss
A. Agenda: The order of bur;ine:;s of e<<nh mc',ating shall be
as contained in the agend ; prep ~r by H-- City Manager.
The agenda shall be a ].i t,.nc7 by cuplr; (it subjects to be
considered by the Courctt arid ha.l.3. kse delivered to
members of the Council each pr r cep' 1ng the Tuesday
meeting to which it pertains.
B. Presentations by Members of Council: The agenda may
provide a time when the mayor or any Council member may
bring before the Council any business that he feels
should he conmtunicated to the Council.
ARTICLL 1-3
(Amend Ord 91-81, 8/1.0/91)
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ADMINISTRATION
1 1,05
1
E
C. Agenda Deadlines Any person desiring to present a
subject for the Council's consideration shall advise the
City Manager's office of that fact not later than 12:00
noon on the second Monday preceding the meeting at which
he wishes the subject to be considered; provided,
however, that the City Manager may grant exceptions to
said deadline.
D. Communication to Mayor and Council: Upon request, the
City Manager shall provide the Council with an oral or
written analysis of items to be acted upon by the
Council at its meeting.
Section 1.06 Consideration of Ordinances, Resolutions and
MoCions
A. Form: All ordinances and resolutions shall be teen prey nand
to the Council only in printed or type form
shall be. approved as to form and legality by the City
Attorney.
` H. Ordinances: All ordinances shall be passed in accor-
dance with the provisions of the City Chp.rter. j
C. Recording of Votes: Votes on all ordinances and resolu-
tions shall be taken by a show of hands or electronic
k tabulation and shall be entered upon the official record
I of the Council.
D. Subject: All ordinances and resolutions submitted for a
vote shall contain only one (1) subject,
E. Majority Vote Required: Unless specifically provided
otherwise, approval of every ordinance, resolution or
motion shall require the affirmative vote of a majority
of all members of the Council present and voting.
F. Tie Vote: In the event of a tie in votes on any motion,
the motion shall be considered lost.
G. Voting Required: No member shall be excused from voting
except on matters involving the consideration of his own
official conduct or where his financial interests are
involved or unless excused by the Council for other
valid reasons by majority vote.
H. Order of Precedence of Motionss The following motions
shall have priority in the order indicated:
ARTICLE I-4
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ADMINISTRATION i
1.05
C. Agenda Deadlinei Any person desiring to present a
subject for the Council's consideration shall advise the
city manager's office of that fact not later than 1200
noon on the second Monday preceding the meeting at which
he wishes the subject to be consideredt provided,
however, that the City Manager may grant exceptions to
said deadline.
D. Communication to Mayor and Council: Upon request, the
City Manager shall provide the Council with an oral or
written :,nalysis of items to be acted upon by the
Council at its meeting.
i
Section 1.06 Consideration of Ordinances, Resolutions and
s Mot one s
i
A. Form: All ordinances and resolutions shall be presented
to the Council only in printed or typewritten form and
shall be approved as to form and legality by the City
Attorney.
B. ordinances: All ordinances shall be passed in accor-
dance with the provisions of the City Charter,
C. Recording of Votes: Votes on all ordinances and resolu-
tions shall be taken by a show of hands or electronic
tabulation and shall be entered upon the official record
of the Council.
D. Subject: All ordinances and resolutions submitted for a
vote shall contain only one (1) subject,
i
E. Majority Vote Required: Unless specifically provided
otherwise, approval of every ordinance, resolution or
motion shall require the affirmative vote of a majority
of all members of the Council present and voting.
i
F. Tie Vote: In the event of a tie in votes or: any motion,
the motion shall be considered lost.
G. Voting Required: No member shall be excused from voting
except on matters involving the consideration of his own
official conduct or where his financial interests are
involved or unless excused by the Council for other
valid reasons by majority vote.
N. Order of Precedence of Motions: The following motions
shall. have priority in the order indicated:
ARTICLE I-4
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ADMINISTRATION
1,06
M O T I O N
-'1 I
1. To adjourn l'2 (cannot be amended)
t
U
N 2. To recessl j
D
E 3. To raise a question of privilege (cannot be
R amended)
E T
A
B 4. To lay on the table (cannot be amended
L
E 5. To move the previous question (2/3 vote
required, cannot be amended)
6. To limit or extend limits of debate (2/3 vote 8
required)
B
S
- I
D 7. To postpone to a certain time D
E I
B 8. To commit or refer A
A
T 9. To amend3
A
B 10. To postpone indefinitely (cannot be amended)
L
E 11. A main motion
Footnotes:
1. The first two (2) motions are not always privileged. To
adjourn shall lose its privilege character and be a main j
motion if in any way qualified. To take a recess shall
be privileged only when other business is pending. i
2. A motion to adjourn is not in order:
(a) when repeated without intervening business or
discuss
(b) when made as an interruption of a member while
speaking, or
(c) while a vote is being taken.
3. A motion to amend shall be undebatable when the question
to be amended is undebatable:
ARTICLE I-5
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ADMINISTRATION
1.06
i
I. Reconsideration: A motion to reconsider any action of
the Council can be made not later than the next succeed-
ing official meeting of the Council. Such a motion can
only be made by a member who voted with the majority.
It can be seconded by any member. unanimous shall be
twice reconsidered, except by unan consent of
Council, except that action relating to any contract may
be reconsidered at any time before the final execution
thereof.
J. The Previous Question (Close Debate): When a member
moves the previous question (to close debate), it shall
he put as follows
"Shall we vote on the question?"
debate, but pending
There shall then be no further
amendments shall be pit in their order before the main
1 question. Unless otherwise stated, this motion is
confined to the immediately preceding question. An
affirmative vote of two-thirds (2/3) of the Council is
required to move the previous question. the Council
is lost, the main question remains bef
i
for further debate.
If thee .s no
debaterorl call othecquestion shall aberhonoredt by lthe
Chairman without a vote. f
K. Withdrawal of Motions: A motion may ba until
modified by its mover without asking permission the motion has been stated by the Chairman. If the
mover modifies his motion, the seconder may withdraw his
nohas been r modify stated, it wi hout mover
second.
neither withdraw question
consent of the Council.
L. Amendments to Motions: No motion or proposition of a
subject different from that under consideration shall be
admitted under color of amendment. A motion to amend an
amendment shall be in order, but one to amend an amend-
ment to an amendment shall not be in order. -
M. Appropriations of Money: Before formal ip p o of by the
council of motions providing for approp
information must be presented to the Council showing the
purpose of the appropriation and the account to which It
is to be credited, In addition, before finally acting
on such an appropriation, the Council shall obtain a
report from the City Manager as to the availability of
ARTICLE, I-G
(
ADMINISTRATION
1.06
I. Reconsideration: A motion to reconsider any action of
the council can be made not later than the next succeed-
ing official meeting of the Council. Such a motion can
only be made by a member who voted with the majority.
It can be seconded by any member. No qu_ unanimous ti n shatl be
twice reconsidered, except by Council, except that action relating to any contract may
be reconsidered at any time before the final execution
thereof.
J. The Previous
close debate), it member
moves the previous t question (Close
be put as followst
"Shall we vote on the questions"
There shall then be no further debate, but pending
amendments shall be put in their order before the main
question. Unless otherwise stated, this motion is
confined to the immediately preceding question. An
i, affirmative vote of two-thirds (2/3) of the Council is
required to move the previous question. If the motion
is lost, the main question remains before the Council
for further debate.
If there is no objection, an informal request to close
debate or call. the question shall be honored by the
Chairman without a vote.
K. Withdrawal of Motionst A motion may be withdrawn or
modified by its mover without asking permission until
the moticn has been stated by the Chairman. If the
mover modifies his motion, the seconder may withdraw his
without mover
shall second. After wthe ithd aw question it nohas been r modify stated, the
i
consent of the Council.
L. Amendments to Motions: No motion or proposition of a
subject different from that under consideration shall be
admitted under color of amendment, A motion to amend an
amendment shall be in order, but one to amend an amend-
ment to an amendment shall not be in order. j
M. Appropriations of Money: Before formal approval by the
Council of motions providing for appropriation of money,
information must be presented to the Council showing the
purpose of the appropriation and the account to which it
is to be credited. In addition, before finally acting
on such an appropriation, the Council shall obtain a
report from the City Manager as to the availability of
ARTICLE I-6
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ADMINISTRATION
1,06
funds and his recommendations as to the desirability of
the appropriation.
N. Transfer of Appropriations: Upon the written recommen-
dation of the City Manager, the Council may, at any
time, transfer an unencumbered balance of an appro-
priatiun made for the use of one (1) department,
division or purpose to any other department, division or
purpose.
Section 1.07 Votes Required
Approval of every ordinance, resolution or motion shall
require the affirmative vote of a majority of all, members of
the Council present and voting, except when the City Charter,
State statutes or these rules impose other voting require-
ments. Questions on which the voting requirement is varied
by the City Charter, state statute or these rules are listed
below.
A. Charter and State Statutory Requirements:
I~ 1. Charter Amendment - 2,/3 Vote: Ordinances submit-
ting proposed City Charter Amendments must be
adopted by a two-thirds (2/3) vote of the Council.
2. Levying Taxes - 2/3 Vote: Ordinances providing for f
the assessment and collection of taxes require the
approval of two-thirds (2/3) of the members of the
Council.
3. Changing Paving Assessment - 2/3 Votes Changes in
plans for paving assessment require a two-thirds
(2/3) vote of the Council.
4. Amending Zoning Ordinance - 3/4 Vote: Changes in
zoning classifications where a hearing is held by
the Council, and such change is protested by owners
of twenty percent. (20%) or more of the area within j
two hundred feet (2001) of the affected property
must have the approval of three-fourths (3/4) of
all members of the Council.
5. Declaring Emergency - Unanimous Vote: In order for
an emergency to be declared it shall be necessary
that such measure be approved by the affirmative
vote of all the members of the City Council present
and voting.
ARTICLE 1-7
Ya.
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ADMINISTRATION
1.07
B. Council Rules Requirements:
1. suspending Rules - 2/3 Vote: Council rules may be
suspended by an affirmative vote of two-thirds
(2/3) of all members of the Council.
2. Limit or Extend Limits of Debate - 2/3 Vote¢ An
affirmative vote of two-thirds (2/3) of all members
of the Council is required to limit or extend the
limits of debate in Council meetings.
3, The Previous Question - 2/3 Vote: An affirmative
r vote of two-thirds (2/3) of all members of the
Council is required to move the previous question.
Section 1.08 Creation of Committees, Boards and
Commissions
A. Council Committees: The Council may, as the need
arises, authorize the appointment of "ad hoc" Council
committees, The Mayor shall appoint the members of the
Council committees, subject to the approval of the
Council. Any,committee so created shall cease to exist
upon the accomplishment of the special purpose for which
it was created or when abolished by a majority vote of
the council.
' i
B. Citizen Boards, Commissions, and Committees: The
council may create other Committees, Boards and
Commissions to assist in the conduct of the operation of
i the City government with such duties as the Council may
I specify that are not inconsi-'-ent with the City Charter
or the Code of the City of ..rlington, Texas. Member-
ships and selection., of members shall be as provided by
the Council unless specified by the City Charter or the
Code. Any such Committee, Board, or Commission shall
cease to exist upon the accomplishment of the special
purpose for which it was created, or when abolished by a
majority vote of the Council, unless otherwise provided
in the Code. No committee so appointed shall have 4
powers other than advisory to the Council or to the City
Manager, except as otherwise specified by the City
Charter, the Code or State law,
ARTICLE I-8
a
ADMINISTRATION
1,07
B. Council Rules Requirements:
1. Suspending Rules - 2/3 Vote: Council rules may be
suspended by an affirmative vote of two-thirds
(2/3) of all members of the Council.
2. Limit or Extend Limits of Debate - 2/3 Vote: An
affirmative vote of two-thirds (2/3) of all members
of the Council is required to limit or extend the
limits of debate in Council meetings,
3. The Previous Question - 2/3 Vote: An affirmative
vote of two-thirds (2/3) of all members of the
Council is required to move the previous question.
Section 1.08 Creation of Committees, Boards and
Commissions
A. Council Committees: The Council may, as the need
arises, authorize the appointment of "ad hoc" Council
committees, The Mayor shall appoint the members of the
Council committees, subject to the approval of the
Council. Any, committee so created shall cease to exist
upon the accomplishment of the special purpose for which
it was created or when abolished by a majority vote of
the Council.
B. Citizen Boards, Commissions, and Committees: The
Council may create other Committees, Boards and
Commissions to assist in the conduct of the operation of
the City government with such duties as the Council may
specify that are not inconsistent with the City Charter
or the Code of the City of Arlington, Texas. Member-
ships and selections of members shall be as provided by
the Council unless specified by the City Charter or the
Code. Any such Committee, Board, or Commission shall
cease to exist upon the accomplishment of the special !
purpose for which it was created, or when abolished by a
majority vote of the Council, unless otherwise provided
in the Code. No committee so appointed shall have
powers other than advisory to the Council or to the City
Manager, except as otherwise specified by the City
Charter, the Code or State law.
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ARTICLE I-8
ADMINISTRATION €I
ARTICLE II
APPOINTIVE OFFICERS
Section 2,01 General
There shall be appointed by a majority of the members of
the City Council, on the nomination of the Mayor or any
member of the City Council, a City Attorney# a Municipal
Judge or Judges, and Health Officer, any of whom may be
removed by a like majority vote of the said City Council at
the pleasure of said Council. From time to time, the Council
shall review the work done by and efficiency of all
appointive officers, and, when the City Council deems it
practical to secure more efficient service to the City, it
shall notify any appointive officers, and, when the City
Council deems it practical to secure more efficient service
to the City, it shall notify any appointive officer that his
services will terminate not less than 'thirty (301 days from
the date of said notice.
Section 2.02 City Manager
The City Manager shall hold office in accordance with
and shall perform the duties prescribed by the Charter of the
city.
Section 2.03 Payment Procedures
A, Warrants, Claims and Checks: No claim, warrant, or
order of any kind whatever that may be drawn on the City
Treasury shall be paid unless the same shall show upon
its face that the City Council directed its issuance and
for what purpose; any such claim, warrant, or order
shall be countersigned by the Mayor and signed by the
City Secretary and state upon what fund it is drawn;
provided, however, the signature of the Mayor and City
Secretary may be mechanically affixed by a check-signing
machine under the following conditions:
1. Only checks drawn for one of the following purposes
may be signed by a mechanical check-signing ma-
chine%
(a) expenditures for goods and/or services La the
annual operating budget as approved by the
City Council;
(b) expenditures for goods and/or services in a
Capital Improvement Program as approved by the
City Council; or
ADMINISTRATION-II-1
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ADMINISTRATION
(c) checks made payable to the City Depository for
the purchase of Certificates of Deposit to
facilitate the City's Investment Program.
26 Said signatures may be mechanically affixed-to said
checks only under the supervision of the City
Secretary and/or the Director of Finance, and if
either of said officials is not present then one of
th* following officials must be present the Tax
Assessor-Collector, the City Manager, or the
Director of, Public works.
8. Moneys for Deposits Hereafter, it shall be the duty of
all officers 'collecting money frcm any person belonging
to the City of Arlington, to promptly pay the same to
the City showing when such collection was made, and when
deposited.
C. Penaltyi Any officer who shall fail to comply with the
provisions of the foregoing Section or shall hold any
money in his'hands after his report of the collection of
same shall have bean made to the City Council shall be
deemed guilty of misconduct in office, and may, in the
discretion of the Council, be removed from office.
t
Section 2.04 Collection of Taxes
The City Tax Assessor-Collector shall be appointed by
the City Manager. He shall give bond as Assessor-Collector
of taxes payable to the City of Arlington in the amount
provided by law with good and sufficient sureties to be
approved by the City Council and conditioned for the faithful
performances of the sureties of his office in accordance with
the Charter and ordinances of the City of Arlington.
i
ADMINISTRATION-II-2
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ADMZrizSTRATZON
{c~ checks made payable to the City Depository for
the purchase of Certificates of Deposit to
facilitate the City's Investment Program.
2. Said signatures may be mechaaically affixed- to said
checks only under the supervision of the City
Secretary and/or the Director of hinance, and if
either of said officials is not present than one of
the following officials must bed present
ore tTax
he
Assessor-Collector:, the City
Director of Public Works.
I B. Moneys for Deposits Hereafter, it shall be the duty of
all officers 'collecting money from any person belonging
to the City of Arlington, to promptly pay the same to
the City showing when such collection was made and when
deposited.
C. Penalty: Any officer who shall fail to comply with the
provisions of the foregoing Section or shall hold any
money in his'hands after his report of the collection of
same shall have been made to the City Council shall be
deemed guilty of misconduct in office$ and may, in the
discretion of the Council, be removed from office.
Section 2.04 Collection of Taxes
The City Tax Assessor-Collector shall be appointed by
the City Manager. He shall give bond as Assessor-Collector
of taxes payable to the City of Arlington in the amount
provided by law with good and sufficient sureties to
approved by the City Council and conditioned for the faithful
performances ~.,f the sureties of his office in accordance with
the Charter and ordinances of the City of Arlington.
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ADMINISTRATION
3.01
ARTICLE III
BOARDS, COMMISSIONS AND DEPARTMENTS
Section 3.01 General
A. Appointments Wherever in this Code provision is made
for the appointment of persons advisory boards
made
commissions of the City, said appointment
by the Mayor with the consent of a majority of the City
con-
Council, notwithstanding other provisions to the
trary, unless State law or the City Charter p ovine
otherwise.
B. Terms: Wherever in this Code provision is made for the
appointment of persons to advisory boards and com-
missions of the City, notwithstanding other provisions
to the contrary, the terms of office of persons so
appointed shall be deemed to extend to and terminate on
the 30th day of. June of the year in which said appoint-
ment is provided to expire, but in any event shall
extend until their successors are appointed, qualify and
f take office.
i
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Section 3.02 Libraries f
I
There shall be a department of City government to be
known as the Library Department, Said department shall be
under the supervision of the Director of Librarias, who shall
be appointed by the City Manager and who shall be responsible
to the City Manager in the conduct of the affairs of said
department. (Amend Ord 91-11, 1/29/91)
Section 3.03 Library Board
A. Establishment, There shall be a Board of Trustees of.
the Arlington Public Library system (hereafter, referred
to as the Board) consisting of nine (9) members
appointed by the Mayor with the approval of the City
Council. Said members shall be residents of the City of
Arlington. The Board shall conduct its business under
such rules and regulations as it may prescribe.
B. Objective. The Board shall serve in an advisory capaci-
ty to the City Council and library administrative staff
concerning policies and matters related to the library
services of the City. The Board's role shall be adviso-
ry with respect to policy recommendations and the Board
ARTICLE III-1
(Amend Ord 91-11, 1/29/91)
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ADMINISTRATION
3.03
I
shall have no administrative duties or authority.
(Amend Ord 91-11, 1/29/91)
C. Membership and Vacancies. Members shall serve for a
term of three (3) years from the first day of July of
the year of their appointment. Vacancies on the Board
shall be filled in the same manner as hereinabove
prescribed, and vacancy appointments shall be for the
duration of the term of the position being vacated,
D. Attendance. Each member shall attend all official
meetings of the Board unless excused by the chair. If
any Board member accrues three (3) consecutive absences,
whether excused of unexcused , or fails to attend more
than one-half of the regularly scheduled Board
meetings in any twelve (12) month period, it will be
brought to the attention of the City Council for consi-
deration of that person's continued service on the
Board,
E. Organization, The Board shall inc?.ude a chairperson, a
vice-chairperson and a secretary, each of whom shall be
elected by a majority of the Board.
F. Duties.
1. The Chairperson shall: ` f
a. Call meetings of the Board at such times and
places deemed necessary for the conduct of its
business.
{ b. Preside at all meetings and direct and guide
the activities of the Board,
C. Appoint chairpersons and members to serve on
standing committees established by the Board.
i
d. Appoint additional committees of the Board as
deemed necessary,
e, Serve &s ex-officio member of all Board
Committees,
f. Represent the Board to the City Council and
the administrative staff.
g. Serve as spokesperson of the Board to the
Director of Libraries.
ARTICLE III-2
(Amend Ord 91-11, 1/29/91)
7
ADMINISTRATION
3,03
shall have no administrative duties authority,
(Amend Ord 91-11, 1/29/91)
C. Membership and Vacancies. Members shall serve for a
term of three (3) years from the first day of July of
the year of their appointment. Vacancies or. the Board
shall be filled in the same manner as hereinabove
prescribed, and vacancy appointments shall be for the
duration of the term of the position being vacated.
D. Attendance. Each member shall attend all official
mee-lngs of the Board unless excused by the chair. If
any Board member accrues three (3) consecutive absences,
whether excused of unexcused , or fails to attend more
than one-half (3) of the regularly scheduled Board
meetings in any twelve (12) month period, it will. be
p brought to the attention of the City Council for consi-
deration of that person's continued service on the
Board.
E. Organization. The Board shall include a chairperson, a
vice-chairperson and a secretary, each of whom shall be
elected by a majority of the Board.
F. Duties.
1. The Chairperson shall;
a. Call meetings of the Board at such times and
places deemed necessary for the conduct of its
business.
b. Preside at all, meetings and direct and guide
the activities of the Board,
C. Appoint chairpersons and members to serve on
standing committees established by the Board.
d. Appoint additional committees of the Board as
deemed necessary.
e. Serve as ex-officio member of all Board
Committees.
f. Represent the Board to the City Council and
the administrative staff.
g. Serve as spokesperson of the Board to the
Director of Libraries.
ARTICLE III-2
(Amend Ord 91-11, 1/29/91)
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ADMINISTRATION
3.03
i
h. serve as spokesperson of the Board to the
media.
2. The Vice-Chairperson shall:
a. Preside in the absence of the chairperson.
b. Fulfill such duties as assigned by the chair-
person.
r
k 3. The Secretary shalli
a. Record the minutes of the Board meetings.
b. Distribute a typed copy of the minutes to the
Board members for approval.
4. The Board may establish such standing committees as
it deems necessary to carry out its duties.
5. As an advisory board to the City Council, the
Board's duties shall include but are not limited to
` - the following:
a. Act in an advisory capacity to the City
Council in all matters pertaining to the
library program.
r
' b. Study and encourage development of adequate
library facilities for city residents.
C. Recommend policies on library services to the
City Council.
d. Advise in the coordination of library service
with programs of appropriate agencies and
organizations.
e. Assist in interpreting the policies and
functions of the library to the public.
f. Make recommendations to the City Council for
the appointment and reappointment of members
to the Library board,
t
g. Make recommendations to the City Council, City
Manager and Director of Libraries concerning
operating policy of the library, long-range
capital improvement planning and policy and
the purchase of books, journals, publications
and other materials.
ARTICLE III-3
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h. Act in concert with the Director of Libraries
and the Library staff for the betterment of
library services. (Amend Ord 91-11, 1/29/91)
Section 3.04 Convention and Visitors Bureau
There shall be a department of City government to be
known as the Convention and Visitors Bureau. Said department
shall be under the supervision of a Director, who shall be
appointed by the City Manager, and who shall be responsible
to the City Manager in the conduct of the affairs of said
department.
Section 3,05 Convention and Event Services Advisory Board
A, Establishment. There shall be an Arlington Convention
and Event Services Advisory Board, hereafter referred to
as the Board, consisting of twelve (12) members appoint-
ed by the Mayor with the approval of the City Council.
The Board shall conduct its business under such rules
and regulations as it may prescribe. (Amend Ord 89-96,
8/22/89)
B. Objective. The Board shall serve in an advisory capa-
city to the City Council and administrative staff
concerning policies and matters related to the promotion
E of tourism, convention and convention center activities
in the City. The Board's role shall be advisory with
j respect to policy recommendations, and the Board shall
have no administrative duties or authority.
I
C. Membership. Members shall serve in Places 1 through 12
for a term of two (2) years from the first day of July
of the year of their appointment. Members appointed to
even numbered places shall be appointed in even numbered
years and members appointed to odd numbered places shall
be appointed in odd numbered years. Membership of the
Board should generally include a representative from
each of the following areas: (1) the hotel/motel
industry, (2) the attractions industry, (3) the travel
industry and (4) the University of Texas at Arlington.
The remaining representatives shall be from business,
professional, community and civic sectors. (Amend Ord
90-33, 3/27/90)
D. Attendance. Each member shall attend all official
meetings of the Board unless excused by the chair. If
any Board member accrues three (3) consecutive absences,
whether excused or unexcused, or fails to attend more
than one-half of the regularly scheduled Board
ARTICLE III-4
(Amend Ord 91-11, 1/29/91)
t
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ADMINISTRATION
3.03
h. Act in concert with the Director of Libraries
and the Library staff for the betterment of
library services. (Amend Ord 91-11, 1/29/91)
Section 3.04 Convention and Visitors Bureau
There shall be a department of City government to be
known as the Convention and Visitors Bureau. Said department
shall be under the supervision of a Director, who shall be
appointed by the City Manager, and who shall be responsible
to the City Manager in the conduct of the affairs of said
department.
Section 3.05 Convention and Event Services Advisory Board
A. Establishment. There shall be an Arlington Convention
and Event Services Advisory Board, hereafter referred to
as the Board, consisting of twelve (12) members appoint-
ed by the Mayer with the approval of the City Council.
The Board shall conduct its business under such rules
and regulations as it may prescribe. (Amend Ord 89-96,
8/22/89)
B. objective, The Board shall serve in an advisory capa-
city to the City Council and administrative staff
concerning policies and matters related to the promotion;
of tourism, convention and convention center activities
in the City. The Board's role shall be advisory with
respect to policy recommendations, and the Board shall
have no administrative duties or authority.
C. Membership. Members shall servo in Places 1 through 12
for a term of two (2) years from the first day of July
of the year of their appointment. Members appointed to
even numbered places shall be appointed in even numbered
years and members appointed to odd numbered places shall
be appointed in odd numbered years. Membership of the
Board should generally include a representative from
each of the following areas: (1) the hotel/motel
industry, (2) the attractions industry, (3) the travel
industry and (4) the University of Texas at Arlington.
The remaining representatives shall be. from business,
professional, community and civic sectors. (Amend Ord
90-33, 3/27/90)
D. Attendance. Each member shall attend all official
meetings oof the Board unless excused by the chair. If
any Board member accrues three (3) consecutive absences,
whether excused or unexcused, or fails to attend more
than one-half of the regularly scheduled Board
ARTICLE III-4
(Amend Ord 91-11, 1/29/91)
ADMINISTRATION
3.05
meetings in any twelve (12) month period, it will be
brought to the attention of the City Council for corsi-
' deration of, that person's continued service on the
Board.
i
E. Vacancies. Vacancies on the Board shall be filled in
the same manner as hereinabove prescribed, and vacancy
appointments shall be for the duration of the term of
f the position being vacated.
F. OAani~zation. The Board shall include a chairperson to
be designated by the City Council and a vice-
chairperson, to be elected by a majority of the Board,
G. Duties.
I 1. The chairperson shall:
a. call meetings of the Board at such times and
places deemed necessary for the conduct of
business.
b. Preside at all meetings and direct and guide
the activities of the Board.
-c, Appoint chairpersons and members to serve on
standing committees established by the Board.
d. Appoint additional committees of the Board as
deemed necessary.,
e. Serve as ex officio member of all Board
committees.
f. Represent the Board to the City Council and
the administrative staff.
g. Serve as spokesperson of the Board to the
Director of Convention and Event Services.
h. Serve as spokesperson of the Board to the
media.
2. The vice-chairperson shall:
a. Preside in the absence of the chairperson,
b. Fulfill such duties as assigned by the chair-
person, -
ARTICLE III-5
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ADMINISTRATION
3.05
H. Committees. The Board may establish such standing
committees as it deems necessary to carry out its
duties.
I. Responsibilities, As an advisory board to the City
Council, the Board's duties shall include but are not
limited to the following:
1. Review of the Convention and Event Services annual
budget.
2. Review of Convention center's Booking Policy.
3. Review of Convention and Event Services Marketing
Plan.
4. Review of Convention and Event Services goals and
objectives,
5. Acting as representatives of and ambassadors to the
community in advising the Mayor and City Council on
policies and goals related to convention and event
services in Arlington.
6. Encouraging citizen participation in promoting
tourism and convention activities in Arlington. r
7. Acting cn such other matters as may be assigned or !
1 deemed appropriate by the City Council. (Amend Ord
87-190f 12/15/87)
section 3.06 Special Transportation Advisory Board
There shall be a Special Transportation Advisory Board
of five (5) members appointed by the Mayor with the approval
of the City Council. Said members shall be citizens of the
City of Arlington. Members shall serve for a term of two
years from the let day of July of the year of their appoint-
roent., Vacancies on the Board shall be filled in the same
manner as hereinabove prescribed, and vacancy appointments
shall be for the duration of the term of the position being
vacated. The Special Transportation Advisory Board shall
serve in an advisory capacity concerning special transporta-
tion services of the City. The Board shall conduct its
business atsuch times Then Boardeshallhbe rules and presided regulations
as it may prescribe.
(1) of its members, w shall Council asch irmanat the timeof the members' appointment.
ARTICLE III-6
(Amend Ord 87-190, 12/15/871
i
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ADMINISTRATION
3.05
The Board may establish such standing
H. Committees. necessary to carry
comet ttees as it deems
duties.
t City
I, Rpsponsib he advisory board to
include but are not
Council,
limited to the followings
1. Review of the Convention and Event Services annual
budget.
2. Review of Convention Center's Booking Policy.
nvention and Event Services Marketing
C , Review of Co
3
plan.
4. Review of Convention and Event Services goals and
objectives. of an amasSAr%rs to he
5. Acting as representati he MayordandbCi*.ydCounciltOn
community in advising
policies and goals related to convention and eva.nt
services in Arlington.
6. Encouraging citizen participation in promoting
tourism and convention activities in Arlington.
on such other matters as may be assigned or
7, Acting appropriate by the City Council. (Amend Ord
deeme d f'
87-190, 12/15/87)
Section 3.06 S ecial Transportation Advisory Board
Special Transportation Advisory Board
There shall be a the Mayor with the approval
of five (5) members appointed by
of the City Council. Said members shall be citizens of the
of two (2)
City of Arrington. Members shall serve for a ter irappoint-
years from the 1st day of July of the year of the
meat.. Vacancies on the Board shall be filled in the same
manner as hereinabove prescribed, and vacancy appointments
position being
shall be for the duration of the term of the Board shall
vacated. The Special Transpoconcerningdspecial transporta-
terve in an advisory capacity
, The Board shall conduct its
ons
ion services of the City.
business at such times and under such rule sad d regulations
as it may prescribe. The Board shall be pr the City
(1) of its members, who shall be designated by appointment.
Council as Chairman at the time of the members' appoi
ARTICLE III-6
(Amend Ord 87-1900 12/35/87)
1 •f
_ gMWVI
ADMINISTRATION 3.07
i
Section 3.07 Additional Boards and Commissions
Additional Boards and Commissions are appointed by the
Council, and the membership and duties of these Boards and
Commissions are described in other sections of the Code. The
additional Boards and Commissions are as £ollowsi
i A. Building Code Board of Appeals - Construction Chapter,
3 Article II.
B. Electrical Code Board of Appeals - Electrical Chapter, F
Article III.
C. Hospital Authority - Health Chapt?r, Article III. I
D. Housing Authority - Uniform Housing Chapter, Article II.
E. Mechanical Code Board of Appeals - Mechanical Chapter,
Article II.
I i
F. Park and Recreation Board - Parks Chapter, Article II.
G. Planning and Zoning Commission - Zoning Chapter, Article
XVI.
H. Supervising Board of Plumbers - Plumbing Chapter,
Article II.
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ARTICLE III-7
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ADMINISTRATION
4.01
ARTICLE IV
PUBLIC DOCUMENTS
.Section 4.01 Definitions
Active records shall mean those City records in current use
w c must retained in a City department because frequent
reference is necessary in the conduct of the day-to-day
operations.
City Department shall mean any City department or agency
which Is under the control and administration of the City
Manager, as provided in the City Charter, but shall not
include the office of the City Secretary or the City Attor-
ney.
City records shall mean all papers, correspondence, memoran-
da, accounts, reports, maps, plans, photographs, sound
recordings, files, microfilm, microphotograph, magnetic or
paper tape, digitized documents, punched card or other
documents, regardless of physical form or characteristic,
which have been or shall be created, received, filed or
recorded by any (:ity of:.ce or department or its lawful
successor or offidr,als thereof in pursuance of law or
ordinance or in the conduct, transaction or performance of
any business, duty o): function of public business, whether or
not, confidential or restricted in use, are hereby declared to
be records of the City of Arlington, Texas, and shall be
created, maintained and disposed of in accordance with
provisions of this ordinance and procedures authorized by it
and in no other manner.. Library and museum materials
acquired solely for reference, exhibit or display and stocks
of publications shall not constitute records for purposes of
this Ordinance.
Criminal Justice Records shall mean all records generated,
mainta ne and or accessed by the Police Department relating
to the report or commission of a criminal offense or other
violation of law, statute or ordinance, or the arrest of an
individual, including but not limited to: offense/ incident/
accident reports, supporting documents for said reports,
criminal history information, criminal intelligence informa-
tion, fingerprints, "muq" shots and data entered into the
computer-aided dispatch system relating to law enforcement
activity.
Departmental Records Liaison shall mean a person or person in
a City department who she 1 be designated by the department
ARTICLE IV-1
(Amend Ord 89-10, 1/17/89)
t
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ADMINISTRATION
4.01
director to act as his agent in the issuance and certifi-
cation of copies of records of such department.
Departmental Records Custodian shall mean a director of a
City department or his es gnee who is responsible for
ensuring the integrity and safety of the records of his
department.
City Council Records Custodian shall mean the City Secretary
who is responsible or enaur ng the integrity and safety of
the records of the City Council.
Electronic Store a shall mean the storage of records on a
magnetic medium. Typically, this is a write-once read-many
(WORM) process such as optical disk storage.
Inactive records shall mean those records in a City depart-
ment which are seldom referred to but which must be retained,
temporarily or permanently, bacause of legal, fiscal, admin-
istrative or archival value.
Index shall mean a list describing the items of a collection
and where they may be founds a catalog.
Micro#i shall mean a film containing photographic rocords j
or ages considerably reduced in size from the original
material filmed.
~ Microform shall mean any medium containing micro-images, i.e.
re u~ cmages, such as microfiche, 16 mm rolJ, microfilm, 35 '
mm aperture card.
Microform record shall mean any record preserved In one of
the various ormats of microfilm.
Micrographics shall mean the art of reducing any form of
information to a microform mediums also termed microphoto-
graphy or microfilming.
Municipal records shall moan all records, whether of public
or private origin, housed in the City departments and admin-
istered by such departments.
Nonrecords shall mean all material not usually included
w the in the definition of records, such as 'unofficial or
additional copies of documents that are kept only for conve-
nience or reference, stocks of publications and processed
documents, library or museum material intended solely for
reference or exhibition, and material with short-term value.
ARTICLE IV-2
(Amend Ord 89-10, 1/17/89)
i f
R
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ADMINISTRATION
~ 4.01
i
director to act as his agent in the issuance and certifi-
cation of copies of records of such department.
Da ertmental Records Custodian shall mean a director of a
City department or his designee who is responsible for
ensuring the integrity and safety of the records of his
department.
City Council Records Custodian shall mean the City Secretary
who is responsible for ensuring the integrity and safety of
the records of the City Council.
Eleetron'e Storage shall mean the storage of records on a
magnetic medium. Typically, this is a write-once read-many
(WORK) process such as optical disk storage.
Inactive records shall mean those records in a City depart-
went w ch are seldom referred to but which must be retained,
temporarily or permanently, because of legal, fiscal, admin-
istrative or archival value.
Index shall mean a list describing the items of a collection
an where they may be founds a catalog.
Microfilm shall mean a film containing photographic records
orimages considerably reduced in size from the original
material filmed.
Microform shall mean any medium containing micro-images, i.e.
re uced ges, such as microfiche, 16 mm roll microfilm, 35
mm aperture card.
Microform record shall mean any record preserved in one of
t e various formats of microfilm.
Micrographics shall mean the art of reducing any form of
1-n formation to a microform medium; also termed microphoto-
graphy or microfilming.
Municipal records shall mean all records, whether of public
or origin, housed in the City departments and admin-
istered by such departments.
Nonreaords shall mean all material not usually included
w in the definition of records, such as 'unofficial or
additional copies of documents that are kept only for conve-
nience or reference, stocks of publications and processed
documents,' lik~rary or museum material intended solely for
reference or exhibition, and material with short-term value.
ARTICLS IV-2
(Amend Ord 89-100 1/17/89)
ADMINISTRATION
4.01
Ori inal ubLic records shall mean that portion of all
documents, eat copied ngt sl or t developed materials which contains
printed, nfo
public Vernon's iAnnortated nCivil Statutes of Texas. 6252-17a of
Office of Records Mana ement shall mean that office in the
General Serv ees Div a on of the Support
which is created by and charged with the administration of
the City Records Ordinance.
Records Center Technician shall mean a person within the
(Mice of Records Management who is charged with the respon-
records to the ngco ds transfer and disposition of
sibilit of
inacti
e c,
Records Mana er shall mean a positiRecordsiOrdinanc9giwhich
Recor s Management, created by
Is charged with the responsibility of management of City
records from their creation to their ultimate disposition,
including creation, active use, inactive storage, retention
and destruction and related duties.
Section 4.02 Policy and Purpose
It is hereby declared to be the policy of the City of
Arlington, Texas, to provide for efficient, economical and
effective controls over the creation, distribution, organi-
zation, maintenance, use and disposition of all City Records
through a comprehensive system of integrated procedures for
the management of records from their creation to their
ultimate disposition. Sections 4.10 through 4.22 apply only
to records of City departments and agencies which are under
the control and administration of the City Manager, as provi-
ded in Article IX of the City Charter, and are not to Oe
applied to records of the City and controllofrthe Creciords which
Secretary
are under the care, custody an
or the City Attorney.
Section 4.03 City Records Declared PubLic Property
All City records as defined in Section 4.01 of this
Article are hereby declared to be property of the City of
Arlington, Texas. No City official or personal property se by
virtue of his or her position., any P right
to such records even though he or she may have developed or
compiled such records. The unauthorized destruction, removal
from files or use of such records iz prohibited.
ARTICLE IV-3
(Amend Ord 89-100 1/17/89)
~
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ADMINISTRATION
4.04
Section 4.04 Public Use or Distribution
The custodian of any records of the City shall make the
came available for public examination and/or reproduction in
accordance with and to the extent required by the provisions
of Article 6252-17a, V.T.C.S.
Section 4.05 Schedule of Fees
The schedule of fees and charges determined to be the
reasonable costs of reproducing the herein-named or desig-
nated public documents shall be established by resolution of
the City council, and the same shall be collected by the
departmental records custodian of records upon the distribu-
tion of said documents to members of the public.
Section 4.06 Research
When a request for public information under Article
` 6252-17a, V.T.C.S., requires independent research or compila-
tion on the part of City employees, the rates to be charged
shall be in conformity with Section 4.05 above.
,I
11 Section 4.07 Police Department Documents
Charges made by the Police Department of the City of
Arlington shall be in conformity with Section 4.05 above.
Section 4.08 Municipal Court Clerk Charges
Charges made by the Municipal Court Clerk of the City of
Arlington shall be in conformity with Section 4.05 above.
Section 4.09 Custody of City Council Records and Official
Papers
The City Secretary is hereby declared to be the custodi-
an of the records of the C+ty Council of the City provided,
that the Departmental Records Custodian of various depart-
ments of the City government shall protect and preserve all
records held in their custody and control in the ordinary
course of business.
ARTICLE IV-4
(Amend Ord 89-10, 1/17/89)
1
ADMINISTRATION
4.04 1
Section 4.04 Public Use or Oiatribution
The custodian of any records of the City shall make the
same available for public examination and/or reproduction in
accordance with and to the extent required by the provisl,ons
of Article 6252-17a, V.T.C.S.
Section 4.05 Schedule of Fees
The schedule of fees and charges determined to be the
reasonable costs of reproducing the herein-named or des1g-
nated public documents shall be established by resolution of
the City Council, and the same shall be collected by the departmental records custodian of records upon
the distribu-
tion of said documents to members of the public.
Section 4.06 Research
when a request for public information under Article
16252-17a, V.T.C.S., requires independent research or compila-
-tion on the part of City employees, the rates to be charged
shall be in conformity with Section 4.05 above.
Section 4.07 Police Department Documents
Charges made by the Police Department of the City of
Arlington shall be in conformity with Section 4.05 above.
Section 4.08 Municipal Court Clark Charges
Charges made by the Municipal Court Clerk of the City of
Arlington shall be in conformity with Section 4.05 above.
Section 4.09 Custody of City Council Records and Official
Pa erg
The City Secretary is hereby declared to be the custodi-
an of the records of the City Council of the City provided,
various
that the he City government Rs shaCustodian ll protect of
meats of the City
records held in their custody and control in the ordinary
course of business.
ARTICLE IV-4
(Amend Ord 89-10, 1/11/89)
T_
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ADMINISTRATION
4.10
Section 4.10 Office of Records Management Established
There is hereby established an Office of Records Manage-
ment. The Records Manager, General Services Manager and the
Support Services Director are responsible for directing the
office and coordinating records management operations among
the City departments.
Section 4.11 Position of Records Manager Established
A City Records Manager shall be appointed by the General
Services Manager (or person designated by the City Manager to
fulfill those duties), who shall administer the Office of
Records Management and shall be responsible for City-wide
files management and records disposition, program direction,
guidance, and technical assistance, The Records Manager
k ; shall report to and be responsible to the General Services
Manager. The Records Manager shall have the vested authority
of the City Manager to ensure compliance of this Ordinance
and related policies.
{ Section 4.12 Duties of Records Manager
The Records Manager shall have the following duties, and
others as assigned by the General Services Managerr however,
duties assigned shall be limited to records management 1
activities.
A. Planning, formulating and prescribing basic files
management and records disposition policies, systems,
standards and procedures.
a. Preparing records schedules for all city offices and
departments, defining and identifying vital and perma-
nent records and establishing retention periods for all
records. Retention periods with consideration of the
needs of the originating department shall be as long as
deemed necessary by either the Records Manager or the
City Attorney.
C. Reviewing schedules annually and update or change as
needed.
D. Coordinating the City-wide files management and records
disposition programs.
E. Providing records management advice and assistance to
all City offices and departments, by preparation of
ARTICLE W-5
(Amend Ord 69-10, 1;17/991
i
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ADMINISTRATION
4.12
manuals or procedures and policies and 'by on-site
consultation.
g. Developing, analyzing and coordinating files Maintenance ~
and records disposition procedures, including but not
the icurrent and long-term information needs f the City.
G. Carrying out at the proper time actions such as micro-
filming, destruction and transfers which are required by
record schedules.
H. Reviewing departmental requests for records management
equipment.
1. Protect privacy and assure availability of public
information from records stored in records centers bring
to attention of General Services Manager any office not
accesptoainformation aor protection of prix cy. public
i
Section 4.13 Responsibilities of City Department Heads
r - f
I. All City department heads are responsible for implemen-
tation and operation of effective files management, records
transfers and dispooitions and other activities in accordance
with the provisions of his sOrdinance,
designate within
q al fi d aRecords
t responsibility. They y
j Liaison within their offices and provide the Records Manager
the name of such designee and of all file stations and files
custodians under their supervision. It shall be the respon-
as Recors
provided Custodian
for d in ntUs ensure each re Chapter.
sibility cord is the microfilmed Deparental
Section 4.14 Responsibilities of Records Liaison
The Records Liaison in each office and department is
responsible for providing coordination between the Records
Manager--and personnel in the Records Manager's office to
ensure that provisions of this Ordinance and policies and
procedures adopted pursuant to it are complied Lwith. ication hiE
responsibility shall include overseeing the app
tment
o retention schedules within the saidpre
and coordinating the disposition and transfer of cords
to the Records Center.
i
ARTICLE TV-6
(Amend Ord 89-10, 1/11/89)
is
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ADMINISTRATION
4.12
manuals or procedures and policies and 'by on-site
consultation.
r. Developing, analyzing and coordinating files maintenance
and records disposition procedures, including but not
limitc~i to those prescribed by this Ordinance, to most
the current and long-term information needs of the City.
G. Carrying out at the proper time actions such as micro-
filming, destruction and transfers which are required by
record schedules.
H. Reviewing departmental requests for records management
equipment.
I
1. Protect privacy and assure availability of public
information from records stored in records contort bring
to attention of General Services Manager any office not
in compliance with laws or ordinances regarding public
I access to information or protection of privacy.
Section 4.13 Responsibilities of City Department Heads
All City department heads are responsible for implemen-
tation and operation of effective files management, records
transfers and dispeaitions and other activities in accordance
with the provisions of this Ordinance, within their areas of
responsibility. They shall designate a qualified Records
Liaison within their offices and provide the Records Manager
the name of such designee and of all file stations and files
custodians under their supervision. It shall be the respon-
sibility of the Departmental Records Custodian to ensure that
each record is microfilmed as provided for in this Chapter.
Section 4.14 Responsibilities of Rolcords Liaison
The Records Liaison in each office and department is
responsible for providing coordination between the Records
Manager-,and personnel in the Records manager's office to
ensure that provisions of this Ordinance and policies and
procedures adopted pursuant to it are complied with. This
responsibility shall include overseeing the application of
records retention schedules within the office or department
and coordinating the disposition and transfer of said records
to the Records Center.
ARTICLE IV-6
(Amend Ord 89-10, 1/17/89)
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ADMINISTRATION
4.13
Section 4.15 City Offices To Use Records Schedules
A. All City offices and departments shall adopt Records
Retention Schedules and destroy, transfer or otherwise
dispose of records only according to such schedules.
Retention periods to be included in schedules shall be
submitted by the Records Manager to the City Attorney,
who shall notify the Record:j Manager of the City Attor-
ney's approval of or obje.11on to a retention period.
If objection is made, the Records Manager shall deter-
mine a retention period satisfactory. to the office
concerned and to the City Attorney,
a. When a retention schedule is adopted, it shall thence-
forth constitute full authority to destroy, transfer,
microfilm or take other actions, and the City Council
hereby directs that such action be taken by the Records
Manager or under his supervision. The Records Manager
j shall notify the state Library- of intended destruction,
as required by law, but no further notice to the City
Council or other City office shall be required.
C. Revision of retention periods shall be submitted for
rdview by the City Attorney in the snare manner as the
original retention periods.
C
Section 4.16 One-time Destruction Of Obsolete Records
Prior to adoption of schedules for an office, a one-time
destruction of accumulated obsolete records of that office
may be made by or under the supervision of the Records
Manager. Prior to such destruction, the Records Manager
shall submit lists of records to be destroyed to the City
Attorney who shall give notice within thirty (30) working
dayss of any records they believe should not be destroyed, and
such records shall be retained for a period suggested by the
City Attorney. The Records Manager shall submit notice as
required by law to the State Library. Obsolete records shall
include those no longer created by the office or department
and no longer, needed for administrative, legal, fiscal or
other research purposes.
Section 4.17 Destruction of Certain original Municipal
i
Pu c Records
A. Original municipal records which are located in City
departments and are microfilmed in compliance with this
Article may b4; <'estroyed as directed by the City Counc41
with the advice and consent of the City Attorney, unloss
ARTICLE IV-7
(Amend Ord 89-10, 1/17/89)
i
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a
a
ADMINISTRATION
4.17
II
F otherwise required by federal or state law, provided
that notice of proposed destruction or disposition of
these given toithea State i Library or State Archivist, fandt, if
such records are, in his opinion, needed for the State
' T,,ibrary, the records shall be transferred thereto.
I
a. Any original municipal public record, the subject matter
of which is in litigation, may not be destroyed unless
such litigation is final and the City Attorney certifies
P the record is not needed.
C. Original municipal public records which are not micro-
filmed in compliance with this Article or which are
determined worthless by the City Council may be de-
stroyed as directed by the-City Council, provided that
notice of proposed destruction or disposi,4ion of those
to the original municipal
or State dArchivist i and, b if given
records are, in his opinion, needed for the State
Library, the records shall be transferred thereto.
Section 4.18 Destruction of Certain Other Municipal Records
A. Municipal records in City departments other than those
records defined in this Article as original public
records may be disposed of upon approval of the Records
Manager in the Office of Records Management and the
department custodian of such records in the City depart-
ment.
8. Notice of proposed destruction or disposition of all
nonpublic municipal records, including records series
titles, description, inclusive of dates and volumes,
shall first be given to the Records Manager in the
Office of Records Management, and said proposed destruc-
tion shall be subject to approval by the Office of
Support Services and in compliance with established
record retention schedules.
Section 4.19 Records Center
Tho Records Manager shall design a Records Center
operation, which shall provide economical storage of records
no longer required to be kept in active office space. The
Records Center operation shall utilize one or more buildings
to ensure security of records from deterioration, theft, or
damage during the period of storage and to permit fast
efficient retrieval of information from stored records. An
ARTICLE IV-8
(Amend Ord 89-100 1/17/89)
i
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P{
ADMINISTRATION
4.17
otherwise required by federal or state law, provided
that notice of proposed destruction or disposition of
those original municipal public records shall first be
given to the State Library or State Archivist, and, if
such records are, in his opinion, needed for the State
Library, the records shall be transferred thereto.
S. Any original municipal public record, the subject matter
of which is in litigation, may not be destroyed unless
such litigation is final and the City Attorney certifies
the record is not needed.
C. Original municipal public records which are i:ot micro-
filmed in compliance with this Article or which are
determined worthless by the City Council may be de-
strayed as directed by the.City Council, provided that
notice of proposed destruction or disposition of those
original municipal public records shall first be given
to the State Librarian or State Archivist, and, if such
records are, in his opinion, needed for tha State
Library, the records shall be transferred thereto.
Section 4.18 Destruction of Certain Other Municipal Records
A. Municipal records in City departments other than those
records defined in this Article as original public 1
records may be disposed of upon approval of the Records
Manager in the Office of Records Management and the
department custodian of such records in the City depart-
ment.
3. Notice of proposed destruction or disposition of all
nonpublic municipal records, including records series
titles, description, inclusive of dates and volumes,
shall first be given to the Records Manager in the
Office of Records Management, and said proposed destruc-
tion shall be subject to approval by the Office of
Support Services and in compliance with established
record retention schedules.
Section 4.19 Records Center
The Records Manager shall design a Records Center
operation, which shall provide economical storage of records
no longer required to be kept in active office space. 'the
Records Center operation shall utilize one or more buildings
to ensure security of records from deterioration, theft, or
damage during the period of storage and to permit fast
efficient retrieval of information from stored records. An
ARTICLE IV-8
(Amend Ord 89-100 1/17/89)
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ADMINISTRATION
4.19
information retrieval service and microfilming program shall
be carried out in conjunction with the Records Center opera-
tion for the benefit of City offices.
Section 4.20 Non-current Records Not To Be Maintained In
Office-Files
Records no longer required in the conduct of current
business by any office of the City shall be promptly trans-
ferred to the Records Center or the State Library, or de-
stroyed, at the time such action is designated on an approved
schedule. Such records shall not be maintained in current
office files or equipment.
Section 4.21 Microfilming Program Established
A centralized microfilming' program shall be designed and
implemented by the Records Manager to serve all City offices
and departments. No office or department shall operate a
separate microfilm program, and no City funds may be expended
to film or contract with a service company to film any City
records, except through the Office of Records Management.
Section 4.22 Micrographics of Certain Municipal Records
A. Records To Be Microfilmed. The Records Manager is
authorized to provide a micrographics policy for the
reproduction of or creation of microform municipal
records in City departments. The Records Manager shall
determine how long the various records of the City could
be stored in the records center before the cost of,
storage during their retention periods would exceed the
cost of preserving them in microfilm format. In making
this determination the Records Manager shall also
compare the cost of ionq term lease of economical
storage facilities, in addition to or in place of the
present records storage building, with the cost of
microfilm. In calculating comparative costs, the
Records Manager shall consider document preparation and
refilino time of staff, and other indirect costs of
microfilming, as well as cost of separate archival
storage for the master negative of microfilm.
The micrographics policy established by the Records
Manager may be applied to any municipal record located
in any City department, including, but not limited to,
documents, notices, correspondence, memoranda, an;
writing or communication or any record of any
ARTICLE IV-9
(Amend Ord 89-10, 1/17/09)
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'ADMINISTRATION
4.22
department of the city. E,acords determined to be more
economically stored on microfilm shall be microfilmed
and in addition, the Records Manager shall include the
tollowinq types of records in the microfilming program:
1. Those which, because of the nature of the Informa-
tion they contain, are indispensable to the con-
tinued operations of an office and, therefore,
should be microfilmed to provide a security copy.
2. These which, because of, high volume use, require
frequent and/or large numbers of copies to be made
which could be made more efficiently or economical-
ly through microfilm.
B. Indices of Microform Record4j. The Records Manager shall
assist the City departments in the developt^^,nt of
indices to microform records, said indices to be main-
tained and kept current by the Records Manager through
the assistance of the departments.
C. Micro ra hic Standards. Microfilm shall, most the
requirements o the Americun National Standards Insti-
tute for archival quality, density, resolution and
definition, except 'chat microfilm intended only for
short-term use, as determined by the Records Manager
through approved records retention schedules.
0. Certification of Microform Records. The first image on
a roll o microfilm or of a discrete group moat be a
title page that gives the name of the municipal record;
the image identificatioh number of the title paget the
date of the filming; and a certificate of the microfilm
clerk of the office of Records Management.
The last image on a roll of microfilm or of a discrete
group must be a certificate of the microfilm clerk that
states: "The microfilming of the images between the
title page and the, certificate is a true, correct and
exact copy of the page or pages of the identified
municipal record and no splice was made in the original
negative film between the title page and this certifi-
cate." A microform reccrd of the City that complies
with the provisions of this Chapter shall constitute an
original rec rd of the City of Arlington.
4.23 Criminal Justice Records
Nothing in this ordinance shall permit or require the
processing of Criminal Justice Records in conflict with the
ARTICLE XV-10
(Amend Ord 89-1.0, 1/17/89)
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UMINISTRATION
4.22
department of the City. Records determined to be more
economically stored on microfilm shall be microfilmed
and in addition, the Records Manager shall include the
following types of records in the microfilming programs
1. Those which, because of the nature of the informa-
tion they contain, are indispensable to the con-
tinued operations of an office and, therefore,
should be microfilmed to provide a security copy.
2. Those which, because of high volume use, require
frequent andior large numbers of copies to be made
which could be made more efficiently or economical-
ly through microfilm.
9. Indices of Microform Records. The Records Manager shall
assist the city departments in the development of
indices to microform records, said indices to be main-
tained and kept current by the Records Manager through
the assistance of the departments,
C. Micrographic Standards. Microfilms shall meet the
requirements of the American National Standards Insti-
tute for archival quality, density, resolution and
definition, except that microfilm intended only for
short-term use, as determined by the Records Manager
through approved records retention schedules.
0. Certification of Microform Records. The first image on
a roll of microfilm or o a discrete group must be a
title page that gives the name of the municipal records
the image identificatich number of the title pages the
date of the filming: and a certificate of the microfilm
clerk of the Office of Records Management.
The last image on a roll of microfilm or of a discrete
group must be a certificate of the microfilm clerk that
states: "The microfilming of the images between the
title page and the, certificate is a true, correct and
exact copy of the page or pages of the identified
municipal record and no splice was made in the original
negative film between the title page and this certifi-
cate." A microform record of the City that complies
with the provisions of this Chapter shall constitute an
original record of the City of Arlington.
4.23 Criminal Justice Records
Nothing in this ordinance shall permit or require the
processing. of Criminal Justice Records in conflict with the
ARTICLE IV-10
(Amend Ord 89-10, 1/11/891
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ADMINISTRATION
4.23
provisions of applicable state or federal law and regulations
pursuant thereto, relating to storage, retention, dissemina-
tion, destruction, access, review, security or maintenance of
such records.
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ARTICLE IV-11
(Amend Ord 89-10, 1/17/89)
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ADMINISTRATION
5.01
ARTICLE V
MUNICIPAL RETIREMENT SYSTEM
Section 5.01 Employees Covered Under Texas Municipal
Retirement System
On behalf of the City the Arlington, Texas the City
Council hereby exercises its option and elects to have the
City and all of the permanent full-time employees of all
operating departments of said City participate in the texas
Municipal Retirement System as provided in Title 1108,
Subtitle G, of the Revised Civil Statutes of Texas and all of
the benefits and obligations of such system to such employees
are hereby accepted.
Section 5.02 New Employees
Each person who becomes an employee of any participating
department on or after the effective date of participation of
such department, shall become a member of the Texas Municipal
Retirement System as a condition of his employment. The City
of Arlington, Texas, may, in the future, refuse to add new
departments or new employees to such system, but shall never
discontinue as to any participants. P
Section 5.03 Amount of Deposits, Method of Computing
In accordance with the provisions of the Statute, the
deposits to be made to the Texas Municipal Retirement System
on account of current service of the employees of the several
participating departments are hereby fixed at the rate of
seven percent (76) of the full salary earnings of each
employee of said departments. (Amend Ord 90-54, 5/15/90)
Section 5.04 Deductions and Contributions
The Director of Personnel is hereby directed to remit to
the Hoard of Trustees of the Texas Municipal Retirement
System, at its office in Austin, Texas, the City's contribu-
tions to the system and the amounts which shall be deducted
from the compensation of payroll employees, all as required
by said Hoard under the provisions of Subtitle G, Chapter 650
Subchapter E, and the said Director of Personnel is hereby
authorized and directed to ascertain and certify officially
on behalf of the City of Arlington, Texas, the prior service
rendered to the said Municipality by each of the employees of
,the participating departments, and the average prior service
compensation received by each, and to make and execute all
prior service certifications and all other reports and
certifications which may be required.
ARTICLE V-1
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` ADMINISTRATION
I 5.05
Section 5.05 supplemental Disabilit and Death Benefits
Fund's
The City of Arlington, Texas, by its City Council hereby
elects to have the employees of all participating departments
of said City participate in and be covered by the Supple-
mental Benefits Funds of the Texas Municipal Retirement
System, and provided by Title 110B, Subtitle G, Chapter 64,
Subchapter D and. F respectively) and all benefits and obliga-
tions of participation in said fund are hereby accepted by
the city as to such employees.
Section 5.06 New Employees - Supplemental Benefits Funds
Each person who becomes an employee of any participating-
department on or after the effective date of participation of
such department in said fund shall, as a condition of his
employment, be covered into the Supplemental Benefits Funds
of said system. The City of Arlington, Texas, may, in the
future, refuse to add new departments or new employees to
said funds, but shall never discontinue any members who are
covered into the funds.
Section 5.07 Contributions to Supplemental Disability
Bene_ _ t Fund y
The Director of Personnel is hereby directed to remit t.
monthly to the Board of Trustees of the Texas Municipal
Retirement System at its office in Austin, Texas, as the
City's contributions to the Supplemental Disability Benefit
Fund of the Texas Municipal Retirement System, such percent-
age of earnings of the above-mentioned employees of said City ;
as may be fixed by the Board of Trustees of the Texas Munici-
pal Retirement System, provided that the rate of contribution
to said fund shall not exceed one-half of one percentum
(1/20) of the earnings of the employees of said City who are
covered under said funds and such official shall make for the
City such reports as the Board of Trustees of the Texas
Municipal Retirement System may prescribe.
Section 5.09 Effective Date of Su lemental Disability and
Death Bane t Fun s Prov s ions
Participation of the above-mentioned employees in the
Supplemental Benefit Funds shall be effective from May 1,
1964.
Section 5.09 Annuity Reserve
Effective January 10 1971, for each month of Current
Service thereafter rendered by each of its employees who are
members of the Texas Municipal Retirement System, the City
will contribute to the current service annuity reserve of
each such member at the time of his retirement, a sum that is
ARTICLE V-2
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ADMINISTRATION
5.05
Section 5.05 Su lemental Disability and Death Benefits
Funds
The City, of Arlington, Texas, by its City Council hereby
elects to have the employees of all participating departments
of said City participate in and be covered by the Supple-
mental Benefits Funds of the Texas Municipal Retirement
System, and provided by Title 1108, Subtitle G, Chapter 64,
Subchapter D and F respectivelyt and all benefits and obliga-
tions of participation in said fund are hereby accepted by
the city as to such employees.
Section 5.06 New Employees - Supplemental Benefits Funds
Each person who becomes an employee of any participating
department on or after the effective date of participation of
such department in said fund shall, as a condition of his
employment, be covered into the Supplemental Benefits Funds
of said system. The City of Arlington, Texas, may, in the
future, refuse to add new department: or new employees to
said funds, but shall never discontinue any members who are
covered into the funds.
Section 5.07 Contributions to SuP21emental Disability
i Benefit Fun
The Director of Personnel is hereby directed to remit
E monthly to the Board of Trustees of the Texas Municipal
Retirement System at its office in Austin, Texas, as the
City's contributions to the Supplemental Disability Benefit
Fund of the Texas Municipal Retirement System, such percent-
age of earnings of the above-mentioned employees of said City
as may be fixed by the Board of Trustees of the Texas Munici-
pal Retirement System, provided that the rate of contribution
to said fund shall not exceed one-half of one percentum
{1/261 of the earnings of the employees of said City who are
covered under said fund$ and such official shall make for the
City such reports as the Board of Trustees of the Texas
Municipal Retirement System may prescribe.
Section 5.08 Effective Date of Su lemental Disability and,
Deat Bene t Fun s 1'rov sions
Participation of the above-mentioned employees in the
Supplemental Benefit Funds shall be effective from May 1,
1964.
Section 5.09 Annuity Reserve.
Effective January 1, 1971, for each month of Current
Service thereafter rendered by each of its employees who are
members of the Texas Municipal Retirement system, the City
will contribute to the current service annuity reserve of
each such member at the time of his retirement, a sum that is
ARTICLE V-2
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ADMINISTRATION s
3.09
two hundred percent (2006) of
eutlti and said gumoshalltbe
deposits for such month of employm
contributed from the City's account in the Municipality
Current Service Accumulation Fund.
Section 5.10 Vesting of Rightai Early Retirement
Effective on the lot day of January, 1971, an employee
of the City who has attained the age of fifty (50) years, and
who as an employee of this City has completed twenty-five
(25) or more years of creditable service for which he is
entitled to credit in the Texas Municipal Retirement Seare e
year
and who has been a member of the system for one (1)
more, shall be eligible for service retirement as provided is ernon' Subchapter B of Chapter 64, Subtitle G, Tittle llguch employ-
Annotated Texas Civil Statutes, as amended. or mare of credit-
ee who shall have completed ten (10) years able service as an employee of the City shall continue as a
member of Texas Municipal Retirement not inn exdespite
subsequent absence from service for a period i sixty (60) months, provided he does not withdraw his deposits
during such absenco, and shall be eligible to retirement upon
and aftei attainment of the minimum service prescribed by the
Act above mentioned.
Section 5.11 Disability Retirement
Each person who is an employee of the City and becomes
totally disabled while a member of Texas Municipal Retirement
System may be entitled to disability ne fiof t membership uand
the cause of the disability and length
credited service, as followss
A. Service Connected Disability: This may be defined s
total physical or mental disability resulting from
injuries caused by external and violent means incurred
as a direct and proximate result of the performance of
one's duties. To r mustlhavelelapsed between the ffect
year
least one (1)
five date of the participant's membership and. the
effective date of retirement.
B, Non-Service Connected Disabilityi This may be defined
as any total physical or mental disability which results
from causes other than injuries sustained in the line of
duty. To be eligible for retirement because of a
non-service connected disability, one must have at least
ten (10) years and likely a to be service, permanent. the disability
must be t
ARTICLE V-3
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ADMINISTRATION
5.12
Section 5.12 Death Benefits
A. Member Dearth Benefits: In the event Of any employee's
death, various types of benefits are available as a
result of one's mzmbership in TMRS, including:
i
l. tA return of a he interest allowed thereon# if the member had not
retired and was not eligible for service
retirement.
2. Payment of a retirement annuity to a member's
beneficiary under the retirement plan selected for
retirement or upon becoming eligible fox
unless no remaining benefit would be pay"lle under
the optional plan selected.
eligiblespouse
3. Payment a benefit ommeember was surviving
or member's state if the for
service retirement at the time of death but had not
filed an application for, deferred service
retirement.
B. Supplemental Death Benefits: The City of P,rlington,
Texas through its City Council, hereby elects to have
the employees of all participating departments of said
City participate in and be covered by the Supplemental
Death. Benefit Plan as provided by Title 1109, Subtitle
Or Chapter 641 Subchapter G of the Revised Civil Stat-
utes of Texas (Acts of the 67th Legislature, Chapter
j 453) The Supplemental Death Benefit Plan provides the
followings
1. In-service Death Benefits A benefit that is
approximately equal to the member's current annual
salary if said member dies while in the City's
employ.
2. Extended Coverages if, as a result of illness or
injury, a member is unable to engage in any gainful
employment and the member made a required contribu-
tion to the system for the month preceding the
first entire month of disability, coverage may be
extended on application to and approval by the
Board. Such extended coverage shall continue for
such person until the end of the month in which any
of the following occurs:
(a) The member returns to workt
(b) The Board finds that the member has become
able to engage in gainful employments
ARTICLE V-4
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ADMINISTRATION`
' 5.12
Death Benefits
1 Section 5.12 employee's
p„ Member Death Benefits: In the event of any
available
death, various types of benefits including: as a
result of one's membership in TM Sl laced deposits, and
, A return of a members accumuf the member had not
1 the in.tereandallwas owed toot hereon eligible for service
retired
retirement.
annuity to a member's
Payment of a retirement Plan selected for
beneficiary under the retirement Pl for retirement
~Jgible retirement or upon becoming a able under
unless no remaining benefit would be p y
the optional plan selected.
benefit to a member's surviving bleSpouse
for
3. Payment of a
members estate if the member was elig'
or service
service retirapplication mee time ofdeferredut had not
filed an
retirement.
The City of Arlington,
Supplemental Death BeneCoQil/ hereby elects to have
E, Be through its City artioipating departments of said
Texas of all P the Supplemental
the emptoYsea eta in and be covered by Subtitle
city particip rovided by Title 1108,
~ 5ubchapter G of the Revised Civil Stag
Death Benefit plan as p Chapter
at Chapter 64 the 67th Legislatu the
lActs of plan
utes of Texas h
The Supplemental Deat Benefit an provides followings A benefit that is
1. In-servicse Dedtual to Benefitthes member' while u current
the annual
aPproxim,%tely equal City's
salary if said member dies in
employ.
as resalin any illness gainful
to o engage
2. Extended Cmo bar Is unable
oYr a the
employment and the member roads a required contribu-
empltion to the system for the ty, coverage may may be month first entire month of disability, t royal by the
for
extended on application to and app
Board. Such extended coverage shall th in continue which any
such person until the and of the mon'
of the following occurst
(a1 The member returns to work; the (b1 The Board din gainful employment as become
able to engage
ARTICLE V-4
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ADMINISTRATION
5.12
(c) The person ceases to be a member of the
sys*,~,nt ~
_y
(d) The member retirest or
(e) The City terminates coverage.
C. Post-Retirement Benefits: A cash benefit in the amount
of $2,500.00 shall be raid on the death of a retiree of
the City of Arlington.
Section 5.13 Undated Service Credit
A. Except as provided by Subsection B of this Section, the
City of Arlington by ordinance may authorize the credit-
ing in the Texas Municipal Retirement System of updated
services credits for service performed for the munic-
ipality by members. An updated service credit au-
thorized under this Section replaces any updated service
credit, prior service credit, special prior service
credit, or antecedent service credit previously au-
thorized for part of the same service.
B. The City may not authorize updated service credits for
members who had less than thirty-six (36) months of
credit service on January 1 of the year immediately
preceding the January 1 in which the updated services
credits will take effect.
C. In adopting an ordinance under this Section, the City of
Arlington shall specify the percentage of base updated
service credits to be used in computing updated service
oxedits for employees of the municipality and shall
si1ecify the date the updated service credits will take
effect. The percentage adopted may be any multiple of
ten (108) percent that does not exceed one hundred
(1008) percent of a base updated service credit. The
effective date must be January 1 of the year specified.
D. An ordinance under this Section must require that a
member's monthly contribution for current service be
based on total monthly compensation, if this requirement
is not already in effect.
E. The City of Arlington, upon a.9option of an ordinance
under this Section, shall send same to the Retirement
Syste'mo and the System must receive it before the
effective date of the updated service credits authorized
in the ordinance,
F. An ordinance adopted under this Section 63.401 of
Subtitle 6, Title 110E may not take effect unless the
Board of Trustees approves the ordinance as meeting the
requirements of the section. The Board may not approve
ARTICLE V-5
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ADMINISTRATION
5.13
s
an ordinance unless the actuary first determines, and
the Board concurs in the determination, that all obliga-
tions charged against the municipality's account in the
municipality accumulation fund, including obligations
proposed in the ordinance, can be funded by the munic-
ipality within its maximum total contribution rate
before the 25th anniversary of the date the updated
service credits take effect.
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ARTICL9 V-6
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ADMINISTRATION
5.13
j an ordinance unless the actuary first determines, and
the Board concurs in the determination, that all obliga-
tions charged against the municipality's account in the
municipality accumulation fund, including obligations
Ir proposed in the ordinance, can be funded by the
munic- ipality within its maximum total contribution rate
before the 25th anniversary of the date the updated
service credits take effect.
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ARTICLE V-6 `
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ARTICLE VI
EMPLOYMZNT INVESTIGATIONS
Section 6.01 Criminal Records Clerk
All applicants for employment by the City are subject to
a criminal record check prior to employment. The applicant's
name and identifytnq information shall be submitted to the
Police Department for a criminal history information check.
Once employed, the employee remains subject to criminal
records checks for suitability for continued employment. Use
and dissemination of the information shall be limited for
personnel employment screening purposes only. (Amend Ord
79-201, 12-4-791
Section 6.02 Discipline and Denial or Termination of
EMICYmqnt
:employment, discipline or termination by the City may be
i based on criminal history information reflecting conviction
and/or non-conviction data, as permitted by Federal and State
law. (Amend Ord 79-201, 12-4-79)
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7.01
ARTICLE VII
STREET, ALLEY AND EASEMENT ABANDONMENT
Section 7.01 Abandonment of Ai ht-of-Way and Easements
(Public or Private?
A. Application b Property Owner. A property owner whose
property abuts rig t-o -way or easement (public or
private) may apply to the City of Arlington for the
abandonment, in whole or in pant, of the abutting
right-of-way or oasement, or consent to abandonment (in
the case of private rights-of-way, or easements). An
abandonment application will be processed upon submit-
ting the following:
1. An application fee, as set by resolution of the
City Council, and due at the time the application
request is submitted for processing. This fee
shall be nonrefundable, regardless of the ultimate
action of the City of Arlington, and shall be in
addition to other charges heretinafter described.
2. The property owner shall make application for the
abandonment of right-of-way or easement rights
(public or private) by submitting two (2) original
! application forms to the Encindering Division of
the Community Development Department. The applica-
tion form shall contain the following four (4)
exhibits:
Exhibit "A" - a matey and bounds description of the
area and calculations specifying the area to be
abandoned. The legal description should describe
j any save and except property as required and shall
be signed, sealed and dated by a registered public
surveyor.
Exhibit "B" - a survey plat of the area proposed
for abandonment containing the names of the adja-
cent property, owners, the lot and block numbers of
all contiguous property, and the location and
description of any public facilities or encroach-
ments situated on or adjacent to the area proposed
for abando=ent. This survey plat should be
submitteed on $J" x 14" (legal) size paper, whenever
possible, and signed, sealed and dated by a regis-
tered public surveyor.
Exhibit "C" - the written concurrence of all public
fran.hi9e holders in the City of Arlington and the
ARTICLE VII -1
(Amond Ord 90-03, 1/2/90)
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ADMINISTRATION
7.01
► Utilities and Transportation Departments of the
City.
it
Exhibit "D" - the written concurrence
the of all
area
persons who own property contiguous
proposed to be abandoned.
a. Investi ation and Notice. Upon receipt of an
application or the an onscent of a right-o£-way
or easement (public or private) and the appropriate
application fee, the City shall process the request
and inform all affected City departments.
C. Remuneration of Easement Right. The City shall
cause an appraisal to be made to determine the fair
market value component of the fee whores
1. The City of Arlington purchased the original
right-of-way or easement (public or private)
proposed for abandonments
2. The City of Arlington previously provided an
"in kind" consideration when the area to be
abandoned was obtained by the City (e.g.,
impact fee credits, exchange of property,
etc.) j or
3. the land proposed for abandonment is capable
of being used independently as zoned (or as
reasonably capable of being zoned in the
future) or under applicable subdivision or
other development control ordinances.
Except in the case of C.1., C.2. or C.3., above,
there shall be no fair market value component
charged.
D. Date of Valuation. The Property Management Divi-
s en will commence the determination of the fair
market value fee component after the application is
submitted to the City for processing and the
applicant meets all requirements for application.
E. A raisal of Value. if the estimated fair market
value ee,e established in accordance with
Subsection 7.01G., is less than $50,000, the
Property Management Division shall make an apprai-
sal of the property to determine the fair market
value of the area proposed to be abandoned. If the
estimated fair market value fee is $50,000 or more,
the Property Management Division shall obtain an
independent appraisal of the property to determine
ARTICLE VII-2
(Amend Ord 90-03, 1/2/90)
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ADMINISTRATION
7.01
Utilities and Transportation Departments of the
City.
Exhibit "D" - the written concurrence of all
persons who own property contiguous to the area
proposed to be abandoned.
B. investigation and Notice. Upon receipt of an
app cation or the abandonment of a right-of-way
or easement (public or private) and the appropriate
application fee, the City shall process the request
and inform all affected City departments.
C. Remuneration of Easement Right. The City shall
cause an appral sa two be made to determine the fair
market value component of the fee where:
1. The City of Arlington purchased the original
right-of-way or easement (public or private)
proposed for abandonment;
2. The City of Arlington previously provided an
"in kind" consideration when the area to be
abandoned was obtained by the City (e.g.,
impact fee credits, exchange of property,
etc.)i or
3. the land proposed for abandonment is capable
of being used independently as zoned (or as
reasonably capable of being zoned in the
future) or under applicable subdivision or
other development control ordinances,
Except in the case of C.1., C.2. or C.3., above,
there shall be no fair market value component
charged.
D. Date of Valuation. The Property Management Divi-
sion will commsnce the determination of the fair
market value fee component after the application is
submitted to the City for processing and the
applicant meets all requirements for application.
E. Ap raisal of value. If the estimated fair market
value use, to be established in accordance with
Subsection 7.01G.0 is less than $50,000, the
Property Management Division shall make an apprai-
sal of the property to determine the fair market
value of the area proposed to be abandoned. if the
estimated fair market value fee is $50,000 or morn,
the Property Management Division shall obtain an
independent appraisal of the property to determine
ARTICLE VII-2
(Amend Ord 90-03, 1/2/90)
ADMINISTRATION I3
7.01
the fair market value of the area proposed to be
abandoned. The applicant shall be responsible and
pay for the cost of the independent appraisal or
review appraisal whether or not the abandonment is
approved.
F. Cases of Dis uted Value. the first appraisal
oe ~tY wheth by the Property
otaine by the-
Management Division or an independent appraiser, is
disputed by the applicant, the applicant shall
obtain a second independent appraisal from another.
source of his choice at applicant's expense. If
the Property Management Division determines that
there is a substantial difference between the two
(2), they shall then engage an independent
appraiser to perform a review appraisal, the cost
of which shall be paid by. the applicant.
The Assistant Director of Utilities/Finance shall
then make a final determination of fair market
value which shall be binding on both parties.
G. Fees for Abandonment. The fee for the abandonment
or consent to andonment of the right-of-way
and/or easement (public or private) shall be an
application fee, as set by resolution of the City
Council, and the property's fair market value as
established above+ when applicable. In all oases, the responsibility of any expanses associated with
the relocation of utilities or facilities shall
also be borne by the applicant. The fair. market
value component of the fee shall be paid by the
applicant prior to final abandonment approval.
H. Abandonment b Plat. The abandonment of right-of-
way and/or easements (public it private) that do
not contain any improvements may be vacated through
the amended plat process. Said plat shall be
submitted to the Planning Department of the City of
Arlington and shall be subject to the terms and
conditions set forth in Chapter 212 of the Texas
Local Government Code and/or the "Subdivision Rules
and Regulations" Chapter and the "Zoning" Chapter
of the Code of the City of Arlington, Texas,
1. Authorization and Appeal. The City Council hereby
de agates the authority for approving the abandon-
ment or consent to abandonment of right-of-way
and/or easements (public or private) and for filing
with the Deed Records of Tarrant County to the City
Manager or his designee, when such abandonment
request, is recommended for approval by the Director
ARTICLE VII-3
(Amend Ord 90-03, 1/2/90)
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ADMINISTRATION
7.01
of community Development. An abandonment applica-
j tion not approved in the manner described above,
may be appealed to the city council by written
request to the Director of Community Development.
(Amend Ord 90-03, 1/2/90)
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ARTICLE VII-4
(Amend Ord 90-03, 1/2/90)
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ADMINISTRATION
7.01
of Community Development. An abandonment applica-
tion not approved in the manner described above,
may be appealed to the City Council by written
request to the Director of Community Development.
(Amend Ord 90-03, 1/2/90)
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ARTICLE VII-4
(Amend Ord 90-030 1/2/90)
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ADMINISTRATION
! r ARTICLE VIII
PETITIONED ANNEXATIONS
Section 8601 Request for Annexation
In addition to all powers of annexation
granted the
3
City of Arlington, the City Council, upon re m t
to the Planning Department by an owner of propertyt within the
extraterritorial jurisdiction of 'the City of Arlington, my
consider said property for annexation. (Amend Ord 83-130, '
7-12-83)
Section 8.02 Fees
f
The following fees shall be submitted to the City of
Arlington upon the passage of a resolution by the C1t7
Council, directing the preparation of a service plan for such
area, said fee to pay for the admintatrative expenses of the
City of Arlington in reviewing said requests
A. Annexation request for 15 acres or less 5 300.00
S. Annexation request for over 15 acres $1,000.00
(Amend Ord 83-130, 7-1283)
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A0M1NX8TRATXON-VT11-1
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ADMINISTRATION
9.01
` ARTICLE IX
M
I CITY OF ARLINGTON OFFICER AND EMPLOYEE
LIABILITY PLAN
i
section 9.01 Definitions
C_ITTY„ means the City of Arlington, Texas.
CITY VEHICLE means a vehicle or mobile equipment either
ears or owned by the City.
LOSS means an amount which a plan member is legally obligated
to pay resulting from an act or omission of the plan member
which is covered under this plan.
PLAN means the City of Arlington Officer and Employee Liabil-
Tty Plan.
PLAN MEM U means a person who is:
1. An employee of the City;
2. A member of a City board, commission or committee
created by charter, ordinance or resolution of the
Cityl
3. A member of the City Councill
4. A volunteer who has been approved as a volunteer by
a departmental volunteer coordinator and who is
working under the direction of an employee of the
Cityt or
5. A member of the board of directors of, a nonprofit
corporation created by charter, ordinance or
resolution of the City as an instrumentality of the
City. (Amend Ord 87-62, 3/31/87)
Section 9.02 Coverage
A. The City shall indemnify and defend a plan member, in
accordance with the terms of this plan, against a loss
arising out of any claim, suit or judgment resulting
from an act or omission of the plan member during the
discharge of his duties and within the scope of his
office, employment or assigned volunteer work with the
City.
a, A plan member whose position with the City terminates is
entitled to coverage in accordance with this plan for
ADMINISTRATION-IX-1
(Amend Ord 87-62, 3/31/87)
1
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ADMINISTRATION
9.02
any event that occurred while the person was a plan
member.
Section 9.03 Defense
A. Subject to the Provisions of Section 9.08, Legal
Re resentation, the city will defend any suit against a
P an me er w o is covered under this plan, even if the
suit is groundless or fraudulent. (Amend Ord 86-253,
12/30/86)
B. The City may investigate, negotiate and settle any claim
or suit as it determines necessary. (Amend Ord 86-253,
12/30/86)
Section 9.04 Limits of Coverage
A. The City will pay losses covered by this plan that a plan member is legally obligated to pay, except that in
cases arising from incidents or occurrences where the
City's liability exists by virtue of the Texas Tort
Claims Act (Chapter 101 of the Texas Civil Practice and
Remedies Code), whether or not the City is a party
defendant, th,e City will pay those losses covered by j'
i this plan that a plan member is legally obligated to
pay, up to but not exceeding the maximum payments
allowable under Chapter 102 of the Texas Civil Practice'
and Remedies Code.
8. Subject to the limits of coverage in Paragraph A of this
Section, and the exclusions in Section 9.06, the City
will pays
1. The City's expenses in inveAtigating and defending
the claim or lawsuit;
2. Costs taxed against a plan member in a suit covered
by this plan and interest that accrues after entry
of judgment before the City has deposited payment
with the court on that part of the judgment which
does not exceed the limits of coverages
3. Reasonable expenses of the plan member incurred at
they City's request; and
4. Attorneys fees ordered by the court to be paid by
the plan member. (Amend Ord 89-04t 1/10/89
C. To be entitled to coverage under the plan, a plan member
musts
ADMINISTRATION-IX-2
(Amend Ord 89-04, 1/10/89)
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ADMINISTRATION
9.02
any event that occurred while the person was a plan
member.
Section 9.03 Defense
A. Subject to the provisions of Section 9.08, LL
Representation I the City will defend any suit against a
plan member who is covered under this plan, even if the
suit is groundless or fraudulent. (Amend Ord 86-253,
12/30/86)
B. The City may investigate, negotiate and settle any claim
or suit as it determines necessary. (Amend Ord 86-253,
12/30/86)
1 ,
Section 9.04 Limits of Coverage
A. The City will pay losses covered by this plan that a
plan member is legally obligated to pay, except that in
cases arising from incidents or occurrences where the
City's liability exists by virtue of the Texas Tort
Claims Act (Chapter 101 of the Texas Civ^.1 Practice grid
Remedies Code), whuther or not the C1.ty is a party
defendant, the City will pay those losses covered by
this plan that a plan member is legally obligated to
pay, up to but not exceeding the maximum payments
allowable under Chapter 102 of the Texas Civil Practice
and Remedies Code.
9. Subject to the limits of coverage in Paragraph A of this
Section, and the exclusions in Section 9.06, the City
will pays
1. The City's expenses in investigating and defending
the claim or lawsuit;
2. Costs taxed against a plan member in a suit covered
by this plan and interest that accrues after entry
of judgment before the City has deposited payment
with the court on that part of the judgment which
does not exceed-the limits of coverage;
3. Reasonable expenses of the plan member incurred at
the City's request; and
4. Attorneys fees ordered by the court to be paid by
the plan member. (Amend Ord 89-04, 1/10/89)
C. To be entitled to coverage under the plan, a plan member
musts
ADMINISTRATION-IX-2
(Amend Ord 89-04, 1110/69)
S
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ADMINISTRATION
9.04
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1. Notify the City Attorney in writing as soon as
practicable upon receipt of written notice of a
claim or lawsuit, but no later than three (3)
working days after receipts
2. Cooperate with the City Attorney and, upon the City
Attorney's request, assist in making settlements,
in the conduct of suits, and in enforcing any right
of contribution or indemnity against a person or
? organization who may be liable to the City because
of injury or damage covered under the plant
3. Attend hearings and trials and assist in securing
i and giving evidence and obtaining the attendance of
r witnessess and
4. Not, except upon advice of the City Attorney or
when questioned by a police officer at the scene of
an accident, give any oral or written statement or
enter into any stipulation or agreement concerning
a claim or lawsuits
5. Not, except at his own cost, voluntarily make any
payment, assume any obligation or incur any expense
with respect to a claim or lawsuit without the
consent of the City. (Amend Ord 89-60, 5/23/89) t
Section 9.05 Plan Period
This plan covers only acts or omissions occurring or alleged
to have occurred:
1. While the plan is in effectt
2. Before the plan was in effect (above any insurance
coverage in effect) and which are not barred by any
statute of limitations) and is ca 3. effcht ands which are enotdbarred bythe plan is in
limitations.
Section 9.06 Exclusions
Coverage under this plan does not apply to a claim or lawsuit
that is brought against a plan member:
1. By the Cityt
ADMINISTRATION-IX-3
(Amend Ord 89-60, 5/23/89)
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hDMINISTRATION
9.06
2. Arising out of the intqntional or knowing violation
of a penal statute or ordinance committed by or
with the knowledge or consent of the plan member,
or any claim arising out of acts of fraud committed
by or at the direction of the plan member with
intent to deceive or defraud)
3. Arising either while the plan member is operating a
City vehicle with no authority to operate the
vehicle, or while the plan member is operating a
City vehicle in the course of personal or private
business=
4. For liability assumed by the plan member under a
contract, unless the contract is entered into at
the request of the Cityt
5. If the plan member joins or attempts to join with
the suit against the plan member a claim against
the City for benefits under this plant
I
6, If the plan member fails to comply with Section
9.04 of this plan; (Amend Ord 86-253, 12/30/86)
7. For punitive damages, where such damages are not
recoverable in law or against the Cityi or (Amend
Ord 86-253, 12/30/86) i'
8. For damages or payments in excess of the amounts
permitted in Chapter 102 of the Texas Civil.,
Practice and Remedies Code or expressly excluded
under Section 102.002(ai and (d) of the Texas Civil
Practice and Remedies Code in cases and claims
arising from incidents or occurrences where the
city's liability exists by virtue of the Texas Tort
Claims Act (Chapter 101 of the Civil Practice and
Remedies Code). (Amend Ord 89-04, 1/10/89)
9. For damaget~ or payments in excess of the limits
provided by the Risk Management Ordinance
(Ordinance No. 86-198) in all other cases and
claims not arising under the Texas Civil Practice
and Remedies Code) or expressly excluded by the
Risk Management Ordinance. (Amend Ord 89-04,
1/10/89)
Section 9.07 Subrogation
If payment or legal representation is provided under thi:
plan, the City is subrogated to the plan member's rights of
recovery against any person or organization to the extent of
the City'b liability and payments, and the plan member must
ADMINISTRATION-IX-4
(Amend Ord 89-04, 1/10/89)
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ADMINISTRATION
9.06
2. Arising out of the intentional or knowing violation
of a penal statute or ordinance committed by or
with the knowledge or consent of the plan member,
or an claim arising out of acts of fraud committed
any
by or at the direction of the plan member with
intent to deceiv:. or defraud;
3. Arising either while the plan member is operating a
City vehicle with no authority to operate the
while the plan member is operating a
vehic
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la, or City vehicle in the course of personal c private
business;
4. For liability assumed by the plan member under a
contract, unless the contract is entered into at
the request of the City;
5. If the plan member joins or attempts to join with
the suit against the plan member a claim against
the City for benefits under this plan;
61 If the plan member fails to comply with Section
9.04 of this plan; (Amend Ord 86-253, 12/30/86)
7. For
recoverable punitive in slaw eor against the City;e or ar(Amend
Ord 86-253, 12/30/86)
8. For damages or payments in excess of the amounts
permitted in Chapter 102 of the Texas Civil
Practice and Remedies Code or expressly excluded
under Section 102.002(c) and (d1 of the Texas Civil
Practice and Remedies Code in cases and claims
arising from inciddnts or occurrences where the
City's liability exists by virtue of the Texas Tort
Claim3 Act (Chapter 101 of the Civil Practice and
Remedies Code). (Amend Ord 89-04, 1/10/89)
9. damages For or he me Risk in Maexcess f nagement the limits
provided by ordinance
(Ordinance No. 86-198) in all other cases and
claims not arising under the Texas Civil Practice
and Remedies Code) or expressly excluded by the
Risk Management Ordinance. (Amend Ord 8904,
1/10/89)
Section 9.07 Subrogation
if payment or legal representation is provided under this
plan, this City is subrogated to the plan member's rights of
recovery against any person or organization to the extent of
the City's liability and payments, and the plan member must
ADMINISTRATION-IX-4
(Amend Ord 89-04, 1/10/891
T..r w - - - - - - -r
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ADMINISTRATION
9.07
f! execute and deliver to the City Attorney whatever documents
f are necessary to secure those rights. The tho la memtbser must
udice not do anything after a loss to pzej
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Section 9.08 La al Representation
Covered C.Laims or Suits Only
X.
I The City will provide legal representation for a plan
member in a claim or suit in which the plan member is
covered under this plan. (Amend Ord 86-253, 12/30/86)
B. Conflict of interest
k IE the City Attorney determines that there exists a
conflict of interest for the City Attorney to represent
a plan member, and the plan member is otherwise entitled
to ccvorage under this plan, the City will pay the
reasonable fee of a private attorney obrepresentdthe
plan member. The pr Amend Ord 86-2531 12/30/86)
the ,City Attorney, C. Be presentation Of Police Officers in Criminal
Proceed- The City will provide legal representation tfor he rime
Police Officer in any criminal proceeding up
an Internal Affairs report is submitted to the Chief of
Police. The City will provide legaOfficers nation in
criminal pruceidings for any Police if the City Managor certifies that the Police Officer
was acting within the course and scope of his employ-
ment, providad, however, that legal representation for
theconviction
Claims Board. provided
bend oOrd
any the y discretion criminal
at
85•.53, 12/30/86)
Section 9.09 Deaermination of Coverage
If the City denies coverage.to a plan member, the plan member
may seek a determination of coverage by a court of proper
jurisdiction in Tarrant Countv, Texas. If the court rules in
favor of the plan member, the City shall provide the plan
member all benefits under the plan and shall reimburse the
cov erage,and costs
reasonable
plan member for iincurred in obtaininy'the determination fees,
ADMINISTRATION-IX-5
(Amend Ore 86-253, 12/30/86)
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ADMINISTRATION
9.10
section 9.10 No Creation of Cause of Action
Nothing contained in this plan shall be construed as creating
a right or cause of action against a plan member nor giving a
right to a third party to institute or maintain a suit which
would not otherw.Lse exist under law as a legal claim against
a plan member.
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ADMINISTRATION-IX-6
(Amend Ord 86-253, 12/30/06)
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ADMINISTRATION
9.10
Section 9.10 Na Creation of Cause of~ Action
Nothing contained in this plan shall be construed as creating
a right or cause of action against a plan member nor giving a
right to a third party to institute or maintain a suit which
would not otherwise exist under law as a legal claim against
a plan member.
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(Amend Ord 86-253, 12/30/86)
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ADMINISTRATION
' 11.01
ARTICLE XI
HEARINGS, INVESTIGATIONS, AND SUBPOENA POWER
Section 11.01 Authoritv
! Pursuant to Article VI, Section 5, of the Charter of the
City of Arlington, authority is hereby granted for subpoena
powers to be exercised in accordance with this Article, in
such manner as is not incoiLsistfint with the Constitution and
laws of the United States, and of this state. (Amend Ord
87-102, 5/19/37)
Section 11.02 Hearings and Investigation; Subpoena Power
e In all hearings and investigations that may hereafter be
conducted by the City Council, the City Manager, or any
person or committee authorized by the City Council, the City
Manager, or by state or local law to conduct hearings and
investigations as to City affairs, excluding municipal court
judges, the presiding officer of such hearing or investiga-
tion, or an authorized representative of the presiding
officer, may subpoena witnesses and compel the production of
books, papers and other evidence material to such hearing or
investigation in the same manner as is now prescribed by the
laws of this state foz compelling the attendance of witnesses
and production of evidence in the municipal court. (Amend
Ord 87-102, 5/19/87)
All such subpoenas must be signed by the Mayor prior to
issuance. (Amend Ord 87-102, 5/19/87)
Section 11.03 Violation and Penalty
Any person who refuses to appear to testify or who
disobeys any lawful order pertaining to an authorized hearing
or investigation of the City Council, the City Manager, or
any person or committee authorized by either or both of them
to conduct such hearing or investigation, or who fails or
refuses to produce any--book, paper, document or instrument
touching any matter under examination, or who engages in any
contemptuous conduct after being summoned to give testimony
in relation to any matter under investigation, shall be
deemed to have committed a misdemeanor, and it shall be the
duty of the person responsible for conducting the hearing or
investigation to make complaint against such person so
refusing to comply with the subpoena or order in the same
manner as other criminal cases, (Amend Ord 87-102, 5/19/87)
ADMINISTRATION-XI-I
(Amend Ord 87-102, 5/19/87)
V riI r.
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ADMINISTRATION
11.04
section 11.04 General Rules
A. The subpoena or, order issued pursuant to this Article
must be issued in pursuit of an objective authorized by
ordinance or statute; such authorization for the inves-
tigation may be express or implied. (Amend Ord 87-102,
5/19/87).
B. Information sought must be germane to a lawful subject
of .inquiry. (Amend Ord 87-102, 5/19/87)
C. Demands for information must be as specific as the
requesting party's knowledge will permit, and must not
be unreasonably burdenscme. (Amend-Ord 87-1020 5/19/87)
0. The administrative command, order, or request shall nct
purport to require privileged information which is
recognized by law as such. (Amend Ord 87-102, 5/19/87)
E. All testimony obtained by authority of this Article
shall be made under oath and accurately recorded by tape
recorder, stenographer, video tape, or any other metod
by which an accurate record may be made. (Ameri 4r:; y,
87-102, 5/19/87)
P. In an action for violation of this Article, items A
I through D of thi3 Section shall be affirmative dQFnsAr,
(Amend Ord 87-10.2, 51 L9.197) s
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ADMINISTRATION-XI-2
T_-
ADMINISTRATION
11.04
Section 11.04 General Rules
A. The subpoena or. order issued pursuant to this Article j
must be issued in pursuit of an objective authorized by
ordinance or statutes such authorization for the inves-
tigation may be express or implied. (Amend Ord 87-102,
5/19/87)
B. Information sought must be germane to a lawful subject
of inquiry. (Amend Ord 87-102, 5/19/87)
C. Demands for information must be as specific as the
requesting party's knowledge will permit, and must not
be unreasonably burdensome. (Amend-Ord 87-102, 5/19/37)
D. The administrative command, order, or request shall. nc;
purport to require privileged information which is
recognized by law as such. (Amend Ord 87-102, 5/l9/87)
1 C. All testimony obtained by authority of this Article
shall be made under oath and accurately recorded by tape
recorder, stenographer, video tape, or any other method
by which an accurate record may be made. (Amend Ora
87.102, 5/19/87)
F. In an action for violation of this Article, items
through 0 of this Section shall be affirmative do!4nsea.
(Amend Ord 87-102, 519!97)
ADMINISTRATION-XI-2
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ADMINISTRATION
12.01
ARTICLE XII
I CITY COUNCIL CODE OP ETHICS
1
Section 12.01 Definitions
ror the purposes of this Article:
Benefit means anything reasonably regarded as economic gain
or economic advantage, but does not include a contribution or
expenditure made and reported in accordance with law.
CCiit-T-staff means any person on the City of Arlington payroll
as an emp-oyee, whether full-time or part-time.
Elected Cit official means the Mayor and members of the City
Council.
Famil member means any person related to the elected City
official in the first degree by either affinity or consan-
guinity.
Level of staff contact means the position or positions within
the administrative chain of command of the City Manager or
City Attorney, respectively,. designated by that Council
appointed official to receive and/or act upon inquiries from
elected City officials.
Substantial interest in real property means an equitable or
legal ownership with a fair market value of Two Thousand,
Five Hundred Dollars and No Cents ($2,500.00), or more; an
interest of a family member shall be considered a substantial
interest of the City official.
Substantial interest in a business entity means ownership of
ten percent (10%) or more of the voting stock or shares of
the business entity, ownership of Five Thousand Dollars and
No Cents (;5400.00) or more of the fair market value of the
business entity, or a situation whereby funds received by a
City official from a business entity exceed ten percent (10%)
of the o4ficial's gross income for the previous year.
Section 12.02 Declaration of Ethical Policy
It is the policy of the City that all elected City
officials shall conduct themselves with the highest of
ethical standards so as to give no occasion for distrust of
their devotion to the best interests of the City and the
public trust that they hold; that government decisions and
policy be made using the proper procedures of the
ADMINISTRATION-XII-1
(Amend Ord 88-158, 11/22/88)
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ADMINISTRATION
12.02
governmental structure, and that public office not be used
for personal gain. In recognition of these goals, there is
hereby established a Code of Ethics for all elected City
officials.
1
Section 12.03 Ras onsibilities of Public Office
Elected City officials are agents o~ public purpose and
hold office for the benefit of the public. They are bound to
uphold the Constitution of the United States and the
Constitution of this State and to carry out impartially the
laws of the nation, state and municipality and thus to foster
respect for all government. They are bound to discharge
faithfully the duties of their office regardless 'of personal
considerations. Recognizing that the public interest must be
their primary concern, they should attend each Council
meeting and diligently prepare for the issues to be under-
taken.
Section 12.04 Standards of Conduct
A. No elected City official shall:
1. Violate the provisions of Article IV, Section 3, of
the City Charter.
2. Accept or solicit a benefit that might be expected
to influence him in the discharge of his official
duties.
3. Use his official position to secure special privi-
lsges or exemptions for himself or others.
41 Grant any special consideration, treatment or,
advantage to a person or organization beyond that
which is available to every other person or organs-
zation. This shall not prohibit the granting of
fringe benefits to City employees as a part of
their contract of employment or as an added incen-
tive to the securing or retaining of employees.
S. Disclose information that could adversely affect
the property or affairs of the City, or directly or
indirectly use any information understood to be
confidential which was gained by reason of his
official position for his own personal gain or
benefit or for the private interest of others.
6. Engage in a course of action in conflict with
Section 12.02, Declaration of Ethical Policy, which
ADMINISTRATION-XII-2
(Amend Ord 88-158, 11/22/88)
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ADMINISTRATION
12.02
governmental structure, and that public office not be used
for personal gain. Ia recognition of these goals, there is
hereby established a Code of Ethics for all elected City
officials.
Section 12.03 Responsibilities of Public Office_
Elected City officials are agents of public purpose and
hold office for the benefit of the public. They are bound to
uphold the Constitution of the United States and the
Constitution of this State and to carry out impartially the
laws of the nation, state and municipality and thus to foster
respect for all government. They are bound to discharge
faithfully the duties of their office regardless of personal
considerations. Recognizing that the public interest must be
their primary concern, they should attend each Council
meeting and diligently prepare for the issues to be under-
taken.
Section 12.04 Standards of Conduct
A. Me elected City official shells
1. violate the provisions of Article IV, Section 3, of
the City Charter.
2. Accept or solicit a benefit that might be expected
to influence him in the discharge of his official
duties.
3. Use his official position to secure special privi-
leges or exemptions for himself or others.
4. Grant any special consideration, treatment or.
advantage to a pers;on or organization beyond that
which is available to every other person or organi-
zation. This shall not prohibit the granting of
hinge benefits to City employees as a part of
their contract of employment or as an added incen-
tive to the securing or retaining of employees.
S. Disclose information that could adversely affect
the property or affairs of the City, or directly or
indirectly use any information understood to be
confidential which was gained by reason of his
official position for his own personal gain or
benefit or for the private interest of others.
b. Engage in a o-)urse of action in conflict with
Sect.icn 12.01, Declaration of Ethical Policy, which
ADMINISTRATION-XII-2
(Amend Ord 88-158, 11/22/88►
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ADMINISTRATION
12.04
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' is not expressly addressed in Section 12.04 until
he has complied with the provisions of Section
12.05 or 12.06 of this Code of Ethics.
74 Interfere with the City Manager's administrative
duties of appointment to and removal of persons
from employment with the City. Nor shall private
directives be made to City staff. Any contact with
the city staff should be made at the appropriate
"level of staff contact" as determined by the City
by
Mlevel r of and staff tcontact"n should sb c adhered to This
all elected City officials except for those occa-
sions when the mayor is carrying out his special
duties as set out in the City Charter.
8. Vote on or participate in any decision making
process on any matter concerning real property or a
business entity if the official has a "substantial
interest" in the business entity or real property
except as provided in the Local Government Cade,
Chapter 171, as amended.
8. Representing Private Interests
1,. No elected City official or spouse of an elected f`
City official shall represent any private person,
group or interest before any commission, board or
the City Council for pay. However, this provision
shall not prohibit representation by a group, firm
or organization with which i the official or spouse
associated participate or assist in the matter in any manner,
2. No elected City official or spouse of an elected
City official shall represent directly or Indi-
rectly any private person, group or interest in any
civil action or proceeding against the interest of
the City, or in llitigation in. which the City,
commission on board thereof is
department, , agency,
a party.
3. No elected City official or spouse of an elected
city official shall represent, directly or indi-
rectly, any private person, group or entity in any
action or proceeding in the municipal courts of the
City which was instituted by a City official or
employee in the course of official duties, N
shall they approach a municipal court judge to
discuss any case pending before the court.
ADMINISTRATION-XII-3
(Amend Ord 88-158, 11/22/88)
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ADMINISTRATION
12.04
I
41 No elected City official or spouse of an elected
City official shall represent a defendant in a
criminal case where a police officer of the City of
Arlington will be a material adverse witness
against such defendant.
5. No elected City official or spouse of an elected
City official shall represent any private person,
group or entity in any action or proceeding in the
municipal courts of the City which was instituted
by or arising from a decision of a City board,
commission or committee.
S. No elected City official, %r spouse of an elected
City official shall fake a client commission on a
contingent basis if any part of the matter will be
reviewed by City staff or acted on by a City board,
commission, committee or thu City Council.
C. Representing City Employees
An elected City official shall not represent City
employees before the City Council regarding matters
within the city Manager's authority. However, a matter
of broad public policy which also affects City employees
may be presented to the Council by the elected City
official.. The official may confer with the City Vanage.
regarding personnel matters. If he wishes to pursue the
matter after his discussion with the City Manager, he
atter be
Session considered
may ask in that the
authorized t under entire
the
Texas Open Meetings Act.
Section 12.65 Coursed w Action When 1There- the Declaration
o Ethical @ol cv
A. dIf an its% isapproved by interest to ti°of nthee City City official f f the a City
official mays
1. Consult the appropriate city staff member at the
lowest authorized level of contact.
2. After this consultation, if he still chooses to
pursue the matter, he may schedule a meeting with
the City Manager. The City Manager should be given
at least two i 21 days notice to obtain the neces-
sary information. The City Manager may uphold the
staff decision or place the item on the regular
Council agenda for a vote.
ADMINISTRATION-XII-4
(Amend Ord 88-158, 11/22/88!
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ADMINISTRATION
52.04
4. No elected City official or spouse of an elected
City official shall represent a defendant in a
criminal case where a police officer of the City of
Arlington will be a material adverse witness
against such defendant.
54 No elected City official or spouse of an elected
City official shall represent any private person,
group or entity in any action or proceeding in the
municipal courts of the City which was instituted
by or arising from a decision of a City board,
commission or committee.
6. No elected City official or spouse of an elected
City official shall take a client commission on a
contingent basis if any part of the matter will be
reviewed by City staff or acted on by a City board,
commission, committee or the City Council.
C. Reps:msenting City Employees
An elected City official shall not represent City
employees before the City Council regarding wAtters
within the City Manager"s authority. However, a matter
of broad public policy which also affects City employees
may be presented to the Council by the elected City
official.. The official may confer with the City Manager
regarding personnel matters. If he wishes to pursue the
matter after his discussion with the City Manager, he
may ask that the matter be considered by thn entire
Council in Executive Session if authorized under the
Texas Open Meetings Act.
Section 12.05 Course of Action When There is a Perceived
Conflict with Section 12.0 the Declaration
of E Cal Policy
A. If an item of interest to an elected City official is
disapproved by a member of thr. City staff, the City
official mays
1. Consult the appropriate City staff member at the
lowest authorized level of contact.
2" After this consultation, if he still chooses to
pursue the matter, he may schedule a meeting with
the City Manager. The City Manager should be given
at least two (2) days notice to obtain the neces-
sary information. The City Manager may uphold the
staff decision or place the item on the regular
Council agenda for a vote.
ADMINISTRATION-XII-4
(Amend Ord 88-158, 11/22/88)
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ADMINISTRATION
12.05
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3. If the decision is upheld, the elected City offi-
cial may seek to have the matter placed on the
agenda of an afternoon Work Session. The elected
City official initiating the itam of interest and
the City Manager should prepare a memorandum and be
present for questioning at the Work Session. The
remaining Council members may by majority vote
place the item on the regular Council agenda for
action.
S. In those matters before the City Council where there may
be a perceived conflict with the Declaration of Ethical
Policy, the elected City official mays
7. Participate in the deliberations of the Council and
then vota on the matters or
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a 2. Refrain from the deliberations of the. Council and
abstain from voting.
C. An elected City official does not need to invoke the
provisions of Section 12.05 for purposes of making
simple inquiries wh'ch are available to all citizens of
the City and does not require substantial research by
City Staff.
D. Unless as otherwise provided, the provisions of Section
12.05 are not applicable to Section 12.04.
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Section 12.06 Council Advisory Procedure
Whcan an elected City official has doubt as to tho ;
applicability of a provision of this Code of Ethics to a
particular situation, he should apply to the City Council for
a determination. The elected City official may present only
those facts necessary for the City Council to render its
determination as to the applicability of this Code of Ethics
to the situation.
Section 12.07 Discipline and Review
A. The failurR of an elected City official or spouse of an
elected City official to comely with this Code of Ethics
or his violation of one (1) or more of the standards of
conduct set forth in this Code of Ethics, shall consti-
tute grounds for disciplinary action against the respec-
tive affected elected City official. Disotplinary
action may be imposed by an affirmative vote of the
entire Council, excludinq the affected elected Citv
official.
ADMINISTRATION-XII-5
(Amend Ord 88-158, 11/22/88)
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ADMINISTRATION
12.07
H. For the first violation of a standard of conduct,
disciplinary action should usually be considered in an
Executive Session if authorized under the Texas Open
Meetings Act, and any affirmative action shall be in the
form of a warning giving notice of the violation,
C. For succeeding violations within the same term of the
affected elected City official, disciplinary action may
take the form of:
1. A public statement or written reprimand by the Citv
Council disapproving of the action; or
2. Removal of the elected City official from any or
all Council committee appointments,
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(Amend Ord 88-158, 11/22/88)
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ADMINISTRATION-XII.6
(Amend Ord 88-158, 11/22/88)
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ADMINISTRATION
12.07
' B. For the first violation of a standard of conduct,
disciplinary action should usually be considered in an
Executive Session if authorized under the Texas Open
Meetings Act, and any affirmative action shall be in the
form of a warning giving notice of the violation.
C. For succeeding violations wit;iin the same term of the
affected elected City official, disciplinary action may
take the form of:
1. A public statement or written reprimand by the City
Council disapproving of the action; or
2. Removal of the elected City official from any or
all Council committee appointments.
(Amend Ord 88-158, 11/22/88)
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ADMINISTRATION-XII-b
(Amend Ord 88-158, 11/22/88)
x-W
ORDINANCE NO. ~c
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE VII, "CODE OF
ETHICS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS
(1986), BY CHANGING CERTAIN PROVISIONS CONCERNING DEFI-
NITIONS, STANDARDS OF CONDUCT, AND DISCLOSURE OF
INTEREST; PROVIDING FOR AN ETHICS REVIEW COMMITTEE AND
ESTABLISHING PROVISIONS CONCERNING ITS DUTIES, MEETINGS
AND STAFFING; ESTABLISHING PROCEDURES FOR THE COMMITTEE
I TO HEAR AND DISPOSE OF COMPLAINTS CONCERNING ALLEGED
VIOLATIONS; PROVIDING FOR APPEALS FROM CERTAIN DECI-
SIONS OF THE COMMITTEE; PROVIDING FOR SANCTIONS AND
RECOMMENDED SANCTIONS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A SEVERA13ILITY CLAUSE1
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A
PENALTY FOR FAILURE TO COMPLY WITH A SUBPOENA ISSUED BY
THE COMMITTEE OR A HEARING OFFICER; PROVIDING FOR PUBLI-
CATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXASi
SECTION 1.
That Chapter 2, Article VII, "Code of Ethics", of the Code
of the City of Fort Worth, Texas (1986), as amended, be and is
hereby further amended as follows:
1. Division I thereof is changed to read as fol-
lows:
DIVISION 1. GENERALLY
Sec. 2-236. Declaration of Policy.
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 indepen-
dent, impartial and responsible only to the people of
the city; that governmental decisions and policy should
be made in the proper channels of the governmental
structure; that no officer, employee or member of any
board, commission or committee should have any
interest, financial or otherwise, direct or indirect,
or engage in any business, transaction or professional
activity or incur any obligation of any nature which is
in conflict with the proper discharge of his duties in
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the public interest; that public office and public
employment are positions of public trust imposing the
duty of a fiduciary upon all employees and office-
holders, who are not to use their public position for
personal gain. To implement such a policy, the city
council deems it advisable to enac,. this code of ethics
for all officers, employees and advisory board members,
whether elected or appointed, paid or unpaid, to serve
not only as a guide for official conduct of the city's
public servants, but also as a basis for discipline for
those who refuse to abide by its terms. This code-of
ethics is cumulative of other ordinances, city charter
provisions and state statutes defining and prohibiting
conflict of interest.
i
Sec, 2-237. Definitions
For the purposes of this code of ethics the follow-
ing words and phrases shall have the meanings respec-
tively ascribed to them by this section:
Advisory Board shall mean a board, commission or commit-
tee that functions only in an advisory or study cape-
city.
Article shall mean Chapter 2, article VII, Code of
Ethics of the Code of the City of Fort Worth, Texas {
(1966), as amended,
i
Business Entity shall mean a sole proprietorship,
partnership, firm, corporation, holding company, joint-
stock company, receivership, trust, or any other entity
recognized by law.
Direct or indirect financial interest - An officer or
employee of the City has a financial interest in a
contract with the City if he, or a person, group or
business entity in which he has a substantial interest,
directly or indirectly:
a) engages in the exchange, purchase or sale of any
land, goods, materials, supplies, services or
other thing of value with the city, except on
behalf of the city as an officer or employee; or
b) receives any commission, royalty, premium or other
payment from the exchange, purchase or sale of any
land, goods, materials, supplies, services or
other thing of value with the city, except on
behalf of the city as an officer or employee; or
c) enters into any contract, with the city, excepts
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the public interest; that public office and public
employment are positions of public trust imposing the
duty of a fiduciary upon all employees and office-
holders, who are not to use their public position for
personal gain. To implement such a policy, the city
council deems it advisable to enact this code of ethics
for all officers, employees and advisory board members,
whether elected or appointed, paid or unpaid, to serve
not only as a guide for official conduct of the city's
public servants, but also as a basis for discipline for
4 those who refuse to abide by its terms, This code of
ethics is cumulative of other ordinances, -ity charter j
provisions and state statutes defining and prohibiting
conflict of interest.
Sec, 2-237. Definitions
For the purposes of this code of ethics the follow-
ing words and phrases shall have the meanings respec-
tively to them by this section:
Y
Advisory Boa shall mean a board, commission or _;ommit-
tee that functions only in an advisory or study capa-
city.
Article shall mean Chapter 2, article VIII Code of
Ethics of the Code of the City of Fort Worth, Texas
(1986), as amended,
Busi ess Entity shall mean a sole proprietorship, t
partnership, firm, corporation, holding company, joint-
stock company, receivership, trust, or any other entity
recognized by law.
or indirect financial interest - An officer or
Direct
employee of the City has a financial interest in a
contract with the City if he, or a person, group or
business entity in which he has a substantial interest,
directly or Indirectly:
a) engages in the exchange, purchase or sale of any
land, goods, materials, supplies, services or
other thing of value with the city, except on
behalf of the city as an officer or employee; or
b) receives any commission, royalty, premium or other
payment from the exchange, purchase or sale of any
land, goods, materials, supplies, services or
other thing of valus with the city, except on
behalf of the city as an officer or employee; or
c) enters into any contract with the city, excepts
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1} rendering services to the City as an officer
or employee;
2) paying taxes, fines, utility service or
filing fees;
3) subject to restrictions contained in the city
charter, executing and performing any com-
munity facilities contract or plat in compli-
ance with the laws and regulations applicable
to any person.
(See Chapter XXVII, Section 16, Fort Worth City
Charter.)
Elected city g icia shall mean any member of'thi city
Council.
Employee shall mean any person employed by tho city
whether under civil service or not (except firefighters
and police officers who are covered by state civil ser-
vice laws), including those individuals on a part-time
basis, but such term shall not be extended to apply to
any independent contractor. fi
Intent or intentionall - A person acts intentionally,
or with intent, with respect to the nature of his con-
duct or to a result of his conduct when it is his con-
scious objective or desire to engage in the conduct or
cause the result.
Knowingly - A person acts knowingly, or with knowledge,
with respect to the nature of his conduct or to circum-
stances surrounding his conduct when he is aware of the
nature of his conduct or that the circumstances exist.
A person acts knowingly, or with knowledge, with
respect to a result of his conduct when he is aware
that his conduct is reasonably certain to cause the -
result,
Officer shall mean any member of the city council and
any appointive member of a board, commission or com-
mittee established by ordinance, charter or state law;
provided, no member of a board, commission or committee
that functions only in an advisory or study capacity
shall be deemed an officer of the city.
Substantia Interest.
a) A person has a substantial interest in a business
entity if-
1) the interest is ownership of 10 percent or
more of the voting stock or shares of the
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business entity or ownership of either 10
percent or more or $5,000 or more of the fair
market value of the business entity (see
Section 171.002, Texas Local Government
Code); or
2) funds received by the person from the busi-
ness entity exceed ten percent of the
person's gross income for the previous year
(see Section 171.002, Texas Local Government
Code); or
3) the person holds a position of member of the
board of directors or other governing board
of the business entity; or
4) the person serves as an elected officer of
the business entity; or
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5) the person is an employee of the business
entity; or j'
b) the person is a creditor, debtor or guarantor
of any person, group or business entity in j
the amount of five thousand dollars ($5,000)
or more; or
7) property of the person has been pledged to I
a person, group or business entity or is sub- i
ject to a lien in favor of the person, group
or business entity in the amount of five
thousand dollars ($5,000) or more.
b) A person does not have a substantial interest in a
business entity if:
1) the person holds a position as a member of
the board of directors or other governing
board of a business entity; and
2) the person has been designated by the city
council to serve on such board; and
3) the person receives no remuneration, either
directly or indirectly, for his service on
such board; and
4) the primary nature of the business entity is
either charitable, nonprofit or governmental.
c) A person has a substantial interest in real prop-
erty if the interest is an equitable or legal
ownership interest with a fair market value of two
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business entity or ownership of either 10
percent or more or $5,000 or more of the fair
market value of the business entity (see
section 171 002, Texas Local Government
Code); or
i
2) funds received Ov the person from the busi-
► ness entity exceed ten percent of the
person's gross income for the previous year
(see Section 171,002, Texas Local Government
Code); or
3) the person holds a position of member of the
board of directors or other governing board
of the business entity; or
4) the person serves as an elected officer of
the business entity; or
5) the person is an employee of the business
entity; or
6) the person is a creditor, debtor or guarantor
of any person, group or business entity in
the amount of five thousand dollars ($5,000)
or more; or
7) property of the person has been pledged to
a person, group or business entity or is sub-
ject to a lien in favor of the person, group
or business entity in the amount of five
thousand dollars ($5,000) or more.
b) A person does not have a substantial interest i,;i a
business entity if:
1) the person holds a position as a member of
the board of directors or other governing
board of a business entity; and
2) the person has been designated by the city
council to serve on such board; and
3) the person receives no remuneration, either
directly or indirectly, for his service on
such board; and
4) the primary nature of the business entity is
either charitable, nonprofit or governmental.
c) A person has a substantial interest in real prop-
erty if the interest is an equitable or legal
ownership interest with a fair market value of two
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a or more
thousand five hundred dollars ($2t500.0")
Government
(see Section 171.002, Texas
Code).
(i) A person has a substantial i.nterestson under re his
article if the person is spouse or a porated
to the person in the first degree by consanguinity
or affinity has a substantial Interest under Local
article ( see Section 171.002, Texas Government Code). A person is related in the
first degree by consanguinity to his or her
father., mother, brothar, sister, son or daughter.
A person is related in the first mo ther-iny
affinity to his or her father-in-law, s
Law, brother's spouse, sister's sp r on-in-law
or daughter-in-law.
Section 2-238, Standards of conduct.
a) No city officer, employee or advisory board
member, or their spouses, shall knowingly:
1) Accept or solicit any gifavor, service or
thing of value from any person, group or
business entity that might reasonably tend to
influence him in the discharge of his offi-
cial duties;
2) Grant in the discharge of his official duties of value
any improper favbusiness ten thing
to any person, group or. j
3) Accept or solicit any gift, favor, service or
thing of value, including a promise of future
employment, of sufficient economic value that
It might reasonably tend to influence him, in
the discharge of his official duties, from
any person, croup or bi.Asiness entity:
a. Who is licensed or has a substantial
interest in any business entity that Is
licensed by any city department, agency,
commission or board on which thetyofficer, employee or advisory board
member serves; or
b. Who has a personal financial interest in
any proposed ordinance or decision upon
which the city officer, employee
advisory board member may or must act or
make a recommendation, p employee or
ever, that any city officer, advisory board member and any spouses,
may accept travel and related expenses
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and attend ceremonial :unctions, pro-
vided that such acceptance by ndhe teeny
dance have been approved
council prior to the occurrence of the
ceremonial function.
4) Disclose any confidential information gained
by reason of the position of the officer,
employee or advisory board member concerning
the property, operations, policies or affairs
of the city, or use such conf9.dential Informa-
finan-
tion to advance any personal interest,
cial or otherwise, of such officer, employee
or advisory board member, or others.
shall not preclude dis-
This subparagraph 4)
closure of such confidential ly,'iforation or pro eedn
connection with any
ing regarding whether there has been a viola-
tion of the standards of conduct set forth in
this article.
5) Use one's position or office of employment,
or city facilities, personnel, equipment or
supplies for the private gain of the city
officer, employee or advisory board member,
or for the private gain of his spouse.
6) 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; i
b. The paying of taxes, fines, utility
4 service or filing fees;
i
C. Subject to restrictions contained n the
charter of the city, executing and per-
forming any any community facilities
tract or plat in compliance with laws
and regulations applicable to any per-
son; provided, hoviever, that if any city
ordinance, rule
discretion by or tho reg apprloptr1 to loffice-CO
or employees of the city in the interpre-
tation or enforcement of such ordinance,
rule or regulation any such discretion o the city
shall be exercised in £dVOUChfcommunity i
in connectiar; with ant i
facilities contract or plat;
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and attend ceremonial functions, pro-
vided that such acceptance and atten-
dance have been approved by the city
council prior to the occurrence of- the
ceremonial function.
4) Disclose any confidential information gained
by reason of the position of the officer,
employee or advisory board member concerning
the property, operations, policies or affairs
of the city, or use such confidential inforfna-
tion to advance any personal interest, finan-
cial or otherwise, of such officer, employee
or advisory board member, or others.
This subparagraph 4) shall not preclude dis-
closure of such confidential information in
connection with any investigation or proceed-
ing regarding whether there has been a viola-
tion of the standards of conduct set forth in
this article.
S) Use one's position or office of employment,
or city facilities, personnel, equipment or
supplies for the private gain of the city
officer, employee or advisory board member,
or for the private gain of his spouse.
6) Engage in any exchange, purchase or sale of
property, goods or services with the city,
excepts
a. Rendering services to the city as an
officer, employee or advisory board
member;
b. The paying of taxes, fines, utility
service or filing fees;
C. subject to restrictions contained in the
charter of the city, executing and per-
forming any community facilities con-
tract or plat in compliance with laws
and r.3gulations applicable to any per-
son; provided, however, that if any city
ordinance, rule or regulation allows any
discretion by the appropriate officers
or employees of the city in the interpre-
tation or enforcement of such ordinance,
rule or regulation any such discretion
shall be exercised in favor of the city
in connection with any such community
facilities contract or plate
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d. Members of advisor;- boards set up by
ordinance, charter or state law who are
not otherwise officers or emjLDyees 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, how- ;
ever, that the board of which they are a
member has no advisory function or cogni-
zance, direct or indirect, present or
prospective, with respect to the transac-
tion in which such advisory board member
engages or proposes to engage.
b) No city officer, employee or advisory board member
shall knowingly:
1) Appear before the body of which the officer,
employee or advisory board member is a member
as a representative for any person, group or
business entity. ,
2) Represent, directly or indirectly, any per-
son, group or business entity in any action
c,r 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.
3) Represent, directly or indirectly, any per-
son, group or business entity in any action
or proceeding in the municipal courts of the
city which was Instituted by a city officer
or employee in the course of official duties,
or a crimina). proceeding in which any city
officer or employee is a material witness for
the prosecuti,)n.
C) It shall not be a violation of this section for a
city officer, employee or advisory board member,
or his spouse, to appear before the city council,
historic and cultural advisory board, plan commis-
sion, zoning board of adjustment, or zoning commis-
sion to represent himself in a matter affecting
his property; provided, however, that no such
person, or his spouse, shall appear before any
board of which he is a member in such a matter.
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section 2-239, Disclosure of Interest.
a) If any city officer, employee or advisory board
member has a substantial interest in any per,
group or business entity, or real property
involved in any decision pending before such
officer, employee, or advisory board member, or
the body of which he or she is a member, such
rd member shall
officer, employee, or advisory boa below and
disclose such interest, as provided in c)
shall not, except as provided in b) below, vote or
otherwise participate in the consideration of the
matter,
b) If any of the following interests are involved in
any decision pending before any city fbffiice ,
employee, or advisory board member, r the of
which he is a member, such officer, employes, or
advisory board member must disclose such interest
as provided in c) below, but he shall be permitted
to vote on and participate in the consideration of
such matters
1) a decision concerning a bank-or other finan-
cial institution from which the officer,
employee, or advisory board member has a home
mortgage automobile loan, or other install- +
meet loan, if the loan is not currently in ~
default, was originally for a term of more
for than ears and cannot be to the
terms thereof;
2) a decision concerning a bank or other finan-
cial institution in which the officer,
employee, or advisory board member holds a
savings account, checking account or certifi-
cate of deposit and which is fully insured by i
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) substi-
collateral tby approval a city depository
tution decision
bank;
5) a decision concerning real property in which
the officer, employee or advisory board mem-
ber +has a substantial interest if it is not
reasonably forseeable that such decision
would have a special economic effect on the
8
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Section 2-239. Disclosure of Interest.
a) if any city officer, employee or advisory board
member has a substantial interest in any person,
group or business entity, or real property
involved in any decision pending before such
officer, employee, or advisory board member, or
the body of which he or she is a member, such
officer, employee, or advisory board member shall
disclose such interest as provided in c) below and
shall not, except as provided in b) below, vote or
otherwise participate in the consideration of the
matter,
b) If any of the following interests are involved in
any decision pending before any city officer,
employee, or advisory board member, or the body of
which he is a member, such officer, employee, or
advisory board member must disclose such interest
as provided in c) below, but he shall be permitted
to vote on and participate in the consideration of
such matters
1) a decision concerning a bank-or other finan-
cial institution from which the officer,
employee, or advisory board member has a home ¢
mortgage, automobile loan, or other install-
ment loan, if the loan is not currently in
default, was originally for a term of more
than 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 finan-
cial institution in which the officer,
employee, or advisory board member holds a
savings account, checking account or certifi-
cate of deposit and which is fully insured by i
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 substi-
tution of collateral by a city depository
bank;
5) a decision concerning real property in which
the officer, employee or advisory board mem-
ber &has a substantial interest if it is not
reasonably forseeable that such decision
would have a special economic effect on the
8
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3) •
~i
value of the property, distinguishable from
the effect on the public (see
'h S%7-ction 171.004, Texas Local Government
Code).
1
C) A city officer, employee, or advisory board member
shall disclose the existence of any substantial
interest in any person, business entity or real
property involved in any decision pending before
such officer, employee, or advisory board member,
or the body of which he is a member. To comply
with this paragraph, a city officer or advisory
board member shall, prior to any discussion or
determination of the matter, either, file an
f affidavit of disclosure as required by Section
171.004 of the Texas Local Government Code 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 paragraph, a city employee shall notify
his superior in writing of the nature of any sub-
stantial interest he may have in a person, busi-
ness entity or real property which would be
affected by an exercise of discretionary authority
by the city employee and such superior shall
assign the matter to another employee.
2. The present Division 2, "Financial disclosure
by officers and candidates", is redesignated as
Division 4, Sections 256 through 2-260 in Division 2
are renumbered to Sections 2-261 to 2-265 in
Division 4, but the provisions thereof are not other-
wise changed.
3. A new Division 2 and Division 3 are added there-
to, which divisions shall read as follows:
DIVISION 2, ETHICS REVIEW COMMITTEE
Sec, 2-240. Required functions.
There is hereby created an ethics review committee. It
shall have the duty and power, unless otherwise pro-
vided, to rule upon the appropriate disposition of alle-
gations of violations of division 1 of this article,
Sec. 2-241. Members.
a' The ethics review committee shall consist of five
(5) members,
b) The members of the committee shall be appointed by
the city council,
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C~ All members shall be residclnts of the city. No
member shall hold any city elected or appointed
office or be a candidate for any such office. One
member of the committee shall be an attorney
licensed to practice in the the Tmembership
nearly as is reasonably Possiblre resemembe of
of the committee shall be fairleli pros, cultural,
all of the several ec°°that comprise the popula-
ethnic and racial groups council shall develop a
lion of the city The city professional organiza-
tions of community, civic and pr- suggestions
bone which shall committee make sugg
for appointments
d) committee members shall be appointed to two-year
two (2) members
staggered terms with the to 992 of with successive
to expire on October 1, members
two-year terms, and the terms of three (successive
to expire on October It 1993, serve for more
two-year terms. No member arsl for be appointed
years
than six (b) consecutive
terms.
for more than three (3) full
e) addition to the f city counc
removal, , membeer committee may sualbe powers
re
by a majority of the city council for a violation
the
a complaint filed
of this article. In coysidtheng council may follow f
with the city secretar ,
the procedures hereinafter set forth regarding the
disposition of alleged violations of this article.
f) All vacancies shall be filled for the unexpired
terms. A member shall hold °ttiecoiCytaouncilsand
cessor has been appointed by
shall continue to hold the cei~fter his is for sloe
has been appointed by
limited purpose of the disposition of all com-
that member's term. No
plaints filed during a
member may participate in a decision regarding
complaint initiated prior to the expiration of the
previous member's term, but new members shall
s
assume the s duties
initiated after the previoustmemberl
complainants
term.
Sec, 2-242. Chairperson; quorum.
The committee shall elect a chairperson and a vice-
chairperson to one-year terms. The vice-chairperson
shall act as chairperson in the absence of the chairper-
son or in the event of. a vacancy in that Position.
Three (3) more members enoeactiontof the icommittee shallschaolnlstbe
uor rum,
lute a quorum,'
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C) All members shall be residents of the city. No
membor shall hold any city elected or appointed
office or be a candidate for any such office. One
member of the committee shall be an attorney
licensed to practice in the State of Texas. As
nearly as is reasonably possible, the membership
of the committee shall be fairly representative of
all of the several economic, religious, cultural,
ethnic and racial groups that comprise the popula-
tion of the city The city council shall develop a
list of community, civic and professional organiza-
tions which shall be invited to make suggestions
for appointments to the committee.
d) Committee members shall be appointed to two-year
staggered terms with the terms of two (2) members
to expire on October 1, 1992, with successive
two-year terms, and the terms of three (3) members
to expire on October 1, 1993, with successive
two-year terms. No member shall serve for more
than six (S) consecutive years nor be appointed
for more than three (3) full terms.
e) In addition to the city council's usual powers of
removal, members of the committee may be removed
by a majority of the city council for a violation
of this article. In considering a complaint filed
with the city secretary, the council may follow
the procedures hereinafter set forth regarding the
disposition of alleged violations of this article.
i
f.) All vacancies shall be filled for the unexpired
terms. A member shall hold office until his suc-
cessor has been appointed by the city council and
shall continue to hold office after his successor
has been appointed by the city council for the
limited purpose of the disposition of all com-
plaints filed during that member's term. No
member may participate in a decision regarding a
complaint initiated prior to the expiration of the
previous member's term, but new members shall
assume the duties of office with respect to all
complainants initiated after the previous member's
term.
Sec. 2-242. Chairperson; quorum.
The committee shall elect a chairperson and a vice-
chairperson to one-year terms. The vice-chairperson
shall act as chairperson in the absence of the chairper-
son or in the event of a vacancy in that position.
Three { 3 } or mo ' t)ut members of the committee shall shalltbe
uor rum,,
tuts a quorum,'
10
of any force or effect unless it. is adopted by the
favorable votes of three (3) or more of the members.
Sec. 2-243. Meetings.
The committee shall have regular quarterly meetings and
such other meetings as may be necessary to fulfill its
responsibilities. The committee shall receive reports
of orientations of newly appointed, employed,
elected officers, employees and advisory board members
'
concerning the provisions of this article and copies'of
opinions related to this article that have been issued
The chair-
by the city att:rney since the last meeting.
person or any three (3} members of the committee may
call a meeting provided that notice is given to each
member and written notice is posted in accordance with
provisions of the Texas Open Meetings Act.
Sec. 2-244. Duties.
a) The committee shall, in addition to its other
dutiesi
1} Prescribe forms for reports, statements,
notices, and other documents required by this
article;
2) Prepare and issue advisory opinions and pub-
lish materials explaining the duties of indi-
viduals subject to this article, meincluding
city officers, employees and board 3) cause sufficient copies of this ordinance,
and other ordinances, city charter provisions
and state statutes defining and prohibiting
conflicts of interest, to be prepared and
published and see that the same are e -
available to city officers, employees,
advisory board members, elected officials
and the general public.
to reports compliance
4} thelcommitteeain statements and
with this article;
of r five filed d with
J) Preserve tiod reports
the committee for o per years
from the date of receipt;
6) Review appropriate article atou he
make city
council;
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7) Review all opinions related to this article
that are issued by the city attorney; and
8) Report to the city council at least once each
year concerning the activities of the commit-
tee during the preceding year.
b) The committee may:
1) Request the city council and city manager to
provide such assistance as it may require 'in
the discharge of its duties; and
2) provide or assist in providing orientations
to city officers, employees and advisory
f board members concerning the provisions of
this article.
Sec, 2-245. Staffing,
a) when complaints are filed relating to the mayor,
city council members, city manager., city attorney,
city auditor, municipal court judges, city secre-
tary, department heads, and deputies, independent
legal counsel shall be selected by the committee
to advise the committee and participate in hear-
ings. The independent legal counsel shall be
selected by the committee on a case-by- case basis.
Pee arrangement with such counsel must be approved
by the city council.
b) Any city officer, employee, advisory board member
or candidate for city elective office may request,
and the city attorney shall thereupon promptly
issue, an opinion concerning the meaning or effect
of any section, word, or requirement of this
article as it affects such officer, employee,
advisory board member or candidate.
If a complaint is subsequently filed with the
ethics review committee about any specific action,
omission, or alleged conflict of interest which
has been the subject, in whole or in part, of a
city attorney's opinion, the independent legal
counsel shall act as the committee's attorney on
said complaints,
c) The city secretary shall provide the public with
information and forms developed by the committee
regarding this article.
d) Consistent with the foregoing provisions, the city
attorney shall provide such assistance to the com-
mittee as the committee shall request.
1.2
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a
7) Review all opinions related to this article
that are issued by the city attorney; and
8) Report to the city council at least once each
year concerning the activities of the commit-
tee during the preceding year.
b) The committee mays
1) Request the city council and city manager to
provide such assistance as it may require in
the discharge of its duties; and
orientations
2) Provide or assist in psgand advisory
to city officers, emplo
Yee revisions of
board members concerning the p
this article.
Sec. 2-245. Staffing. the a) When complaints are filed relating city attorney,
city council members, city manager, city ney,
secre-
city auditor, municipal court judges,
tary, department heads, and deputies, independent
legal counsel shall be selected by the committee
i to advise the committee and a articipate in
counsel halleabe
ings. The independent leg
must be approved
Feeearrangement wit hi such o case
by the city council.
f•
b) Any city officer, employee, advisory board member
candidate for city elective office
promptly
and the city attorney shall t the meaning or effect
issue, an opinion concerning requirement of this
of any section, word, , o ;
article as it affects such officer, employee,
advisory board member or candidate,
If a complaint is subsequently specific iled ia tione
ethics review committee about any
omission, or alleged conflict of interest wohfca
has been the subject, in whole inor in dependent, legal
city attorney's opinion, the counsel shall act as the committee's attorney on
said complaints.
C) The city secretary shall provide the public with
information and forms developed by the committee
regarding this article.
d) Consistent with the foregoing provisions, the city
attorney shall provide such assistance to the com-
mittee as the committee shall request.
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Sec. 2-246. Rules
The committee may adopt, amend, and rescind rules of
procedure to carry out the provisions of this article.
Such rules shall be consistent with this article and
other applicable laws,
DIVISION 3. DISPOSITION OF ALLEGED VIOLATIONS;
HEARINGS
Sec. 2-247. Complaints.
a) A complaint alleging a violation of division 1 of
this article shall specify the section thereof
alleged to have been violated. The complaint i
shall be sworn to as true and correct by the com-
plainant or some other person(s) having personal
knowledge of the facts stated therein. The com-
plainant must be a registered voter, if eligible,
in the jurisdiction where he resides.
b) Upon the sworn complaint being filed with the city
secretary's office, the ethics review committee
shall consider possible violations of division 1
of this article by city officers, employees and
advisory board members and former city officers
and employees other than members of the committee.
C) Not later than seven working days after the city
secretary receives a sworn complaint, the city
secretary shall acknowledge the receipt of the
complaint to the complainant and provide a copy of
the complaint to the city attorney, the committee
and the person complained against. Not later than
fifteen (15) working days after receipt of a com-
plaint, the committee shall notify in writing the
person who made the complaint and the person com-
plained against of a date for a preliminary hear-
ing or final hearing. If the committee does not
hold a preliminary hearing or final hearing within _
thirty (30) working days after receipt of the com-
plaint, it shall notify the person who made the
complaint of the reasons for the delay and shall
subsequently give him the appropriate notification
when a hearing is set.
d) A complaint alleging a violation of division 1 of
this article must be filed with the city secretary
within two (2) years after the commission of the
action alleged as a violation and not afterward;
provided, however, that the committee will not
13
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consider or act on any alleged violation which has
previously been presented to and considered by the
city council.
Sec. 2-248. Defense of official, employee or
advisory board member by city
attorney.
When a complaint, is filed with the city secretary
against any officer, employee or advisory board member
of the city, alleging a violation of division 1 of this
article, if said officer, employee or advisory board
member reasonably believed the conduct charged was not
prohibited by said division and acted in reasonable
reliance upon an opinion rendered by the city attorney,
the city attorney shall be authorized to represent the
officer, employee or advisory board member before the
ethics review committee, or the committee may select
private counsel to represent the officer, employee or
advisory board member before the committee. Fee
arrangements with suca counsel must be approved by the j
city council.
Sec. 2-249. Review of complaints by city
attorney.
a) Not later than seven {7) working days after ~i
receipt of a copy of a complaint from the city
secretary, the city attorney shall, where appli-
cable, notify in writing the committee, the com-
plainant and the person complained against, that,
in the city attorney's opinion, the complaint is
defective as to form or does not allege conduct
which would be a violation of division 1 of this
article, and the basis for such opinion.
i
b) When the complainant is notified by the city
attorney that the complaint is defective or insuf-
ficient, the complainant may, prior to the prelims-
nary hearing, file a sworn amended complaint with
the city secretary. Not later than seven working
days after the city secretary receives the amended
complaint, the city secretary shall acknowledge
receipt of the amended rompJaint to the com-
plainant and provide a copy o: the amended com-
plaint to the city attorney, the committee and the
person complained against.
C) The city attorney shall express no opinion concern-
ing whether a complaint is defective or insuffi-
cient when the person complained against acted in
reasonable reliance upon an opinion rendered by
the city attorney.
14
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consider or act on any alleged violation which has
previously been presented to and considered by the
city council.
Sec. 2-248. Defense of official, employee or
advisory board member by city
attorney.
When a complaint is filed with the city secretary
against any officer, employee or advisory board member
of the city, alleging a violation of division 1 of this
article, if said officer, employee or advisory board
member reasonably believed the conduct charged was not
prohibited by said division and acted in reasonable
reliance upon an opinion rendered by the city attorney,
the city attorney shall be authorized to represent the
officer, employee or advisory board member before the
ethics review committee, or the committee may select
private counsel to represent the officer, employee or
advisory board member before the committee. Fee
arrangements with such counsel must be approved by the
city council.
Sec, 2-249. Reviaw of complaints by city
attorney.
a) Not later than seven (7) working days after
receipt of a copy of a complaint from the city
secretary, the city attorney shall, where appli-
cable, notify in writing the committee, the com-
plainant and the person complained against, that,
in the city attorney's opinion, the complaint is
defective as to form or does not allege conduct
which would be a violation of division 1 of this
article, and the basis for such opinion.
b) When the complainant is notified by the city
attorney that the complaint is defective or insuf-
ficient, the complainant may, prior to the prelimi-
nary hearing, file a sworn amended complaint with
the city secretary. Not later than seven working
days after the city secretary receives the amended
complaint, the city secretary shall acknowledge
receipt of the amended complaint to the com-
plainant and provide a copy of the amended com-
plaint to the city attorney, the committee and the
person complained against.
C) The city attorney shall express no opinion concern-
ing whether a complaint is defective or insuffi-
cient when the person complained against acted in
reasonable reliance upon an opinion rendered by
the city attorney,
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Sec. 2-250. Prohibition of ex parte
communications.
After a complaint has been filed and during the pen-
dency of a complaint before the committee, a member of
the committee may not communicate directly or indirect-
ly with any party or person about any issue of law or
fact regarding the complaint except at a meeting of the
committee. However, nothing in this section shall pro-
hibit communications between members of the committee
and the committee's attorney, or between members of the
committee concerning whether to call a committee
meeting.
Sec. 2-251. Preliminary hearing.
a) When the city attorney has rendered an opinion
that a complaint or amended complaint is defective
as to form or insufficient because it does not
allege the existence of reasonable grounds to
believe that a violation of division 1 of this
article has occurred, the committee shall hold a
preliminary hearing, The complainant, the person
complained against and the city attorney shall be
notified in writing of the preliminary hearing.
i
b) the issue at the preliminary hearing shall be
whether the complaint is defective as to form or
whether the complaint alleges the existence of
reasonable grounds to believe that a violation of
division 1 of this article has occurred.
i
C) If the complaint is alleged to be defective as to
form, the committee shall hear the arguments of
the city attorney and the complainant concerning
the sufficiency of the form of the complaint. The
committee shall then either determine that the
complaint is sufficient as to form or dismiss the
complaint as defective as to form The decision
of the committee shall be in writing and state the
reasons for such decision. Before a complaint may
be dismissed because it is defective as to form,
the complainant shall be permitted one oppor-
tunity, within a period to be specified by the
committee, to amend and resubmit the complaint.
If the committee determines that the complaint is
sufficient as to form, it shall schedule a final
hearing.
d) if the complaint is alleged to be insufficient
because it does not state sufficient facts to show
that a violation of division 1 of this article has
occurred, the committee shall hear the testimony
of the complainant who shall state the alleged
15
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violation and describe in narrative form the testi-
mony and other evidence which would be presented
to prove the alleged violation as stated in the
complaint- Such testimony shall be under oath,
but there shall be no cross-examination or
requests for persons or evidence issued for the
hearing- Members of the committee may question
the complainant. The person complained against
shall have the opportunity to respond but is not
required to attend or make any statement. The
person complained against may describe in narra-
tive form the testimony and other evidence which
would be presented to disprove the alleged viola-
tion. If the person complained against agrees
that a violation has occurred, he may so state and
the committee may then consider the appropriate
sanction.
1) At the conclusion of the preliminary hearing,
the committee shall decide whether a final
hearing should be held. If the committee
determines that there are reasonable grounds
to believe that a violation of division 1 of
this article has occurred, it shall schedule
a final hearing. If the committee determines
that there are no reasonable grounds to {
believe that a violation of division 1 of
this article has occurred, the complaint f
shall, be dismissed. Before a complaint is 1 lI
dismissed for failure to allege a violation,
the complainant shall be permitted one oppor-
tunity, within a period to be specified by
the committee, to amend and resubmit the com-
plaint.
2) The complainant and the person complained
against may ask the committee at a prelimi-
nary hearing to request certain persons and
evidence for the final hearing, if one is
scheduled.
3) A decision to conduct a final hearing is not
a finding that a violation has occurred.
Sec. 2-252. Final hearing.
a) When no preliminary hearing is required, the final
hearing shall be held as expeditiously as possible
following the filing of the complaint, but in no
event shall it be held more than thirty (30) days
after the filing of the complaint.
b) hWhen a earing s hall ibe rheld hearing nexpedit expeditiously pas t possible
16
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violation and describe in narrative form the testi-
mony and other evidence which would be presented
to prove the alleged violation
shalal teed i oathe
complaint. Such testimony
but there shall be no cross-examination or
requests for persons or evidence issued for the
hearing. Members of the committee may question
the complainant. The person complained against
shall have the opportunity to respond but is not
required to attend or make any statement. The
person complained against may describe in narra-
tive firm the testimony and other evidence which
would be presented to disprove the alleged viola-
tion. If the person complained against agrees
that a violation has occurred, he may so state and
the committee may then consider the appropriate
sanction.
1} tht conclusion preliminary ed
ecommittshall decide whether afinal
hearing should be held. if the committee
determines that there are reasonable groundn j
to believe that a violation of division 1 of
this article has occurred, it shall schedule
a final hearing. If the committee determines
that there are no reasonable grounds to
believe that a violation of division 1 of
this article has occurred, the complaint
shall be dismissed. Before a complaint is
dismissed for failure to allege a violation,
the complainant shall be permitted one oppor-
tunity, within a period to be specified by
the committee, to amend and resubmit the com-
plaint.
2) The complainant and the person complained
against may ask the committee at a prelimi-
nary hearing to request certain persons and
evidence for the final hearing, if one is
scheduled.
3) a A decision to finding that a violation has occurred.
Sec. 2-252. Final hearing,
a) When no preliminary hearing is required, the final
hearing shall be held as expeditiously i
in le
following the filing of the complaint, but
event shall it be held more than thirty (30) days
after the filing of the complaint.
b) When a preliminary hearing is required, the final
hearing shall be held as expeditiously as possible '
16
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following the determination by the committee that
there are reasonable grounds to believe that a
violation of division 1 of this article has
occurred, but in no event shall it be held more
than thirty (30) days after said determination
unless a postponement is granted upon request of
the person complained against. The committee may
grant two (2) postponements, not to exceed fifteen
(15) days each, upon the request of the person
complained against.
c) The issue at a final hearing shall be whether a
violation of division 1 of this article has
occurred. The committee shall make its determina-
tion based on the preponderance of the evidence
(the greater weight and degree of the credible
evidence and testimony). All witnesses shall make
their statements under oath. if the committee
determines that a violation has occurred, it shall
state its findings in writing, shall identify the
section of division 1 of this article which has
been violated, and within five (5) working days
thereafter shall deliver a copy of the findings to
the complainant, the person complained against and
the city secretary. If the committee determines
that no violation has occurred, it shall state its
determination in writing and within five (5)
working days thereafter shall deliver a copy of
the determination to the complainant, the person
complained against, and the city secretary. Such
determination of the committee shall be Final ;
unless appealed from within 10 days as provided in
Section 2-256(b).
Sec. 2-253. Oaths, requests for subpoenas and
information.
If a complaint proceeds to a final hearing, the cormnit-
tee may administer oaths and affirmations, take evi-
dence, request and issue subpoenas for witnesses to
attend and testify, and request and issue subpoenas for
the production of books, papers, records, or other evi-
dence needed for the performance of the committee's
duties or the exercise of its powers. subpoenas are
subject to the provisions of section 2-258.
Sec. 2-254. Expedited hearing schedule.
For good cause shown by the person complained against,
the committee may shorten the hearing schedule estab-
lished in Sections 2-247, 2-249, 2-251 and 2-252.
17
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Sec. 2-255. Sanctions to be imposed or recommended
by committee.
a) If the committee determines that a violation of
division 1 of this article has occurred, it shall
proceed directly to determination of the appro-
priate sanctions. The committee may receive addi-
tional testimony or statements before considering
sanctions but is not required to do so. If the
person complained against acted in reliance upon
an opinion of the city attorney, the committee
shall consider the fact. I
b) it the committee determines that a violation of i
division 1 of this article has occurred, it may
impose or recommend the following sanctions:
1) A letter of notification shall be the appro-
priate sanction when the violation is clearly
unintentional, or when the conduct of the
person complained against was done in reli-
ance upon an opinion of the city attorney. A
letter of notification shall advise the
officer, employee, or advisory board member
to whom it is directed of any steps to be
taken to avoid future violations. The com-
mittee may direct a letter of notification to f
any officer, employee or advisory board member
covered by division l of this article.
2) A letter of admonition shall be the approp-
riate sanction in those cases in which the
committee finds that the violation is minor
and/or may have been unintentional, but calls
for a more substantial response than a letter
of notification. The committee may admonish
any officer, employee or advisory board
member covered by division 1 of this article.
3) A reprimand shall be the appropriate sanction
when the committee finds that a violation has i
been committed intentionally or through disre-
gard of division 1 of this article. The
committee may reprimand any officer, employee
or advisory board member covered by division
1. A reprimand directed to a city employee
shall also be sent to the city manager and
included in said employee's personnel file.
4) A recommendation of removal or suspension
from office or employment, as well as a recom-
mendation mendation for length of suspension, shall the appropriate sanction when the committee
finds that a serious or repeated violation of
19
i
Sac. 2-255. Sanctions to be imposed or recommended
by committee.
if the committee determines that a violation of
division 1 of this article has occurred, it shall
proceed directly to determination of th.e eaaddo-rec tio sanctions. or The
statements ebefore considering
tonanal l testimony o required to do so. If the
sanctions but is not person complained against acted in reliance upon
an opinion of the city attorney, committee
shall consider the fact.
b) if the committee determines that a violation of
it may 1 of this article has occurredg y
impose or recommend the following s
1) A letter of notification shall be the appro-
priate sanction when the violation is clearly
unintentional, or when the conduct of the
person complained against was done in eyeli-
ance upon an opinion of the city
e the
letter of notee, on advisoryl advismember
officer, employee, steps to be
to whom it is directed of any
taken to avoid future violations. The com-
mittee may direct a letter of notification to
any officer, employee or advisory board member
covered by division 1 of this article.
2) A letter of admonition shall be the approp-
r
inor
riate sanction in those cases in which the
committee finds that the violation but malls
and/or may have been unintentional, a letter i
for a more substantial response admonish
The
orttadvisory board
of notificationemployee
any officer, member covered by division 1 of this article.
shall be the appropriate sanction
A reprimand 3)
when the committee finds that r violation has
been committed intentionally
gard of division 1 of this article to ee
committee may reprimand any officer, division
or advisory board member covered by o io on
1. A reprimand directed to a city ity , er and
shall also be sent to h personnelage
included in said employee's file.
4) A recommendation of n~movvslW 11 as a rensio ecom
ymeof suspension, shall be
from office for e length
mendation for n
the appropriate sanction when the committea
finds that a serious or repeated violation of
18
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ti
t.
division 1 of this article has been committed
intentionally or through culpable disregard
of division 1 of this article by a appointe
I` city officer, employee or advisory board
member. A recommendation of removal from
office or a recommendation of suspension from
office for an offiiert ebyl he city accouncil
board member ap pp
shall be transmitted to the city council.
The final authority to carry out such recom-
mendations to remove from office or suspend
from office and the length of the suspension
shall be with the city council. A recommenda-
tion for removal or suspension of a city
officer or employee appointed by the city
manager shall be directed from the committee
to the city manager and the officer or
employee may appeal from any such committee
recommendation to the manager. in such cases
the final authority to carry out a recommenda-
Lion to remove or suspend from such an office
or employment and the length of the suspen-
sion shall be wi lh the city e cnager. ee To of
city manager shall notify he takes
the personnel action, if any, which
result es
against an officer or employ. as a
the committee's recommendation.
5) A letter of censure, a recommendation of
recall, or a recommendation to institute pro-
ceedings for removal from office shall be the
appropriate sanction when thcomlmottee finds
that a serious or repeated
division 1 of this article has been committed
intentionally of this article culpable
anielected
of division 1
city official. A letter of censure, a recom-
mendation of recall, or a recommendation to
institute proceedings for removal from
office, directed to an elected city official,
secretary
shall be transmitted to the city s proceed-
ings to the city council. Any recall
shall be subject to the procedures eedi spe
cified in the city charter, Any procngs
for removal from office shall be in compli-
ance with provisions of the city charter and
state law.
Sec. 2-256. Appeal to city council from certain
committee determinations,
a) Under the provisions of this section, the commit-
tee's determination whether or not a violation of
division 1 of this article has occurred, or
whether or not a complaint is defective or efails
ither
to allege a violation, may be appealed by e
19
eel:-'-sec[
F'
1
r R.MFj.'=f
the complaining party or a party c o m p l a i n e d
against who is an officer or advisory board member
appointed by the city council or an elected
official of the city.
b) The committee's determination whether or not a ,
violation of division 1 of this artoirl ha sooccurred, adviry board
involving an officer, employee, the city
member complained of who is appointed by y
council or who is an elected official of the city, or
whether or not a complaint is defective or fails to
allege a violation, is final unless a written appeal is
filed with the c within o ton of (t10) committee tafterd the
city the
secretary
committee's determination.
c) The party who desires to appeal to city council
must file his written appeal stating sufficient
I~
facts to show thatt
1) the committee was prejudiced in its delibera-
tions; or
i
2) new evidence is available which was not con-
sidered by the committee; or s
3) the committee committed some error in its
deliberations.
d) The city secretary shall, forward the appeal to the
city council with a report of the committee's s
determination. The city council shall consider
such written appeal, hear a statement from the
ethe lected officer, offici al,, and eshalladvisory
ard complainant member and
b
1) Deny the appeal in its entirety; or s
2) if city council finds that the written appeal
states sufficient facts to satichedule
requirements of paragraph c) abovet s
the appeal le
its own evidentiary hearing on
refer the appeal to an independent hearing
officer for an evidentiary hearing as pro-
vided in paragraph f) below.
e) hearing if the city council schedules its own evidentiary
shall aoplyt
1) Such hearing shall be held within thirty (30)
days after the council decides to hear the
appeal. council may grant twoy ) postpone-
ments, each,
mnot to exceed fifteen (l) d
20
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r
qq~
the complaining party or a p a r t y c o m p l a i n e d
against who is an officer or advisory board member
appointed by the city council or an elected
official of the city,
b) The committee's determination whether or not a
violat.,)n of division 1 of this article his occurred,
involving an officer, employee, or advisory board
member complained of who is appointed by the city
council or who is an elected official of the city, or
whether or not a complaint is defective or fails to
allege a violation, is final unless a written appeal is
filed with the chairperson of the committee and the
city secretary within ten (10) days after the
committee's determination.
c) The party who desires to appeal to city council
must file his written appeal stating sufficient
facts to show that:
1) the committee was prejudiced in its delibera-
tions; or
2) new evidence is available which was not con-
sidered by the committee; or
3) the committee committed some error in its
deliberati.,ns.
d) The city secretary shall forward the appeal to the
city council with a report of the committee's
determination. The city council shall consider
such written appeal, hear a statement from the
complainant and the officer, employee or advisory I
board member or elected official, and shall:
1) Deny the appeal in its entirety; or
2) If city council finds that the written appeal
states sufficient facts to satisfy the
requirements of paragraph c) above, schedule
its own evidentiary hearing on the appeal or
refer the appeal to an independent hearing
officer for an evidentiary hearing as pro-
vided in paragraph f) below,
e) If the city council schedules its own evidentiary
hearing on the appeal, the following procedures
shall apply:
1) Such hearing shall be held within thirty (30)
days after the council decides to hear the
appeal. Council may grant two (2) postpone-
ments, not to exceed fifteen (is) days each,
20
i
t.
upon the request of t h e c i t y o f f i c e r,
advisory board member or elected official
complained against.
2) Tiie hearing of the appeal before the council
shall be dLkj novo (a completely new hearing).
The issue at such hearing shall be whether a
violation of division 1 of this article has
occurred.
3) At the hearing of the appeal, the city
council may administer oaths and affirma-
tions, take evidence, request and subpoena
witnesses to attend and testify, and request
and issue subpoenas for the production of
books, papers, records or other evidence
relevant to the alleged violation. All wit-
nesses shall testify under oath.
i
f) As an alternative to scheduling its own evi-
dentiary hearing on the appeal as provided in e)
above, the council may appoint a hearing officer
to conduct such a hearing and the following proced-
ures shall apply:
I 1) The hearing officer shall have the power to
compel witnesses to appear before him at such
times and places as he may direct, for the
purpose of hearing testimony under oath and i
receiving evidence on behalf of the city 1
council concerning whether a violation of
division 1 of this article has occurred. The
hearing officer shall have the authority to
administer oaths and affirmations, take evi-
dence, request and subpoena witnesses to
attend and testify, and request and issue
subpoenas for the production of books,
papers, records or other evidence relevant to
the alleged violation (subject uo section
2-2sa).
2) The hearing officer shall have such testimony
and evidence transcribed and reduced to
writing by a court reporter and shall file
the transcript with the city secretary within
such time as is specified by the city
council.
3) The hearing officer shall have the power to
make rulings concerning the relevancy and
admissibility of the evidence and testimony
presgnted to and heard by him, however, he
shall not make any recommendation to the city
21
i
council concerning whether a violation of
division 1 of this article has occurred.
11) The transcript of the testimony and evidence
presented to the hearing officer shall form
the evidentiary basis for a hearing to be
held before the city council concerning
whether a violation of division 1 of this
article has occurred.
5) No evidence or testimony shall be presented
at the hearing before the city council other
than the aforesaid transcript, hoe-never, the
complainant and the person complained against
shall be entitled to present oral or written
arguments to the council concerning whether
the testimony and evidena:--i in the transcript
establish that a violation of division 1 of
this article has occurred.
g) Upon completion of either of the hearing proced-
ures specified in e) or f) a).love, the council
i
shall determine, based on the preponderance of the
evidence (the greater weight and degree of the
credible evidence and testimony) whether a viola-
tion of division 1 of this article has occurred.
If the council determines that a violation has
occurred, it shall state its findings in writing,
shall identify the particular section of
division 1 of this article which has been vio-
lated, and within five
com-
the kifindings ng days to herear
shall deliver a copy of
plainant, the person complained against and the
city secretary.
h) The council may adopt rules of procedure for the
hearing of an appeal. Such rules shall be
consistent with the provisions of this article and
other applicable laws.
i} if the council determines that a violation of
division 1 of this article occurred, it shall pro-
ceed directly to determination of the appropriate
sanctions, The council may receive additional
testimony or statements before considering sanc-
tions but is not required to do so. If the
appointed city officer, employee, advisory board
member or elected official complained against
acted in reliance upon an opinion of the city
attorney, the council shall consider that fact.
j) If the Council determines that a violation has
occurred, it may impose or recommend the following
sanctionsi
22
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S f
r
h
council concerning whether a violation of
division 1 of this article has occurred.
4) The transcript of the testimony and evidence
presented to the hearing officer shall form
the evidentiary basis for a hearing to be
held before the city council concerning
whether a violation of division 1 of this
article has occurred.
5) No evidence or testimony shall be presented
( at the hearing before the city council other
than the aforesaid transcript, however, the
complainant and the person complained against
shall be entitled to present oral or written
arguments to the council concerning whether
the testimony and evidence in the transcript
establish that a violation of division 1 of
this article has occurred.
g) Upon completion of either of the hearing proced-
ures specified in e) or f) above, the council
shall determine, based on the preponderance of the
evidence (the greater weight and degree of the
credible evidence and testimony) whether, a viola-
tion of division 1 of this article has occurred.
If the council determines that a violation has
occurred, it shall state its findings in writing, r'
shall identify the particular section of
division 1 of this article which has been vio-
lated, and within five working days thereafter
shall deliver a copy of the findings to the com-
plainant, the person complained against and the
city secretary.
h) The council may adopt rules of procedure for the
hearing of an appeal. Such rules shall be
consistent with the provisions of this article and
other applicable laws.
i) If the council determines that a violation of
division 1 of this article occurred, it shall pro-
coed directly to determination of the appropriate '
sanctions, The council may receive additional a
testimony or statements before considering sanc-
tions but is not required to do so. If the
appointed city officer, employee, advisory board
member or elected official complained against
acted in reliance upon an opinion of the city
attorney, the council shall consider that fact.
i
j) If the gouncil determines that a violation has
occurred, it may impose or recommend the following
sanctions
22
s
• s.,;,,.,.,, i
s
c
1} A letter of notification shall be the appro-
priate sanction when the violation is clearly
unintentional, or when the appointed officer,
employee, advisory board member or elected
official's conduct complained of was made in
reliance on an opinion of the city attorney.
A letter of notification shall advise the
appointedi officer, employee, advisory board
member or elected official to whom it is
directed of any steps to be taken to avoid
future violations. The Council may direct a
letter of notification to any officer,
employee, or advisory board member appointed
by the City Council, or elected official
covered by division 1 of this article.
2) A letter of admonition shall be the appro-
priate sanction in those cases in which the
council finds that the violation is minor
and/or may have been unintentional, but calls
for a more substantial response than a letter
of notification,
3) A reprimand shall be the appropriate sanction
when the council finds that a violation has
been committed intentionally or through dis-
regard of division 1 of this article,
4) A removal from office or suspension from
office shall be the appropriate sanction when
the council finds that a serious or repeated
violation of division 1 of this article has
through been committed intentionally or cul-
pable disregard of division 1 of this article
by an appointed city officer, employee, or
advisory board member.
5) A letter of censure, a recommendation of
recall, or proceedings for removal from
office shall be the appropriate sanction when
the council finds that a serious or repeated
violation of division 1 of this article has
been committed intentionally or through cul-
pable disregard of division 1 of this article
by an elected city official. A letter of
censure, a recommendation of recall, or deci-
sion to institute poroceedings for removal
from office, directed to an elected city
official, shall be transmitted to and filed
with the city secretary. Any recall pro-
ceedings shall be subject to the procedures
specified in the city charter, Any proceed-
ings for removal from office shall be in com-
p),iance with provisions of the city charter
and state law.
23
i
Pa
S
t 'Fd
k} Any sanctions imposed by the city council on an
appointed city officer, employee, or advisory
board member pursuant to this section shall be by
majority vote of the city council. Any sanctions
imposed by the city council on an elected city
official pursuant to this section shall be by
majority vote of the remaining members of the city
council.
1) This section shall not apply to officers and
employees who are appointed by the city manager,
r The authority to discipline, suspend or remove
such officers and employees shall be with the city
manager.
Sec. 257. Criminal penalties.
Except where otherwise provided by state law or in
section 2-258, it is not the intention of the city
council in adopting this article that violations
thereof be subject to criminal penalties.
i
Sec. 258. Subpoenas.
a) The ethics review committee or hearing i
officer, at their discretion, may issue one
or more subpoenas for the attendance of wit- f f
nesses, the production of books, papers,
records or other evidence needed for the
performance of their duties or exercise of
their powers. The subpoena shall be issued
on the sworn application (of either the
complaining party or the person complained
against) stating that the applicant in good
faith believes that such item exists, and
stating in detail a description of any such
items, sufficient to be able to identify such
item, that the party requesting the subpoena
has not been able to obtain such item other-
wise, and that the applicant in good faith
believes that the item is in the possession
or control of a person or entity whose name
and address is specified in the sworn applica-
tion.
b) The committee or hearing officer may issue
any such subpoena upon terms and conditions
that they deem applicable.
c) The party requesting the subpoena, or the
party to the proceeding opposing it, and the
person or business entity against whom the
subpoena is sought each has the right to
appeal to the city council any decision by
the committee or hearing officer concerning
the request for subpoena. Such appeal shall
24
f9 r cd9 Syf~
k) Any sanctions imposed by the city council on an
appointed city officer, employee, or advisory
board member pursuant to this section shall be by
majority vote of the city council, Any sanctions
imposed by the city council on an elected city
official pursuant to this section shall be by
majority vote of the remaining members of the city
council.
1) This section shall not apply to officers and
employees who are appointed by the city manager.
The authc.t-ity to discipline, suspend or remove
such officers and employees shall be with the city
manager.
Sec. 257. Criminal penalties.
Except where otherwise provided by state law or in
section 2-258, it is not the intention of the city
council in adopting this article that violations
thereof be subject to criminal penalties.
Sec, 258. Subpoenas.
i
a) The ethics review committee or hearing
officer, at their discretion, may issue one
or more subpoenas for the attendance of wit-
nesses, the production of books, papers,
records or other evidence needed for the f
performance of their duties or exeicise of
their powers. The subpoena shall be issued
on the sworn application (of either the
complaining party or the person complained
against) stating that the applicant in good
faith believes that such item exists, and
stating in detail a description of any such
items, sufficient to be able to identify such
item, that the party requesting the subpoena
has not been able to obtain such item other-
wise, and that the applicant in good faith
believes that the item is in the possession
or control of a person or entity whose name
and address is specified in the sworn applica-
tion.
b) The committee or hearing officer may issue
any such subpoena upon terms and conditions
that they deem applicable.
c) The party requesting the subpoena, or the
party to the proceeding opposing it, and the
person or business entity against whom the
subpoena is sought each has the right to
appeal to the city council any decision by
the committee or hearing officer concerning
the request for subpoena. Such appeal shall
24
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! CI:EaFr!%A
• t
be made in writing within ten (10) days after
the committee or hearing officer's decision
(which must be in writing) by filing such
appeal with the city secretary.
d) All proceedings before the committee or hear-
ing officer shall be stayed until after the
city council acts on the appeal.
e) when the city council denies such an appeal,
if any, or the time for an appeal
expired, any person who is subpoenaed by the
committee or hearing officer to grecordsti-
mony or to produce books, papers,
other evidence needed for the performance of
the committee or hearing officer's duties or
the exercise of their powers, willfully makes
default or refuses to answer any question
pertinent to the proceedings before the com-
mittee or hearing officer, or refuses to obey
any subpoena or fails to produce boo so
papers and other evidence required by the
committee or hearing officer, shall be deemed
guilty of a misdemeanor and may be fined not i
` more than Five Hundred Dollars ($500.00) for
f each offense. Each day that a violation is
permitted to exist shall constitute a sepa-
rate offense. € 1
Sec. 2-259. Evidence of criminal conduct.,
During the performance of their duties under the provi
sions of this article, if the ethics review committee,
hearing officer, city manager or city council receives
evidence of criminal conduct, the committee, hearing
officer, city manager or council may provide such evi-
dence to the prosecuting attorney having jurisdiction
of such matter for appropriate action.
Sec. 2-260. Postponement of hearings in certain cases.
If a complaint alleges facts concerning a possible vio
lation of division 1 of this article and such facts are
involved in a criminal investigation or a criminal pro-
ceeding before a grand jury or the courts, the ethics
review committee, hearing officer, city manager or city
council may, when they deem appropriate, postpone any
hearing or any appeal concerning such complaint until
after the criminal investigation or criminal proceed-
ings are terminated.
25
I
C 61...
' I
I
SECTION II.
This ordinance shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fort Worth, Texas (1986), 'i
as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such
code, in which event conf•lic A ng provisions of such ordinances
and such Code are hereby repealed.
l
SECTION III.
i
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and
k
phrases of this ordinance are severable, and, if any phrase,
clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall E
not affect any of the remaining phrases, clauses, sentences, para-
graphs and sections of this ordinance, oince the same would have
been enacted by the City Council without the incorporation in
this ordinance of any such unconstitutional phrase, clause, sen-
tence, paragraph or section.
SECTION IV.
The City Secretary of the City of Fort Worth, Texas is
hereby directed to engross and enroll this ordinance by copying
the caption and Section V in the minutes of the City Council and j
by filing the ordinance in the ordinance records of the City.
SECTION V.
The City Secretary of thE, City of Fort Worth is hereby
directed to publish the caption, Section 2-258, and the effective
26
t
fl(yyS,3
5
be made in writing within ten (10) days after
the committee or hearing officer's decision
(which must, be in writing) by filing such
appeal with the city secretary.
d) All proceedings before the committee or hear-
ing officer shall be stayed until after the
city council acts on the appeal,
e) When the city council denies such an appeal,
if any, or the time for an appeal has
expired, any person who is subpoenaed by the
committee or hearing officer to give testi-
mony or to produce books, papers, records or
other evidence needed for the performance of
the committee or hearing officer's duties or
the exercise of their powers, willfully makes
default or refuses to answer any question
pertinent to the proceedings before the com-
mittee or hearing officer, or refuses to obey
any subpoena or fails to produce books,
papers and other evidence required by the
i committee or hearing officer, shall be deemed
guilty of a misdemeanor and may be fined not
more than Five Hundred Dollars ($500.00) for
each offense, Each day that a violation is
permitted to exist shall constitute a sepa-
rate offense.
Sec. 2-259. Evidence of criminal conduct.
During the performance of their duties under the provi-
sions of this article, if the ethics review committee,
hearing officer, city manager or city council receives
evidence of criminal conduct, the committee, hearing
officer, city manager or council may provide such evi-
dence to the prosecuting attorney having jurisdiction
of such matter for appropriate actior.
Sec, 2-260. Postponement of hearings in certain cases.
If a complaint alleges facts concerning a possible vio-
lation of division 1 of this article and such facts are
involved in a criminal investigation or a criminal pro-
ceeding before a grand fury or the courts, the ethics
review committee, hearing officer, city manager or city
council may, when thESy deem appropriate, postpone any
hearing or any appeal concerning such complaint until
after the criminal investigation or criminal proceed-
ings are terminated.
25
r I
,
SECTION 11.
This ordinance shall be cumulative of all provisions of ordi-
I nances and of the Code of the City of Fort Worth, Texas (1986),
as amended, except where the provisions of this ordinance are in
j
airect conflict with the provisions of such ordinances and such
~ Code, in which event conflicting provisions of such ordinances
and such Code are hereby repealed.
SECTION III.
It is hereby declared to be the intention of the City
council that the sections, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and, if any phrase,
clause, sentence, paragraph or section of this ordinance shall be
~
i
I declared unconstitutional by the valid judgment or decree of any '
i court of competent jurisdiction, such unconstitutionality shall
i'
not affect any of the remaining phrases, clauses, sentences, para-
graphs and sections of this ordinance, since the same would have ;
been enacted by the City Council without the incorporation in
this ordinance of any such unconstitutional phrase, clause, sen-
tence, paragraph or section.
SECTION IV.
The City Secretary of the City of Fort Worth, Texas is
hereby directed to engross and enroll this ordinance by copying
the caption and Section V in the minutes of the City Council and 1
by filing the ordinance In the ordinance records of the City.
SECTION V.
The City Secretary of the City of Fort Worth is hereby
directed to publishk the caption, Section 2-258, and the effective
26
T r T
i
i
SECTION II.
This ordinance shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fort Worth, Texas (1996),
j
as ameaded, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such
code, in which event conflicting provisions of such ordinances
and such code are hereby repealed.
SECTION III.
It is hereby declared to be the intention of the City
council that the sections, paragraphs, sentences: clauses and
phrases of this ordinance are severable, and, if any phrase,
clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, para-
graphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in
this ordinance of any such unconstitutional phrase, clause, sen-
tence, paragraph or section. 2
SECTION IV.
i
The City Secretary of the City of Fort Worth, Texas is
hereby directed to engross and enroll this ordinance by copying
s
the caption and Section V in the minutes of the City Council and
by filing the ordinance in the ordinance records of the City.
SECTION V.
i.
The City Secretary of the City of Fort Worth is hereby
directed to publish the caption, Section 2-258, and the effective
26
4
%1W3 t},
date of this ordinance for two (2) days in the official newspaper
of the City of Fort Worth, Texas, as authorized by
Section 52.013, Texas Local Government Code.
SECTION VI.
This ordinance shall take effect and be in full force and
effect from and after its passage, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
0
Date
ADOPTED: (P 126 - q D
EFFECTIVE:
i
e
t
IS
27
V4 0"r.1
ORDINANCE N0. 11"
AN ORDINANCE AMENDING CHAPTER ARTICLE VII, "CODE OF
ETHICS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS
(1986)1 AS AMENDED, BY CHANGING SECTION 2-238r
"STANDARDS OF CONDUCT", TO PROVIDE REGULATIONS CON-
CERNING THE REPRESENTATION OF PERSONSr GROUPS OR
BUSINESS ENTITIES BEFORE THE CITY COUNCIL, CI YRDEPART-
MENTS, AGENCIES, BOARDS AND COMMMISAST ONS; PROVIDING A
THAT THIS ORDINANCE SHALL
PROVIDING FOR DEANTEROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTHr TEXASI
SECTION 1.
"Code of Ethics", of the Code
' That Chapter 2, Article VII,
as amended, be and is
of the City of Fort worth, Texas (1986), 1
subsection c) in
hereby further amended by changing
to read as follows: 1
Section 2-238, "Standards of Conduct"r
c) No member of a City board or commission shall,
knowingly represent, directly or indirectly, any per-
son, group or business entity:
1) before the City Council, for compensation; or
2) before the board or commission of which he or
she is a member; or
3) before a board or commission which has appel-
late jurisdiction over the board or commis-
Sion of which he or she is a member; or
I
inst the
9) in any action or proceeding acia
interests of the city or in any litigation
~
which the City or any department, agency,
board or commission thereof is a party; or ,
g) in any action or proceeding in the municipal
courts of the City which wasn instituted the by of
City officer or employee course
official duties, or a criminal proceeding in
which any City officer or em'ee is a
material witness for the prosecution,
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SECTION II.
This ordinance shall be cumulative of all provisions of ordi-
j of Fort Worth, Texas (1986),
I nances and of the Code of the City
as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such
provisions Of such ordinances
j Code, in which event conflicting P
i
and such Code are hereby repealed.
SECTION III.
It is hereby declared to be the intention of the City
1
that the sections, paragraphs, sentences, clauses and
council
andr if any phraser phrases
ordinance are severable,
this
of
section of this ordinance shall be
, sentence, paragraph or
clause
declared unconstitutional by the valid judgment or decree of any
such unconstitutionality shall
court of competent jurisdiction,
sentences, para-
not affect any of the remaining phrases, clausesr ?
graphs and sections of this ordinance, since the same would have a
the Cit Council without the incorporation in
been enacted by y
this ordinance of any such unconstitutional phrase, clauser sen-
tence, paragraph or section.
SECTION IV.
The City Secretary of the City of Fort Worth, Texas, is
hereby directed to engross and enroll this ordinance by copying
the caption, Section I and the effective date in tho minutes of
the City Council and by filing the- ordinance in the ordinance
records of the City.
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SECTION V.
This ordinance shall take effect and be in full force and
effect from and after its passage, and it is so ordained.
APPROVED AS TO FpgRM AND LEGALITY:
City Attorney
Date • 1 a- 13 p
M9U
ADOPTED:
EFFECTIVE:
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Code of Ethics
of the
City of Cincinnati
November, W3
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r . ' II. Guidelines for thO~vf
Code of Ethics
r
y, To keep conlidenlial all information acquired ~ These guidelines are tools for interpreting the
by reason of one's position which may be Code of Ethics for City of Cincinnati employees.
to deal with e
used lot personal or financial gain for the situations They dwhich may conlronl Cityremployeres in
employee or other persons.
the course of their duties, These are not
6. To refrain from securing special privileges absolutes but serve as indicators !or ethical
relexeatives ormptions other for one's persons self that t are one's not behavior for public employees. These guidelines
re should be used as a Irame of reference by all
available 10 all citizens. employees an,a by the Code of Ethics
7. To ovoid receiving, soliciting or otherwise Advisory Board.
obtaining anything of value from any other
public official, employee or citizen which is i A. Definitions
intended to influence the performance of L Appropriate Aulhorltr
official duties. The official, for example, department director,
S. To use City vehicles, equipment, supplies, who is ac ,ountable lot the proper and ethical
and/or property only for City work, and not operation of each parlicular agency. In
for personal benefit or profit, except when cases involving aDeparlment Director,
it is available to the public generally or Superintendent, or other agency head, the
provided by administrative regulations, appropriate authority to render opinions shell
9. To disclose to the appropriate authority be the Code of Ethics Advisory Board.
as defined in the Code of Ethics Guidelines Z, Contidenllal Inlorrnat4on
the nature and extent of any financial or Any information which Is available to an
personal interest in a City conlracl, legislation, official or employee only because of his
:a or in any type of transaction involving the status as an official or employee of the City f
City. when participating in the development and is not a matter of public knowledge not
of or giving an official opinion on the matter. legally available to the public on request,
r , to To cooperate fully with other employees 3, Contract
? unless prohibited by law or Confidentiality. Any contract, agreement, authorization, loan,
11. To handle all mailers of personnel with claim, service. sale, or memorandum of
impartiality and fairness understanding made under the auspices of the
City of Cincinnati, or any litigation out of or
involving these items.
4. Finarfelat Interest, Subsibir lal
a, Ownership of any Interest or involvemer
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permit the use of any publicly owned or which said officials or employees have a
supported property, vehicle, equipment, labor, substantial financial interest. If an official's
service, of supplies (new, used, surplus, or employees financial interest is remote,
r, scrap, or obsolete) lot the personal he may participate in such decision or action
convenience or the private advantage of said notwithstanding the remote financial interest.
official or employee, except when such items
are available to the public generally. D. Interpretation
C. CGn}IICt of 111t8r83t 1. If a question arises concerning the
application of this Code, officials and
F f r Gratuities employees should secure interpretation of
No oil vials of employees shall, directly or the Code and its Guidelines from the
indirectly, solicit or accept any gratuity under appropriate suthority The restrictions That
r circumstances Irom which it reasonably can apply to one agency may not necessarily apph
be inferred that the gratuity is intended to to another agency because of the differences
influence them in the performance of their between agencies and the services they
official duties, provide. In this regard, each agency may
develop specific guidelines within the conIW `
Z, Incompatible Employment of this Code lot ethical conduct within that
No officials Of employees shall engage in, agency. Such agency guidelines must, prior
Solicit. of accept private employment a to implementation, be Submitted to the Code c
render services for private interests when Ethics Advisory Board for approval,
f.. such employment Or service is incompatible
with the proper discharge of their official dunes The Code anu its Guidelines together with
or would lend to impair independence of the agency guidelines shall be the basis lot
judgment or action in the performance of each apprupriate aulhority or the Code of
.f official duties. Ethics Advisory Board to determine In each
t.' case whether of not an ethics problem exists
..r,.
T 3, Interest In City Contract and to determine the resolution of such
No officals of employees shall render a problem,
dec;&on, take an action, participate in
discussions, Or give advice which may 2. If a satisfactory resolution cannot be
e'i influence a decision of action by other officials obtained at the agency level, the question
or employees whale such a decision or may be referred to the Code of Ethics
p,;zzi ~y action will result in a city contract being Advisory Board which will render an advisory
entered into with a person with whom or in opinion.
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IV. Laws, Rules, and
{ Ordinances
The following is a partial lisling of laws, rules
C. Sian and Ordinances pertaining to City employees
The personnel Direclor, the City Solicitor, and The complete doeumenlat on of these is availab
the Director Of Research, Evaluation and from the ollice of the Department or Divisior
Budget shall supply stall supPOrl head or the Municipal Library for further scrut n
as necessary,
Meetings A. Ohio Conslilution -Section 10, Article XV
1, The Board will meet as necessary to reply B. Ohio Revised Code Chapter 102
to Inquiries and requests for advisory opinions, 102.01 Definitions - "any person . , ,
employed by a public agency,
2. Three members shall make a quorum' 10203 (B) Disclosure of Confidential
3, if a member Of the Board has other than a Information
t' neutral interest in a matter before the Board, 102 03 (C) Licensing and Ratemaking
1 said member shall be disqualified. The 102.04 (B) Compensation or Services Receo.
' remaining members shall constitute the other then from the Agency Serve
fulll Board. Ohio Revised code Chapter 124
(Civil Service Law)
ti 124.34 Yenuru of Office; reduction,
suspension, and removal; appeal
124 57 Political Activity Prohibited
124 58 frauds in Examination Prohibited f
I 124 59 Payment for Appointment or
Promotion
124 80 Abuse of Official Power for
Political Reasons
:i.
124.61 Abuse of Political Influence
124,71 Unauthorized Operation of Motor
Vehicle of Slate or Subdivision
Ohio Revised Code Chapter 149
t49.43 Public Records Act
e r, ¢ Ohio Revised Code Chapter 1347
1347. Personal Privacy Act
4 Ohio Revised Code Chapter 2921, Olfense
against Justice and Public Administration
to ,
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X409
ARTICLE 8
ETHICS
Title 1-Short ltitlc and purpose 64. Statements, maintenance and
review.
1.1. Short title. 5'5' Su:iaeas entities list.
1.2. Purpose. 6{,, Cantenta of Itatement. I
1.31 Conflict provisions. 6.7. Interest attributable to
statement maker.,
Title 2-Defadtions
2.1. DeWtions. Title 6--Lobbying i
6.1. Defwtions.
Title 3-Administration 6.2. Lobbying. '
3.1. Definitions, 6r3. Registration of lobbysta. I'.
3.2. Application- 6.4. Reports of lobbyists.
3.3. Powers and duties 6 6. Compensation not to be
3.4. Advisory opinions, oontmgant.
3.6. Complaints. 66• SupeQlemental rePortL
6.7• Public inspection of reports.
Title 4-Conflict of Interest 6 3, Review of reports.
4.1. Conflicts of interest; prohlblted 6dl. Notice. s
interests 6.16• Exemptions.
4.2. Conflict of interest; 6.11. Exemption of certain
re 'strants '
restrictions. I
4.3. Employmeno
44 . Glft Title 7-Enforcement I
4.6. Confidential Information. 7.1. Injunctive relld. 1 f
4.6, Prestige of office. 7.2. Violations of Title 4• s
73. Exceptions.
Title 6-Financial Disclosure 74. Violations Of Title 6. I11 r
5.1. Definitions. 7.5. Termination or other I
6.2. Statement makers. disciplinary action.
6.3. Statements, fling. 7.6. Retention period of records.
Title 1
Short Title and Purpose 1 I
t I.I. Short Title. '
This article and sections 123 through 125, inclusive, of the Charter I I1
may be cited as the "Baltimore City Ethics Law," i,
(Ord, 807, 1982,)
1.2. Purpose.
(a) The Mayor and City Council of Baltimore recognize that the ,
representative form of government is dependent on the trust of the
people In their public officials.
195
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196 ARTICLE 8
(b) The citizens of Baltimore are dependent on their public official (6) "Charter" or
to preserve their safety health, and welfare through the fair and iro. more City 1964 Revision.
partial enforcement of laws, imposition of taxes, and expenditure of (7) "Child" inclu(
public funds, child, of whatever age.
(c) Each citizen of Baltimore City has a right to be assured of (8) "City" means
impartial and independent judgment from public officials. body corporate as estab
(d) In order to guard against undue Influence or the appearance of Mayor and City Council,
improper influence, and insure public trust in the government, the (9) "C.ourt" meal
Mayor and City Council of Baltimore adopt these provisions to protect of Baltimore City or suc,
j the social and economic interests of the citizens of Baltimore City. (10) "Department'
(e) The provisions of this article shall be construed to carry out ence.
these purposes. (11)"Director" m "
(ord. 807, IM.) tive Reference.
1.3. Conflict Provisions. (ncil, Elected, offs
~ City council City Ccun
Other City ordinances and rules or regulations of a City Agencq, as (13)"Family" me
defined in the Charter, relstIng to conflicts of interest, financial disclo•
sure, or lobbying disclosure shall apply it their provisions are more (14)"Finandal in
stringent than those in this article. (i) ownershi
(Ord, 807, Ift) owner has received wit
ing, or is entitled to rec
Title 3 (ii) ownersh?
Definitions representing or conver,
a business entity.
2.1. Definitions. (16)"Gift" mean
As used in this article the following terms have the meanings indi• regardi of the for:
cated unless the context clearly rtquires a different meaning or a "Gift" da does not include
different definition is adopted for a particular title or provision. Lion of political camp
(1) "Ageriq" or "city Agency" means all departments, bureaus, the provisions of Arti,
boards and comm scions and persons not embraced in a department land, or any other pros
who exercise authority comparable to that of heads of departments and melections or the rec
entary admissions u
bureaus.
(2) "Board" means the Board of Ethics. table, cultural or 1
entertainment, valued '
(3) "Board member" means a member of a board, commission, sion and when furnls
council, or any other administrative body of the City. excluded from this de, r
(4 "Business entity" includes a corporation, general or limited not Include gifts fror
partnership, sole proprietorship, joint venture, unincorporated associa• third degree of consar,
tion, real estate investment trust, orother business trust. (16) "Interest"
(6) "Business with the City" means any one or any combination whether or not subje(
of sales, purchases, leases or contracts to, from, or with the City, or owned or held, in w)
any agency thereof, involving disbursement of Five Thousand Dollars indirectly, at any time
($6,000) or more on a cumulative bass during the fiscal year for which i However, "interest"
a required statement Is to be filed. As of the. awarding or execution of a i capacity of a person.
contract or leases the total then ascertain ble consideration thereby trustee, nor an inter
committed to be aid, regardless of the period of time over which such institution, nor an In
payments are to be made, shall be Included. annuity contract und(
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191
ETHICS
(6) "charter" or "City Charter" means. the Charter of Ralti•
more City 1964 Revision, as amended. adopted child 'stepchild or foster i
(7) "Child" includes a child, I
child, of whatever age,
(g) ,City" means the Mayo the Chaarter drany agency of the
` body corporate as established by ore, Mayor and City Council of Baltim appropriate court of the Supreme Bench {
I
(9) „
of Baltimore City or successthe or court that h uric of Legislative Refer'
(10)"Department means the Dep
ence.
(11)"Director means the director of the Department of I,egisla
tive Reference, the President of the
(12)"Elected official" means the Mayor,
City Council, city council member, and comptroller,
(13)"Family" means the spouse and dependent children. 3
(14) Financial Interest" means.
(1) ownership of any Interest as the result of which the i
owner has received within the past three years, or is presently receiv,
t
ing, or is enuttoe a i~v hyear;
or the ownership of than orally ldnd
representing or convertible into ownership, of more than ten percent of
a business entity. of economic value
(15}"Gift" means the transfer adequate a nmedinlawful consideration.
regardless of the form without
"Gift" does not include the solicitation, acceptance, receipt, or with E
tion of ted in accordance e vnth
poions litical campalgn contributions regula
the provis of Article 33, st26.1 et seq., Annotated Code of Mary'
Ian, or any other provision of Skate or local law ceog eCar~un6 nhs ~OmPli• 1
of elections or the receipt of political camp Bn
ill events including dinners, athletic chari•`~
mentary admissions to spec
table, cultural or political events or any other occasion or
entertainment, valued at less than $z5 per person for each such rs are
sion and when furnished to all similarly situated in office this article does
excluded from this definition. The term gift I
not include gifts from : family member or other relative within the
interest,
third degree of consanguinity'
(16)"interest" means any legal or equitable pecuniary which was
whether or not subject to an encurnbr o ntl o or severally, , directly or '
owned or held, in whole or in Part, y (JAY 1 through June 30). i,
indirectly, at anytime during ing not in sncl1h
However, "Interest Fiduciary an interest held solely u in the
I
ersonal representative, agent, custodian, duciary or
capacity of a p '
or an interest in a pme or demand deposit in a financial 1 I i
trustee, n policy or
institution, nor an Interest in an insurance or endoromises to pay a
annuity contract under which an insurance company p
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198 ARTICLE 8
fixed number of dollars either in a lump sum or periodically for life or "rds _~sd to bo '
some other specified period. Retention p
(1')"Municip~alai employee" means any employee of the City who j d (The ard mac
is not an elected official or municipal officer. O } rovisio:
(18)"Municipal Officer" means the heads of all departments and i file, bom trson it de
bureaus and persons who exercise authority comparable to that of } following situations e
heads oi{ departments and bureaus. assn:
(19) "Person" means any individual or a business entity. app (1) The action
(20)"Registrant" means any person required to file a registra• vary;
tion as a lobbyist under the provisions of title e. (g) 2 Complianc'
(21)"Regulate" or "regulated" means subject to the control or The natur`
governed by the rules and regulations of a City agency and required to tsslon does not
have a license; permit, or other written authorization from a City Comm (4) Compliant
agency. qualified people for is
(ord. MOM) (6) The psrii
poses of this article. ;
(e) The Director
Title 8 statements and Min
1 Administration file of any omissions
The Board s)•, ;
the Baltimore City i
3.1. Definitions.. The s '
As used in this title the following terms have the meanings In"ted (g) filed he Board
Bo any
unless the context clearly requires it different meaning. ) 1 The Dire
a (1) "Complainant" means the person who files a complaint un• et1lti (1)
The
der the provisions of title S. Dir
(2) "Respondent" means any person subject to the provisions of staff to carry out
this article that has a complaint filed against him under title S. subject to the snm
(Ord. Sol, leaf) (prd, 907,
E
3.4. Advisory OT
3.2. Applicstion. (a) The Board
The provisions of this title apply to the Board of Ethics appointed Lion of this "Cl.
under the provisions of the Board of Ethics subtitle of Article Vll of of this article.
the Charter. (b) The Diree
(Ord, 807, 1992.) ion to prepare tt
(c) All advis(
with the Depar
' 3.3. Powers and Dates. ect to the
(a) The Board may adopt rules and regulations, and issue orders subj (d) Copies
R necessary to parry out the provisions of this article.
inspection, will
(b) The Board and the Director shall prepare and pistribute all with the appllu i
forms required by this articie. (e} Any Pef'
(c) (1) The Board may direct the Director to k ep records to the an advisory op`.
Department as the Board considers necessary. (Ord, Sol, Ion.)
(2) The Archives and Records Management Committee in con-
r.i
s.
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ETHICS 199 k ritentio~ saltation with the Board shall dethe errrdne ons Of this nardcle~ of the
records required to bee odsssh~ of be less than 4 years, I,
(3) R*tentio p ed to give notice or
(d) The Board may exempt any person required
provisions relating
Cale, from the provisions of this article or modify
the
toe first igrou of five
to such person if it determines that One Or more ofe apb
following situations exists and,
applies:
(1) The action would constitute an unreasonable invasion of pri'
vacy; Compliance would constitute a hardship;
(2) rson, agency, board, or
(3) The nature of the compliance; the pe
core : ission does not require ~tiy reduce the availability of II
(4) Compliance would slgnifi ` I
qualified people for public service; to the pur.
(6) The particular exemption would not be contrary i, .
poses of this article,
(e) The Director undThe erth~~ notify anYrpersonlr~equired to
statements and filings
f>7e of any Omissions or deficiencies. issue advisory opinions defining and interpreting
The Board shall
the Baltimore City Ethics Law,
complaints
oard shall establish a procedure for healing complaints
Law i
(g) The B r
filed regarding any alleged violations of the Baltimore City
out its respon -
(h) (1) The Director shall assist the Board in carrying
sibillties. ~ard provide
staff n with
the ta2)carrry oout thctor e p ovisions OfOche B timo a citysEthics Law, }
subject to the annual Ordinance of Estimates. `
(Ord. 807, 1982.) {
3.4. Advisoy Opinions. inlon concerning the aQplica•
(a) The Board shall issue and! any person subject to the provisions
Lion of this article at the request 1
of this article, any person requesting an advisory opin• f
(b) The Director shall assist y Pe
ion to prepare the request and filed
(c) . All advisory opinions of the Board shall be in writing reeO d
with tae Department and they shall be lse t as a permanent subject to the retention provision of ecttiobe made available for public I ,
(d) Cop ies of advisory op a
inspection, with the identity of the subject deleted, and in accordance `
licable law regarding public records,
with the app i•ov(sions of this article may rely on I t.
(e) Any person subject to the p
the Boad with the Department,
an advisory opinion filed by
(Ord, 807, 1982.)
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zoo ARTICLE S '
3.5. Complaints. (k) If ag;rieved by a
(a) Any person may file a complaint with the Board alleging a viola. appal any decision of th-
don of this article, (ord' 807, Imo)
(b) The complaint shall be in writing and under oath and signed by
the complainant. It shall contain such information as the Board shall
require on a form provided by the Director.
(c) The Director shall promptly notify the respondent of the com•
plaint and send the respondent a copy of the complaint. 4.1. Conflicts of Inter(
(d) The Board shall refer the complaint to the Director for investiga• (a) Exce t as rovid
a member of the City Cr
lion. The Director shall report the findings of the Investigation to the
Board within a reasonable period of time, subject to subsection (e). board member shall no
(e) If the Director's investigation discloses a prima facie violation he the authority of that e
may so notify the complainant and respondent and if within fifteen days plo ee, or board membL
of the notice, the respondent takes any action which may be available to wiI which he is affilia}
cure the alleged violations, the complaint shah be dismissed by a signed ating or has entered in'
order if the Board finds such action is not contrary to the purposes of (b) The prohibition c
this article. (1) Any board n
i (0 After neely' the report of the Director, if the Board deter. m in t bw
mines thntthere are tnsdScient facts upon which to base a determina• awarded as a result o
I don of a violstion, it may dismiss the complaint. applicable provisions o'
(g) If the Board determines that there is a reasonable basis for ful bidder and its subcc
believing a violation has occurred the respondent shall be offered an ides and aetiohs do n
the sal
opportunity for a hearing before le Board at which the respondent Is any any such manner con in in th or f I
entitled to be represented by counsel. 11) U (h) If the Board decides that there has been a violation of this that represents a p :
article, the Board may take appropriate action under the enforcement matters before the is
provisions of title.7 of this article or refer It to the appropriate elected members of before C
official or municipal officer. regulated by a Code c
Notwithstanding any other provisions of law to the contrary, (2) Any elect(
following the filing of a complaint, aA unless and until the matter is or board member:
referred for prosecution or a finding of a violation has been made, the p) from c
investigation and the proceedings, meetings, and activities of the Board the acquisition of res
and Its employees in connection with the complaint shall be confidential the amount of move,
and thereafter; are subject to the federal and State privacy and public does not exceed the
informationlaws. The Board, its staff, the complainant, and the respon• than two competent
dent shall notdisclose any information relating to the complaint, Include vided, that all recor
ing the identity of the complainant and the respondent, except that the shall be open to pub
Board may rekw any information it any time, other than the Identity hours;
of the complainant, if the rdease has been agreed to in witting by the (ii) from
respondent TM identity of the complainant may be disclosed to the department or agen
respondent, at the request of the respondent, by the Board for good the performance of
cause shown. (iii) from
Any decision and order issued by the Board under this section is rovided for or
I shall be written and contain the findings of fact and conclusion of law I citize rsior resid ere
with respect to the complaint ton
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l{ eved by a finea order of the B'ro fed by a pliable law
appeal any decision of the Board to court p
(ord. 867, 1982.)
Titk 1 1
Conflicts of interest
4.1. Conflicts of interest; prohibited Interests. }
an elected official other than
(a) Except as rovided in this section, municipal employee
a member of the City Council, mumapal officer, , or
an matter subject to
board member shall not have as ~ts {1 officer, municipale c•
the authority of that elected of5cthmun e lciautahority of the City ag y
ployee, or board me labeted~ or subject any business entity which is negoti• l
with which he is affil to do business with the City.
ating or has entered into s contract shall not apply to or prevent:
(b) The Prohibition of subsection( interest
(1) Any board member having that is
(i) in a business entity that dmg or} "ed bids under the
awarded as a result of competi"
or a contract between the success' I
applicable provisions of the Charter, II
ful bidder and its subcontractors, w?iaa the board member's City In
ling on behalf of the he City in ,
ities and actions do not include Put' patin' atfon, or preparation of
any Manner in the awarding, °
any such contract; or or employee Jr. a business entity
(11) as a ~ner, oyed by clients or others in transactions or l
that represents or is emWl business entity is composed sollehyoog
matters before the City, facluding the board member,
members of a particular profession. adopted by that profession
regulated by a elected offid lP~ officer, municipal employee,
(2) Any
or board member: contracts with the City pertaining to
(i) from entering into the co Ciry for any public purpose, when
the acquisition of real estste the City for the property involved
the amount of money to be of as established by not less }
does not exceed the value of the !?enters appointed by the City; pro
than two competent rest estate ertaining to any such transactlon
vided, that a! records of the Pe regular business
open to public Snspedio~ at all times during
shall be }
hours; ,vowt compensation, before any City i,
f (it) from appewm& , e W, on behalf of constituents or in
department or agency or or civic obligation or duty;
rformance of any Ole, dbcW an aenat or facility which
the Pe (iii) from accepting or reoeiving any
Is provided for or made avs "to citizens or residents or classes of
or otheer general welfare 1eglsla
citizens or residents under u+1 housing
tion or in the exercise of the Wa power; or
i
i
y
I
s
,ARTICLE 8
1 (b} If S disqualification
(iv) from holding stock or investing.or holding any Invest- 1 Wth less than a quorum c
ment in any corporation or similar legal entity whose stock is owned or offical, municipal officer
held on a broad basis by the general pub] {c, as Iong as such an interest required by law to act c
constitutes less than three percent of the ownership or Investment in d{squa1lfied person shall'
the entity; or from having deposits of money in any banking institution stances of the conflict an
made in the ordinary course of business, action is first approved by
(Ord. 801, 1982,) (Ord, 807,1982)
4.2. Conflicts of Interest; dhWalification. 4.3, Employment Reatri
(a) Except hi permitted by regulation of the Board or the other (a) An elected officia
provisions of this title an elected official, ru~Sep o~ hrsslf a a cipal h emp oqends by (1) an p~;
employee, or board member shall disqualify if
not ppartiippate in any matter before the City agency with which he or official, officer, pc
e Is of ci ated, except in the exercise of an administrative or minista• of the City Agana cD U wit,
r)a1 duty whirl; does not affect the disposition or decision with respect business entity w
to that matter, if, to his knowledge, he, his spouse, parent, minor child, business with the City A,
brother, or sister has an Interest therein or !f any of the following Is a °cff't ably toll:
party thereto; e~►pTPement t'
(1) Any baginen entity is which he has a direct Interest of which statutory be represented
he may reasonably be expected to know; A former elected
(2) Any business entity In which he is an officer, director,
trustee, partner, or employee or in which he knows any of the above ployee, except a former
listed relatives has such Interest; represent another party
arrangement onof contract, or - matter is one In whi~ch~
(3) Any business entity mtl tini knows c
tee above c: relatives is t dating or has any pal employ eecipa personal!:
cern{ng prospective a business ew entity which is a p to an existing contract official, Muni pal office
arty
(4) Any business w {
with an elected official, mtlairipal officer, m c uniipal employee, or board regulation (1) exempt W
I
member, or which the elected atficlal, municipal l officer, fi with any of the elimit f9r which mployee from tthe he rov pro,
ployee, or board member knows is a party
above named relatives, it the mtract could reasonably be expected to official municipal oftic
result in a conflict between the private interests of the elected official, c)
municipal officer or municipal employee and his official City duties; not assist or represew
(6) Any business entity, tither engaged in a transaction with the matter before or involy
City or subject to regukbtia+ b the City Agency of which the elected quasi-judicial proceedin,
official, municipal offim, municipal employee, or board member Is an (Ord, 807, 1992,1
officer or emp of yes, in wbkb a direct financial interest is owned by 4.4. Gifts; solfcltatior ted
munic another business ea,i rin wbb& giber k ows, has a dire t financial E (a) An elected ofor board municipal empkoyee
interest; not solicit any gift or
(6) Any business entity which Is a creditor or obligee of thri elected official, municipal officer, municipal employee, or board mem• from any ny is
perm doing that )
I
I as to mini
ber, or which he knows is a creditor or obligee of any of the above thereof(1) bv
named relatives, with respect % a thing of economic value and which, agency; or,
by reason thereof, is in a ppWosuiliss to affect directly and substantially the (2) g a gnanc
interest of the elected otfcW, annidpal officer or municipal employes, ally (2) H in a man
or any of the above named reW":
ff ~
I
r
1
903
ET81C5
Pursuant to subsection (a) leaves any body
(b) if a disqualification Pabie of acting, of if the disqualified elected
with less than a qquorum 0PmunieiP~ employee, or board member Is
official, municlpal officer, rso
required n authorized to act, the
by law to act or Is the only pe the nature and circum,
disqualified person shall disclose to du Bte or act, provided that such
stances of the conflict and- may of Estimates,
action is first approved by S
j
(ord. s07, 5962,)
4.3, Employment RestrictlOM officer, municipal employee, or !
shall not be
(a) An elected official, municipal City Council, that
board member, except a member of the eect to the authority
emplo ed byi (1) any businoss entity j
officer, employee, or board member or subject to theiu authority
offic'i with which such person is affiliated; or any
of the City Ag n cb is riegotiaWlg or has entered a contract to do
business entity with which the elected official, must pal
business with the City lpgce"o iw member is affiliated, This prod.
officer, municipal emp Y who Is appointed pursuant tT a
tion does not appiY to a board m~t to the jurisdiction of the
statutory requirement that perf065subj to it.
authority be represented in *ppoiatments
A former elected official, munSci al officer or nicipal em
pp Council, shall not assist or
ployee, except a former member ZaK pity for compensation In a case,
I
represent another ppeIcd ie her lh involving the City government if that
contract , or other s municipal officer, or munici-
matter is one in which the e1ecW ~ifs by participated as an elected s
pal employee personally and Or m punkipal employee, The Board may by
official, municipal officer, ofd municipal officer, municipal
gulation (i) exempt anY elected ctian, and (2) establish a time
employeere from the provisions Ofthis aubse 1Y to elected
limit for which the provisions Of this subsection shall app
official, municipal officer, municipa employee.
muniapd officer or municipal employee shall
An elected official ,
n< part? for Agency contingent
t assist or represent s
other than in a Judicial or
~7
matter before or Invohnrig any
quasi-judicial proceeding. `
I
(Ord, 807,1992.)
4.4, Gifts; solicStaUoa or acCe4't"m Of gifts. officer, municipal employee shall
(a) An elected off, m~ t any ft, directly or indirectly,
not solicit any get or l"Mwingly > r has reason to know:
from any person that he Or she knows Council, a6 to members
(1) Is doing busSrless with oar munlciPal employees, with their
r, or, as to municipal officers,
thereo-
agency; tSiat may be substantially and mater!-
f (2) Has a financial interest is from the public generally, by
ally affected, in a manner dis
~f ~ ' Yr'~J .~t~. N~ 7 if ~.Y~li~~`rsaVi • YAN YOP
l r;
;f
ri
!
;
ARTICLE 8
the performance or nonperformance of & elected official's, municipal private gain or that of wx
officer's, or municipal employee's duty. article,
o`•
performance
(b) Unless a gift of any of the following would tend to impair the without The additional comps:
impartiality and the independence of judgment of the elected official, thoue of office for an e:
municipal officer, or municipal employee receiving it or, If of significant P~ employee's private gain
value, would give the a ance of doing so, or, if of signpificant value,
lOrd. $oy,1892,)
the recipient elected oNCTI&I, elieves, or has reason to believe,l that itffiis designed tocdo so; subs c-
b
tion (a) does not apply to:
(1) Meals and beverages; }
(2) Ceremonial gifts or awards which have insignificant mone•
tart' value;
(3} Unsolicited gifts of nominal value or trivial Items of Informa• 6.1. Definitions.
clonal vshe; ' As used In this title th(
(4) Reasonable expenditures for food, travel, lodging, and ached- unless the context dearly
Wed entertainment of the elected official, municipal officer, or munic • (1) "Salaried trip'
pal employee and spouse for it meeting, that are made in return for and receiving compensa
" participation in a panel or speaking engagement at the meeting; sons employed In secrets
(6) Gifts of tickets or free admission extended to an elected "Statement" T
official, municipal officer, or municipal employee to attend a proles- wed be irked under t
clonal or intercollegiate sporting event or charitable, cultural, or politi• (g) "Statement n•
cal event, if the purpose of such gift or admission is P. courtesy or financial disclosure state: S'
ceremony extended to the office; which the Board exempts (Ord. 607, 19~.)
(g) . A specific gift or cases of gifts
from the operation of this section upon a finding, In writing, that 6.2. Stataruent Makers.
acceptance of the gift or class of gifts would not be detrimental to the (a) The fotlowiny per
impartial conduct of the business of the City and that the gift is purely statements provided for .
personal and private in nature; with the State,
(7) Gifts from a person related by blood or marriage, or a mern• 1) Mayor
her of the household; (2) President ant
(8) Honoraria, (3).City Comptr
(c) Tha Hoard by regulation may define further exemptions from Herber Master, city
this section as necessary, Estate Officer, and all
(ores. 901, 1982.) and the Department
(4) City Solleltor
46. Confidentla! Information. (6) Director of F
Other than In the discharge of his official duties, an elected official, and all bureau heads a
municipal office r, or municipal employee may not disclose or use for his Worka(8) Chef of the
own economic benefit or that of another party confidential information
which he has acquired by reason of his public position and which is not uty Chief of the Bureau
available to the public. (7) Director of F
(Ord. 901, 1982.) (8) City Purcha
Bureau of Purchases
I (9) Members of
4.6, Prestige of Office, e
(a) An elected official, municipal officer, or municipal employee shall Dmenu of Director Planning of Pla:
not intentionally use the prestige of his or her office for his or her own t `
' I
(
e )
.4 h '
i
' zas
ETHICS
private on or that of another except as may be permitted under this
article,' constituent services, I
(b) The peYformance of usual and customary without additional compensation, does not constitute the use of the
prestige of office for an elected offci l'$, municipal official's or municl
pal employee s private gain
(Ord, 807, 1982.)
Title 6
Financial Disclosure
r
6.1. Definitions. terms have the meanings indicated j
As used in this title the following i
unless the context clearly requires a different meaning, b the City
(1) "Salaried employee,, means any person employed by
a
compensation therefor, but does not include those per,
and receiving
sons employed in secretarial, clerical, or custodial capactt,es•.
(2) "Statement" means the financial disclosure statement re-
gdired to be filed under this title. required to file a
(3) "Statement maker means any peYSOfl l
financial disclosure statement under this title. {
(Ord. 807, 1982.)
6.2, Statement idakers. Me financial disclosure
statements provided for in this title uniess required by state law to file
with the State:
0) Mayor Council
H dent and Members of City Comptroller, City Auditor,
(2) Presi
(3) City Comptroller, Deputy city i kets arbor blaster, Superintendent mployees of the Department ofrAud~ts
Estate Officer, and all
and the Department of Real Estate City Solicitor i
(4) City Solicitor and Deputy u~y Director of Public Works
(6) Director of Pubic Works, Dep E artment of Public i
and all bureau heads and division chiefs o the Dep
Works ement and the Dep• j
(6) Chief of the Bureau of Treasury Ianaemeatg
uty Chief of the Bureau of Treasury of the
(7) Director of Finance
(8) City Purchasing gent and all salaried employees
Bureau of Purchases
(9) Members of the Piaa in iemP Director the Planning,
Deputy Director of Planning all
ment of Planning
,
e 5~ ~Y,"
1
4 ~
206 ARTICLE 8 }
(10) Personnel Director of Civil Service Commission i of and the period to be cl
(11) President of Community College of Baltimore candidates for the electiv
(12)Superintendent of Schools-Department of Education (e) (1) Within five &
(13)Commissloner of Health and Deputy Commissioner required byy this title flit
(14)Director of Baltimore City Hospitals eecdon 6.2, the Directo1
(16)Commisdoner Deputy and Assistant Commissioners, and Elections of Baltimore C
Directors of and salarW employees in the Construction and Building Cate of2eandld~ tube F
inspection, Land Development and Neighborhood Development Divi. candidate of candidate P.
sions of the Department of Housing and Community Development this title, and if the z
(16)Director of Recreation and Parks, Superintendent of Parks considered to have with
and Superintendent of Recreation (0r& 8070 1982,)
(17)Direetor of Baltimore City Department of Social Services
(18 Commissioner and t,Nd Assistant Commissioner of Transit 64, Statements, main
The a.
for Director
and Traffle (19)Members, Executive Secretary, and salaried employees of (a) le
il
the Board of Municipal and Zoning Appeals avai) T f public tosl
i (20)Members of the Board of Fire Commissioners and Chief of (b) The Director r
F9re Department charge reasonable tees
(21)Dtrector, Community Relations Commission (c) The Dlrec Gent'
1 (22)Warden, City Jag home me &A addresss,, telePh`
{ (23) Director, Minimum Wage Commission name of the p ,erson
(24)Director, Urban Services Agency
(26)Commissioner, Deputy Commissioner and Division Chiefs, copied,
(prd, 907,19a2.) ;
Police Department
(26)Any person who is a candidate for any elected office do. 6.5, Business sntitiej
scribed in this subsection (a) The Director o
(27)AU salaried employees whose functions include the procure- than August 1st of ea
ment of outside supplies, materials or services from businesses doing with the city as defi:
business with the City. statement makers.
(28 Tl,e individuals serving as trustees under trust agreements 0} The Director s
for the administration of the loan and guarantee grogram of the City agable to statemen
(29)AU municipal employees whose official duties include on. (Ord s+rr,t9s2)
forcement of rules and regulations of his or her City agency. 6.6. Contents of sta l
(b) no names of the employees required to file shall be certified by no statement she
the apppropriate elected official or municipal officer, This certification (a) A schedule of
shall be furnished to the Director on or before August 1 of each year. in the city. This vl(
(Ord. $07, 198L) (1) The ,13tw
$4. Statements, fling. dress, malting addrt
(2) The natu
(a) Except as provided in subsection (d) hereof, each statement conditions thereto a
maker shall file the statement on or before 1lovemoer 1 of each year, (3) The date
(b) The statement shall be filed with the Director, person from Whom'
(c) The Director shall furnish the required statement forms, (4 With res;
(d) in an election year, the Bard shall prescribe the time for filing at any time during
i
1
207
E•rIlce
section elected officials and
of and the period to be covered by the statement' of
candidates for the elective offices described coed of a
statement by this five da s ofre~date for elected office roper form
required by this tale by a e to the Board of Su edrvisors of
section b2+ the Director shall certify fil
Elections of Baltimore City that such statement has been certifi (2) At the time of the candidate gsl~In B issue t nd ndates otice ti the
cate of candidacy, the Election Board all i
candidate of candidate's obligation to file the statement (a~ed be
~
this title, and, if the candidate fans to do so, the considered to have withdrawn his or her candidacy.
(Ord. 807, 1982•)
6.4. Statements, maintenance and the statements and they shall be
( The Director shall maintain office hours.
av able for public inspectioestablish ~regular
procedures and `
(b) The Director may
charge reasonable fees for public inspection. rson examining or copying
(c) The Director shall require that any pe Te~~ his or her name,
statements shall identify hlnuelf or herself and
ti resented and the j
home address, telephone number, organizaon rep
whose dIsdosure statement was examined or
name of the person
copied.
(Ord. 807,1982)
6•ti. Badness entities list. shall ~y the Director no later
, entities doing business
(a) The Director ).marts which list shag be available to
than with the August City 1st as d of e eafinech d ! year, this article, ti of cle, business statement makers. registrants which shall be '
(b) The Director shall provide a list of all available to statement makers.
(Ord. 847, 1982.)
6.6. Contents of statement. following informations
The statement shall contain the real property
(a) A schedule of all interests
s to e in ~terrest,ssalj Include: ' I
in the City. This schedule, a and the location by street ad-
(1) The nature of the property 1ion of the
I'
dress, ding address or legal escrip Including any.
held[
(2) The nature and extent of property,
conditions thereto and encumbrances thee onrest
(3) The date when the manner with, and the identity of the
, Interest was acgtured,
Person ( from
With whom the respect to an interest transferred' In whole or in part,
at any time during the fiscal year for which the statement is filed, a
,
~ ,y +I .e ^waS~f WiS.a4yiYa`.
4
1
.
11)9 ARTICLE 8
(1) The name ane
description of the interest transferred, the identity of the person to
whom the interest was transferred; and ; entity;(2) title and
(6) The identity of any other person with an Interest in the employment(2) Th eti
property. n A schedule of all
(b) A schedule of all interests in any corporation, in which the inter. doing business with the
ests or the right to acquire Interests are equal to or greater than a ten dig the fi~ year is
percent (10%) interest in the corporation If the corporation is a regur , d,rt utility ~
tram or does business with the City. This schedule, as to each Interest, spouse or 6U of the
shall include: person doingg business `
(1) The name and address of the principal office of the corpora- year for which the stn
lion; ~ volved in the transact i
(2) The nature of the interest held, Including any conditions utility
thereto and encumbrances thereon; credit such su c mlountgunts, ty, shat
(3) With respect to interest transferred, in whole or in part, (1) The identity
at any tune Burin the 5aa1 year for which the statement is 51ed, a (2) The amount
description of the~terest transferred, the nature of the consideration for whi the staterner-
received in exchange therefor and, if known, the identity of the person (a) Tw terms o
to whom the interest was transferrei the principal amount
(c) A schedule of ;dl interests in any other business entity which is a the year and
registrant or does business with the City. This schedule, as to each such (4) The securitc
interest, shall Include; (g) A list of all mei
(1) The name and address of the principal office of the business are The lr~ pl yg r
entity; (h
(2) The nature of the Interest held, including any conditions sh apply to atstem
thereto and encumbrances thereon; and statement atoll utem
(g With to interest transferred, in whole or in part, ~ excess of $lu( 1
at any time during the fi year for which the statement is filed, a merit maker.
description of the interest rnanderred, 0) Any additions
(d) (1) A schedule of eseb gift of property In excess of $160 in value, matter desires to maY
includingg the forgiveness of any liability, received at any time during (Ord. W7, 1"2.)
the Cscal year for which the statement is filed, by the statement maker
from, or on behalf of, directly or indirectly, any person who is a regis• 6•7. Interests attrit
trant or does business with the City; except: The following are
n Gifts from a person related by blood or marriage, or a (a) Any interest'
member of the boasehohd, Interest was at any
(0 Campaign contrihutions which are otherwise reported as is filed, directly or ii
required by law. interest)
(2) This schedule, as to each such gift, shall include; (b) twenty the Any fiscal yea -five percent
(Q Tlk nature of the gift; and during
(ii) The idenSU~q of the person from whom, or on behalf of statement maker,
whom, directly or indirectly, the gift was received. (c) Any interest
(e) A schedule of all offices, directorships and salaried employment under which trust t'
held at any time during the fiscal year for which the statement is filed any time during tl
in any corporation or other business entity which is a registrant or dots under which trust t
business with the City. This schedule, as to each such office, director- Year a trustor, if a i
ship or salaried employment slab Include: ! (OTd 1M.)
Y ty l1
1~-`j 1 4 ♦ L~ 4~tt J'~I
i
I
209 1
ETHICS
The name and address of the p' nneipal office of the business
(1) -
entity; salaried
(2) The title and nature of the office, directorship or sa
employment held, registrant or to any person
A schedule of all liabilities to the restatement maker at any time
doing business with the City owed by i
during the fiscal year for which the state loans isan~d all liabilities of the
accounts, utility accounts, and bank strant or to any
credit '
spouse or child of the statement maker at any time during the fiscal
person doing husiness with the City maker w in,
year for which the statemenns filed if the rise to the llabtlltynte excluding retail
volved in the transaction unto, and bank loans, This schedule, as to i
credit accounts, utility
each such liability, shall include: whom the liability was owed;
(1) The identity of the Person
(2) The amount of the liability owed at the end of the fiscal year
for which the statement Is Mod; of the liability and the extent to which 1
(3) The terms of paym or reduced during l
the principal amount o the liability will Increased
the year, and if any, for the liabillty,
{4) The security given, of the statement maker who ; i
(g) A list of all members of themi1y ~p~~, and (f)
are regularly employed by the City ift (h) The reporting requirements of subsections (bslne)so dent t,, a, The i l
shall apply to statement makers nterest tin, regulate by, liabilities to or
statement shall include any 11 reg~ated by the state
gifts in excess of $150 from any business entity
merit makex•
(I) Any additional Interests or information that the staterrlent
maker desires to make,
(Ord. 807, 1982•) s
`
g:7• interests attributable to statement maker.
rif the
The following are Interests attnb of the statement Maker,
(a) Any interest held by the 'am5Y
the fiscal year for which the statement
interest was at any, time during the statement maker.
is filed, directly or indirectly controlled by
(b) Any interest held by a business entity, in which business entity
time
nterest an was,
twenty-five percent (25%), r greater Nulty ifiled ,
twenty-five f the
during the fiscal year for which the statement is
statement maker. other than a common trust fund, '
(c) Any interest held by a trust, ` interes under which trust the stateme (rkwhleh the statement is filed, or I
any time during the fiscal y at any time during that c
under which trust the statement maker was
year a trustor, if a revocable trust` or,abeneficiary' ,
(Ord, 807, 1982.)
Y
1
r ~r.1•,Lya ,~J r x 0~',~ .:d r'~ '.t.`- .~..1.
i 1
1 T-
210 ARTICLE 8 E
Title 0, 6.3, Registration of lobl
i
(a) The registratiion 51
Lobbying I a form develo»ed by the
6.1. Definitions. shall include the followini
(1) The registrant i.
(a) As used in this title the following terms have the meanings (2) The frill and le
indicated unless the context clearly requires a different meaning, of any person on whose b
(1) "Legislative action" means any action by the City Council on (3) The written M
any bill or resolution before It. registrant acts (if this is
(2) "Lobbying" means: cuffed by any authorized
0) Communicating in the presence of an elected official, (4) A statement
municipal officer, or municipal employee of Baltimore City with the US acts is exemp
intent to Influence an legislative action or official action of that elected US title, i ,
official, municipal officer, or municipal employee or (5) The identifica*
(n) Engaging In activities having the express purpose of on which the registrant
soliciting others to communicate with an elected official, municipal (6) Identification
officer, or municipal employee with the Intent to influence any legiela• trant is authorized to en
tive action or official action of that elected official; municipal officer, or (b) A person who on
munici(3) "Official action" means an agreement between any person (j(1) AA registrant f a:
and the Mayor and City Council of Baltimore for which the consider the Board, f
ation is $5,000 or more or an official act by a municipal officer or (2) The registrar
municipal employee on behalf of his or her City agency. with the notice of term!
(4) "Registration" means the lobbying registration statement (3) The termirim 1
1 required to be filed under the provisions of this title, the notice in proper for
(5) "Registrant" means any person required to fife a registra• Unless the regis
I tion required by this title. ,ion (c), the registratio
' (6) "Report" means the lobbying report to be filed under the the Mayor and City Co.
provisions of this title. (Ord. $07,1902,)
(T) "Reporting period" means the period of time between July i
and June 30. 64, Reports of lobby
(Ord, $ot, Ise.) if a registrant lobb(
No with the Board 2
registrant lobbies. Th
i end of the reporting
6.2. Lobbying. registrant is not an
Except as provided in sections 6.10 and 6.11, of this title, any person entity shall sign the ;
who engages in lobbying shall file a lobbying registration with the each person on whos
Director on or before July 1 or within five days after engaging in elude,
lobbying activities, if this person, during the reporting period either: (a) A complete ant
(1) Expends In excess of $600 or expects to expend in excess of be supplied pent
$500 during a reporting period for meals, entertainment, or gifts for ro) Totsl expendit
lobbying before the City Council or a City Ageney; or rice,
(2) Is compensated in excess of $1,000 in connection with lobby- (1) Total com,
ing before the City Coun,-A. penses reported undf
(Ord, W, ises.) and reimbursed exile.
1 ~
1
ETHICS 211
6.3. Registration of lobbyists.
(a) The registration filed pursuant to this title shall be dated and on
a form developed by the Hoard with the assistance of the Director and
shall include the following:
(1) The registrant's full and legal name and permanent address;
(2) The full and legal name and address, and nature of business
of any person on whose behalf the registrant acts;
. (3) The written authorization of any person on whose behalf the
registrant acts (if this is a corporation, the authorization may be exe-
cuted by any authorized officer or agent, who is not the registrant);
(4) A statement of whether the person on whose behalf the
registrant acts is exempt from registration pursuant to section 6.11 of
this title;
(6) The identification of legislative matters or executive matters
od which the registrant has acted;
(6) Identification of the riod of time during which the regis-
pe
tram is authorized to engage in Iobbyin6, unless 1~half of more sooner terminated.
t one
(b) A person who engages in lobbying
person shall file a separate registration for each person.
(c)(1) A registrant may terndsiate his registration by written notice to
the Board required be flied Ik I
(2) The registrant shall submit any reports i i
with the notice of termination.
(8) The termination shall be effective 30 days after the receipt of
the notice in proper form. l k under
subsec ' (d) Unless the regi shall terminates ~ire at the end of the term for which
's
registration on
•r
lion (c), the reg1
the Mayor and City Council were elected. i (Ord.
907, 1982.)
6.4. Reports of lobbyists.
g~
If a registrant lobbies during a reporting period, the rind re in str'want shall
which the
file with the Hoard a report for each re sting pe da after the
registrant lobbies. The reps In shall be the withint thirty obbis ed. aft th e i
end of the reporting period ~
registrant is not an individual, an authorized officer or agent of the ff
entity shat! sign the form. A separate saint acts, sall be filed report shall for
each person on whose behalf the registrant in.
elude:
(a) A complete and current statement of the information required to
be supplied pursuant to t} is title in section
each of the following catego
1 (b) Total expenditures, on lobbying
1 ri es: ex.
(1) Total compensation po3d 2 and r3 ssaiarie la , co mpensation,
penses reported under paragrspbs
and reimbursed expenses for the staff of the registrant;
v '
i
r.~ a
1
212 ARTICLE 8
(2) Gifts to or for elected officials, municipal officers, or munici• 6.9, Notice.
; a) o any report filed
pal employees or their families; (name of an eirepo office
(3) Other expenses specified by the Board, the a of of l -W O riser
the
(c) Except for gifts reported in subsection M2), the name of each name a family
elected official, municipal officer, or municipal employee, or his or her menreport al employee,
thirtployee, y 'ida family who has benefited from gifts from the registrant with a cumula•
five value of $160 or more during the reporting period whether or not following The the receipt of S
given in connection with the registrant a lobbying activities. Wherrethe ~ (c ng the+ing the not
$160 cumulative value la met or exceeded, all succeeding gifts shall ) a registrant o
be itemized by date, beneficiary, amount of value, and nature of the filed by
I6 . Expenses re rted In this subsection (bx2) shall be itemized as to employee shall have 30 ation
elected date, location or municipal emp oyeea~sl] need not to be listed, efir (Ord. 4071982.)
clals, municipal officers, (Ord. 407, 1942.) 6.10, Exemptlone.
6.6. Compensation not to be contingent. The provisions of this
a
the registrant of which Is contingent tupon of any the person for defeat of any ments(or In advising
action by the City Coun6L struction and effect of ;
(pro, 6071 M2.) where these services do
6.6, Supplemental reports. ( p c invitat!
;
The Board, after consultation with the Director, may require addl. no fur her or, other E.
tional or supplemental reports as it considers necessary. rejection of the action
(Ord. &17,1982.) A
. •.on~ o vialor
6.7. Public Inspection of reports. ap subdivision of the Sts
{ The Director shall maintain the registration and reports shall be any other entity.
av able for public inspection during regular office hours, (4) Actions of
. (b) The Director may establish administrative procedures and radio, or television SA
charge reasonable fees for public inspection. ing news or making,
(c) The Director shall require that any person examining or copying not, however, ngag
registrations or reports shall identify himself and record his name, otdh~ or his emp
home address, tell one number, organization he represents and the
p tion or report was examined or (6) Appearan,
name of the person whose registry agency at the spea
copied.
(ord. 607, Ion) other lobbying acts
himself to the City C
6.8. Renew of Reports. the registrant;
(a) The registrations and reports filed pursuant to this title shall be (6) The repr
reviewed by the Director for compliance with the provisions of this solely for the pure,
title, and registrants shall be notified of any omission or deficiencies, practice the doetrin
(b) The Director may request a registrant to report any omission or (7) Appeara•
deficiency, tor, member, or e
is) title to a Director shall the Board and the City Solicitor. lfu) non-compliance with lobbying
other bus nesst
(Ord. 407,1982.)
th
(Ord. 807,1982.)
i
cl
' i
ETHICS 213
6.9. Notice-
(a) if any report filed under thee] OVIsio s mumsctitl cone Yee or officer, or name of an elected official, municip unicipal ofnamedfiincer, the
the
the name of a family he Director shall notify tie the th person `
municipal employee, days
report within thirty days. the report confidential for sixty
(b) The Board shall keep ;
following the receipt of it
( Following the notification of the inclusion of municipal
officipi, by a registrant an el s to a written exception to. the inclusion
employee shall have 30 day
of his narne.
(ord. W7.1981)
6.10. Exemptions. ) to the following acts: 1
The provisions of this title do not aPPn bills or preparing doou•
(1) Professional services in oiinns to clients as to the con,
ments or in advising and rendering OpW otfx3al or legislative actions
struction and effect of proposed pending activities;
where these services do not otherwise constitute ellobbbying pity agency
(2) Appearances before the City ry engages in
upon a specific invitation or request but only if the Pe
activities in connection with the acceptance or
no '
further or other
rejection of the actions of the official duties of a d+ily elected or f
A ces put , the State or apolitical
po~ o cial or employee of the Gi tp {
ap
subdivision of the State, or of the United 5Iates. and not to behalf of
any other entity. uhl+sher or working member of the press,
(4) Actions of a P of the business of disserriinat-
radio, or television in~ri co~riiment to the general public who does I
ing news or malting in further or other lobbying that would directly
not, however, engage rofessional Interests f;I
and specifically benefit the economic, business, or p 1
of himself or his employer.
(5) Appearances by an individual before City Council or lest of atr gistrant „vrovsdedino f
agency at the specific invitation or xequ roiided the witness Identifies
other lobbying act is undertaken, ~aganedn~, as testifying at the request of
i.
himself to the City council or
the registrant; fide I', ' {
(6) The representation of a thbona e fight ofeits~own members to
solely for the purpose of protecting
practice the doctrine of the organization.
(7) Appearances as part of the offcal duties of an officer, direct
tor, • member, or employee of an association lties anddnot in behalf of
lobbying for the State, counties and municipal
any other business entity.
(ord. e07,1982)
L..
.r
M.
\14
~ ,nom r ~ ~ ~ „i ~ (~ty;•~~~y
`h;-w'~.n: may. `;it'Y. 'rs :I' ..+?3cti. .^<'-r,-sP.!..r.St4<.4.<~~,'.,.i.<~}1/Yt'aY., 1.~ 2+...~_•i~v,,'4YX
s
Fs
214 ARTICLE 8
mtes, unless the court f•1'
6.1'i• Exemption of certain registrants. b7; conflict of interest
(a) A person who would otherwise be required to file a registration contract or the affected 1
t to We title is not required to file if he coed not to A in the Pub1s
reasonably and submit believes t rts that all expenses incurred in connection with his (d) Except E. provide(
that all be
lobbying activities will be reported pursuant to cation 6.4 by a properly not set aside because °
registered registrant acting on his behalf. of be est.
(b) The authorization required by this title shall be completed by the re) If >u, elected offici
pe In described in section &3(ax3) as to any registrant acting on their titje 4, the duties, powers
beh law shall terminate in the.
(c) Persons exempted by this section become subject to the provi• office held byy the convic'
Mons of this title, upon the failure of the registrant to report any nw er ss though hthe as e
information required by this section. Provided an ap
(Ord. 907, 1962,) and the conic on has be
(Ord, 07. 1002.)
` 'title 7
Enforcement 7.3. Exceptions.
In any action filed pun
7.1. Injunctive relief. set aside in whole or in 1
) At the request of the Board, the City Solicitor may file a petition ing public funds, levying
unctive or other relief is ttlC'> ~i~e Itimore
this City Articler (Ord. eo7rises,jr evidence
for(s{r4j
the purpose of requiring compliance
(b) The City Solicitor may seek to have tbo, court issue an order to q,4, Violations of Title
cease and desist from the violation of this Article. When the Board deter
(c) The City Solicitor may as collateral relief ask the court to impose
a civil penalty of up to $1,000 for any violation of the provisions of this been violated, action ma} t
Article. Each day upon which a violation occurs All constitute a more a toi p o olleit r
rsm
separate offense, slons of title 6.
(Oed. e07, 196t.) (b) Any person subs(
7.2. Violations ofTltle 4. violates the provisions o
When the Board determines that a provision of title 4-Cornet of conviction be subject to
Interest has been violated, action may he taken as provided in this of not mom than 12 mos
(c) 1f tl~e person is a
section, the Staten Attorney for Ba1ti• officer or partner of th
(a) The City Solicits ~~p~tbe knowingly violates the provi• participated in the vioh
more City to proaecn
dons of title 4 vletion, is subject to the
.
(b) Any person subject to the provisions of title 4 who knowingly (Ord. 807, 1962.)
conies the provisions o a fine of not more th an $1,000 or Imprisonment t 7.6, Termination or of
conviction is subject in addition to any c
for not more than 12 months or both. muni
(o) If the Board determines that any contract with the City involves municipal offirAr,
a violation of • conflict of interest provision of title 4 by any person to the provisions of th
subject to the provisions of tick 4, thq contract may be terminated upon court, to have violated i•
Such terms and conditions as may be approved by the Board of Esti-
mates, or the.tontraci may be set aside in whole or in part in a legal Civil Service ubjects
action instituted by the City with the approval of the Board of Esti-
'h! • . t~ ~'-!1 ..~v~fiS 'mil I ~x
•y
,
1 ~
215
ETHICS i
`
ess the court finds that the contract or part thereof affected
mates, unl p
by tt a conflict of interest is in theublle iratereat. In the legal action de
•
rtion thereof shall "prima iacie" be cons'
contract or the affectebpointerest
ered not to be in the p Uc
(d) Except as provided in this section, a contract with
,)flconflict 1 i
not be set aside because of a violation of title 4 on the ground o{ great the provisions of ,
(e) If an elertad official is convictedvestedlin the elected official by
title 4, the duties, powers, and authority
law shall terminate in their entirety as of the dayy of the conviction. The
office held by the convicted elected official shall be filled in th d office,
manner as though the elected official had die ~~hUe holding
provided an appeal has not been filed or all appeals have been decided
and the conviction has been upheld.
(Ord. 807, 19821
7.3. jxceptions. t to this Article, the court shall notvoid or
In any action filed pursuan contract or official action app P ,
set aside in whole or in taxes or provi g for the issuance of bonds, ij
ing public funds, levyi g Ole obliga
notes, or other evidence 0f p
(Ord 807,I982•) I y
7.4. Violations of Title G.
s that a provision of title 6•L:obbying has , .
When the Board determine provided in this section. ' i
been violated, action may be taken as for Ba1ti•
(a) 'fhe City Solicitor may request the States Attu ates the provi-
rosecute any person who knowing Y r 1
more City to P
sions of btlt 6, revisions of title 6 who knowingly
Any person subject to the p of a misdemeanor and on
(b) i
of title 6 shall be guilty .
or imprisonment
violates the provisions Ili
conviction provisions 4 a fine of not more than $11000 I
i of not more than 12 months or both. and not a natural person, each ;
horized or
{ business entity who knowingly aut
(c) If the person is a it
I fficer or partner of the business entity jj
o
i participated in the violation is guilty of a misdemeanor and, +spon con
penal ties as provided in subsection {b).
i viction, is subject to the same
(Ord, 07, 1982.)
action. cle,
7.6, Termination or oo eer disciplivArY
ant of this Arti
provisions
In addition any employee, or board member who Is
the Boardborca
municipal officer, municipal ^who is found by + i r
to the provisions of this Artile u1d
court to have violated Its provisions: ,
,
(1) is subject to terminstioh or other disciplinary action by the
Civil Service Commission or the Mayor, or
i
T-
~j
216 ARTICLE 8
(2) may be suspended from the performance of duties without
Vy or othir compensation, by the Civil Service Comrnission orhthht
ayor pending - un compliance with the terms of an order of the Board
or of a e4urt.
(Ord. 307, IM.)
7.6. Retention period of record%. FIRE DK
Any person who is subject to the provisions of this A-Hele shall
OIL, and preserve 4 accounts, bills, receipts, books, papers, and FIRE DZPAR"
documents nftesaary to complete and substantiate an re rts, state- L R4gulations for relk
ments, or records required to be made pursuant to 91s f4de for S t. C4"trol of per$*" a
years from the date that the report, statement or record containing at &*L
these Items Is required to be filed.
(b) These papers and documents sh&U be avaflable for inspection 4. property aft%p or
at fir"
upon reques ' t by the Board or the City Solicitor after reasonable notice. U" firs. &lam&-
(Ord. $07, 198z)
Cw6f of pus NW
It*016tions fee A"
10. ca"I of fts leyart
IL obskoctwg be hyd
IL AmbuUnts 80TIC41
car* of Members of L
is. lnjwy or diss~'
I'm of life.
Firtmen I D#jw
is.
It. W&wsV beneft i
I 6A. AmvW tnausis.
Police and Fire
17. Fire Alarrn boxes It
18. pollos and fire %ite
19. Momufsewrist unh
20. p6mit for storing,
21, Warning @IVA Wht
22. p4mits for blutin,
23, Same; NUIV Pro;
'Ed Itor's WOW TU SOC
through C W" AdWA on
7u HOC A CW4 Is publM
Reforoft in C
Ws R#VIWtn-
sdopt" by the Uhlftre
1983, no &Mlidn"ta
Legislative Refern".
4
a
t
F
MANAGEMt=NV ~ iNFORMAVIIOW SKEW I Ce', t~
REFERENCE NUMBER
109707
Chapter 3
U l/
CODE OF ETHICS* r
See. 3.1. Purpose of this chapter. , , I !
The intent of this chapter is to:
(a) Help assure that all the affairs, decisions and actions
of the town shall always be conducted at high standards
of ethics, without favoritism or conflict of interest, ali
in fulfillment of the oaths of office taken;
(b) State for as those who serve the town in any capacity,
or who engage in or may engage in business with the
town, what is unacceptable action; and
(c) Ensure orderly procedures for receipt and consideration
of complaints, questions and problems of the ethics of
specific conditions or of actions that are taken or are
contemplated (Res. of 5-22-78, § 1)
See. 3-2. Definitions,
As used throughout this chapter, and only with respect
to this chapter, the following words' and phrases shall have
the meanings given here:
Officd hotder: Any parson holding a paid or unpaid elective
or appointive position within the town government, including
the members of any town board, commission or agency whether
or not such body has a status of a quasi-state agency]
Emptoyes: Any other person, including those under the
direction of the board of education, who renders service to
the town and is paid for such service, other than one who
clearly is retained as an independent contractor;
1 .Editor's oot --A resolution of May 22, 1978, if 1-10, amended the
Code by adding thereto Ch. 51, consisting of ten (10) sections, With the
perrnisslon of the city, said resolution bas been redesignated by the ;
editor as Ch. 3, 3.1 through 3.10.
( Supp. No. 7
l 256
g 3.2 DARIEN CODE g 3.6
Indirect interest (or indirectly, in similar context) : inter-
ezts, including those arising from blood or marriage rela-
tionships and from close business or political association.
(Res. of 6-22-78, § 2) `
j Sec. 3.3. Confidential information. ` I
No office-holder or employee shall, directly or indirectly,
unnece. urily disclose information concerning the affairs of
the town; nor shall he use such information to advance the
financial or other private interest of himself or others. (Res.
of 6-22-78, § 3)
Sec. 34. Gifts and favors.
(a) No office-holder or employee shall accept, directly or
indirectly, any favor, service, or gift of unwarranted value
from any person who or interest which to his knowledge has
or may have direct or indirect business dealings with the town.
(b) No office-holder or employee shad,' by reason of his
status, accept or endeavor to obtain, directly or indirectly,
preferential treatment from any private citizen, business en. {
tarprise, or other office-holder or employes
(c) No offics-holder or employee shall, in the discharge of
his duties, grant any preferential treatment to any person
or interest beyond that which is properly available to all
other persona or Interests.
(d) No office-holder or employee shall request or permit
the use of town-owned vehicles, equipment, materials, or prop.
arty for personal convenience, except when such are equally
available to the public generally or are provided by municipal
policy for use in connection with town business. (Res, of &22-
78, 4 4)
Sea 3-6. Conflict of Interest relating to business with the
town. : j
(a) No office-holder or employed having substantial finan-
cial interest, direct or indirect, in any transaction with the
Bapp• No. 7
268 •r ~ i
f
s
s;
~l
3•b CODE OF ETHICS 9 3.7
i.
town or in any action to be taken by the town shall use his
office to exert his influence or vote on such transaction or
action.
(b) Any office-holder or employee having financial or other
i private interest, direct or indirect, in any transaction with
the town or in any action being considered by the town and who
participates in discussion with or gives any opinion to any
town agency shall disclose on the records of such agency the
nature and extent of such interest and shall state for the
record why he f of a free possiblep conflict of Interest.t (lies. despite of
the appearance
6-22-7$, $ 6)
Sec. 3.6. Conflict of interest In representing private interests;
exception. _ appointive
town
board (a) member of an in~beihvaelf of as private interest her
commission shagl appear ,
than his own before any elective or Appointive town board or
commisslon of which he is a member.
(b) No forager office-holder or employee shall appear in ~
behalf of a private interest other than his own on an,, matter
before the governmental body with which he has been "so-
elated until one year after he has left that body, bqt this
subsection shall not apply to town counsel.
(c) Nothing in this section shall abridge any statutory col-
lective bargaining rights or other rights assured to an em-
ployee by taw. (Res, of 6.22-78, § 6) E
Sec. 3.7 Board of ethics created; composition; meetings;
regulations.
(a) There shall be a board of ethics composed of five (5)
representative town meeting members who will serve without
compensation, for two-year overlapping terms. Effective Sep-
tember 80, 197x, the representative town meeting, upon nomi-
nation of twelve (12) candidates from the membership of the
repraentative town meeting of the rules
the ft ~
the board ofinei thics. 'Me rules
the five e (5) (6)
Supp. No, 7 267
T-
s
f;
EI
3-7 DARIEN CODE 1 3.8 1
g
i committee will designate which members will serve to June
30, 1979, and which shall serve to June 30, 1960. Thereafter,
members shall be elected from the membership of the repre-
sentative town meeting in this meaner. Membership on the
board of ethics will terminate with the termination of mem-
bership in the representative town meeting, Thereafter, terms
of office of members of the board of ethics shall be two (2)
years, and no member shall serve more than two (2) con-
aecutive full terms. Any vacancy shall be filled at the next
meeting of the representative town meeting, after nominations
by the rules committees.
(b) The board of ethics shall, by a majority vote of its
membership, choose a chairman, a vice-chairman and a clerk,
at its annual meeting, that shall be held as soon as practicable
after July 1.
(c) To adopt reasonable rules and regulations for the ad-
ministration of this chapter, or to amend such rules and regu-
lations, the board shall publish, in a newspaper having gen-
eral circulation in the town, fifteen (16) days' notice of the
time, date &Ad place of a public hearing thereon, and the
purpose of such meeting, having previously filed with the
town clerk and the first selectman full copies of the text of
the proposed rules, regulations and/or amendments thereof;
and shall hold such public hearing. Any rules, regulations, or
amendments thereof adopted by the board shall be pure uant to
such hearing, and shall become effective not earlier than ten
(30) days attar the full final text thereof shall have been filed
with the town clerk and published in such a newspaper. (Res.
of 5-22-78, 3 7)
See. 3.8. Advisory opinions; complaints; Investigations; hear-
ings.
(a) The board shall receive complaints of alleged violatlonc'
of this chapter and shall, upon such written and signed com-
plaint or on its own initiative, investigate such alleged vio-
lations and may hold hearings thereon; provided, however,
that the board shall promptly hold a hearing at the request
of any person whose action is alleged to violate this chapter,
9upp. No. 7
268
x
1 7
CODE OF ETHICS 3 3-10
3,8
Such hearing shall afford such a person the opportunity to
question anyone complaining of his actions and to meet and
answer any complaint made of such actions,
(b) The board shall, not later than thirty-five (86) days
after the bearing, file with the boards deliver by hand or send
board of education, as appropriate,
by certified mail to the person whose action is the subject of
the hearing, a copy of the report of tics findings, together ;
with its advisory opinions, and recommendations with respect -
i
thereto.
(c) The board may also render an advisory opinion to any
office-holder or employee and to any resident of the town as
soon as practicable after receipt the o1~~a t~ roes k~ Such opin-
ions shall be binding upon
the
(d) Any opinion or advice expressed in good faith by
board of ethics as authorized under section 3.8(a) or M (b)
of this chapter shall be advisory only and the town shall in-
damnify any member of the board of ethics from any personal
liability on defamation claims arising from actions taken in `
h good faith in exercise of honest judgement and not maliciously
or wantonly or in abuse of reasonabls discretion. (Res. of
6.22.76, 1 8)
Ste. 3.9. Annual report. i
Each year the board of ethics shall submit promptly to
the board of selectmen and to the representative town meeting
an manual report of its Actions, as of June 30. The ma opinions
port shall be comprehensive in respect to findings, and recommendations issued; shall record or identify by clear
reference all advisory, opinions remaining in affect; and shall
contain any observations or recommendations which the board
fuillment of the
-78lf~ 9)
may wish Intent of t~ chapter, i (Rea o better
stated S" 340. Separability. its
In the event that any section or sections or part or pa
of section or sections of this chapter shall be held invalid by
w
8avp. No. 7 259
t
~zL' 4A
r ~
I.
^r
tl 3.10 DARIEN CODE § 3.10
a court of competent jurisdiction, then the remaining section
or sections shall not be affected whatever, by such finding,
but shall remain in full force and effect. (Res. of 5-22-781 $ 10)
S
i
a
j
• w
(The next page Is 3011
Supp. No. 7
260
r
z
4
Ij
y ly
fifty-. rntatrt.IIq~y r Cam yes.'.
ON
z 1,44,050-1.46,010 ADhfINISTRAT'1
MSS L f>ft
?W, 2941. (Ord. 20177 6 1 (put); passed July 30, 1974),
v r 1.4410SO Council district number four desigruted. The following vatine
precincts in the pry of Tacoma, as they existed July 12, 1974, shall
comprise City Council Election District No, 4: h ,
precincts 27.17 through 27.19; 27-32 through 27.43; 27.50; 29.1
j.... through 29.4; 29.29; 29.30; 29.33 through 29.35; 29.62'tJtrough 29.83;
July 30, 1974).
usad
29.92 through 29.95• (Ord. 20177 11 (part); p
1,441060 Council district number five designated, The fogawing voting
oinets in the City of Tscams, as they existed July 12, 1974, shall t :'s
'i comprise MY Council Election District No. S. + J , predncts 29'5 through 29.28; 29-31; 29.32; 29.37 through 29-41;
*Ff'F` 29.46 through 29.48; 29.51; 29.52; 29.84 through 29-9 1, (Ord. 20177 3 1
(part); passed July 30, 1974).
'MP, rt Chapter 1,46
r CODE OF CS t N . r ' Sections: i
i° 1.46,010 purposes
1,46,020 Deilnition:~
1,46.030 Ethical sandards and prohibited practices enumerates,
1,46,040 ltesponsibiiitiesof Hearinpa Examiner,
~T
1,461.46060 050 Civil penalties procedures
" entities - Other sanctions preserved,
1,
w 1.46.070 Criminal penalties. Y
1146,080 Misc4llueoiu administrative provWons.
1,461090 Sevarability•
1146 100 Financial dSsclosurel
1.46A10 Purpose., A, The City of Tacoma finds that the proper opens
lion of demoentic representative government requires that public officers
L and employees be Independent, impartial, and responsible to the people;
that government decisions and policy be made In the proper channels of the
government structure; that public office not be used for personal gain; and
that the public have eonfldenae in the intogrity of its government Accords D.,
ingly, the purpose of this chapter (henceforth reforred to as the "Code of ' • r,
Ethics") is to establish ethical standards for the avoidance on such confiiou
of interact, or appeanrrce of conNcu itttedeexchurieeofsfavoredntrear 'f^=i
g - r~•`
^Rt`1 employment for private gain, the grant
qi 1 V l1
merit to persons, businesses , or organiutions, and the conduct of octivitles
by such officials and employees which may engender opportunities for r Iti, z~j;r, 1
private advancement or gain or for avoidance of private detriment or loss, It
4 further the purpose of the Code of Ethics to deihneste ethics.1 standards for
252b x.
;qtr,- (r~eeev+a•IaI
i
,
CODE Of ]r7'MCS 1.46.420
ell persons, both in and out of government, In order to aid them In avoiding
situations of conduct which may give rise to an appearance •~-,f Impropriety,
even when adopttingithis Code, y hes Coccurred,
ouncil fully expects and intends that
City of Tacoma personnel will affirmatively utilize the standards of conduct
set forth in this Code of Ethics to shielf the City of Tacoma and Its citizens
J, from those unprincipled persons, be they In or out of government, who
would otherwise attempt to subvert governmental processes and decision-
making to their own private desires and ends.
C, It is the intention of the city Council that this chapter be Uberally
construed to atuhlish its purpose of protecting the public against decisions
which are affected by undue influence, conflicts of Interest, or any other
violation of this Code of Ethics. (Ord. 22842 1 (part); passed Dec. 23,
1982).
1,46.020 Definitions. The following words and phrues as used In this
chapter shall, unless the context clearly indicates otherwise, have the follow
ing meanings.
A. "Anything of value" Includes, without limitation, a gift, loan,
s.=; political contribution, award, or promise of future employment or personal
+r; u
~ benefit.
B. "Appointee means aU CJty personnel except elected offidak,
C. "Business" means any corporation, partnership, sole proprietor-
irm, enterprise,' franchise, associstlon, otgaaiution, self-employed
ship, (
r, CF~
individual, consultant, holding company, Jclnt stock company, receivership,
trust, or any legal entity organized for profit.
D, "Business with which he or she is associated" intents
1. Any business in which the person or a member of the person's
immediate family is a director, officer, employee other than salaried, or
t~,, ; holder of stock worth'One Percent 0%) or more at a fair market value; or
2. Any businass which is a client or customer of the person,
rff+, E, "City personnel" means City employees or City dfflclais,
"Compensation" means payment in any form for real or personal
"'%'t:•';i,', property or services of any kind, unless the context requires a narrower
,.f`~,rt,,~.•,:. meaning
G, "Confidential information" means information exempt from
public inspection and copying pursuant to RCw 42.17.310 and other appl~
cable laws, Y
FL "De mirtlmis" means small, slight, or trifling.
L "Elected official" means any person elected at a general or special 7r
election to any Clty Woe and any person who 4 appointed to fW an
elective City office,
J, "Clft" means a voluntary transfer of real or personal xroperty of
any kind or the voluntary rendition of services of any kind without consid.
eratlon of equal or ;rester value, but not Including;
1, Any informational material transferred for the purpose of informing
2$24 tT~co,+u 2113)
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-1
1,46.020 ADIvIINIST'RATION
r the recipient about matters pertaining to official City business, the nature
of which is not to benefit the recipient;
21 Any symbolic presentation, the nature or which is not to financially
benefit the recipient;
31 Any reasonable hosting, including travel expenses, entertainment,
meals, or refreshments furnished in connection with appearances, cere-
monies, and occasions reasonably relating to official City business, where
otherwise permitted by law;
111 4, Any honorarium as dented herein; or '
5. Relatively Inexpensive items of personal property, such as a box
of Bandy or a bouquet of flowers, which us clearly being given u a simple
act of human kindness, thoughtfulness, and appreciation.
K. "Governmental agency" means any department, office, commission,
council, bond, administration, or other establishment In the administrative
or IegWative branch of City government over which City government may
lawfully exercise itsJurisdlction,
L. "Hearings Examiner" shall mean the duly appointed and qualified
Hearings Examiner of the City of Tacoma, or In the alternative and when
deemed appropriate by the City Council, an indlvieual not a regular em-
ployee of the City, who sha11 possess qualifioatlora comparable to those
required of the Hearings Examiner, and shall be rrtained by the City to
oonduct an investigation, swear witnesses, take testimony, and make apps
priste determinations is to whether or not violations of thin chapter have
been made, , .
M. "Honorarium" means reimbursement for expenses in connection
with speeches, lectures, etc„ that could not reasonably be conswed u given
f YMi
to influence the conduct of the official with relation to offJcial matters.
N, "Immediate family" means spouses, dependents, anyone residing ,
4. in the person's household, and anyone within the third degree of consi r
~ r.l
• guWry of the parson or the person's spouse; e,g., within threw degrees of
;;`;^^•.',9 relationship by blood or marriage.
0, "Person" mains any Individual, business, union, committee, club, or
other entity; however constituted, organized, or designated, including, with-
out limitation, any polltioal, educational, religious or chssiuble association
as group, P. 'Public employee" means any Ind'vidusi who receives regularly
compensation at an annual rate of $3,000,00 or more from the City, and
` a for uking or recommending official action of a non. r"
A who is reapondbl
ministerial nature with regard to:
• 1, Contracting or procurement;
2, Administering or monitoring grants or subsidles;
31 Planning or zoning;
4. Inspecting, licensing, regulating;, or auditing any person;
S, Any other activity where the official action has in economic Impact ;
of gre~tter1Pthan a do mb%imis nature on ubllc Officlil" Meant any electedreor ppointed ~ofAcW in the
252d '
.
v
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CODE OF ETHICS 1,46,030
branch of government o who
executive or
exercises the powseraofethe City. (Ord it22842 1 1 (pert); pas edoDec, A
C 1981).
V ,
1,46,030 Ethical standards and prohibited practices enumerated. In
order to avoid becoming involved or Implicated in a conflict of interest
or impropriety or, just as important, an appearance of conflict of interest or
I impropriety, all City personnel and all persons shat) obey the following
prohibitions:
A. No City personnel shall, except for compensation as provided by
law, use his or her office or any confidential information received thereby r..
for any private purpose, including, without limitation; commercial purposes,
her immediate family,' or business f with which he or rsshe
a memb• of his present
is associated.
B. 1. No person shall offer or give anything of value to City personnel,'
members of their immediate family, or business with which they an asso-
ciated, or to any candidate for elected City office, member of his or her
r7 immediate family, or busniess with which he Is associated, based on any
agreement, understanding, or implication'that the vote or official action of
any City personnel or any candidate for elected City office would be Influ-
enced or determined thmby. f
f-i'-.1•r 2. No City Personnel or candidate for elected City office shall solicit
Iti,« y
or accept anything of vralue, based on any agreement, understanding, or
~ + implication that the vote or official action of any City personnel or any
candidate for elected City cilia would be influenced or determined thereby,
C. No City personnel, in their relationships with any person, shall use
the power or authohry of their office or position, nor shall any candidate
,;:•41;ti;' , for cleated city office use the prospect of office in a manner intended to
induce or coerce another-person to provide, directly or indirectly, anything
of value which will accrue to the private advantage, benefit, or economic
gain of the official, employee, or any other pcrson. At used in this subaec•
dOR, the tern! "private advantage, benefit, or economic gain" shall mean
advantage, benefit, or economid gain distinct from that of the general publle
1 v.
or not resulting naturally from lawful and proper perfarmanoe of duties ;
ry' r D. No City personnel shall use their official influence to assist any
Y.••,M:, 1i•
':"i'r'~•' ^ ~ person for compensation, other than compensation as provided by law, •
y before a governmental body, public official, or public employee.
E. No City personnel shall render or agree to render any personal, " a
nonofficial services in connection with the acqu4itlon by any governmental
body of an Interest in real or personal properryr
l ' F. No City personnel shall,
1. Share In any way in the compensation or in anything of value
received by another person in respect to any transaction in which, City
personnel are prohibited from engaging,
252e (T.wmu 141)
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1. A.
~T•• • f 4•\
11T Y 1,46.030 ADMINIS'T'RATION
2, Accept snything of value, other than coi4tnsation provided by law,
for rendering the services for which he or she is compensated.
0. No former Ciry personnel shall:
1. Within two years after his or her employment has ceased or term
ended, knowingly act as went, consultant, or attorney for anyone other than
the City in connection with any particular matter in which the City Is a
party, if the employee participated personally and substantially in that
particular matter while so employed.
2, Since Subsection I above is a restriction upon subseglsent employ.
;Went, the terms "particular matter" and "participated personally and
substantially" are to be strictly construed. The term "particular matter"
is restricted to mean any judicial or other proceeding, application, request
-for a ruling or other determination, contract, claim, controversy, charge,
accusation, or arrest involving a specific parry or parties and which has a
s•Asuntial impact upon the parties and/or the Ciry, The term "participated
personally and substantially" is restricted to, mean a greater than mkUznal
Involvement by way of pardcipstion as a public official, public employee,
or City personnel through decision, approval, disapproval, recommendation,
t Investigation, or rendering advice, and by mason thereof, acquired informs.
don, :pedal knowledge, or other specific advantages not generally avail
able to the genersl public or experu in the field,
!r H, No City personnel shall:
1, Use, request, or permit the use of City motor vehicles, equipment, ~L"
f
materials, or property, except irtthe conduct of official business)'
2. Use, request, or permit the use of City employee services except in
' the conduct of official business.
" I, No person and no City personnel shall engage in or aid and abet
any act of reprisal against any person as a consequence of that person's
having made s report of violation, PROVIDED, that this shall not prohibit I
the exercise of lawful remedies available to such person to redress wrongs) l
J. No person and no City personnel shall intentionally commit or
allow any breaph of confldentiallry as required by this Code of Ethles in r '
+'c connection with any report or investliation of a violation,
A`' . K No person and no City personnel shall knowingly and intentionally
induce or coerce or attempt to induce or coerce anyone to violate any t.
provision of this Code of Etr~a1
L No person and no City personnel shall knowingly Me a false charge
or report of violation of this Code of Ethics with the City Council. For
purposes of this subsection, every unqualified statement of that which one ;
does not know to be true is equivalent to s false statement,
M. No City personnel shall intentionally engage'in any sot, in addition
to those listed above, which is in conflict with the performance of his or her
official duties,
N. Unless otherwise provided by law:
1, No member of a nonelected governmental body, committee, or
subcommittee, shall hive a financial interest, either personal or through a
Fowl" 2•11) 252f
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1
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CODE OF ETHICS 1.46.040-1.46.050
member of his or her Irnmediste family or a business with which he or she
a de general public, In nature or m matters an to
C which ich 4 interest
is not distineth from that of Interest the of
the jurisdiction of the body, committee, or subcommittee.
"
2. City personnel shall serve on such nonelected governmental bodies, not'as voting
committees, lesor subcommittees s otherwise provided l byelaw. (Ord, 11842 g and 1 (psr't); passed
members, union
Dec. 28, 1981).
1,46.040 Responsibilities of Sarinp Examiner. A. There is hereby
delegated to the Bearings Examiner, as defined herein, the responsibility ut
"*.y. forth in Section 1,46.050 relating to enforcement procedures, except as to
employees of the City of Tacoma, Once such allegation or complaint has
1 ' v• been tiled with the office of the City Clerk and notice of such filing has been
~.ii•
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't`" transmitted to the members o-' the City Coundl, the City Manager, or the
Director of utilities, whichever may be sppropriate, which notice shall not,
set forth any names or details concerning the complaint, then such person
t^
or persons shall designate and appoint the Hcuings Examiner to handle an
investigation in those cases or instances involving persons other than regular
4
City employees; PROVIDED, that In tho event said complaint shall Involve
in some manner the office of the Hearings Examiner, the said matter sha11 be
referred to the City Attorney for investigation, all in accordance with the i
'n .;procedures outlined herein.
• r Z, In i:l instances of complaints or reports of allegations of imps
- involving City cmployees, the reports shall be referred to the CITY
+ P~an' Manner or Doctor of Utilities, as.maY be appropriate, for a proper lnvasti• II i
+ , • gallon and appropriate disdpW'ary action consistent with the provisions
E • R~-,rl of the Ord, 21841 1 (pan),P~ deDec 28,f1982). evolving Ciry
personneL (Or
on who has knowledge
«.r;,t,.•;. 1.46.050 Enforcement procedures. A. Any Pars
of a violation of this code of Ethics committed by any person other than an
employee of the City of Tacoma subject to the Jurisdiction of the Ciry
Manager or Director of UtWties, may make a signed written report of the
same to the City Clerk, The fact that a report has been received, the contents
of the report, and the Identity of the person making the report shall remain
confidential until such time as the Counia after receipt of notice as
0.14
,t~ providsd herein, has referred the Bus's to a Heuings Examiner for an Initial
tJnreshold determination that probable cause exists to baileys that a violation ;
of the Code of Ethic has occurred.
B. Upon recelpt of a report, the Heartnss Examiner, without
esbgni it
of subpontu or sworn testimony, shall make such preliminary ;.•y..
as he deems appropriate to determine whether probable cause exists to
believe that a violation of the Code of Ethics has occurred, If the Htuinss
Examiner is satisfied that probable cause does exist, he may choose between
two courses of action as
~S~g (71weu t•ea)
r
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1 1,46,050 AMNiSTRATION
1, Refer the matter to the proper authorities for criminal prosecution, /
provided that, upon a determination that the proof beyond a reasonable
doubt necessary for criminal conviction is not'avatlable, the proper author.
\
Itles may refer the matter back to the Hearings Examiner for proceedings
consistent with the civil buden of proof, sit., a simple preponderance of the
evidence, or
2, Retain the matter for his own formal investigation with a view
toward the ultimate disposition by the City Council In the event it is deter.
mined an actual violation has occurred,
C. If the Hearings Examiner should determine probable cause does not
exist, he shall communicate his decision in writing to the person who made
the initial report. The Hearings Examiner's determination of lack of probable
cause shag remain confidential, unless the person who made the WtW report
chooses to make his or her compisint public. Should this latter event occur,
;r all of the Hearings Examiner's records, Met, notes, correspondence, and
• invsatipdve materials elating to the finding of lack of probable cause shall
be made open for public inspection.
D, Should the Hearings Examiner decide to retain the matter for
his own formal Investigation pursuant to Subsection 8,2 above, the Hearinp
Examiner shall notify, In writing, the person who made the report and the
person complained against, of his decision to pursue a formal investigation
+y by way of holding a hearing to determine If a violation has occurred. The• f
person complained spinet may choose whether the hearing shall be open
or closed to the public.
E, Hearings conducted by the Hearings Examiner shall be informal., '
The person complained against may be represented by legal counsel and/or
by his or her bugaWng representative, and may present and cross-examine
witnessas and gNs evidence before the Hearings Examiner, The Hearings
Examiner may cog witnesses on his own motion and compel the production
of books, records, papers, or other evidence needed. To that and, the proper
i MT J T•
authorities that issue subpoena and subpoena daces tecum at the request
}'4;{p4 i of the Hearings Examines o; the person complained against, All testimony '
shell be under oath. adminsterad by the Hearings Examiner, The Hearings
r}+a Examiner may adjourn his hearing from time, to time it order to allow for
it
;the orderly presentation of svidsnee, I
Upon motion made by the parson comPlainsd against or upon his own
,,•:.•c?~'.~„ motion, the Hearings Examiner may temporarily stay or permanently
suspend his investigation when, in his informed discretion, the manifest ,
needs of Justice and fairness will be better served thereby.
' The Hearings Examiner shag prepare an official record of the hearing,
including all testimony, which shall be recorded manually or by mechanical
device, and sxhiblu; provided that the Hearings Examiner shall not be
required to transcribe such records unless presented with a request accom-
panied by payment of the cost of transcriptlon,
F. Within thirty (30) days after the conclusion of the hearing, the J".
Hearings Examiner shall, based upon a preponderance of the evidence, make
(T..ew~ s•n} 2$2h
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M'k .01
CODE OF E'T MCS i 4
.6,060
/ and fully record in his permanent records, findings of fact, conclusions of
law, and his determination of a recommended dispositlom A copy of the
findings, conclusions, and recommended disposition shall be forwarded by
registered mail to the person who made the initial report and to the person
complained against at addresses as given by both persons to the hearings
Examiner. An additional copy of the findings, conclusions, and recom•
mendidons shall be forwarded to the City Council for Its formal action
G. Upon receipt of the Hearings Examiner's final action, the City
Council shall schedule a public hearing. The person complained against shall
have not less than two (2) weeks' written notice of this hearing, At this
j': hearing the Hearings Examiner, the person complained against, and other
interested parties shall be given a reasonable opportuniry to be heard, follow.
Ing which the City Cound may adopt, reject, amend, or modify the
Hearings Examiner's findings, conclusions, and recommendations, or remand
the matter for further investigation and consideration by the Hearings
t4tr: Examiner, The Counep's decision shall be in writing, setting forth Its
}"c findings, conclusionsand in appropriate cases, the civil sanction(s) imposed. r •
H. Any person found, by Mai written order of the City Council, to
be in violation of this Code of Ethic may appeal the Council's decision in
the manner and form as provided by law,
I, Either the City Manager or the Director of utilities may refer any
M complaint against a City employee to the Hearings Examiner for processing
substantially In accordance with the provisions of this section in lieu of f
conducting his own investigation, in those instances wherein he may deter.
mine the action complained of does not warartt disciplinary proceedings
under the Charter and ordinances of the Clty of Tacoma. An election to
refer said matter shall preclude further processing of the complaint at the
administrative level. (Ord, 22842; 1 (part); paned Dec, 28, 1981),
1.46,060 CM' penalties w Other sanctions preserved A. Whenever the ,f
City Cbuncn determines that a violation of any provision of this Code of
sq~l;H Ethic has occurred, it may issue an order to the violator to comply with
either or both of the following requirements: ;
1, To cease and desist violation of this chapter;
2. To file any reports or other documents or information required by '
this chapter,
B. Violators may be subject to other liabWtles to the extent that their
conduct violates other provisions of the law, Including, without limitation,
RCW 9A,68,010.450 (Bribery and Corrupt Influonce) and RCW 9A.80.010 '
(Abuse of Office), and to such extent criminal penalties {hall be Imposed in
accordance with Sate law,
C, Any sanction imposed under this chapter is in addition to and not
,
in Ileu of any other penalty or sanctJon which may be Imposed according i r
to law or equity, including removal or recall from office, employee dis•
elplinary action, or injunctive relief to Insure that any violation of this
chapter ceases and desists and/or that any statement or other information
2521 rnwnu r•as>,
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t=
11 ' 777
1
1,46,070.-1,46,100 ADMINISTRATION
required by this Code of Ethics Is filed, (Ord. 22842 ~ I (part); passed Dec,
A 1982).
1,46.070 Criminal penalties, A. The crlmina7 sanctions Imposed by this
Code of Ethics are applicable to those instances where an actual conflict of
interest or impropriety exists. This is contrasted with situations which
involve only an appearance of conflict or an appearance of impropriety.
These letter 1`appurancs" situations are not subject to the &Irninsl sanctions
imposed herein.
A misdemeanor, as used In this section, is punishable by imprisonment
Domore than Six llars (S500.00), or by both by ~such fine
enFive J&D for Hundred not
more than and
imprisonment.
8. Any person or City personnel who knowingly violates any provision
fmisd memor, (Ord, 2284211 (part); paced Dec. 28, 1982)) be guilty of
a
1.46,080 Miscellaneous administrative provisions. A. , It shad be the
responsibility of all offleWs to Siva this Code of Ethics the widest possible,
written dissemination among City personnel to ensure that all public em-
ployees become aware of its contents.
8. The City Councfl may appoint a task force of citizens to review the
Codt of Ethics, as pscesssry, for recommended changes to improve the
Code, (Ord, 22842 11 (part); passed Dec. 28t 1982).
'1.46.090 Severabil ty, if any sectioN subsection, paraSrsph, sentence,
clause or phrase of this chapter is for any reason held to be invalid or J
unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this chapter, it
being hereby expressly decland,that this chapter and each section, rub-
section, par'ainph, sentence, clause, and phrase thereof would have been
adopted irrespective of the fact ;hat any one or more other sections, rub-
sections, pam$mphs, sentences, clauses, or phrases be declared invalid or
unconstitutionaL (Ord. 22842 11 (Part),, passed Doc. 28, 1982),
1,46,100 PinomeW disclosure, All persons presently required to file
reporu under the public disclosun law of the Suts of Washington shall,
upon assuming any City offlee or position, file with the City Clerk a true
and correct copy of the completed report required to be Ned under said
;
Suts law. (Ord, 22842 i 1 (Pan); passed Dec. 28, 1982).
li
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1
tT,tOwu alas;' 252j
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1CMA
MANAGEMENT INFORMATION 5ERVICE .}ten r+^h
REFERENCE NUMBER ITi, KGI~J K ~r Q
105826 f ~a
i 1
Chapter 21
ETHICS LAW*
621-1. Applicability.
1 21.2, Ethics commission,
6 21.3, Conflict of interest.
1 214. Financial disclosure,
1 21.5, Lobbying dis6osurs,
21.8. Exemptions and modiflatioaa.
121.7. Enforcement
s
See. 21-1. Applicability.
The provisions of this chapter apply to all elected or appointed
officials and employees of the city, except as hereafter provided.
(Ord. No. G4M-32, $ 1, 7.1483) f
Sec. 21.2. Ethics commission. i
There shall be a City of Frederick Ethics Commission which j
shall be composed of three (3) members appointed by the mayor
with the consent of the board of aldermen. The commission shall
be advised by the city attorney and shall have the following
responsibilities: 4
(a) To devise, receive and maintain all forms generated by
this chapter,
(b) To provide published advisory opinions to persons subject
to the chapter as to the applicability of the provisions of
this chapter to them; }
(c) To process and make determinations as to complaints flied
by any person alleging violations of this chapter; and ;T
` (d) To conduct a public information program regarding the
purposes and applications of this chapter, (Ord. No, G83.32,
11, 7.1483)
r;
•Chartor rider sass-Prohibited activities by city oflleers and employes, i
138.
Cross rdu+aew-Financial discloeure, i 2.2,11 offleen and employes pnw-
ally, 12.3 it esq.
Stipp. No, 41, 743 307 ?
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1 21.3 FREDERICK CITY CODE 4 21.3
Sec. 21.3, Conflicts of interest.
Officials and employees who are subject to this chapter shall
not;
(a) Participate on behalf of the city in any matter which would,
to their knowledge, have a direct financial impact, as dis•
tinguished from the public generally, on them, their spouse •
or dependent child, or a business entity with which they
are affiliated.
(b) Be employed by a business entity that has or is negotiat•
ing a contract with the city or is regulated by the city,
except as exempted by the commission pursuant to section
216 of this chapter, and except that this subsection sha11
not apply to any official or employee who shall disqualify
himself from consideration of any matter before the city or
regulated by the city relating to said business entity.
(c) paHold rtiality or independence of judgment In their duties with
the city.
(d) Represent any party, whether or, not for a fee, before the
Board of Aldermen or any administrative agency of the 1
city.
(e) Within one year following termination of city service, act
spacdwrepresentative of another in connection
a compensated
with any y spe in which hparticipated substan•
atter i
w
tially as a city official or employee.
(f) (1) Solicit any gift or accept gifts from any person who
has or is negotiating a contract with the city or is
regulated by the city. A gift includes the transfer of
anything of economic value, regardless of form, with. .
out adequate and lawful consideration. a
(2) Unless a gift of any of the following would tend to
impair the impartiality and the independence of judg•
met of the official or employee receiving It or, if doing so,
nif cant value, would give the appearance
or, if of significant value, the recipient official or am•
ployee believes, or has reason to believe, that it is de.
signed to do so, this subsection (f) does not apply to:
Supp. No. 41, 7.83 308
s
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421f
ETHICS LAW
121-4
a. Meals and beverages;
b. Ceremonial gifts or awards which have insignifi•
cant monetary value;
C. Unsolicited gifts of nominal value or trivial items
of informational value;
d, Reasonable expenses for food, travel, lodging, and
scheduled entertainment of the official or the em-
ployee for a meeting which is given in return for
• participation in a panel or speaking engagement
at the meeting;
e. Gifts of tickets or free admission extended to an
elected official or employee eattan charitable, professional
or intercollegiate sporting it lhe, cul.
tural or political event, if the purpose
or admission is a courtesy or ceremony extended
to the office;
f, Campaign contribution; or
g. Any other gift that would not present a conflict of
interest as determined by the commission.
(g) Use the prestige of their office for their own benefit or that
of another.
(h) Use confidential information acquired in their employment
or official position for their own benefit or that of another.
(Ord. No. 0.83.32, 11, 7.1483)
See. 21.4. Financial disclosure. }
than paragraph
(a) The city officials and employees listed
31st of
this section shall file annually, not later
each calendar year during which they hold office or are employed, a
statement with the commission disclosing any gifts z
e fifty dollars ($60.00) in value, including those otherwise excepted
by the provisions of section 21.3 above, received during the pre-
ceding calendar year from any person having a contract or doing
business with the city or any person regulated by the city. The
statement shall identify the donor of the gift and its approximate
retail value at the time of receipt.
(b) Candidates for elective offices or appointees prior to accept.
ing their position listed in paragraph (c) of this section shall file
5upp. No. 41, 7.83 309
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¢ 21 5 FREDERICK CITY CODE § 2]•5
statements consistent with the requirements of subsection (a) of
this section at the time that they file their certificate of candi•
dacy or are appointed.
(c) Officials and employees required to file:
(1) The mayor and board of aldermen;
'(2) All department heads; and
(3) Members of the following commissions: Planning commis. o
sion; board of zoning appeals; historic district commission;
and personnel commission. yj
(d) All persons subject to this section shall file a statement t
with the commission disclosing any interest or employment the
holding of which would require disqualification from participa.
tion pursuant to section 21.3 (a) and (b) of this chapter suffl•'
cie.ntly in advance of any anticipated action to allow adequate
disclosure to the public
(e) Disclosure statements filed pursuant to this section shall be Y
maintained by the commission as public records available for F}
public inspection and copying. (Ord. No. G-83.32, 4 1, 7.14.83)
l
Sea. 21.5. Lobbying disclosure.
(a) Any person who personally appears before any city official
or employee with the intent to influence that person in perfor•`
mance of his official duties, and who, in connection with such y+
intent expends or reasonable expects to expend in a given calen•
dar year in excess of fifty dollars ($60.00) on food, entertainment or
other gifts for each such official and/or employee shall file a
fegistration statement with the commission not later than Janu•
ary 16th of the calendar year or within five (6) days after first
making these appearances. •
0
(b) The registration statement shall include complete identification of the registrant and any other person on whose behalf the
registrant acts. It shall also identify the subject matter on which <
the registrant proposes to make these appearances, and shall
cover a defined registration period not to exceed one calendar
year,
Supp, No. 4t,1.83 310
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ETHICS LAW 1 21.7
4 21.6
(c) Registrants under this section shall file a report within thirty
(30) davs after the end of any calendar year during which they
were registered, disclosing the value, date and nature of any
food, entertainment or other gift provided to any city official or
employee. When a gift or series of gifts to a single official or
employee exceeds fifty dollars ($50,00) in value, the official or
employee shall also be identified.
• (d) The registrations and reports filed pursuant to this section
1,
on and copying. (Ord No. rGc83a32, ~ avail.
shall able for maintained
7.14.83)
Sec. 21.6. Exemptions and modifications. a
The commission may grant exemptions and modifications to
the provisions of sections 21.3 and 214 of this chapter if it deter.
mines that application of those provisions would,
(a) Constitute an unreasonable invasion of privacy;
(b) Significantly reduce the availability of qualified persons
e for public service;
(c) Not be required to preserve the purposes of this chapter-, i
and
(d) inNot require strict terest of the official and /or enforcement ewhere mployee i is found
remote or
insubstantial to affect the integrity of his public act. (Ord,
No. G•83.32, 11, 7.14.83)
Sec. 21.7. Enforcement.
(a) The commission may issue a cease and desist order against
any person found to be in violation of this chapter and may seek
enforcement of this order in the circuit court for Frederick Coun• t
ty, Maryland, The court may issue a cease and desist order and
may impose a fine of up w five hundred dollars ($600,00) for any
violation of the provisions of this chapter,
(b) A city official or employee found to have violated personnel
ter may be subject to disciplinary or other appropriate s
action, including suspension of salary or other compensation.
(Ord, No, G•83.32, 4 1, 7.14.83)
Supp, No, 41, 7.83 311
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MANAGEMENT INFORMATION SERVICE
N ~u i~ i Y(- REFERENCE NU48ER
+ t.;fFF W
N1Q1900
MIS' PV
aSB rBtl{f MIS TOWNSHIP Or FALLS
t B SgnBQ". CODE or ETHICS
WHZEEAS, it is the responsibility of all local government officials and
Township employes to perform their duties so that all citizens
of the Township of Falls may have conplets confidence in the
integrity of their government; and
MHEAZAS, The proper operation of a democratic goverwant requires that
elected and appointed officials and Township employes be in-
partial, honest and responaible, to the people; and
NHSIIZAS, Local government officials must avoid all situations where
prejudice, bias, or opportunity for personal gain could in-
fluence their decisions and, further, must seek to avoid even
the appearance of improper conduct; and
NOW THEAEFOAZ, the following code of Ethics is hereby promulgated,
effective 12/18/75 t constituting for ourselves, and
for other elected officials who may now or hereafter join in
this promulgation, a personal commitment to adhere to the
standards set forth herein; and constituting for all persona
employed or appointed by us or by other appointing authorities
who may now or hereafter join us in'thi■ promulgation, due
notice of the standards of, conduct expected of elected officials,
employes and appointees and the procedures to be used when
questions pertaining to thoiir ethioal conduct arise hereafter.
1. RESPONSIBILITIES OF ELECTED AND APPOINTED OFFICIALS AND TOWNSHIP
EMPWYZEB.
A. Elected and appointed officials and Township employes are
agents of the public and, while performing their duties in the
public interest, are bound to uphold, support and defend the
Constitution of the United States and the Constitution of
the the Commonwealth of Pennsylvania and to faithfully follow
and administer the law.
e, rho duty of elected and appointed officials and Township k
employes to work in the public interest entails responsibility
for the proper, efficient and e"romical management of all
public funds property, and other resources. All elected and
appointed officials and Township employes shall faithfully
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discharge their duties to the best of their abilities and shall
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CODE Or ETMICd Page 2
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perform a full day's work for a full day's pay.
C.. No elected or appointed official or any Township employee
shall discriminate against any person on the basis of age,
race, creed, sex, national origin or political belief,
II CONFLICT Or INTEREST. In order that all elected and appointed
officials and Township employes may clearly understand the areas
of possible conflict of interest, the following guidelines are
set fortha
A. Adverse pecuniary_ interest. No elected or appointed officials
or Township employee shall engage directly or indirectly in
any personal business transactions, or private arrangement for
personal profit which accrues from or is based upon his or
her official position or authority. An elected or appointed
official or Township employee who participated in the
f.
negotiations of contracts, the granting of subsidies, the
fixing of rates, or the issuance of valuable permits or
certificates to, with or for any entity shall not have directly 1
or indirectly, any financial or personal interest in that
entity.
S. Representation of interest. No elected or appointed official
or employee shall, assist another person by representing him
directly or indirectly as his agent whether or not for
compensation, in any transaction involving the Township,
except to provide assistance rendered in the course of
or incident to his official duties. No attorney, engineer
or other professional employee employed by the Township shall
represent any parson, association or corporate body in h•
Any matter pending before the Township.
C. Gifts ,nd rnv„r A. 1!1"t6d end appointed of rs:tA:n •AI •a.pioy•s
r
and 7rs.•dl Ale Feel -r ,ff17N• tn.l •npl•+YeA,
,
a`pt'. . 1 1,7►.t:l ! .:J.,r3t]/. ►-..t 1' 1' •pl 1
A,Irte to accept Any gt.t ..f money or goods, loans or asTvices
for personal benefit under any circuxetances which could
influence the manner in which the officials and Township
p.., employes perform their work, make their decisions or other-
' 1~ i J wise perform their duties.
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TONNSHIP OF FALLS
CODE OF ETHICS Page 3
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D. Mama of information, No elected or appointed official
or employee shall, for his or her own personal gain or for
the gain of others, use any information not available to
the public at large or divulge confidential information
in advance of the time prescribed for its authorised
release. Nor shall any official or employee receive
compensation for consultation which draws upon official
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ideas or data which has not been disclosed to the public.
3. Supplementary employment. No compensated official or employee
shall engage in or accept private employment or render
services for private interests which such employment or
service in incompatible or in conflict with the proper dis-
charge of his or her official duties or would tend to impair
his or her independence, judgement or action in the per-
formanc• of his or her official duties, Supplementary
employment may be undertaken only when not in conflict
with the conditions of employment promulgated by the
Township.
F. insurance broker er agent. No elected or appointed official
or employee shall directly or indirectly be the broker or
agent who procures any type of bond or policy of insurance
for the Township, its officers, employes, persons, or
firms doing business with the Township.
III BOARD OF ETHICS
A. There is hereby established a Board of Ethics consisting
of three members appointed by the Township Supervisors.
There shall be two public members, in whose selection the
Supervisors shall take rare to appoint persons unlikely to
use the Board for partisan political ends. One member
mhall tc a professional or executive level employee of the t.
township, An alternate for that member shall be appointed
to serve only in the consideration of cases of alleged
a violation of the code Involving persons in the regular
y, A', jar. member's department or agency, Not more than one member of
the public members shall be registered voters of the same
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CODE Of ZTEIC9 Page
as Chairman by the Board members.
.;r D. The members shall serve staggered three-year terms, with one
rs,
position falling vacant on December 31 each year.
C. Two members of the board shall constitute a quorum and an
affirmative vote by a majority of the entire membership of
the Board shall be necessary for any action. Members may
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not nominate an alternate or representative to attend
meetings or vote in their behalf. Members of the Board shall
serve without salary but shall be reimbi a for their
Jr a
actual and necessary expenses incurred in the performance of
their duties.
D. The powers and duties of the Board shall be an follow n
INITIATING ACTIONS
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1. Any elected or appointed official or employee may request
in writing an investigation of any alleged violation of
this Code of Ethics by an pleated or:appointed official
or employee of the Township, and the Board shall conduct
an investigation.
2. Any elected or appointed official or employee may request
in writing an advisory opinion from the Board with
respect to the scope, applicability and interpretation
of this Code of Ethics, and the Board shall respond.
3. Any elected or appointed official or employer who wishes
to ascertain in advance whether a particular personal
action contemplated by himself or herself or a subordinate
might be a violation of this Code of Ethics may request
in writing an advisory opinion from the Board, and the
Board shall respond.
CONDUCT OF ACTIONS
a. The Board may cindvct hnaringa prior to rondurtm! an
opinion or report in any por11:u:3r -.~•t. r, R nr1
~!.nlt •.~arfr.t. r•.~n.•:•r an ff-.. ....r.,i
..r y.: y.• ..ho vy to riaatantiw::y Affe:te,l t.y tr.a r.
or report in the natter requeeta to writing a hearing.
Hearings shall be informal and private, and shall be
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` conducted by a quorum of the board.
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legal counsel, and shall be afforded the opportunity to
respond and present evidence and argument and to cross-
"&mine adverse witnesses on relevant issues.
6. The Board shall keep a stenographic record or tape
recording of all hearings of alleged violations, if
l requested to do so by a party at interest.
r 7. The Board shall not communicate, directly or indirectly,
i with any party or his representative in connection with
` any issue except upon notice and opportunity for all
parties to participate. The Board shall not take notice
of any communications, reports, staff memoranda, or other
materials unless all interested parties are afforded an
opportunity to contest the material so noticed.
84 The Board way establish for the conduct of its business
such other detailed rules consistent with this Code of
Ethics as it deems appropriate.
REPORTS AND ADVISORY OPINIONS
9. A written report of an investigation of an alleged
violation by an official or employes shall be submitted
to the board of Supervisors and the official or employee
involve9.
10. Advisory opinions shall be submitted to the authority
or p^irson requesting them, and may be published for the
information and guidance of all concerned.
LIMITATION '
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11. The Board's authority ands with the submission of its
report or opinion.
txroacawr.
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ly elettei Township (IffiGers.
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r CODS OF ETHICS Page 6
X.
For Township employes, disciplinary action may be
dismissal or some leaser action, and shall be the sole
prerogative of the Township Manager, except in the case
when such action involves the Township Manager or appointed
official than disciplinary action shall be the prerogative
of the Board of Supervisors notwithstanding any provisions
in any agreement between the Board of Supervisors and the
Manager. in the cane of employes covered under any collective
bargaining agreement disciplinary action is subject to the
provisions of any much applicable collective bargaining
agreements or other applicable personnel policies of the
Township.
V. AMENDMENTS
The Board of Ethics or the hoard of Supervisors may
initiate a proposal for an amendment of the Code of Ethics.
A proposed amendment will be adopted when approved by the
Board of Supervisors and a simple majority of the Board of
Ethic s .
Adopted this Eiohteenth day of December, 1975.
D_orothv 44a
d a rman
s/ Da Ye E. 3axman
tore ary- reasurer
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U40 CONNECTICUT AvwM N.W. V' WASIIVCT'ONa Q C ANCE NO. IW7 ~GG~r ~~•Lll~1 ;1 Gc1~.2`64
AN ORDINANCE OF THE CITY OF CLEARWATZ& FLORIDA, AMENDING CHAPTER 2,
ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF CLL46RWATER,
FLORIDA, 1962, TO ESTABLISH A CODE OF ETHICS FOR CITY OF CLSARWATER
v OFFICERS AND EMPLOYEES EMPLOYED ON EITHER A PART TIME OR FULL TD" BASIS;
TO PROVIDE DEFINITIONS; TO SET FORTH STANDARDS AND GUIDELINES FOR THE
ETHICAL CONDUCT OF PUBLIC OFFICERS AND ILMPLOYIESS OF THE CITY OF
CLEARWATER; TO SET FORTH REQUIRFMENI'S FOR FILM AN ADDITIONAL
Y DISCLOSURE STATEMENT IN ADDITION TO ANY REQUIR.W BY STATE STATUT9S, THE
' DATE FOR $O FILING AND THE PENALTY FOR FAILURE TO DO SOi TO PROVIDE BOTH
CIVIL PENALTY AND CRIMINAL PENALTY FOR FAILURE TO COMPLY HEREWML
} PROVIDING POP, REPEAL OF ORDINANCES OR PARTS OF ORDINAI4C:9 IN CONFLICT
HEREWITH TO THE BRTENT OF SUCH CONFLIM PROVIDING FOR THE SEPARAPILr"
OF THE PROVISIONS HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED
ENACTMENT; AND PROVDNNG FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
411S BE IT ORDAINED BY THE CITY COMMISSION OF THE CTTY OF CLEARWATER, FIARIDAt
pI9aSB ~0ft, ° Seetlen i. Chapter 2, Administradon, of the Code of Ordinances of the City of Clearwater, Florida,
~g a r'7 to MSS 1962, is hereby amended to add thareto new Sections 140 An,Agh 2.51, to read a follows
I~~~'J! Section 240. Code of Ethks - Statement of Prapass and Policy.
The purpose of this Code is to promote the waste of the Citizens of the City of Clearwater through
f the adoption of s Cade of Etwes to govern•dl City of can and Cfq employees, em Toyed on either
a put time or full time basis byy the City of Cleatrrata. Within ebb framework, the general
ob}ectim of this Code in as. follows
(a) To faalicate the proper operation of municipal government by providing officers sad
amptoyees who an ladspendant, impartial and taponsible to the people, and able to make
governmental decisions and fomulate policy within the established channels of governmental
1 sttveeure.
(b) To insure that public office or public employment not be used foe unwattanted passional gala.
1 (c) To insure that the Aneacial interwa of am *you and public office holdesr praeat Wther a
conflict not the appearance of a conflict ~,w th tht public trust
(d) To faster continued me notice of the concept that public em loyses and public *Mee
holden an agents *(the public and hold office or employment foe the benefit of the public.
(e) To enhance public confidence in the integrity of Its municipal go"musent
(f) To promote a recommitment to the coxtpt that public empl ees ad public of&$ holden
an required to uphold the Constitution of the United Staten tbt Comedtudon of the Start of
Florida and the Charm of the City of Clearwater, sad an re kod to Imps day cam out
and enforce the laws of the Nation, tiro Sate of Florida and the City of Cleatrwtw, Florida.
(g) To continue high moral standards in government.
{h) To reaffirm the policy of the Cry of Clearwater to adhere not only to the "latter" but to the
"Lntene" of the Sunshine Law (Chapter 286, Florida Statutes) sad the Public Records Law
(Chapter 119, Florida Statutes).
To this end, than is hereby established a Coda of Ethics foe the City of Ckarwatw.
Seetiwt 2.41, Cods of Ebeks - Defbsidoos,
When used in this ordinance:
(a) ~tneaat anyypprdot+rietorshlp, Partnership, corporation, association, as any
is e''f''6`'' llnn hwiaess,
(b) r means any person ensployed'br tare City of Clearwater or any of its depart.
menu ageaeies, Comm One, authovidsts or boards, whether oe a full or part time bade.
I
(c) QX 4i$etc means any person elected or spp 0tea to any public office or public body of the
City of Clewwartr, whether paid or unpaid and whether part time or full time.
(d) gQ Aail; s)uh1 mesa the City of Clearwater at any of Its departments, agencies,
commission, authorities or boards.
(e) of a person meats one's spot", and any chlhd, panne, grandparent, brother
or shier, and the sports" of such person,
Section 242. Code of Edda - Establishment.
The requirements set forth in the following utdow shal constitute a Code of Ethics stables"
reasonable standards and guidelines lot the ethical conduct of public officers and employees of tie
city of Clearwater.
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Sercdoa 2.13. Code of Ethic - Stamderda of Coudxt,
No City office: or qty employee shaflr
incl Oft, oan. 10, rd, rom 7e 1 or buswm entity which is interests Ip.
(s) con prpomite futurs a nployment f
bard member:. conduct
dlmtly or indirectly in any lion i'tr+ ry mE (Cl rrur r. advisory The sm" of
Elected Ciitty oower than not be mb*l to that pordon of the standard of conduct set forth
P~~arypyph relating to business relationships. The standard of conduct imposed by this
h sthhaallll not apt to invitations of courtesies extended to City officers or employees
on a group bads;
i (b) Use in an effort to obtain financial gain for himself at others, other than compensation ss
prodded by law, an information understood to be confidential and received through the
holding of public office or employment)
(c) Use or attempt to use one's official Position or City property to secure anadyantage,
privilege or exemption for one's self Or any other person, or any group or business entity;
(d) Represent any Meant group or business entity before any gwernmentai bad? of the City of
Clearwater. Thfs sand" of Good,,t shall not be conauued tc pt""t as omcer as employee
from appearing, without compemsation, before any governmeotal body of the City of
Clearwater to ter" his personal vim as a private citixem This section shall not be construed
to ply to qry officers or members of their naffs when performing those functions provided
for~r the qty charter or by ordinance;
(e) Represent any group, presan or corporation is any odmiaierrativo proceedings or litigation
where s parry thereto is the City of dearwater, a goveromental body of the qty, or s City
office: or q employy" exe~~ o~ffOfficial. duns. This standard of conduct shill not be can.
sensed to apply to coIlectire oarEamsmg and n"Otladom proceedings and activities fitted by
Ch ter 447, Florida Stashes, mid apArticle 1, Section 6 of the Florida Constitution. This
P"foor" ng these functions ~prorided fa bto City y the gry yCharter of pylon of their staf6 when
ht (f) Request, use or permit the use of any Clty-owned or City-supported property, vehicle, equip'
went, labor or service for the persamal convenience or pttnte u6 wags o- f biinself, a busier 's
entity at any other person. This section shall not be deemed to P" bit a qty OM W or City
1\ employ" from regn"dm 1. using of et. the ttw of etch dty+wmed or City-wpporod
pt , vehicle, eeqqulpmeat, muerlai, labor a semi * which it is the general practice for the
available to site pnblk a large or which is prrnided u a matter of stated public policy
use of qty officers and qty employs" in the c=&set of official budnen.
Secsioa 2d4. Cede of Ethia - Disclosure or Use of Came Worms"
No q offices or City employee shall disclose or use Imfoemadon not available to members of the
general public and gained by reason of W official potddon for his penonal gain or benefit or for the
personal gin or benefit of any other person or bull entity.
Section 245. Code of Ethics Disclasure of lntersaL
in any matter pending before a qty an loyee or qty officer or the j"ornmental body with which
the officer or employee is associated, where nth of icur or employ" or a member of his of her
Immediate family a a busiaas puma of much offices or employ" hnas a firaamciil interest, dksct at
indirect, or business, but distinct from the imam: of der geeral ppuublic. the qty officer or
Ciem "shaft, prior to any delibuadon ova the matter, publicly dhxlou the nature and extent
of nuA twat la tlse official records of the gover+mental body before which the muter is pending.
Seetba 2y46, Code of Ethics - lncompadble Employment.
No qty officer or qty employee shall engage in private employment with, a tender services for any
pennon or loudness entity enrrentlr ha.ing bthdnas a.os+ctloae with any qty ~ara~teatal body
aal"a he fine shill have merle foil public dlseloeurs of the nature and extent o rAch proposed
amplaymen or services and her secured the approW therefor of the qty Commission, in the case
appyo eof the
lected
sw+dard off Conduct ion a cep by this pstrhsgorralphtn~the casoo(CIty amp to. g to prior spproval shall notThat
City offices and qty of Clearwater bond members.
Section 2.47. Code of Ethics -Forma qty offku at City employee center.:.
No former qty officer or qry employtihsfl rephr~hu been nt or bust m eot~ynr coafter mpohe eaves
on any matter before the public pod
that body,
Section 246, Code of Ethics - Disclosure Statemme.
(a) In oddldon to to disclosure reqquirementsunder Florida Statute 112.3143, the Mayor.
Commbsioaer, the City Commissionon, the qty Mosta;er, all Assistant City Managers, all
Adminisnadvs Assistants to the qty Manager, the City Attorney, all Assistant City Attomsys,
0 department and division holds, the R*t-of •Way Agent, sad employees engaged in doing
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municiQPal puroha tl Shall prepus and file with the chi clerk of the cit1 of C1arw+etrr in
affidavit form.. a oture statement conuitting a lists{ of, withoue Micmac* to amount,
"
laouea of income, Including WI" of die Parties named herds. each Paw"
eacsph fousetusaddlviduamtsor ehlldren, if say[ any in times d by m1 Offt heL odl+e od hdot t i
an business whether It be a artdt p, c iota. prop p
veil property whether owned la whole or is ppart is rbe Sun of Florid `byoFthe in
~ named herein or their spouaes~ and X11 IiabUities, mdh~dwlly or jo yy
named herein and theb sQouaes In ezcea of (1.000,00, czcludirug then fi•om a Boma mortgage,
motor vehicle or bat mongsge and say rout! charge aaounw
(b} Eve Cl officer orcary em to a, required by thb otdLtaace to file a dbclaure sutamest.
shallryfile Huth testament ereatQ~y the pro^ous calendar year no later t1+an k2i00 noon of
July IS of each year, intlu the July 15th followiee ehs last year he is of the dauethL t
statement required by thb ono"" 'cc shall i's t}1ad wieiia flheen (15) days
ordinance becomes effective.. Succeeding stuemeau shal3 be filed on the date act out herein.
Evu1 City of&er or cityea Qloyea mendoad in Subsection (a) of this Section, who is
appo{aced a}ta1S me the required dlaeloatro statement within thing (90) days after the data
of appoiatmtat.
(c) in addition to say other roilty provided herein, in the anent Lay individual dcafgntsed by
this satins fain to comply with thb said Section 2.411, such failure shall be deemed
nonfeesaaea in office.
Setdon 249.. Code of Ethics - public Record.,
The dbclolum st1wrotou required by Section 2.46 shall be Public records within the MUWAS of
Florida Statute 119.011,
Secdon 2•SO. Code of Ethics - Civil Remedy Avdlable.
Violation of say of the Providoas of ddb ordinance, including but not limited to, any failure to file
dbclaura, in addidon to any criminal pa"ty, shell subject rites violator to a Chil Penalty trot to
15,000 00) or restitution of uy pecuniary benaflu receircd because
exceed Five Thousand Dollars(
of the violation committed.
The Civil penalty provided for in this Section 2.50 shall be recoverable by, and chap maw to, the
r \ City of Clearwatn in a civil action brought by the City..
Section 2.51.. Code of Ethics - Crboinal Penalty,
person who shall rfolasx any Provision of tbb ordbma+uce shall be subject, ".anconvkdon in a
{
Any
Any 9mo etesejudbdledon, to a fine not exceeding the tam of Five Idun Dollars (11500..04
court of gom p
or imprisonment in }ail fa a period not to exceed sixty (60) days. or by bolt such fine 914
Imprisonment.
i All ordlnancas or puw of ordbanae in cols ict herewith an to the extant of such
hereby nP"Ied.
cooflkt
Should any pan or provision of thb ordinimte he declared by a court of competent
jurisdiction to be lnvabbd, the same shall not affect the validity of the ordlnaac0 u e whole. or my Port
thereof other then the part declared to be innlld..
of the pt apaaed enutment of thb 0941114110 hes beea properly ad erdsad in a
deA Notice
Soc
asnespaper of general circulation bn accordance with Chaptat 166.011, Florida Satuta,
s4cflp,,L Thb ordinance shall baomt effective bmmedwely upon its Passer.
OtteL'- e. ~ 94 6
PA558D ON FiRSI' READTNG -
PASSED ON SECOND AND FINAL KUDWG ~Rove mher 4 1976
AND ADOPTED AS AMENDED
III Gabriel CisarN
hlayorCordmbsioner
Attest i
1st A. 6, SVlslt+head
city clerk
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Ethics Handbook
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For city council Members,
Members of City Boards,
` Commissions and Committees, and
City Employees
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C Of ~1ON1IX
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City of Phoenix
Ethics Handbook
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' Developed by the City Ad Hoc Committee on Ethics
Councilwoman Thelda Williams
Carlos G. Arauz
C. Timothy Delaney
Roderick G. McDougall
Bruce Meyerson
Katherine Patry
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1991
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INTRODUCTION
The City of Phoenix has prepared this Ethics Handbook to help City
employees and members of City boards, commissions and committees and
the City Council to conduct their activities in a manner consistent with
1 existing law.
As you will see, Arizona and the City have a number of laws concerning
ethical conduct. To our knowledge, until now no govemmental agency E
in Arizona has collected such laws and distributed them to its employees
and elected and appointed officials, This Handbook represents one of several
means by which the City intends to provide additional guidance to City
employees and all elected and appointed officials on these important issues.
Please recognize that this Handbook is not all Inclusive, but rather presents
E a broad overview. It you are ever in doubt about a particular situation,
we strongly encourage you simply to seek advice. it would be better to
ask for guidance than to violate the law inadvertently,
After carefully reviewing this Handbook, members of City boards,
commissions and committees should sign the certification of personal
commitment that appears on the last page and return it to the Mayor's I,
office, Members of the City Council should sign the certification and return
it to the City Clerk.
r Thank you for your service to the City. We sincerely hope that this
Handbook will assist you in carrying out your official duties.
Mayor Paul Johnson
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Councilwoman Mida Williams,
Chair of the City Ad Noe Committee
on Ethics for Boards A Commissions
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TABLE OF CONTENTS
I Page
E I. CITY OF PHOENIX ETHICS POLICY,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1 ,
i U. APPLICABLE LAWS AND POLICIES , 2
C{ A. Attendance
( B. Conflicts of Interest 2 r
C. Contracts with the City 3 j
D. Disclosure of Confidential information, 3
E. Discrimination q
i F. Employment .,..,1,,,,,,,,1,, 4
1. Incompatible Employment , , 4 s
2, Representing Private Interests Before City Agencies 5 I
! 3. Employment of Relatives,,,,,,,,,,,,,,,,,,,,,,, 5
I
4. Discussion of Future Employment , , , , , , , , , , , , , , , , 5
G. Gifts, Favors and Extra Compensation , , , . , ,1, .1, , , , , , 6
H. Political Activity .,,.,,,,1,,...,,,1.,.,,.,,,,1...,,,,.,,,, 7 .
I, Public Access: Open Meetings and Public Records , ,1..... , 7
1. Use of City Equipment, Facilities or Personnel for Private Gain,, 8
i III. PROCEDURES
A, Whereto Seek Advice ,,,,,.,1,,,,,,,,,,,,,,,,,,,,,,,,,,, 8
B. What to do if You Are Uncertain ,,,,,,,,,,,,,,,11,,...,1,1 9
C. How to Declare a Possible Conflict , , , , , , , , , ,,1, , , , , , 9
D. Where to Report improper Behavior . , , . , , ,1, , , , , , , , , , , , , , 10
IV, PENALTIES AND SANCTIONS 11..,,,,1,,,,,,,,,,,,,,,,,,,,,,,, 10
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APPENDIX At EXAMPLES 12
A. Conflicts of Interest , , , , 12
B. No Conflict of Interest Exists 14
APPENDIX B; ARIZONA STATUTES RE: CONFLICT OF INTEREST
OF OFFICERS AND EMPLOYEES 16
APPENDIX C. ARIZONA STATUTE RE: EMPLOYMENT OF RELATIVES, ,1 23
APPENDIX D, KEY CITY LAWS 24
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I. CITY OF PHOENIX ETHICS POLICY
It is the policy of the City of Phoenix to uphold, promote, and
demand the highest standards of ethics from all of its employees
and officials, whether elected or appointed. Accordingly, all City
employees and members of City boards, commissions, committees
and the City Council should maintain the utmost standards of
personal integrity, truthfulness, honesty and falmess in carrying out
I their public duties, avoid any improprieties in their roles as public
servants, and never use their City position of powers for improper
personal gain. See City Code, Ch. 2, Arr. fl, § 2.52*.
Comment. The proper operation of municipal government
requires that all City employees and members of City boards,
I commissions, committees and The City Council remain Independent,
Impartial, and responsible only to the public. You hold afjiee for
the public's benefit, and have sworn an oath to uphold the
Constitution of the United Starts and the Arizona Constitution, in
your offtelal acts, you are bound to observe the highest standards
' of morality, and discharge faithfully the ducks of your office
regardless of personal considerations, recognizing that the public
interest must be your primary concern.
f Democratic government can function properly only when the f
citizenry has confidence in its public administrators. Public Trust
is built largely upon the perceptions that citizens have regarding
their public administrators. Once public confidence is destroyed, it
j is dfjt7evh to re-establish. As a result, a public
1 agency may not be
able to function effectively. Moreover, individual careers or
reputations may be irreparably damaged. Hence it Is imperative for
j you to foster the highest standards of personal integrity and honesty
in discharging your public duties.
You should remind yourself constamfy of the civic trust that you
hold by reason of your position. You should never compromise your
honesty or integrityforpersonaigafn or advanecment. Always remain
sensitive to the values of the public you serve.
' 9etawe the City has adopted tM pnky as m ordinance, aN City employees and member
of City bostit tommissinns and tommitten and the city Cnuntil must they K.
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U. APPLICABLE LAWS AND POLICIES
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A, Attendance
The City's attendance policy for membors of boards, commissions
and committees provides that, if a member fails to attend three
consecutive regular meetings or more than fifty percent of all
' meetings of such groups held over a six month period, the City
Council may declare the seat vacant and appoint a replacement.
See City Code, Art, 1 § 2.40.
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Comment: Members Qf 0ty boards, commissions and committees
are expected to attend all regularly scheduled meetings ,jd should j
make every effort to do so. The City Council appointed you for 4
your experience, background and perspective In a particular policy
area, and wants the benefit of your consideration and Judgment,
Moreover, your board, commission or committee cannot conduct
any business unless a quorum is present. Accordingly, if you must
miss a meeting because of business, vacation or illness, please advise j
the chairperson of your board, commission or committee In advance
of the meeting.
1. eonflkts of IMerust
Pursuant to Chapter 11, Section 1 of the City Charter, Phoenix
has adopted Arizona's Conflict of Interest Laws. The full text of
those statutes appear in Appendix B,
Comment: City employees and members of City boards,
commissions, committees and the City Council must be constantly
on guard against conflicts of interest, In short, you should oat be
involved in any activity which might be seen as conflicting with
the responsibilities of your position with the City. The people of
Phoenix have a right to expect that you act with independence and
fairness towards all groups and not favor a jew individuals or yourself. f
Appendix A of this Handbook presents various examples of how
the Conflict of Interest Laws operate.
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C. Contracts with the City I I
Arizona law prohibits any employee or officer of a public agency
who has "a substantial interest in any contract, sale, purchase, or
service to such public agency" from participating in any way with
the transaction. See AR,S. 5 38.503(A) (reprinted in Appendix 8),
Also, Arizona law has a flat prohibition against City employees or
j officers providing certain goods and services to the City without
f competitive bidding. See A.R,S. 5 38.503(C). Two other statutes
prohibit municipal and public offlcers from being personally involved
in housing or redevelopment projects. See A.R.S 5 5 36.1406 and
36-1477.
Comment; As with other conflicts of Interest, any City employee
or member of a City board, commission, committee or the City
Council in such a situation must (1) make known the substantial
interest Involved and (ti) refrain from voting upon or otherwise
participating In the transaction or the making of such contract or
sale. Also, you cannot provide certain goody and services to the
City-even (f you do not participate in the process-unless the
competitive bidding process is used. Other prohibitions may apply
if federal fund; are involved.
n. Disclowre of Confidential Information
Arizona law provides that, during a person's employment or service
with the City and for two years thereafter, no City employee or
member of a City board, commission, committee or the City Council r
may disclose or use confidential Information without appropriate
authorization. S1eg A.RS. 5 38-504(8) (reprinted In Appendix B). 1
Comment. City employees and members of City boards,
commisyk,,w, committers and the City Council often have access
to important non-public information regarding the property, oper-
ations, policies or affairs of the C.i ,y. Such information may concern
real estate transactions, expansion of public facilities, or other City
projects. Me leaking of this inside information may benefli a few
at the expense of a possible monetary loss to the City and a deterio-
ration of public contildenee. If you are privy to cont/idential infor-
mallon, you may not disclose that information to any private ckiren
and should disclose it to other public employees only if appropriate.
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E, Discriminathn
Chapter Xi, Section 2 of the City Charter provides: "No person
E shall be appointed to, removed from or in any way favored or
discriminated against with respect to any city positron because of
race, color, ancestry, national origin, sex, political or religious opinions
{ or affiliations,"
i Comment: The United States and Arizona Constitutions, as well
as numerous federal, state and local laws, outlaw various forms of
discrimination. You should make avallabletoeveryperson-whither
they are applying for a City service, job or posillon--every
consideration, treatment, advantage or favor that It Is the general
practice to make available to all citizens, At equality of oppor,untty
both to enter into public service, besides being the ob/ect of various r
federal, state and local laws, Is a central factor in achieving efflcknt
public service and good morale.
F. Employment
1, incompatible Employment. City employees may have
i outside employment, so long as it does not interfere with City
employment and is approved in writing by the Department head. I
(See City Policy A.R. 2.62.)
Cornrnenfr As a City employee you must avoid en8a 3
8i+r8' in or I
accepting private employment or rendering service for private
Interests when such employment or service is tncomprilble with the
proper discharge of your official duties or would tend to impair
your independence or judgment or action in the performance of
those offtetal duties. For example, a City right-of-way agent who
has knowledge of the City's plans to purchase particular property !
cannot first purchase that property for another person or company,
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2, Representing Mvato Interests sefore City Agencies, For
twelve months following a person's employment or service with the
City, Arizona law prohibits City employees and members of City
boards, commissions, committees and the City Council from
representing another person for compensation before a public agency
concerning any matter with which that officer or employee was
directly concerned and personally participated by a substantial and
1 material, exercise of administrative discretion. See A,R.S, § 38-504(A)
! (reproduced in Appendix e),
Comment: City employees and members of City boars.
commissions, committees and the City Council may appear before
City agencies on behaif of constituents in the course of performing
duties as a representative of she eketorate or in the performance
III of public or civil obligations, as long as you are not representing
j any private person, group or interest for compensation that is
contingent on such activity.
II i 3. Employment of Reletfves. Arizona law prohibits City
j employees and members of City boards, commissions, committees
and the City Council from being involved in the appointment, hiring
or supervision of a relative. See A.FtS. 4 38-481 (reproduced in,
Appendix C), and A.R. 2.91.
CommeW: Because hiring a relative is a aptetal type of a conflict
j of Interest, it must be avolda
4. Discusslotl of Future Emaloymentt. When a city employee
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has been offered or is discussing wture employment with a person,
j firm, or, any other business entity that is presently dealing with the
City concerning matters within the employee's current official duties,
that person should disclose such possible future employment to the
City Attorney's Office, (See A.R. 4.01.)
Comment: City employees should be aware that they are
vulnerable to offers of future employment by private pariks in
exchange for favors and/or Utformation obtained through the
person's position.
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{ G. Gifts, Favors and Extra Compensation
The City's Gift Policy (A.R. 2.93) provides that "No City employee
shall accept any gift, service, or favor which would lead toward
favoritism or the appearance of favoritism in any way"
Additionally, Arizona law prohibits City employees and members
r of City boards, commissions, committees and the City Council from
ft receiving anything of value or any compensation other than their
normal salary for any service rendered in connection with that
person's duties with the City. See A.R.S. § 38.505(A) Ireproduced
1 in Appendix 8).
Comment. City employees and members of City boards,
r 1 commissions, committees and the City Council should we accept
any g(ts (monetary or otherwise, suc/t as a service, loan, thing or
promise), gratuities, or favors from anyone other than the City for ;
the performance of acts with In the regular course of your offfeial
duties. You should refuse any gifts or favors which reasonably may
i be interpreted to be offered in or-'or to M luence a municipal decision.
Compensation jor performing your public duty is limited to salaries,
fringe beneflis, and any personal satisfaction that you may derive
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from doing a good Job.
While you are the f rst to decide whether to accept any gift, you ;
must recognize that others will decide if there is "the appearance
of favoritism "for your having accepted a gift.
Finally, you should be wary of accepting any gifts or btnepis
from individuals doing business with the Cliy or whose financial }
1 interests are affected by City action.
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{ H. Polttkal Activity
Chapter XXV, Section 11 of the City Charter prohibits any person
{ holding a position with the City from participating in political
campaigns for City elective office in any way beyond voting and
privately expressing personal opinions. See A.R. 2.16,
Commenk The Clty Attorney, In Opinion No. 90-011, determined
at the provisions of Chapter XXV, Section 11 of the City Charter,
J do not apply to citizen members of City boards, commissions and
therefore they may participate in political campaigns for City elective
office. City Council members are specifically excluded from the
provisions of this Section of the Charter. Although other City off leers
II and City employees may participate as private citizens on campaigns
for non. City ofylees and issues, they may not participate in polls ical
campaigns for City elective offices. i"
As citizens, City employees and members of City boards,
commissions, committees and the City Council can and should
exercise their rights to register and vote in all elections including
City elective ofykes.
1, PuWk Accesrx Open Meetings and PuWk Records
Numei ous Arizona and City laws require that meetings of public
bodies be open to the public and that public records be available
for inspection. See e.g. Open Meetings Laws (A.R.S. 4 4 38431
through 431.09 and City Charter Ch. 4, 4 5) and Pubik Records
Laws IA.R.S. 4 4 39-121 through 121.03 and City Charter, Ch. 4,
521).
Comment- As declared in state statute, It is the official public
policy of Arizona that meetings of publk bodes be conducted openly.
j Also, Arizona law allows broad access to public records, Open
government gives the public coVUme* that public affairs are being
performed properly. ne City has published a separate brochure
an this sub*t for your use that is available from the City Clerk s
office (2626811},
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J. Use of City Equipment, facilities or Personnel for Private
Gain
} City employees and members of City boards, commissions,
j committees and the City Council should not use City facilities,
equipment, personnel or supplies for private purposes, except to
the extent they are lawfully available to the public.
I ComnwW.- Public respect for its government is weakened when
City-owned facilities and equipment are used by City employees and
members of City boards, commissions, committees and the City
Council for personal gain. City offlee supplies, work materials,
vehleles and equipment are to be used only for City work. Taking
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City goods for private use is not a 'fringe beneOp" It is stealing.
See A.R.S. 4 § 13.1802. Also, it is improper (and maybe unlawful)
I for supervisors to use subordinatesfor theirpersonal benefli. Finally,
you also should avoid waste of public supplies and equipment.
ill. PROCEDURES _
A. Whom to Seek Advice
1. City Employees. Employees who have a question about the
ethics of an action should discuss it with their s+jperAw or bring
it to the attention of the Management Audit Control ("MAC")
Committee. (Phone; 261.8999)
It is frequently necessary to consult administrative regulations,
personnel rules and departmental directives to determine whether
a particular action is allowable. The MAC Committee has the authority
to clarify policy ambiguities and to investigate allegations of improper
conduct.
The MAC Committee is comprised of the City Auditor, the City
Attorney, the Assistant City Manager and a rotating Deputy City
Manager, and is staffed by the managers personal aide, You are
protected by the Committee's strict standards of confidentiality,
which prohibit the Committee from voluntarily releasing Information
about your inquiry. The Committee will accept anonymous
complaints.
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2, members of City Boards, Commissions, Committees and
the City Council, If you are uncertain about whether a conflict
of interest or other ethical problem exists, you should contact an
1 attorney in the City Attorney's Office (262.6761), identify yourself
and explain the situation. If time permits, please submit your request
in writing to the City Attorney directly. If your request relates to
a conflict of interest, XR.S. § 38.507 requires that the request be
confidential, although the official opinion of the City Attorney is
required by this law to be a public record. PLEASE recognize that
the City Attorney's Office is very busy and may not be able to respond
immediately to every ethics question that it receives. Accordingly,
you should submit your questions as soon as you realize that you
want advice.
B. what to Do If You are Uncertain
The existence of an ethical issue often does not arise until a meeting
already is underway. Obviously, you do not have time to call the
MAC Committee or the City Attorney's Office for advice Rather
than risk an Inadvertent vitiation law, the safest course of action i
is simply to declare that a conflict may exist that prevents you from
participating, indeed, if there is a consistent theme to this Handbook,
it would be: "If in doubt, don't"
C. Now to Declare a Possible Conflict
If you think that a conflict of Interest (or even a possible conflict)
exists, then you simply.should announce that fact to make known
the substantial Interest,in the official records of the public agency
as soon as the possible conflict comes to your attention. For example,
as soon as members of City boards, commissions, committees and
the City Council realize that a conflict exists on a given matter,
they should announce the conflict on the record for the minutes.
From that point on you may not participate (by discussing,
questioning or voting) in that matter. Although you are not required
to leave the meeting, you cannot be counted for purposes of
constituting a quorum.
When the minutes of the meeting are available, the staff will send
a copy to the City C Ws office with a note explaining that a conflict
of interest was declared,
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i You should not feel bad about declaring a conflict and not
participating. indeed, members of the City Council often declare
r a possible conflicts to avoid any hint of impropriety.
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I 8. When to Report Improper Behavior
City employees and members of City boards, commissions,
committees and the City Council have a duty to prevent any Improper
i governmental actions. Hence, there is no shame in being a
"whistleblower" if another employee or appointed or elected officer ;
is acting improperly. Moreover, you should never attempt to use
your authority or influence for the purpose of Intimidating,
f threatening, coercing, commanding, or influencing any person with
the intent of interfering with that person's duty to disclose such
F improper activity.
If you believe that you or someone else may have violated a law
1. City Emolovees You can report (confidentially, if desired)
i any observed problern or wrongdoing to the MAC Committee
{261.89991 (City Manager's letter 608).
2. Members of City Boards, Commissions, Committees and the
City Council - Contact the City Attorney's Office (262.67611.
IV. PENALTIES AND SANCTIONS
Violations of the law set forth in this Ethics Handbook may expose S
a City employee or member of a City board, commission, committee
and the City Council to a variety of penalties-including reprimand,
removal from office, termination of employment and criminal
I prosecution"
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In the case of a City employee, any disciplinary action roust be
conducted in conformance with the procedures established by the
City Charter and In accordance with personnel rules and regulations.
Additional penalties authorized by law also may be imposed.
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for exwo, the penoin for violating Admwl Open IAWINs laws inckide r A*stion
ofactiontakan(ARS.S38413$Ostremowlhwoffice,acMlpenaltyofupto1500,annsft om
of aA cats and allwotys fees intoned in the Nwutit and such other equitable MW thk Ow
court deems appropriate. AKS. 4 3$431.071A},
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in the case of a member of the City Council, not only could they
be subjected to a recall movement, but also they could suffer civil
and criminal penalties authorized by law.
city employees and members of City boards, commissions and
committees and the City Council must recognize the serious
consequences of violating some of the laws set forth in this Ethics
Handbook, for example, intentional violation of the "Conflict of
Interest Laws" constitutes a Class b felony, which Is punishable upon
conviction by imprisonment for up to one and one-half years and/
or a fine of up to one hundred fifty thousand dollars. Negligent
violation of the law constitutes a Class 1 misdemeanor, which is
punishable by imprisonment for up to six months and/or a fine of
up to two thousand dollars. In addition, a person found guilty of
violating the law automatically forfeits their public office,
Ultimate responsibility for complying with the law rests with
individual members of public bodies, Therefore, in situations inwiving
potential conflicts of interest doubts as to the application of the
law should be resolved by disqualification rather than by participation.
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APPENDIX A; EXAMPLES
The following examples are provided to give you an idea how Arizona's
Conflict of Interest Laws would be applied. CH course, each situation will
be decided upon the unique fact circumstances involved. The goal of these
examples-and indeed this entire Handbook-•)s to help develop greater
sensitivity to ethical considerations. If you are in doubt of wh, ' you should
do, opt not to participate,
A, Conflkts of Interest
Listed below are illustrative examples of situations involving potential
violations of Arizona's Conflict of Interest statutes. (All of the examples
assume that the City employee or officer is a member of the public agency ,
that is reviewing the matter in question.)
1, The City employee or member of a City board, commission, committee
or the City Council (or a relative) owns property in such close proximity
to property that is the subject of a zoning or license application that the
granting ordenial of theapplicatlon could affect thevalue of the employee's
or member's property.
2. The City employee or member of a City board, commission, committee
or the City Council (or a relative) has done work in the past for a firm f
seeking a City contract and anticipates doing further work for the firm j
in the future. A potential conflict exists regardless of whether the work
involves the matter that Is the subject of the contract. (However, mere
past association does not of itself constitute a conflct if the business
relationship Is not a continuing one,)
3. The City employee or member of a City board, commission, committee
or the City Council for a relative) is an officer of a corporation that operates
a chain of stores. An application by a competitor seeks zoning approval
for a store within thn, service area of one of the stores owned by the
member's corporatico,
4. The City employeeor member of a City board, commission, committee
or the City Council (or a relative) is a developer who files an application
for approval of a project. Not only must the City employee or member
disqualify himself from consideration of the application, the member also
may not participate in the matter by rsonall presenting the application
to the public body. (However, someone else may present the application
on behalf of City employees and members of City boards, commission and
committees and the City Council.)
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5. The City employee or member of a city board, commission. committee
or the City Council (or a relative) is a realtor who has had discussions
concerning a listing agreement with the owner of property that is the
j subject of a zoning application, if the City employee or member of a City
1 board, commission, committee or the City Council wishs to pursue
agreement, he should disqualify himself from considering the app
14 the City employee or member of a City board, commission, committee
or the City Council does not disqualify himself, he should not subsequently
enter into the listing agreement. ;
6. A proposed amendment to the City code seeks to regulate a specific
type of business activity, The City employee or member of a city board,
commission, committee or the City Council (or a relative) has an exclusive
franchise or right to conduct the activity in the City.
7. The City employee or member of a City board, commissionthatnwilltbe
or the City Council (or a relative) has an interest in property
uhicluely affected by a proposed land use plan, and the adoption of the
plan could affect the value of the property (e.g,, the plan confers special
benefits on the property that are not applied to other similarly situated
properties).
8. The close relative of a City employee or Ia member of n business a With a City pboard,
commission' committee or the City Council whose application or contract is being considered by the public agency.
9, The City employee or member of a City board, commission, committee
r o f hcontract is total pannual
i or the City Council receives more than five cpercent
income from a corporation that has an app' n o A
before the public body
f 10. The City employee or member of a City board, commission,
committee or the City Council is seeking the award of a professional services
contract from the City, unless the contract will be awarded through inter competitive bidding to the lowest bidder, of whether o the Cestem exists
in
the absence of compelitive bidding regardless
or member of a City board, commission, committee or the City Council
participates in awarding the contract. In other words, a City employee or
member of a City board, commission, committee or the City Council is
prohibited from contractingwith the City unlessthe contractwili beawarded
through competitive bidding.
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11. The City employee or member of a City board, commission,
committee or the City Council (or a close relative) is a paid employee of
an organization which receives funds appr%riated by the City Council,
including federal and state funds administered by the City,
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a. No Conflict of Interest Exists
Fallowing are illustrative examples of situations that do not constitute
violations of the Conflict of Interest Laws. (Again, all examples assume
that the City employee or member of a City board, commission, committee
or City Council is a member of the public agency that is reviewing the
matter in question.)
1. The City employee of member of a City board, commission, committee
or the City Council for a relative) is a member of a trade assoclation that
I has applied for an amendment to the City Code that is being considered
ii by the public agency.
2. The City employee or member of a City board, commission, committee ~
or the City Council (or a relative) owns property in an area that Is included
in a proposed land-use plan that is being considered by the public bony
(unless that plan would uniquely affect the property of the City employee
or a member of City board, commission, committee or the City Council):
3. The City employee or member of a City board, commission, committee t
or the City Council (or a relative) is the nonsaladed officer of a nonprofit
corporation that has an application that is being considered by the public
body.
4. The City employee or member of a City board, commission, committee
or the City Council is a tenant of a property owner who is seeking a City
contract (unless the contract would affect the pecuniary or proprietary
interests of the City employee or member of a City board, commission,
committee or the City Council).
5. The City employee or member of a City board, commission, committee
or the City Council is the attorney for a contracting party las long as the
City employee or member of a City board, commission, committee or the
City Council does not represent the person in regard to the contract).
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l 6, The City employee or member of a City board, commission, committee
or the City Council owns less than A 01 th`h sharebsil of as corporation
that has an application being considered by
employee
Council or does member of a City if the total annual commitfromtee v lends,
conflict
not have a of exceed
tion, does n
i. including thevalue of stock dividends from the corpora or member of a City
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5% of the total annual income of the City employee
board, commission, committee or the City Council and any other payments
made to him by the corporation do not exceed 5% of his total annual
income, 1
7. The City employee or member of a City board, commission, committee
or thin City Council is an advocate for or against a matter before the public
agency and has publicly stated that he will or will not support the matter
{unless the matter will affect the pecuniary or proprietary Interest of the
City employee or member of a City board, commission, committee or the `
City Councill,
8. The City employee or member of a City board, commission, committee
contract
or the City Council for area ) co tracts to asr ~ ng ass thees or goods is i
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from a firm that does ness with
unrelated to official actions taken by the city employee or member of
l the City
tIrW r ity board, commission, committee hilontyCOmm,ttee~or the City
employee or member of a City j
Council receives no benefit from the firm as a result of official action).
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? APPENDIX 13: ARIZONA STATUTES RE:
CONFLICT OF INTEREST OF OFFICERS AND EMPLOYEES
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S 38.50, Application of article
A. This article shall apply to all public officers and employees of
incorporated cities or towns, political subdivisions and of the state and
any of its departments, commissions, agencies, bodies or boards, but shall
not apply to members of the legislature.
B. Notwithstanding the provisions of any other law, or the provisions
of any charter or ordinance of any incorporated city or town to the contrary,
the provisions of this article shall be exclusively applicable to all officers
subdivision of
and employees of every incorporated city or town, political
the state and any of its departments, commissions, agencies, bodies or
boards and shall supersede the provisions of any other such law, charter
provision or ordinance,
C. Other prohibitions in the state statutes against any specific conflicts
of interest shall be in addition to this article if consistent with the intent
and provisions of this article.
g 31.502. Definitions I
In this article, unless the context otherwise requires: j
1. "Compensation" means money, a tangible thing of value or a financial j
benefit.
2. "Employee" means all persons who are not publk officers who are
employed on a full, part-time or contract basis by an incorporated city
or town, a political subdivision or the state or any of its departments,
commissions, agencies, bodies or boards for remuneration,
3. "Make known" means the filing of a paper signed by a public offirer
or employee whkh fully discloses a substantial Interest or the filing of
a copy of the official minutes of a public agency which fully discloses a
substantial interest. The filing shall be in the special file established pursuant
to § 36-509.
4, "Official records" means the minutes or papers, records and
documents maintained by a public agency for the specific purpose of
receiving disclosures of substantial interests required to be made known
by this article.
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5. "Political subdivision" means all political subdivisions of the state and
county, including all school districts,
6. "Public agency" means:
(a) All courts,
(b) Any department, agency, board, commission, institution,
instrumentality, legislative or administrative body of the state, county,
j incorporated town or city and any other political subdivision.
7, "Public competitive bidding" means the method of purchasing defined
in title 41, chapter 4, article 3, or procedures substantially equivalent to
such method of purchasing or as provided by local charter or ordinance.
8, "Public officer" means all elected and appointed officers of a public
agency established by charter, ordinance, resolution, state constitution or
statute, but excluding members of the legislature.
' 9, "Relative" means the spouse, child, child's child, parent, grandparent,
brother or sister of the whole or half blood and their spouses and the
parent, brother, sister or child of a spouse.
10. "Remote interest" means:
(a) That of a nonsalarled officer of a nonprofit corporation.
(b) That of a landlord or tenant of the contracting party,
(c) That of an attomey of a contracting party.
(d) That of a memberof a nonprofit cooperative marketing association.
(e) The ownership of less than three per cent of the shares of a '
corporation for profit, provided the total annual income from dividends,
including the value of stock dividends, from the corporation does not exceed
five percent of the total annual income of such officer or employee and
any other payments made to him by the corporation do not exceed five
percent of his total annual income.
(f) That of a public officer or employee in being reimbursed for his
actual and necessary expenses incurred in the performance of official duty.
(g) That of a recipient of public services generally provided by the
incorporated city or town, political subdivision or state department,
commission, agency, body or board of which he is a public officer or
employee, on the same terms and conditions as if he were not an officer
or employee.
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(h) That of a public school board member when the relative involved
is not a dependent, as defined in 43.1001, or a spouse.
(i) That of public officer or employee, or that of a relative of a public
officer or employee, unless the contract or decision involved would confer
a direct economic benefit or detriment upon the officer, employee or his
relative, or any of the following:
(i) Another political subdivision.
(iil A public agency of another political subdivision.
(iii) A public agency except if it is the same governmental entity. c
(j) That of a member of a trade, business, occupation, profession or
class of persons which Is no greater than the interest of the other member
s
I of that or similar trades businesses, occupations, professions or classes of
persons.
11. "Substantial Interest" means any pecuniary or proprietary interest, E
either direct or indirect, other than a remote interest.
§ 38.543. Conflict of iMen nt; exempti employment prohibition
A. Any public officer or employee of a public agency who has, or whose
relative has, a substantial Interest in any contract, sale, purchase or service
to such public agency shall make known that Interest In the official records
of such public agency and shall refrain from voting upon or otherwise
participating In any manner as an officer or employee in such contract,
sale or purchase.
8. Any public officer or employee who has, or whose relative has, a
substantial interest in any decision of a public agency shall make known i
such interest in the official records of such public agency and shall refrain
from participating in any manner as an officer or employee In such decision.
C. Notwithstanding the provisions of subsections Aand $of this section,
no public officer or employee of a public agency shall supply to such public
agency any equipment, material, supplies or services, unless pursuant to
an award or contract let after public competitive bidding, except that;
1. A school district governing board may purchase, as provides' in
§ § 15.213 and 15.328, supplies, materials and equipment from a school
board member.
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2. Political subdivisions other than school districts may purchase
through their governing bodies, without usinq public competitive bidding
procedures, supplies, materials and equipment not exceeding three hundred
thone e policy thousand
governing a body total f of
dollars 1in cost in from al member transaction, of the not
dollars annually for
such purchases is approved annually.
D. Notwithstanding subsections A and B of this section and as provided
4 in 4 4 15.421 and 15-1441, the governing board of a school district or
! a community college district may not employ a person who is a membc,r
of the governing board or who is the spouse of a member of the governing
board.
S 38.504, Prohlbitad acts
A. No public officer or employee may represent another person for
rompensation before a public agency by which he is or was employed
within the preceding twelve months concerning sny matter with which
such officer or employee was directly concerned and In which he personally
participated during his employment or service by a substantial and material
exercise of administrative discretion.
i B. During the period of his employment or service and for two years
` thereafter, no public officer or employee may disclose or use fre his personal f
profit, without appropriate authorization, any information acquired by him
in the course of his officiet duties which has been clearly designated to
I him asconfidential when such confidential designation iswananted because
of the status of the proceedings of the circumstances under which the
information was received and preserving its confidentiality is necessary to
the proper conduct of government business. No public officer or employee
shall disclose or use, without appropriate authorization, any information
acquired by him in the course of his official duties which is declared
confidential by law.
C. No public officer or employee may use or attempt to use his official
position to secure any valuable thing or valuable benefit for himself
duties
would riot ordinarily accrue to him In the performance of his official ,
which thing lus of such with respect to his duties manifest a substantial
and improper influence upon him w
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§ 38.505, Additional Income prohlbked for services
A. No public officer or employee may receive or agree to receive directly
or indirectly compensation other than as provided by law for any service
rendered or to be rendered by him personally in any case, proceeding,
application, or other matter which is pending before the public agency
of which he is a public officer or employee.
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8. This section shall not be construed to prohibit the performance of
ministerial functions including, but not limited to, the filing, or amendment
of tax returns, applications for permits and licenses, incorporation papers,
and other documents.
§ 38.506, Remedies
A. In addition to any other remedies provided by law, any contract
entered into a public agency in violation of this article, is voidable at the
instance of the public agency.
B, Any person affected by a decision of a public agency may commence
a civil suit in the superior court for the purpose of enforcing the civil provisions
of this article, The court may order such equitable relief as it deems
appropriate in the circumstances including the remedies provided in this
section, is
C. The court may in Its discretion order payment of costs, Including
reasonable attorney's fees, to the prevailing party in an action brought
under subsection 8, c
§ 38-507, Opinions of the attorney general, county attorneys and
city or town attorneys
Requests for opinions from either the attorney general, a county attorney
or a city or town attorney conceming violations of this article shall be
confidential, but the final opinions shall be a matter of public record. The
county attorneys shall file opinions with the county recorder and city or
town attorneys shall file opinions with the city or town clerk. Duplicate
copies of the opinions shall be sent to the ethics board established pursuant
to title 38, chapter 3.1, article 2.
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§ 38.508, Authority of public officers and employees to act
A. if the provisions of § 38.503 prevent an appointed public officer i
j or a public employee from acting as required by law in his official capacity,
such public officer or employee shall notify his superior authority of the
conflicting interest The superior authority may empower another to act
or such authority may act in the capacity of the public officer or employee
on the conflicting matter.
B. If the provisions of § 38.503 prevent a public agency from acting
as required by law in its ifficial capacity, such action shall not be prevented j
if members of the agency who have apparent conflicts make known their
substantial interests in the official records of their puh!ic agency, j:
§ 38.504, Filing of disclosures
Every political subdivision and public agency subject to this article shall i
maintain for public inspection in a special file all documents necessary to '
memorialize all disclosures of substantial interest made known pursuant
to this article.
I § 38-510, Penalties
A. A person who:
I 1. Intentionally or knowingly violates any provisions of § § 38.503
through 38.505 is guilty of a class 6 felony. j
2. Recklessly or negligently violates any provision of 38-503 through
38.505 is guilty of a class 1 misdemeanor. r
B. A person found guilty of an offense described in subsection A of k
this section shall forfeit his public office or employment if any,
C. It is no defense to a prosecution for a violation of § § 38.503 through
38.505 that the public officer or employee to whom a benefit is offered,
conferred or agreed to be conferred was not qualified or authorized to
act in the desired way.
D. It Is a defense to a prosecution for a violation of § § 38-505 through
38.508 that the interest charged to be substantial was a remote interest,
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` g 38.511, Cancellation of political subdivision and state contracts;
definition
A. The state, its political subdivisions or any department or agency of
either may, within three years after its execution, cancel any contract,
without penalty or further obligation, made by the state, its political
subdivisions, or any of the departments or agencies of either if any person
significantly involved in initiating, negotiating, securing, drafting or creating
the contract on behalf of the state, its political subdivisions or any of the
departments or agencies of either is, at any time while the contract or
! any extension of the contract is in effect, an employee or agent of any
other party to the contract in any capacity or a consultant to any other
party of the contract with respect to the subject matter of the contract,
B. Leases of state trust land for terms longer than ten years cancelled
under this section shall respect those rights given to mortgagees of the
lessee by g 37.289 and other lawful provisions of the lease.
C. The cancellation under this section by the state or its political
subdivisions shall be effective when written notice from the governor or
the chief executive officer or governing body of the peAtkal subdivision
Is received by all other parties to the contract unless the notice specifies {
a later time.
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D. The cancellation under this section by any department or agency
of the state or its political subdivisions shall be effective when written
notice from such party is received by all other parVes to the contract unless `
the notice specifies a later time. 1
E• In addition to the right to cancel a contract as provided in subsection
A of this section, the state, its political subdivisions or any department
J or agency of either may recoup any fee or commission paid or due to
any person significantly Involved in initiating, negotiating, securing, drafting
or creating the contract on' behalf of the state, its political subdivisions
or any department or agency of either from any other party to the contract
arising as the result of the contract.
F. Notice of this section shall be included in every contract to which
the state, its political subdivisions, or any of the departments or agencies
of either Is a party,
G. For purposes o4 this section, "political subdivisions" do not include
entities formed or operating under title 48, chapter 11, 12, 17, 18, 19
or 22,
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C: ARIZONA STATUTE RE@.
AP EMPLOYMENT OF RELATIVES
§ 38.461. Employment of relatives; violation; classification;
definition
A, it is unlawful, unless otherwise expressly provided by law, for an
islative, ministerial or judicial officer to appoint or vote for
executive, leg
appointment of any person related to him by affinitye consanguinity
t duty
the third degree to any clerkship, office, position, mploy Y in
i any department of the state, district, county, city or municipal government
of whkh such executive, legislative, ministerial or judiclal officer is a member,
when the salary, wages or compensation of such appointee is to be paid
from public funds or fees of such office, or to appoint vote foor or agree
to appoint, or to work for, suggest, arrange or be a part y related
of any person in consideration of the appointment of a person
to him within the degree provided by this section.
8. Any executive, legislative, ministerial or judicial officer who violates
j any provision of this section is guilt, of a class 2 misdemeanor,
C. The design-it'ion executive, legislative, ministerial or judicial officer
Includes all officials of the state, or of any county or Incorporated and the ,
within the state, drlenof state, either l~ncorporated cities, officers
heads of the departments y
and boards or managers of the universities.
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APPENDIX D: KEY CITY LAWS
Political Activity:
Chapter 25, Section 11 of the Phoenix City Charter, which provides;
"1. No officer or employee of the City shall directly or indirectly solicit
or receive or be in any manner concerned in soliciting or receiving
j any'assessment, subscription or contribution on behalf of any candlaite
for City of Phoenix elective office from any person holding a position
with the City,
2. No person holding a position with the City, except elected officials,
shall take any part in political management, affairs or campaigns in
any election for City of Phoenix elective office further than to vote
and privately express opinions,"
Employment Relationship of family Members
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City of Phoenix Administrative Regulation 2.91 provides;
Definftlon
For purposes of this policy, "relative" means the spouse, child, child's
child, parent, grandparent, brother or sister of the whole or half-blood
and their spouses, and the parent, brother, sister, or child of a spouse,
A court-appointed legal guardian or an individual who has acted as
a parent substitute is also included within this definition,
Policies ?
(a) Appointment of Relatives to City Employment
No officer or employee of the City of Phoenix shall appoint any
relative, as defined above, to any position within the City, Officers
and employees within the City authorized to make appointment
shall disqualify themselves from considering or making
appolntments, or from participating In the appointment process.
Written notice of such disqualification shall be forwarded to the
City Manager. Consideration and appointment of candidates shah
be in accordance with the directions of the City Manager.
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j (bl Immediate Supervisory Relationships
No officer or employee shall be permitted to directly supervise
a relative as defined above. Department heads are responsible
for enforcing this policy. Every attempt should be made to reassign
or transfer employees who may find themselves by reason of
marriage, promotion, or reorganization, in an immediate i
supervisory relationship with a relative. As a last resort, the layoff
rule shall be utilized.
By way of example, direct or immediate supervision includes, but
is not limited to, any participation in the hiring decision,
promotional decision, work assignment decision, shift assignment
decision disciplinary decision, or the evaluation process of another
employee. Irrespective of the immediate supervisory relationship,
l no officer or employee shall participate in any manner in a decision ?
involving the pecuniary interest of a relative as defined above,
including hiring, promotionis), discipline, and merit Increasels), in
addition, no officer or employee shall in any way attempt to
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influence others in the decision regarding the pecuniary or
employment (assignments, shifts, discipline, etc.) Interests of a
relative.
(c) Disclosure of Wationshlp
An officer or employee, in addition to disqualifying himself/herself
from participation in any decision regarding the pecuniary or
employment interest of a relative, shall make known the existence
of the relationship and the interest by filing, in writing, with the
City Clerk a paper disclosing the relationship and the Interest
involved.
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F CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 588.8307
0lflce of the City Manager
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PUBLIC HEARING INFORMATION
j
DATE: Docember 10, 1991 }
E
Jennifer Walters, City Secretary, informed us that the use of
speaker cards for public hearings is a practice in several other
governmental entities. The system of using speaker cards for s'
public hearings allows the City Secretary to obtain accurate name j
and address information for the official record. To investigate
how this sytem works, a survey was conducted. Staff would welcome
City Council comments and reactions to such a system.
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The format that other metroplex cities and governmental entities
in Denton County follow for public hearings varies. However, most
cities have each speaker fill out a card prior to or during the
meeting and the Mayor calls upon citizens during the public hearing
{ in the order the cards are received. Dallas requires cards one
I! week prior to the City Council meeting, Other cities allow
speakers to submit cards at any time during the public hearing.
j If a person fails to fill out a card, most entities still allow 4
the person to speak. The cities of Lewisville and Arlington also
allow a person to register their support or opposition to an item
without speaking by filling out the appropriate section of the '
card,
The following gives a summary of the format that each entity
generally uses. Attached are Samples of the forms that other
organizations use.
Arlington
Cards are available before and during the City Council meeting and
are distributed by the Public Information Officer, For zoning
requests, the requustor is given ten minutes at, the beginning and
five minutes of rebuttal at the end. Others in favor or opposition
receive five minutes to speak, However, if over ten people are
signed up to speak, comments are limited to three minutes each,
Citizens may also fill out the cards and record their viewpoint to
the Council without speaking.
Carrollton
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Carrollton uses no form to sign up speakers for public hearings or
other citizen comments. Speakers may be limited to five minutes
during the public hearing sections due to time constraints.
Dallas
Dallas uses a public meeting appearance card for citizen speakers.
r These must be returned to the City Secretary's office one week
prior to the meeting in order for the citizen to be allowed to
speak. Citizens are listed in the order requests are received.
Denton County
The County uses cards for any citizen who would like to speak. j
Speakers during a public hearing are called upon by the names on
the cards submitted. All speakers are limited to three minutes of
comments.
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Denton Independent School District
Speaker cards are used for any citizen wanting to speak during a 1
public hearing. Speakers may requested to limit their comments to
five minutes during public hearings but time limits are not
strictly enforced.
Fort orth
Any citizen who wishes to speak on a public hearing fills out a
card before speaking. Cards are accepted during the entire
meeting. Citizens are called upon in the order in which cards are
received during the public hearing.
Grapevine
Grapevines requests speaker forms be filled out by any pe-son
wanting to address the City Council. There are no time limits on
speakers.
Lewisville
Lewisville uses a form for citizens to fill out if they would like
to speak on a public hearing. Cards are available before and
during the meeting and are returned to the City Secretary.
Citizens may also fill out the cards and record their viewpoint to
the Council without speaking. Proponents in public hearings are
allowed ten minutes at the beginning and five minutes for rebuttal.
Those in opposition are allowed ten minutes to speak. Speakers are
called upon in the order they are received.
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M 1 would be pleased to provide additional information.
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RESPECTFULLY SUBMITTED,
i
t Lloyd V. Harrell
I City Manager
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QTY or _ Ar
WT - I , ux,
CITY of L"XSVXX"
CITY COUNCIL 1=TIN6
SPEAKER'S REQUEST
WSLCoKs to the LOWieville City Council meetingl The City Council is leased
to have you at their meeting and if you desire to address the LaWiMVille City
Council, please follow the format listed baiowi
1. Any person desiring to address the council is requested to complete the
registration card shown on the opposite side of this card.
2. Please read the opposite aide of this card and provide the enquired
information in order that the Mayor may recognize you promptly at the
appropriate time on the agenda.
3. When addressing the Council, please step forward to the speaker podium,
state your name and address for the city's official record, and direct
your comments to the presiding officer of the City Council.
4e This card may also be completed by those who wish to ex robe their
support or opkceltion on an agenda item, but do not wish to speak.
This card should be ratirned to the City Secretary prior to the beginning of
the Council meeting.
REQUEST TO APPEAR BEFORE THE CITY COUNCIL ~j
PLEASE P11IN'{
"Ala DATE
ADDRESS T8X.16PHONE NO. _ ~
CITY str CODE
Agenda Item Mo.i _ Deeariptiont
As 1 do wish to speak on this item. I will speak int
support _ opposition
Be I do not wish to speak on this item, but p),eiabs record myt
w support opposition
Please indicate if you are a group or organization spokospersont
ame o group or Organization
ps _ _
eIwNYNwwwwWWM1. w~~~wwwWU'NWWWWMw~w~.N wM.VwrwwYwlWN ~r wwMww wuntiN i.----w W W wwwwMw-MA,
I wish to speak during the citizens/visitors Agenda Item on on issue not on the agenda.
Please write the topic bolowt
Nom.. wYw Nr~Ww w.W`.1.w,WWwN~wWrMW►M.Y rMwwMM1M Mf Yr N--- w iw------ -----------wNYlN wwwwww w.l
Time Limit for speakers at Public bearing Las 10 minutes for proponents 5 minutes for
rebuttals 10 minutes for opposition All other Speakersr S minutes
s~
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CITY OF FORT WORTH, TEXAS
COUNCIL MEETING
M
'I E L C 0 M E
It you wish to address the City Council, please follow the suggestions
listed below;
1. Please read the opposite side of this card and proyide the
required Information in order that the Mayor may recognize
you promptly at the appropriate time on the agenda
f 2. Please state your full nafne and address when you begirt
your remarks in order that the official minutes will record
your appearance before the City Council
Thank you for your cooperation
e i
APPEARANCE BEFORE CITY COUNCIL,
is the mitts you with to dlauee on the egnds? 0 Yee 0 No f7ale► f'
If NOT ON AOINDA) pitast dlseuss the matter about which you wish to app+or with
the City Manager's Office, so that necessary facts can be gathortd, and to that the
matter can be pfactd on the Agenda for a subsoqutnt Council Matting,
C" Council Ruise of NoWurs rsqulrs thsl the consent of a rngotity of the Council
Is nsaMery for :ny matter to bs dietuead whloh daq not sppesr on the Bends.
NAIAE or 9pEARE✓t-- - • - .
ADOAE89.-- NUMBER Or MINUIE!
REQUIRED Pit YOUR 019CUS91flN
rEtcrNOltft aa....,.._.........~ -
FOR.._..._. AbAINSY,_..r._,r„M A C NO.
k* t eta ssdoiwMilepie'eemith yov hoMwish to loth on the time euElrctt 0 Yee L7 No
i
Council Card
Date
Name
AJJress Telephone
Namc of group you rcprcunl, if any
it liar r rm in Q n 1 Car : Yourrilychoo-s to register your pogifim as a non-speaker or a speaker. Refer to (be Public
Ilearing Scction of your agenda to see if yow topic is listed at a Public Hearing, All othcr topics will be considered under the
htisccllancous Sc.:tion at the end of The agenda, Pill out the appropriate wdkm of this card and give it to the card taker, Speakers
will be called at the appropriate time during the Council Session,
Public Ilearings Section Miscellaneous Section
Topic or Case No. Topic
I
N9.2.S1?~aker .~on•S>xaimr ~kS1
Support Support Support Support
Opposition opposition Opposition
opposition
Note: Speakers are asked to observe a 5 minute time Limit, which may be reduced depending upon the number of speakers.
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CITY of DENTON, TEXAS MUNICIPAL BUILDING/ DEN TON, TEXAS 76201 / TELEPHONE (817) 566.8007
office of the Cfty Manager
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
i DATEt December 10, 1991
j
t SUB.7ECTt Student Involvement in Un'.vcrsity Cities
i~
The following is a summary of the Information obtained from
surveying eleven university communities. Only College Station of
the cities contacted has a student ex officio position on the City
Council. San Marcos has a Mayor's Commission on Youth on which
there are atudent members.
Beaumont
Beaumont has no ex officio student member. Two council members are
elected at large and four are elected by wards. The university is
located within one ward. No students have run for office. Tho
student government usually sends a representative to City Council
I members to observe meetings and report back on events and
proceedings of the City Council. There is no formal liaison
program.
g, gwnsv111e
I
Brownsville City Council members are elected at large, No students
have run for the Council and there is no ex officio or formal
interaction with students,
Bryan
Bryan has no ex officio student member and City Council members are
elected at large. No students have run for office.
College station
College Station has an ex officio student member of the f:ity
Council. The university student representative attends all council
meetings and sits on the dais with the council members. This
person is appointed from the university. There is no formal
authority or documentation for this arrangement, Attached are a
description of duties and responsibilities of the student
representative and a news clipping about the program.
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Memorandum to Mayor and City Council
Student Involement in University Cities
Approximately, seven years ago the university students initiated
this request to have a voice in the local government. The student
representative does not vote but may discuss any agenda item as the
other council members do. The City Secretary indicated that this
arrangement is very positive for both the city and the students.
One student ran for office years ago, but did not get elected,
Huntsville
M
Huntsville has no ex officio student member. A student did run for
Mayor and City Council, but lost both times.
Lubbock
Lubbock has no ex officio student member. The campus is split into '
two single member districts. No students have been elected in
recent years.
Nacodoches j
Nacodoches has no ex officio student member. The campus is within
one ward. Two students ran in 1975, both lost the election.
Port Arthuri
Port Arthur has no ex officio student member. The campus is
located within one single member district. No students have run
for office.
Prairie Vlew
i
Prairie View City Council members are elected at large. No
students have run for the Council and there is no ex officio or
formal interaction with students.
San Angelo
San Angelo has no ex officio student member. The campus is all
located within one single member district. One student ran, but
was unsuccessful.
an Marcos_
San Marcos City Council members are elected at large. No students
have run in the last five years, but there was a student elected
in 1970. There is no officio student representative.
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Memorandum to Mayor and City Council
I Student Involement in University Cities
The newly created Mayor's Commission on Youth involves students as
commissioners, This group's mission is to address youth topics
including alcohol/drug abuse, a possible city curfew, gang-related
concerns, and developing programs and projects for youth, All
recommendations of the commission will be forwarded to the City
Council for consideration.
Please let me know if I can provide other information, or if you
desire additional staff work on this matter,
RESPECTFULLY SUBMITTED,
Lloyd V, Harrell
City Manager
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S UDENT LOV G25RECT
E NMENT
T E X S A& i U N I V E R S I T Y cirr MCITY OP
ANAQ& =.DE
The following is a description of the duties and
responsibilities of the College Station City Council
Liaison.
f'
j The primary responsibility of this student is to serve
I as a liaison between student government and the city council.
This student will attend all city council meetings and city
workshops. He or she will report to student government about
any issue discussed at the council meetings which relates to
the student body. Reports will be given to the following
student government officers: the student body president, the
I executive vice-president, the speaker of the senate, the
external affairs committee chair, and the student Services
committee chair. This liaison should also report any.
information dicussed at city hall that is relevant to a
particular student government committee to its chair. The
liaison should attend all external affairs committee meetings
because this is the group that is most likely to have the
most interaction with the city. This student should try to
create an overall awareness of what ij going on at city hall
by speaking to the student senate and submitting articles to "
the student government newsletter. This person should be
prepared to take the questions and concerns of members of
student government to the city council or the appropriate
city department. If the city and student government work on
a project together the liaison should keep both sides aware
of what the other is doing. This individual should inform
the leaders of other campus organizations about what is going
on at city hall relevant to their group. If these leaders
have a question or problem with the city, the liaison should
serve them in the same capacity that lie or she serves student
government. Finally, the liaison should try to create a
greater awareness of what goes on at city hall among the
student body as a whole. This might include developing
stories with the school newspaper, and remaining in contact
with the student reporters who cover city hall and student
government. The liaison should,try to help students with
their questions and prublems relating to city hall as well.
If there is an issue of vital importance that affects student
organizations or the student body, the liaison should work
with the public information office of student government to
rapidly disseminate the information.
221 PAVILION, COLLEGE STATION, TEXAS 778431238 (409) 845.3051
t
Student holds city council seat
ABM representative voices opinions, concerns at meetings
Jacobs and supported by Student Body presi• and students' concems need to be voiced,
B'v John Lose dent Stephen Ruth• Lauletta formally took can work with the student government,
19 le 801016n over tf;e position this fall, and maybe the public Information office, and
"l didn't expect to be given an actual seat bring some of these Issues to the students, so
Texas A&M students have a voice in gov- up there with all of the council members," he that their needs are properly reflected In city
erring College Station; though, the majority said. "So when I went in there for the first government," he said•
of students probably don't know it. time, it was pretty overwhelming" Lauletta explains that the road runs both
John Lauletta, a political science major, Lauletta said although some degree of red ways. If the council needs to address the Unt-
holds a seat on the College Station City Coun- tape and Intimidation occur when a student versityy about student activities, then the stu-
cil and represents more than 40,000 students deals with the city government, he still can dent Ilalson Is able to direct these Issues to the
enrolled at A&M. help circumvent a lot of the problems students right peopleor departments.
"1 sit u~ there with all of the other council may encounteri "Then, hopefullyy the problem can be ad-
members, Lauletta says, ".Even though 1 am "I am makng a concerted effort to let the dressed Ina more diplomatic manner without
not a voting member, I have my own micro- students know that I am there," Lauletta said, ruffling a lot of feathers," he said.
phone and nameplate and everything." " because I'm in a position where I can really
The position of student government Ilaison' help students with anything concerning the Lauletta said he has received a lot of 0031-
to the City of College Station has existed for a city. tive response from the other members of the
few years, "Someone may have to wait until the may- City Council and the staff.
The only problem is that it is an appointed or declares a public hearing on something be- "It's a very well-run organization, especial-
position, and no student vote is needed to de- fore they get an o porhWty to speak." he said. ly for a tower this size," he said, "Everyone has
cide It," he said, "So not a lot of people, even "What I can do £sfust raise my hand while they gone out of their way to help me out and learn j
In student government, know that the office are discussing it and say something, It's a the ropes.
exists," much easier way to get something done." 'It's a great way to see how local govern-
Lauletta applied for the position last Big Issues that concern ¢tudents are going merit works, and hopefully I'll do a little good
spring, and was selected by his predecessor Ty through city council this year, Lauletta said, at the same time." {
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MUNICIPAL SERVICES/
ECONOMIC DEVELOPMENT
Report for
CITY COUNCIL
PLANNING SEMINAR UPDATE
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December 10, 1991
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ECONOMIC DEVELOPMENT
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m LIBRARY SERVICES
ANIMAL CONTROL/
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ENVIRONM_ENTAL_ HEALTH
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j1 PERSONNEL EMPLOYEE RELATIONS
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PARKS AND EcREATION
AVERY' 111(lu\illl, SYst(l" '
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ECONOMIC DEVELOPMENT
SIX MONTHS GOALS
• PROSPECTS - Continue to work closely with the
.-a Chamber and developers to provide site
specific information to industrial prospects
• FACT BOOK - Complete 1992 update of Fact Book
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' industries and coordination of quarterly Mayor/
Council Breakfasts
• TOWN/GOWN CONSORTIUM - Host one seminar and
coordinate quarterly meetings
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M • OUTLET CENTER - Continue to work closely with
MRO, Inc. In providing information on Denton
and the 100 mile radius for marketing purposes.
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• TOP TEN INDUSTRIAL SITES - Develop individual a
profiles on top ten industrial sites
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LIBRARY SERVICES
SIX MONTHS GOALS
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• AUTOMATION NEEDS ASSESSMENT - Complete the
automation needs/cost assessment for the Library.
''l • SOUTH BRANCH - Proceed with Library South
Branch construction design and planning.
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ANIMAL CONTROL AND
ENVIRONMENTAL HEALTH
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• DEVELOP COMPREHENSIVE FOOD ORDINANCE
• INSTITUTE EARLY MORNING PATROL OF
KNOWN "ANIMALS-AT-LARGE" COMPLAINT'
AREAS
• PRODUCE AN INFORMATIVE HAND-OUT ON
ZOONOSIS (Diseases transmitted by A
animals to humans)
• PRODUCE INFORMATIVE STORY/COLORING
BOOK FOR CHILDREN AND PARENTS ON
-G ANIMAL CONTROL ORDINANCES
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12/10/91 - SIX MONTHS GOALS
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CITY of DENTON / 215 E. McKinney I Denton, Texas 76201
Im, M E M O R A N D U M -
TO: Betty McKean, Executive Director
Municipal Services/Economic Development
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FROM: Nonce Halo-Kull, Managee
Environmental Health Services
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E J1A'rF: December 10, 1991
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:JUBJ: Development of a Food and Food Establishment Ordinance
When the City took over Environmental Health responsibillties I
:From Denton County we adopted their policies and procedures
I In an effort to maintain continuity in the program. Our
ourrent food establishment ordinance needs to be rewritten so
that we will come on line with the practices prescribed by
the state, which are basically the procedures we are now
l sing, #
Vie Environmental Health Services Department has undertaken
tho development of a new Food and Food Establishment
" rIlrdinance for the sanitary control of food prepared and
E jervod in public eating establishments,
j
{ While sound regulations are essential for an effective food
protection program, more important is the day-to-day ;
oompiiance with such regulations by food establishment
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pperators, In the development of the technical provisions of
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the ordinance, every effort has been made to set forth public
health safeguards that are practicable,
PURPOSE
1'he broad objective of this ordinance is the protection of
the health of the consumer. More specifically, however, thin
ordinance is designed to accomplish the following:
1. Protect the food against contamination--sanitation
standards have been developed to reduce to a minimum -
the opportunity for microorganisms to gain entrance
and multiply in food, Those organisms that may cause
rommunicalbe disease and foodborne illmess merit
primary consideration,
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Food Ordinance
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2. Ensure the soundness of food--basioally, a food is
sound when it is undamaged, clean, free from
adulteration and contamination, and otherwise suitable
for human consumption.
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3. Meet consumer expectations--people expect to be
served safe, appetizing food that has been prepared
and handled in a sanitary manner in a clean
environment, '
SCOPE
t This ordinance will allow us to cover all eating and drinking
establishments where food or beverages are served or provided {
to the public, as well as those kitchens, commissaries, and
similar food preparation establishments that are used for the }
final preparation of food for service to the nsumer
elsewhere.
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PERSONNEL /EMPLOYEE RELATIONS
SIX MONTHS GOALS
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• NEW SALARY & PERFORMANCE MANAGEMENT
PROGRAM
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- Complete implemantation and transition
of new plan.
- Budgeting/funding for Phase II
• COMPREHENSIVE UPDATE ON WORKFORCE
_i DIVERSITY ISSUES
• NEW HEALTH INSURANCE PROGRAM -
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Implementation and transition to new program }
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• AMERICANS WITH DISABILITIES ACT -
Implementation and compliance with ADA.
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CURRENT SYSTEM
SERVICE/MAINTENANCE JOB FAMILY
Time frame for receiving performance reviews for pay increase consideration,
EMPLOYMENT - STEP A: Starting step.
PERFORMANCE REVIEW -STEP B: the eA step, the departments in
director
may grant this increase --only if
satisfactory achievement
demonstrated.
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PERFORMANCE REVIEW - STEP C: After three (3) months of continuous
service from the last performance
increase. This step may be granted by
l the department director only if
y satisfactory achievement
demonstrated.
After six (6) months from the last
.I PERFOAMANCE REVIEW -STEP 0 OR E: merit increase the department director
may approve zero, one or two steps,
based on performance.
{ PERFORMANCE REVIEW - STEP F
AND , G, A performance evaluation will be
conducted with the employee every 12
months from his last increase date.
I The department director may approve
zero, one or two steps based on
performance, not to exceed the maximum
of the pay range,
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j *If not received on last increase.
II
Advancement from on* step to another Is not automatic. Increases depend upon
_.1 Employees hired in above the Step A range may not be eli able for review at
the times anted thoveec~endationeof the deppon directoraandapproval of
starting range, the r
the Director of Personnel/Employee Relations,
Personnel/Employee Relations ,
3395P/p3
100689:1000
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LURRENT SYSTEM
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SEWICE/IYIIMTEMAMCE PAY PLAN - FY 90/91
.
EFfECTIYE MAY 1. 1991
J06 FAMILY - A
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J08 IAM9IER/TITLE A STEP B STEP C SEEP D STEP E STEP F STEP 0 STEP H STEP I STEP J STEP
1010 Custodian 13,226.80 13,561.60 13,894.40 14,221.20 14,580.80 14,934,40 15,246,40 15,620.80 16,016.00 16,390.40
M20 Landfill laborer 1,102.40 1,130.13 1,15146 1,165.60 1,215,06 1,244.53 1,270,53 1,301.13 1,334.66 1,365.86
506.00 521.60 534.40 547.20 560.80 $74.40 586.40 600.80 616.00 630.40
6.36 6.52 6.68 6.64 7101 7.18 7,33 7.51 7,70 7.88
S-2
ASIO Groundskeeper/Laborer Parks 13,915.20 14,248.00 14,601.60 14,955.20 15,261.20 15,641.60 160036.80 16,411.20 16,606.40 17,222,40
VM Laborer Sanitation 14159.60 1,187.33 1,216.80 1,246.26 1,272.26 1,303.46 1,336.40 1,367.60 1,400.53 1,435.20
164 Meter Repair Meiper 535.20 548.00 561.60 575.20 $87.20 601,60 616.80 631.20 646.40 662.40
6.69 6.85 1.02 7.19 7.34 7.52 7.11 7.89 8.08 11.28
S-3
NIO Maintenance Mechanic 14,601.60 14,955.20 150261.20 15,641.60 16,036.80 16,411.20 16,806.40 17,222,40 17,638.40 18,075.20
&<20 Maintenance Worker 1,216.80 1,246.26 11272.26 10303.46 1,336.40 1,361.60 1,400.53 1,435.20 11469.86 1,506.26
C30 Meter Reader 561.60 575,20 587.20 601.60 616.80 631,20 646.40 662.40 678,40 695.20
C1SO Bldg./0rounds Maint. Worker 7.02 7.19 1.34 7.52 7.71 7.89 8.08 8.28 8.48 8.69
KM Warehouse/Partsroo* Attendant,
1C 0 Animal Cara Attendant
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WIG Maintenance Worker Traffic 15,308.60 15,683.20 16,057.68 160452.90 16,621.20 17,264.00 11,680.00 18,116,90 180514.40 18,990.40
AM Parking Enforcement Officer 10215.13 1,306.93 10338.13 1,371.06 1,402.26 1,438.66 1,473.33 1,509.73 1,547,86 1,582.53
50.80 603.20 617.60 632.90 641,20 664.00 680,00 6%,80 714.40 730.40
7.36 7,54 7.72 7.91 8,09 8.30 8.50 8.71 8,93 9.13
Personnel/EpIftW 1lelation 0eparWat {
' 04/ 0/91 Page I of 2 I
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1 <aR w,a.-. a.. ...n :alF....h.1.4. 1YY x.. m._.. c :e?.v+... ..t,.r ..4 dLem. K.,..rv.vnA+?t,dW.SZ 'A ,N I!.r,'es\YHd-su ..a
"~~)`~,~dr~!'A'f,«likc~#b'~"%i'uef,.~.satv.is:a~...,.r.d». ,n.. [r,a~ ,
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EFFECTIVE 10-1-92
PERFORMANCE RATING INCENTIVES
PLACEMENT IN SALARY RANGE QUARTILES
I
(Non-exempt)
Percentage Increase Guidelines+
Quartiles s
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Performance I 4 IhI
Ratings # 0-1 # 0-2 0-3 # 0-4++ f
Consistently { .
Exceeds 12%
Meets
Requirements 10% 9% 8% 7% ;
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Needs
i Improvement 0% 0% 0% 0% j
+ Sample Performance Increase Guideline Chart dollars funded and i
i percentages are a budgetary item subject to City Council approval of
annual budget,
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++PRI (based on Performance Rating); one-time, lump-sum award, not
j ~
"rolled" into base hourly rate
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~.T.___
CITY of DENTCN~ TSXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201
i
M E M O R A N D U M
Tp; Mayor and Members of the City Council
FROM: ADA Task Force
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DATE: December 10, 1991
SUBJECT: AMERICANS WITH DISABILITIES ACT (ADA)
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Summary. The Americans With Disabilities Act (ADA) was signed into i•
law on July 26, 1990 by President George Bush. Final regulations
were issued by the Equal Employment Opportunity Commission, the
Department of Justice and other federal agencies on July 26, 1991.
The ADA requirements become effective for state and local 1
government operations on January 26, 1992. There are five (5)
titles of the Act:
Title I - Employment - prohibits discrimination in employment
against a qualified individual with a disability in the terms and
conditions of employment,
Title II - Public Services - prohibits discrimination by a public
entity in providing public services to an individual with a
disability. k
transportation be i made title to requires with disabilities.
Title III - Public Accommodations and Services Operated By Private
Entities - prohibits private entities from discriminating against
a qualified individual in providing public accommodations and
services. The title also requires that new commercial facilities
and public accommodations are designed and const:,tcted so that they
are readily accessible to individuals with disLj l ties unless it
is structurally impracticable to do so,
must be removed in existing public accommodations, where removal is
readily achievable.
Title IV - Telecommunications - requires that common carriers of
interstate r accommodations for individuals with hearing ando speech impairments
8171566.8200 D/PW METRO 434.2519
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Memo to mayor and Members of the city council
December 10, 1991
Page 2
Title V - Miscellaneous provisions - contains various additional
. provisions of the ADA. The provisions include a prohibition from
retaliation against or coercing an Individual who seeks to enforce
another's or their awn rights under the ADA. Title V also amends
sections of the Rehabilitation Act of 1973 to exclude current users
of alcohol and drug abuse from its coverage.
Titles I and II of the Act will have the most impact on the City,
especially in the area of employment and the accessibility of all
government facilities, services, and communications for people with
disabilities. The purpose of this informal report is to provide
the city council with background information about ADA, its
requirements, and suggested steps for implementation. Below !.s a
summary of Titles I and 11 and is not intended to be all-inclusive,
Title I - EMPLOYMENT prohibits discrimination against qualified
individuals with disabilities in job application proeeuures,
hiring, firing, advancement, compensation, job training, and other
terms, conditions and privileges of employment, An individual with
a disability is a person who:
_I
has a physical or mental impairment that substantially limits
one or more major life activities;
--has a record of such an impairment; or
--is regarded as having such an impairment.
A qualified employee or applicant with a disability is an
individual who, with or without reasonable accommodation, can
perform the essential functions of the job in question. Reamonable
accommodation may include, but is not limited to:
- making existing facilities used by employees readily
accessible to and usable by persons with disabilities;
- job restructuring, modifying work schedules, reassignment to
a vacant position;
- acquiring or modifying equipment or devices, adjusting or
modifying examinations, training materials, or policies, and
providing qualified readers or interpreters.
An employer is required to make an accommodation to the known
disability of a qualified applicant or employee if it would not
impose an "undue hardship" on the operation of the employer's
business. Undue hardship is defined as an action requiring
significant difficulty or expense when considered in light of
factors such as an employer's size, financial resources and the
nature and structure of its operation.
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Memo to Mayor and Members of the City Council
December 10, 1991
Page 3
An employer is not required to lower quality or production
sdpersonale useaitemo such as glasses or hearingoaids. to
provide
Major Requirements for Compliance with Title I are:
Under the ADA, an employer's
1. Rewrite City Job Descriptions.
written job descriptions are considered evidence of the
essential functions of a job, if the job description existed
j before the job was advertised or the applicant/employee was
interviewed for the job, considered for pt is important that
job-related functions action was taken.
the essential job-related functions should be contained in the
job description. Reasonable accommodations also must be
provided for "essential job-related functions."
Status; Completed.
2. Review Pre- and Post- Employment Medical Examinations.
Traditional pre-employment medical examinations are prohibited
under the ADA. Examinations can only be administered after an
offer of employment is made, all employees take the
examination, and the exams must be restructured to comply with
ADA.
Status: Completed. Currently studying types of exams which
can best match a prospective employee with a job
that he or she can physically and mentally
accomplish with or without accommodations.
. All
and other City
3. Review and sanitize applications
physical F orms mental
inquiries related to an app
condition prior to a job offer must be deleted. i
Status: Completed.
! 4. Train Supervisors On ADA. Because of the complexity of the
supervisors
ADA, supervisors will require special training.
who conduct employment interviews will require training in
"disability etiquette" in order to properly interview
applicants with disabilities so that all feel comfortable. Because it inquiries into an
~
to make pre-employment
is illegal
I` applicant's disability, it is essential that supervisors/
interviewers be trained not to ask prohibited questions.
Qual7fied applicants with disabilities should have input
regarding possible accommodations on their behalf.
status: In Progress.
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Memo to Mayor and Members of the City Council
December 10, 1991
Page 4
5. Review Worker's Compensation Policies. Current employees
returning to work from disability leave may require a
reasonable accommodation. Special issues arise where the
return to work involves worker's compensation; it is highly
probable for, injured workers to become "disabled" employees
covered by the ADA. '
,
status: Completed.
6. Post Notices of Rights. The City must post appropriate legal
notices on the effective date of the ADA, January 26, 1992
describing the applicable provisions of the ADA.
Status: Will be completed as required.
Title II - PUBLIC SERVICES extends the provisions of the ADA to
state and local governments and their agencies. Title II prohibits
the exclusion of individuals with disabilities from the benefits of
the services, programs or activities of a public entity, including
those services, programs, or activities provided by a contractor.
It also prohibits discrimination against an individual with a
disability by any public entity.
i
Accessibility to programs, services or activities includes not only
i the ability of the mobility-impaired to access programs, but people
with other disabilities, e.g. hearing and speech impaired, the
blind, etc. For example, the requirement to communicate in equally
effective manner may involve a variety of auxiliary aids and
services including
1. qualified interpreters, note takers, transcription services,
written materials, telephone handset amplifiers, assistive
listening devices, assistive listening systems, telephones
compatible with hearing aids, closed caption decoders,
telecommunications devices for deaf persons, or other
effective methods of making aurally delivered materials
available to individuals with hearing impairments;
2. Qualified readers, taped texts, audio recordings, brai.,.led
materials, large print materials, or other effective methods
of making visually delivered materials available to
individuals;
3, acquisition or modification of equipment or devices;
4. other similar services and actions.
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Memo to Mayor and Members of the City Council
December 10, 1991
Page 5
Upon request, the city is required to furnish appropriate auxiliary
aids and services to allow people with disabilities to participate,
enjoy a service, program, or activity.
In addition, Title II requires that public transportation be made
readily accessible and usable by individuals with disabilities.
Also public entities must provide paratransit public transportation
for persons with disabilities to supplement regular fixed-route
transportation systems.
New facilities must be made readily accessible to persons with
disabilities. Areas in such existing facilities that undergo
alterations must be made accessible to persons with disabilities.
"Facilities" means all or part of buildings, structures, sites,
complexes, equipment, roads, walks, passageways, parking lots,
garages, indoor and outdoor where human constructed elements have
been added.
I` Major Requirements for compliance with Title iI are:
1. Adopt and Publish a City Policy which contains a Grievance
Procedure, The City is Required to develop, adopt and publish
a grievance procedure; however, complainants are not limited
to the City's in-house procedure and are not required to use
it. Complaint can also be filed with any appropriate federal
agency, or an agency that provides funding to local government
agencies, or with the Department of Justice, ;
status: In Progress.
2. Conduct A Self-Evaluation of Programs and Services, A self-
evaluation of the accessibility to
mv• programs for disabled
people ~ti be completed within one year and kept on file for
a period of three (3) years. The date of enforcement is not
delayed while the self-evaluation is being conducted.
Status: In Progress,
3. Develop A Transition Plan for Making Facilities Accessible,
A transition plan must be written within six (6) months of the
effective date which focuses on alterations to facilities. As
a minimum, the plan shouldi
a. identify physical obstacles;
b. describe in detail methods to make facilities accessible]
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Memo to Mayor and Members of the City Council
December 10, 1991
Page 6
c, specify schedule for steps and, if over a year, identify
steps per year.
Status% In Progress. (See attachment)
GENERAL.
Designation of ADA Coordinator. The ADA requires that a single
point of contact be designated to oversee the implementation of the
ADA compliance program and investigate complaints.
Status! The ADA Task Force will remain intact until January 26,
1992 and then evolve into a committee which will continue to
monitor the compliance program, assist departments with reasonable
accommodation decisions, investigate complaints and serve as a
resource to network with other agencies, associations and
organizations within the City.
Fiscal Concerns. The financial impact of implementing the ADA on S
the city of Denton over the next three years is not yet known! The
Transition Plan will identify what needs to be accomplished to make
facilities accessible and will include cost estimates to make
necessary alterations to City facilities. Attached are three'(3)
lists which contain those actions that the ADA Task Force
recommends be accomplished for compliance with the Act. The s, should "readily achievable" list itemizReadilyea hactions ievable'h is
a defined
completed as soon as possible.
term in hich can hbe accomplished "without Disabilities difficultyaor expensen'g+es
w
The cost of making reasonable accommodations for present and future
employees with disabilities should not be.significant. Since 1973,
the average cost has been about $260 per accommodation and 80% of
all accommodations have cost less than $600 each.
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PARKS & RECREATION DEPARTMENT
ADMINISTRATION `
• PHASE I, COMPREHENSIVE MASTER PLAN
• REVIEW RECREATION CENTER/COMMUNITY
CONCEPT
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• POLICY REVIEW AND DEVELOPMENT
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• GREENBELT COMMITTEE
Policy on
acceptance and management of
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greenways
• - PARK DONATION POLICY
Review effectiveness and propose any
necessary revisions.
12/10/91 - SIX MONTHS GOALS
ha
PARKING
`•'r MODEL AIRPUINE AREA ,
PARKING
i SOCCER ADDI110N FUTURE DEVELOPMENT
STIE PIMiHEATER SAND BEACH AREA
INORESS/EGRESS AM
SOCCER AOOITON ICE BOAT RENTAL
N
`p NORTH LAKE
S i \ P
A JL
PA
MALL ~ I=
OPEN SPACE
IiaRESS/EGRESS
SMALL OROUP
PICNIC AREAS I • CNILDRENS PLAY AREA
OWN
•
OU100011 coucAmNK
BAMW •
BUI►ER
OPEN AREA / BU"ER
PASSfYE EP PLAN
OPEN N e I
VACS
ti
SOUTH LAKE ,
SCALE 0, My
QMSAAW"
pl
i I NOTE: HATCHED AREA INDICATES CURRENT PROJECT
`~~~~~5 M1~ 4 F S\iflFYlF~f~~r/Nlfld'St4'~Ie~L1L~1 ~Nt4.'i )r4i=r.'. rie . ' .r.Y..) r se. 4. ~J,.. r•.i r . ! '..i r. 1 e ..11 rlr. /14 i
JY a.~,. rd LF~rd..S. ♦{rc..R.f i d tl T +
f '13r~rA .
NORTH LAKES PARK
PROJECT TIME LINE
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1991 1992 1993
N D J F M A M J J A S 0 N D J F M A
GRANT AWARD
ARCHEOLOGICAL
STUDY
DESIGN AND
SPECIFICATIONS
BIDDING
PROCESS
CONSTRUCTION
NOTE: The majority of construction will be completed in April 1993.
Schedule of facility use: Softball - April 1993
Soccer - Sept. 1993
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DENTON, TOM
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I i ESTIMATED
TABULAR SUMMARY OF PROJECT ELEMENTS COST
+ I, oeveloo Slte Plans and Deylgn Crfteria
A. Master She Planning $ 0.00
-1 S. Detail She Planning 0,00
,
k " p, oeveioo Construction Plans and Soechicatt a
t
Alter project approval 101 89 60,000.00
i
Lindertake Constniction
IL
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~ ~llt Sc9II1JQ1.ffi!
2 months after project approval 8 months after approval
' A. She PreparaWn 15,000.00
B, 100-space gravel parking lot 35,000.00
C. Utdhie8
i
1. Electrical System 11600.00
2. Sewer Uns (640' of 4" line) 41500.00
t
0. Building Structures
l
1. Concession Stand/Restroom 100,000.00
E. Recreation Facilities
1. Playground structure 26,000.00
2. 4•plax Ilghted softball complex 420,000.00
3. Scow Fields • one adutt with lights and 4 youth 110,000.00
4. Concrete Hike & Bike Trod • SIX one mile of trat 110,000.00
6. Fishing Fier 20,000.00
B. Picnic Fad Was • 48' diameter shelter and 10 picnic
tables with trash receptacles and 1 handicap table 36,400.00
7, Sand Volleyball Court 161000.00
l I '
{
Y
1
8. (5) Park Benches rsoo.0o
9, (s) Picnic Units • table, grill, trash recepttcal, and 7,CD0,00
concrete pad:
I a
F. Miscellaneous
X4.000.00 I
3. Contingencies, program signs
TOTAL $ 11000,000.00 3
3
7
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ffNORTH LAKES PARK
DEVELOPMENT SUMMARY
1972 -LAND ACQUISITION
Texas Parks & Wildlife Grant
$ 274,613 I
I
• 1978 - INITIAL PARK DEVELOPMENT 1
Texas Parks & Wildlife Grant
-r $ 237,960
• 1991 - ATHLETIC FIELD COMPLEX
& FACILITY DEVELOPMENT
Texas Parks & Wildlife Grant
$ 500,000 i
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PARKS & RECREATION DEPARTMENT- ^
LEISURE SERVICES
TEXAS SPECIAL OLYMPICS
• PHILOSOPHY OF SERVICE REVIEW
• STANDARDS FOR CO-SPONSORED GROUPS
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12/10/91 - SIX MONTHS GOALS
1
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PARKS & RECREATION DEPARTMENT
PARKS DIVISION
• CONSTRUCTION AND DEVELOPMENT AT NORTH
LAKES PARK
• COMPLETION OF ATHLETIC FIELD DEVELOPMENT
FOR EVERS PARK
• RESURFACE FOUR TENNIS COURTS AT NORTH
LAKES PARK
j • RECONSTRUCT NETTE SCHULTZ PARK TENNIS
COURTS
• INSTALL IRRIGATION SYSTEM AT SENIOR CENTER
INSTALL ADDITIONAL SECURITY LIGHTS AND
ELECTRIC SERVICE AT CIVIC CENTER PARK
• "RELEAF DENTON"
- SALE OF 200 TREES TO CITIZENS
- PLANT 126 TREES AT FIVE PARKS
• INSTALL CENTRALIZED CONTROL SYSTEM FOR
IRRIGATION & BALLFIELD LIGHTS
• PLAN/BEGIN CONVERSION OF MKT RAILROAD
RIGHT-OF-WAY FOR TRAIL TO LAKE DALLAS
• DALLAS DRIVE BEAUTIFICATION PROJECT
L12110/91 - SIX MONTHS GOALS
~ 41W'~-`.trr
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PARKS & RECREATION DEPARTMENT
FACILITIES MANAGEMENT
• RENOVATION PROJECT PRIORITIZATION
. 4 ,
• MOORE BUILDING - Rental/Renovation
j
. SPACE: f
- Hire Architect
- Implement Phase
i
• AMERICANS WITH DISABILITIES ACT -
Determine how ADF,: will impact Facilities
Management budget
I 1
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12/10/91 - SIX MONTHS GOALS
CITY OF DENTON
PARKS AND RECREATION ADVISORY BOARD
FALL RETREAD'
NOVEMBER 11, 1991
DENTON SENIOR CENTER
p f?i:f5 ii S:i
TABLE OF CONTENTS
1. MINUTES FROM RETREAT
II. SUMMARIES AND CHARTS
- ORGANIZATION CHARTS
- BUDGET
- PARK PLANNING
FACILITY MANAGEMENT
PARKS DIVISION ,
LEISURE SERVICES
III. SUMMARY OF DEPARTMENTAL
I-A
GOALS AND ISSUES
IV. ,'ADVISORY BOARD
ISSUES AND OBJECTIVES
F
1
PARKS AND RECREATION ADVISORY BOARD RETREAT
NOVEMBER 11, 1991 DENTON SENIOR CENTER
MEMBERS PRESENT: Dalton Gregory, Chairman
Tom Judd, Vice Chairman
Catherine Bell
j Burkley Harkless
Neta Stallings
STAFF PRESENT: Betty McKean, Executive Director for Municipal
Service and Economic Development
Bruce Henington, Superintendent of Facility
Management
Alicia Mentell, Superintendent of Leisure
Services
Bob Tickner, Superintendent of Parks
I Janet Simpson, Park Planning Coordinator
OTHER PRESENT: Harold Perry, Member of City Council
` John Trent, Member of City Council
Linnie McAdams, Former Member of City Council
and the Parks and Recreation
Advisory Board
The meeting began at 5:30pm after a light meal was served.
Betty Mouan began the retreat with an overview of the municipal
Services and Economic Development organization. Janet simpson
followed with a presentation on the Parks and Recreation Department
budget, park planning goals and issues, and the comprehensive
Master Plan. Bruce Henington provided information regarding the
Facility Management Division including CIP and Bond Renovation
Projects as well as issues and goals. Bob Ticknor presented the
} goals and issues for the Parks Divisions and an overview of the
operations and responsibilities of that division. Alicia Mentoll
completed the presentations with a summary of issues facing the
Leisure Services Division.
Dalton Gregory requested a booklet be prepared which would include
a summary of all the presentations and copies of all the charts and
w! overhead transparencies (attached).
A break was taken after the staff presentations.
iinnie KaAdams addressed the meeting regarding the role of the Park
hoard. Her comments included:
The Park Board should provide advice to the City Council
on everything after researching the issue. it is
f important to develop philosophies for providing services
to the public because it is hard to make decisions
without established philosophies. Parks are important to
society because they contribute to the quality of life.
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Parks and Recreation Advisory Board Retreat
November 11, 1991
Page - 2
Over the ages, we have had art which has been an
expression of ourselves. We are not complete without
ar'.., and parks are a part of that completeness. Park
service agencies serve as a parent to many children.
Children need a good opportunity for leisure services
since the extended family does not exist for many
children anymore. Society's family structure has
changed, and the way we provide services should change,
too. The Board needs to look at which basic services
should be provided to all citizens by taxes to equalize
_.t opportunities.
s
Parks and Recreation service agencies should determine a
basic level of services in which everyone can
participate. There is a far reaching emotional impact on
a child when they walk by a park or recreation center and
see things they cannot participate in.
The Park Board should be persistent. If recommendations
are negated one year, try again the next year. A good
idea is still a good idea.
An advisory board is a conduit to the neighborhood. They
should take citizen input and make recommendations to the
city Council with a concern for the tax dollars by
developing the best programs possible within the
available dollars.
The Board should be more aware of the actions taken by
other boards and agencies within the city organization
and the community. The Board should acquire and review
the long range plans of other agencies to understand how
your decisions affect them and how their decisions affect
you.
There should be a balance between athletics and passive
activities in parks. It is important to provide
1 activities that do not include ongoing operation and
maintenance costs.
Dalton Gregory remarked that the Board should make recommendations
that are likely to happen without putting the city Council on the
spot when they cannot deliver the service to the public. He then
asked how the Board can influence decisions of the City council.
i
John Trent's comments included:
The City Council is looking to the Park Board for sound
advice. They do not want a wish list. The Board should
address issues as a Board of Directors. The 'city council
represents taxpayers and should provide the best for the
money. Government is designed to do for the people what
they cannot do for themselves. How can we best spend tax
dollars and provide that service? I disagree with Linnie
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Parks and Recreation Advisory Board Retreat
November 11, 1991
Page - 3
i
McAdams in that the parks should not be a surrogate
parent. You have to find a balance. Ultimately,
government's responsibility is to the taxpayer.
Harold perry began his discussion from a historical context:
Every culture has had a system of recreation. i:t is
essential to human existence. Even in the most harsh
environments, human beings have made efforts in art and
recreation. The Senior Center plays an essential role in
the community, and thousands of hours are spent there by
citizens socializing and supporting each other. It is
important for the Board to look ahead at the community's
needs and provide for them as the Senior Center has done.
The word education originally meant how one made use of
leisure time. Leisure time is critical in the reduction
of tension. Depression can be cut in half by regular
exercise, and leisure time also promotes a sense of
community.
Greenbelts provide us with a promise for controlling
waste water and storm water, and the Corps of Engineers'
development of the Upper Trinity River Study is
important. Greenbelts should be developed for low cost,
low maintenance within limits and apportion taxes to
parks.
The City Council is aware that the Park Board represents
the citizens, that the Board should request what they
need, and cooperative development with special interest
groups is very important.
Linnie MOAdaoa continued her statement saying:
The Board has the ability to educate the City Council
about the Board's perspective on the needs of the
community. The Board can focus on parks while the City
council must look at the big picture. The Board should
not worry about embarrassing the Council with a project
that you believe in. The city council should be informed
throughout the process instead of at the end which would
give the Council a choice of approval or denial. The
Board should he the ears for the Council and should
pursue citizen input in their decisions.
John Trent remarked that each Board has its own identity and
reputation. The City Council looks at how well all Boards do their
homework to gain Council's trust, developing a "halo effect" around
those that have done thorough research.
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Parks and Recreation Advisory Board Retreat
November 11, 1991
Page 4
Y,
i Harold Perry commented on the $500,000 matching grant that was
received for improvements at North Lakes Park and that a walking
i ? trail is needed there. As the Master Plan is developed, a
diversity of opinions should be pursued. He also commented that
the retreat was a good exercise.
Dalton Gregory added that good ideas tend to come in a group
f discussion with insights from various perspectives. These
w discussions provide a basis for major decisions.
Bob Ticknor responded to Dr. Perry's questions regarding recent
development at Denis Park. Neta Stallings added that the ASA5
' program at Denia was also an important asset to the community.
Discussion then continued regarding acquisition and development of
greenways.
Bob Ticknor stated that one issue facing parks is land acquisition
for neighborhood parks and that developing community parks might be
' a more feasible solution. Harold Perry added that the development
of greenways should be considered as part of the Parks and
Recreation Department's long range planning efforts. Dalton
Gregory emphasized that the Parks and Recreation Department did not {
want to take on more land than can be handled, that preserving the
land was important, and that development could occur when money was
j 1 available.
Dalton Gregory called for reummary remarks from the guest speakers.
Harold Perry began:
.1
The retreat is a good opportunity for me to be better
informed. Guided by the long term plans and goals of the
Parks and Recreation Department, the Board should do
everything possible within reason. My phone is always
open. I am willing to listen to the Board and want to
' facilitate the Board within reason. There is a lot that
can be done in the park system to contribute to economic
development and the quality of life which is basic and
fundamental to the development of the community.
John Treat emphasized:
The Board should be realistic, that someone has to pay
for development, and to ask, "Will I be willing to pay?
Is it worth it?'t He asked the Board to be cautious and
zealous to protect the taxpayers' funds. The Board
should look closely and research to catch problems. If
the Board does not make an effort to catch it and the
Council does not catch it, larger problems begin to
surface. We are all in this together.
wa
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Parks and Recreation Advisory Board Retreat
November 11, 1991
Page - 5
Linnis McAdams summarized:
The Board's role is as important as that of the City
Council, The Board provides the nuts and bolts work and
can be a pivotable board for Council decisions. it is
important to talk with citizens to learn how they
perceive their park system and community. it is also
important to let the citizens know what they are getting
and that they make a difference in decisions and
planning.
Dalton Gregory added that the staff should welcome scrutiny as well
as the Board and City Council. If an idea cannot take the
My scrutiny, it is not worth it. That is a good indicator for getting
the most for our money.
Nets, Stallings asked if scholarships were available to children who
cannot afford recreation services. Alicia Mentell responded that
E the policy has been that if the children can qualify for the free
f lunch program at school, they are eligible for scholarships.
'"j Direct costs for th(~ programs are covered in the Recreation Fund,
j Staff also contacts family members and day care to identify
children to recruit for scholarhips when vacancies occur.
+ Dalton Gregory then began a discussion with the Board members on
the points made by staff and Council members, lie asked which j
issues stood o'at for them.
'A Nets, Stallings - Regular communication with the City Council.
33
Surkley Harkless - conducting appropriate research when making
I recommendations to the Council.
Dalton Gregory - Emphasized that recommendations should be taken
beyond philosophies, that the Board should have the data to stand
up to the Council's scrutiny.
Catherine Bell - The Board needs goals, a mission statement, and a
~i long range master plan.
Tom Judd - Developing philosophies of purpose. To promote citizen ,
input and encourage citizen attendance at Board meetings.
Dalton Gregory - More clearly define the role of the Board as co-
sponsors with co-recreation groups.
Catherine Bell - Board members should go to the recreation centers,
know what is going on, a.id attend activities. staff reports on
activities should be presented at the Board meetings.
Tom Judd - Identify future needo of the City as demographics change
and develop long range goals. Networking with other City boards in
Denton and then region.
4
Parks and Recreation Advisory Board Retreat
November 11, 1991
Page - 6
i
Burkley Harkless - Identify needs of the general public.
Dalton Gregory - A user survey, possibly in cooperation with the
" university should be budgeted. Also, cooperative activities with
other agencies should be pursued.
Components of a mission statement and goals were then Itemized and
included:
• Represent the citizens of Denton.
j e Liaison between the Council and the citizens.
advocate * An • Representspecificrneighborhod ainterests (niches).
• Increase awareness.
• Promote recreation as essential to life.
• Promote athletics and youth opportunities.
• There is something for everyone in recreation,
e Evaluate current programs.
A tour was suggested for the Board members for Denton and regional i
9 facilities.
Dalton Gregory then discussed developments within the Denton
Independent School District regarding their long range planning and ;
the possibility of joint use facilities with the City and Parks and
Recreation.
The Board requested staff to provide a summary of the retreat and s
.,.j include the charts that were presented, a list of goals as
discussed for each division and the Board, and a list of policy
issues and a copy of all park ordinances.
Beard members were given information regarding a Park Board seminar
presented by the North Central Texas Council of Governments
(NCTCOG) on December 13 and were directed to contact Parks an"
Recreation staff if they are interested in attending.
? The consensus of the Board was to cancel the regular meeting of the
Board on November 18 and to schedule a meeting for Monday, December
9.
r The retreat meeting was adjourned at 9:30pm.
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AJJ'000F3
4
I
CITY OF DENTON_
ANNUAL RROGHAM OF SERVICES
a
CITY OF DENTON
7 1991-92 ANNUAL PROGRAM OF SERVICc
I
CITY
COLiNCIL
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CITY MUNIOIPAL
BOARDS CITY R ATTORNEY JUDGE
f AND COMMISSIONS MANAGE
I
OITY
I SECRETARY
I
GENERAL FUND SERVICES
ly
F SERVICE
by MAJOR FUNCTION
ADMIN/LEGAL/JUDJCIAL
l SERVICES
}
PLANNING/DEVELOPMEN T
l it
SERVICES
F NCIAL/INFORMATION
VICES
MUNICIPALiECONOMIC DEV
SERVICES
F G AND TRANS/AIRPORT
RVICES
pU6L1C SAFETY
a SERVICES
CHART Al
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?I ,
' Personnel/Employee
Relations
Parks A Recreation
Economic Development F
MUNICIPAL SERVICES
j ECONOMIC DEVELOPMEN ~
r
Animal Control \
Building Operations Environmental Health
E Facllitles Mgmt
Library Services
i -4
#1/91
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CHART A2
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BUDGET SUMMARY
Chart B1 - The Parks and Recreation Department budget for this year
1 is just over $3.3 million and can be divided by four divisions, as
shown, within the department. The three major divisions, Facility
Management, Leisure Services, and Parks, share approximately 30% of
the budget respectively with Administration making up the remaining
7%.
I
Chart B2 - The Parks and Recreation Department budget is supported
through General Fund sources including ad valorem tax, sales tax,
fees and fines, and licenses and permits.
1 Chart B3 - The Parks and Recreation Department budget makes up
I about 13% of the overall General Fund. The General Fund supports
t the majority of services the City provides such as police and fire
protection, streets, libraries, and parks.
Chart B4 - The Parks and Recreation Department budget ranks third
among the other City department budgets following Police and Fire.
Chart D5 - The Parks and Recreation Department also prepares the
Recreation Fund budget which is separate from the General Fund.
The Recreation Fund supports programs that provide a direct benefit
to an individual as defined in Board adopted philosophies. For
example, the swimming pool operation and facilities are supported
through the General Fund. 8owaver, when an individual participates
in a swimming class, that person receives a direct benefit from
that program. Therefore, the swimming class program is supported
through the Recreation Fund. The fee charged for the class helps
to offset some of the costs of the program. Those programs in the
Recreation Fund are, to a certain extent, self-supporting.
1
Chart B6 - This chart is a breakdown of programs as they relate to
the General Fund and Recreation Fund. Programs supported through
the General Fund are considered to benefit the community as a
whole, whereas programs that benefit the individual who chooses to
participate are supported through the Recreation Fund.
Chart B7 - The budget process begins in February and ends in
October. In essence, each department is given a target baseline
funding level, based on previous year funding. Any new requests in
excess of the baseline funding must be submitted in the form of a
supplemental package. This is where (historically) the Parks and
Recreation Advisory Board has had its influence in the budget
process. These packages are prepared and ranked by staff, then
submitted to the Board for prioritization.
The proposed budget is then reviewed by the Executive Committee
which is made up of the City Manager, Executive Directors, and
other executive staff members.
The budget is later reviewed by city council in work sessions and
then presented in public hearings, normally held in July. The
budget is then adopted in late September and takes effect on
October 1.
AJ'J00108
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PARKS DEPARTMENT BUDGET COMPARISON
Thousands
. 1200
1000
800
600
400 .
i a
200
0 ADMIN FAC MAN LEISURE PARKS
Series 1
CHART B1
G
t4
General Fund
Sources and Uses of Funds
Revenues
$27,934,998
Trans. Other Funds 28,1%
04her Taxes 4,1%
Miscellaneous 6.355
Flnes Fees 4,8%
Sales Taxes 19.1%
i,
~i Facilltles 3,1%
Ad Valorem taxes 34.5%
.1
Expenditures
$29,278,269
1
Personal Serv 86,8AS
l
1
Maintenance 5.85
Services 12.4%
Mlacellaneous e.2% Suppiles 4,1%
CHART B2
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CITY OF DENTON 81JDG5T COMPARISON
PARKS & REC
12.9
{
ALL OTHER DEPTS,
i4 87,1
CHART 133
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CITY OF DENTON BUDGET COMPARISONS
6003750
5403375 5.
$ 4803000;
_.I 4202625
F tt r+
l
3602250
U t%I %
3001875 't+;'S lVt'r5
li+~~ /551: 1+55~ r.
d 2401500 5+r5 'Sall 6:%
1801125 {or
1200750 +1+5 lu, 1,+5! !
5SJ S ty/ ! 51 I~ t . • . . . . . . j
600375 }5JJ5 lttJ /1551 1,55J Sf155 S/!55 't.
'WL S•! !L J Jp t. SI S. 515 . • . ~
0 iJl+• J5 11 ! 557 1 ,l 5J t l 51:5 :.rr+5 J+•lti 1515 ! . l r S 5. t
7) DPD FlreParks Eng Fin Inf Ub Pin CMO Per Log Env Com Cods MS Jud Air t
Department
1
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CHART B4
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Recreation Fund
Sources and Uses of Funds
Revenues
$ 490tb00
Goldfield Center 9.855 Golf Center 8.7%
€ Senlor Center 9.8%
Aquatics 8,8%
Civic Center 3.9% N. Lakes Center 8.2%
Other 2.7%
Special Projocts 3,4%
Denia Park Center 4,1%
Athletic/Sports 3.3%
Children's Prog, 38.7% Marketing 4.351
CHART B5
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I INAON 1~
II
I
N OF PROGRAMS BY FUND
LOCATIO
` r~~:NFAAL FUND. '
` u~~RE, ATION FU~Q
1. FITNESS PROGRAMS 1. ALL FACILITY /OPERATIONS
°2, SWIMMING POOL PROGRAMS MAINTENANCE COSTS AND
ADMINISTRATIVE STAFF
3. TENNIS' CENTER PROGRAMS 2 KID CONNECN CAM PROGRAMS
4. DAY CAMPS 3. STAFF TAUGHT
6, GOLF DRIVING RANGE
6. CONCESSION/VENDING 4, CITY-WIDE SPECIAL E'/ENT
I
7, CLASSES TAUGHT BY gPECAIL b. YOUTH SPORTS
AGREEMENT PERSONNEL
6. TRIPS AND TOURS
9. SPONSORED PROJECTSVENTS ~
10. SPONSORED i
11. THERAPEUTIC RECREATION
PROGRAMS
12. ADULT SPORTS LEAGUES
13. AFTER SCHOOL PROGRAM
14. GYMNASTICS
CHART B6
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OPERA YC~t= r~ . , t 3 r ,
2 y
TIN=G
7iWNJMD QFVk ARnW6YrLEM STAFF/
. BUDUEreLW& NEREYIEW
arYcOuNM 2
MUE DEMOPMENr
NEwFlSaAS. 3
REMUEPaWL~'T7AN
PROS 81) Er
DEMOPMWr 4•
SUDSEr 5
AMMWUL SK?Or11PlLATM
WYCOUNM
8Ut)QETSMDY 8.
PUWM i
BUMErAWPTlLXd 7•
COAMA7M OF
8. AWPT8 M=Er
~ErMArnirr~vAaca~
STARTQFNEWHSGUYEAR 61GDofcvRR6vTr cAt ;
CHART B7
i
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CHART Cl - PARK PLANNING COALS
The goals to be accomplished by the Park Planning Coordinator for
fiscal year 1991-92 include;
LONG RANGE PLANNING
- Completion of Phase I of the Comprehensive Master Plan which
includes mapping, site and facility inventory and a
computerized data base.
SHORT TERM PLANNING
- Design of an irrigation system for the Evers Park athletic
complex,
- Design of an irrigation system for the Senior Center,
walkway system and other landscape improvements at Civic
Center Park.
SITE DEVELOPMENT
- Review and input on design and specifications for s
improvements at North Lakes Park.
Project management during construction of North Lakes Park
improvements.
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COMMUNITY INVOLVEMENT
- Continued involvement with neighborhood organizations on
park development. One specific project is the
Township II subdivision which is interested in developing
I the greenbelt easement in their subdivision as a park.
j
CHART C2 - PARK PLANNING ISSUES
Staff will continue to work with other city departments in
developing a greenbelt policy that addresses the
preservation and conservation of the floodplain, the
recreational needs of the community and the role of the
Park Department in the process.
- The effectiveness of the voluntary Park Donation Policy will
be analyzed to determine what amendments or incentives
might be necessary to make the policy more attractive to
residential developers.
As the Comprehensive Master Plan is developed, Cie issues
relating to joint-use facilities, specifically with the
Denton ISD must be addressed. For example the use of DIED
land at Elementary Schools and Jr, High Schools for
neighborhood parks and/or practice athletic fields.
S
- Consider the philosophy of the development of several larger
community parks as opposed to developing many small
neighborhood parks. Neighborhood parks typically serve
populations within walking distance of the park and
provide play ~,rd picnic facilities.
continue to analyze economic factors which effect the
delivery of services by the city and which also effect
the use of park facilities by the citizens.
1
- Develop an understanding of the demographic indicators (age,
gender, race, economic status, family makeup) that shape
the communities of Denton and begin to develop a user
profile for our park system. Who uses our parks? Who
isn't using our parks and why? Ave our park facilities
being used for the purposes for which they were intended?
CHARTS C3 _&_C4 - COMPREHENSIVE MASTER PLAN AND GOALS
The current Comprehensive Master Plan was adopted in 1984 and
was intended to serve as a five year plan for park development,
This year staff will complete Phase I of an updated Plan,
PHASE I - Develop a mapping system
- existing facilities for individual sites
_ City-wide, park system map
- Computerized data base of sites and facilities '
PHASE II - Develop standards and philosophies for park development
- Based on state and national standards for minimum
I development. {
- Based on current trends and issues facing Denton t
and the nation.
- Develop and conduct a survey to determine use, i
issues and perceptions of the park system.
- Develop and conduct goals and visions interviews
with key city & community organizations.
PHASE III - Develop a list of existing deficiencies based on
standards and prioritize needs based on
philosophies,
Develop a proposal for future Capital Improvement
Programs.
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A 04,
PARK PLANNING GOALS
LONG RANGE PLANNING
,
- Complete Phase I
Comprehensive Master Plan
A
I
• SHORT TERM PLANNING
- Evers Irrigation j
- Civic Center Park Imp+ ovements x
• SITE DEVELOPMENT
- North Lakes Construction
• COMMUNITY INVOLVEMENT Q
- Township II
CHART C1
_ T
t
LIBRARY: The Library is serve d by two (2) separate I{VAC systems.
P The original wing is furnished by chilled water from the Central Plant. A large multi-zone
air handler supplies overhead diffusers. This unit is in fair condition but dampers, linkages,
! etc. give trouble, The original electric heaters in the zone ducts have been replaced with
hot water coils. A Raypak boiler is located on the roof.
I^1
t The new wing Is served by one 20 ton and one 15 ton self contained `I'rane units located in
y the concrete well adjacent to the newer wing, Supply and return duets extend Into the crawl
space. Supply grilles are located in the floor. Return is also low, ceiling fans have been
j added. A Raypak holler also in the well supplies hot water coils in each unit,
t CIVIC CI
NZI,Ri The ntam building is ser-ed by the Central Plant, A Buffalo Forge two
zone air handling unit distributes air through sldewail supply grilles around the circular main
floor. The other small zone duct serves the office areas. Hot water coils in e ;h zone duct
5 are supplied from a Ravpak boiler on the roof. This replaced the original electric heat.
This air unit has a fresu air economizer. The fan motor is two (2) speed, 't'emperature
controls rise pneumatic, The electric service is 480 volt. New transformer is 480V/120/208,
112,5 KVA.
A connected smaller wing at the rear of the auditorlum has a single zone roof top self-
contained unit. This unit should be replaced with a gas package unit to eliminate the
currently inefficient electric heating. Controls are electric,
SENIOR CITIZENS CEN'T'ER: This building consists of an old and new wing, The older
wing has three (3) 7-1/2 ton self contained roof top units, The new wing has seven (7) roof
top units, Ductwork is above the ceiling with a plenum return, This building is on the
computer system. The electric service is 120/208, 3 pease, 1600 amps, The three original
heat pump units should be replaced with gas package units,
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- Analysis of Existing City of Denton Facilities
The City Annex
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TlI CITY ANNEX
Since this building is leased by the city we have not included an analysis of code issues and
a building condition on this facility, At 6,465 square feet, It currently rents to the City for
$85,600 a year, However, we have contracted a surv y of its current mechanical service,
The Annex is, b; function, divided into Personnel and Data Processing.
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Personnel; A 7.1/2 ton split system serves this area. The condensing unit is an old Carrier
BDP, The air unit is also old ant, contains a gas furnace. This unit (American Furnace)
is situated in a mechanical room with a raised platform, with return from the corridor into
a grille below the double doors. A gas water heater is adjacent to the air unit, Unit
condition is poor, Air distribution is poor, in many cases return air from offices Is not
provided for and must travel via undercut doors,
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The basic electrical service enters the west side of building from underground and is
metered at this point, Disconnect switches do not indicate system capacity. System is
120/230 volt, single phase, 'T'here are two (2) load centers within building, One has 6-20
am circuits and 3.30 antp• No spares but some spaces, The other has 16.20 amp circuits
and 1.30,
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it Electrical convenience outlets are short throughout the building and many extension lines
are observed,
t Data Processing Offices Two (2) Lennox roof top a/c units serve this nrea• Zoning Is 5
tons (north zone) an el 2.1/2 tons (south zone), Both units have gas ltettt, There tire some
( insulation Batts ott the ~Wiig, but it appears the return air is non ducted above ceiling.
This needs verification by access above ceiling; could be a problem,
Air distribution is poor,
I There tire two (2) load centers. One has 4-40 amps, 1.30 (2 pole), 1-30, and 13.20 turps
circuits, The other has 6.20 and 1-30 amp circuits, Some spaces available, Insufficient
convenience outlets generally throughout,
The data processing computer room is served by a new split system Llebert sl:steru (alr
i cooled), The computer room turd systems are separately metered with its own new service
and meter, Main panel is locked so capacity not determined.
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Analysis of F,xtsling City of Denton Facill(les
Police Center (Olen City Ifall)
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110I1CP CE:NTER_ O ) CITY HALL
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k :'I Originally built to serve as the Denton City Hall in 1927 with a later addition, this 20,000
square foot facility is located in the central business district just to the west of the City's
downtown complex,
CODE; The building is provided with a fire detection and alarm system, but no sprinkler
system, There is also no protected stairway to the ground floor exits. Many exits are not
provided with panic hardware and custodian supplies are now stored in the Mechanical
room, The handicap have entry on the south side of the building with two hydraulic
elevators providing access to all levels. There is also adequate restroont facilities provided.
The facility is currently in violation of allowabl,s area based on its !ype and occupancy,
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f STRUCTURE( The structure is a cast in place concrete column, beam and slab frame,
BUILDING CONDITION; After a recent retrofit and renovation to Accommodate the
Police needs in the old City Hall facilities, the building finishes are all ht good shape and
well maintained although the building layout is confusing and awkward, he clay file roof
has also recently been replaced and appears to be In good shape, '['here Is however,
evidence of a crack in the slab in the mechanical room that at times, leaks condensate water
1 into the squad room below, Flooding has also been persistent problem in the basement
level on the northeast corner of the building probably due to the age and shifting of the
exterior wall and foundation, There is also a possibility of asbestos present In this facility
that should be investigated in any study of future uses of tills building,
Nil[ CHANICAL; A two compressor, 45 ton York air cooled chiller provides chilled water
to a York single zone air handling unit. The chiller is located at the rear of the, building.
An end suction chill water purrtp is located in the air handling unit room, This room serves
as a return air plenum. The air unit and system was designed as a variable volume systelu,
The original air modulator has been replaced by a vaf iable frequency drive controller, The
control has been jumped so thitt the fall is operating on its fall curve according to system
Enressure, Ftut motor is 15 1.111, ']'here is a new smoke detector in the supply duct (also it
arge air leak aft point of installation), Ali return air is above ceilings and enters fan room
through a floor opening (with fire dam r). Integrity of fan room hats been compromised
by it large knockout of ceiling shectrock into attic for routing of communication cable,
The air unit has ,in outside air economizer and relief fans. Chilled water control at the air
unit is with a 3-wary valve. Chilled water has it chemical inhibitor,
The air unit supplies primary air to fail powered variable air volume terminals located
throughout the building, Heating is accomplished with electric heaters located tit (lie VAV
terminals. The chiller is in need of replacement and the strip heaters are inadequate to
maintain a comfort level.
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Temperature controls are pneumatic. The controls should be upgraded to the D,D,C,
System, which is uaw in place at the downtown complex, There are sonic insufficient cooling
and heating complaints along the south exterior zones. Window replacement to reflective
F and double glazing should be considered/ I
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Analysis of Existing City of Denton Facilities
N'loore Building
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I ITIF MOORS BUILDING
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`['his buildinb, comprising approximately 145,000 s.f was recently donated to the city and
consists of former office space of 32,770 s.f, with the remainder being former paper
i manufacturing and storage facilities. The complex was built in various sections between
1947 and 1965, Located on East 'Hickory Street and Railroad Avenue it is convenient to
1 the city's downtown complex and now call accommodate parking for 214,
STRUCTURE: Most of the building structure utilizes structural steel support columns, steel
trusses with a built up roof on rigid insulation ran concrete, decks, The 2 story office addition
from 1958 differs in construction with a cast-in-place concrete beam, column and slob
system, Since there are no load hearing interior walls, except for walls between additions,
the building offers great flexibility for office use space planning, Numerous leaks indicate
that some allowance will have to be made for roof repair.
CODBt The Moore building is fully sprinklered and with the extra allowances offered by
this the builtNt;g appears to meet all fire code exiting provisions, Any future division of the
a warehouse areaa however will have to make allowances for additional exiting requirements f
once the space lei sub-divided. With the addition of code compliant ramps, especially at the
.,1 southeast entry to the office portion, and restroom provisions for accessibility the building
can also meet handicap requirements, An earlier city analysis of the complex indicated the
presence of asbeslos In piping and equipment Insulation and this situation warrants further
investigation,
NIECIIANICAL; Also in this previous analysis the IMcchauical ,System was found to be
antiquated and hiadequate for tuture office use and will need to be completely replaced,
One boiler has been condemned and the other is out of inspectiori and should be
condemned as well, Both were installed in 1947, DRC, controls should be installed with
any new system to improve tenlperature control In [lie building, `T'ile sprlnkler system,
electrical system and plumbing was found, however, to be in good condition and modifiable
for future city office use,
The following are excerpts from a report of Electrical and Mechanical systems by Richard
Cooper conducted in 1989 is attached.
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Analysis of Existing City of Denton Facilities
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r ! MECHANICAL: The mechanicsd systems for this building consist pr.nwrily of the beating,
ventilation, air conditioning (ETVAC) systems, the plumbing, and the ;i; s sprinklers systems,
It should be noted that this building was designed and built specifically as a forms printing
plant, and the designs of these systems are quite different than what might bo required for
a similarly sized building designed for strictly office or other types of occupancy,
ORIGINAL BUILDING (Bidgs. A & 13); The primary HVAC system for the original
building, constructed in 1917, consists of a 200 ton Worthington centriful;al chiller, two SO
HP 'Kewanee low pressure stearn boilers, numerous air handlers with heating and cooling
r coils, steam unit heaters, and steam radiator heating units, The chiller and boilers, along
with associated pumps and equipment are located in the basement mechanical room of the
l plant, and a 200 ton Marley cooling tower was replaced in 1963, and that tower was
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replaced by the current cooling tower in 1981,
'T'here are eight air handling units serving the manufacturing area of the plant. These units
are located on an elevated equipment platform in the high bay area of the plant, 'T'here are
also two similar air handling units on the equipment mezzanine that serve the original office
building. The air handling units distribute conditioned air to the office and manufacturing
areas by means of sheet metal supply and return ducts, Several steam unit heaters are also
located throughout the plant, along wilh some perimeter steam radiators, 'T'here is a chill i`
water supply and return piping system along with a steam supply and condensate piping
system that serve the air handling units, During the 1960's, four additional air conditioning
systems were added to the nuuniftieturing area, 'T'hese additions included four "cooling only"
air handling units that are suspended Inside from the plant roof structure, and DX type
condensing units mounted on the roof, Three of these systems each have two 20 ton York
condensing units, turd one system uses a 30 ton 'I'nane condensing unit,
1958 OFFICE' ADDITION (B)dg, D); When the two story office addition was constructed,
additional HVAC equipment was added to serve this building, The equipment consisted of
1 a 130 ton Carrier absorption chiller, four sectional lair handlers, several perimeter fan coil
units, a 200 ton cooling tower, and a steam to hot water heat exchanger. Due to numerous
problems, the 130 ton absorption chiller was subsequently replaced with a 105 to,i Carrier
absorption chiller which is currently in use today, The chiller and steam to hot water heat
exchanger, along with associated pumps and equipment, are located in the basement
mechanical room of the plant along with the equipment that serves the manufacturing and
original office areas, The cooling tower Is located on the roof of the plant,
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The sectional air handling i nlls distribute conditioned air to the two story office areas by
jj means of sheet metal supply and return ducts. A two-pipe supply and return system can be
used to supply either chilled water or hot water to the air handlers or perimeter fait coil
units,
WAREIJOUSE AREAS B1d s, C I:1 & G t `'i
i ( b , ) tore are eleven gas-fired unit heaters that
provide heating in the warehouse areas,
PLUMBING SYS'T'EMS; The plumbing systems in the building consist of numerous sanitary
waste lines, hot and cold water lines, steam and condensate lines, and gas lines serving
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various equipment and plumbing fixtures throughout the building, The building is served
by a Y domestic water line, a 15 psi, 2" natural gas line, and a 6" sanitary sewer line. The
water meter is located on the southwest corner of the property, and the gas meter is located
on the northwest corner. The restrooms typically have floor mounted flush valve water
closets with wall hung lavatories except in some of the women's restrooms where there are
countertop lavatories. Tliere are also several electric water coolers located throughout the
plant. I-lot water is provided to the fixtures by means of a steam heated hot water heater
` and two electric water heaters.
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FIRE PROTECTION; Fire protection is provided to 10001o of the building by an automatic
I ' wet pipe sprinkler system, There are seven different zones of coverage, fed by multiple 6"
i and 8" feeds from the City of Denton municipal water supply line. The system is equipped
with water alarm gongs, electric bells and horns, and is regularly inspected by Factory
Mutual Insurance inspectors,
u ELECTRIC; The electrical systems for this building consist primarily of the electrical
power, lighting, telephone, security, and other special electrical systems, Like the
f mechanical systems, it's noted that this building was designed and built specifically as a
forms printing plant, and the designs of these systems are quite different that what might
be required for a sunilarly sized building designed for strictly office or other types of
occupancy.
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Electrical service to the building is provided by the City of Denton pole and plot mounted
transformers with four different service entrances, The main electrical distribution
switchboard is located in the basement mechanical room, There is a total of 6,800 amps of
1 ~'l rated electrical capacity in the plant with both 120/208 volts - 30/4W and 440 volt-30/3W
service available. This main switchboard serves all of the electrical power and lighting
panels and electrically operated equipment throughout the office and manufacturing areas
of the building. The warehouse areas are served by other electrical service entrances,
The building also has several battery powered emergency lights and a 30KW emergency
generator that serves critical areas of the building. Site lighting is provided mercury vapor
s lights on the building and GE Lucalox lights on poles in the parking lot. Interior lighting
is predominantly 2-bulb or 4-bulb surface mounted and 2' x 4' fluorescent lay-in light
fixtures, most of which are old and in need of repair or replacement,
i The telephone service enters the building near the southwest corner of the original office
building through a 2 inch underground conduit, There is a main telephone backboard in
a closet in the southwest corner of the building, and several smaller telephone boards at
different locations throughout the building,
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Analysis of Existing City of llcnton Facilities
Service Center
SFIC VE E CENTER
SERVICE CENTER; Located off Mingo road just a couple of miles to the Northeast of
downtown and the Central city complex, this combination of shops, offices, locker/employee
rooms and warehouses serves the city utility company. In general the building complies to
current handicap and fire codes and is well maintained, Any addition however must be
analyzed to fit with and improve the current internal circulation and main entry,
r STRUCTURE; A tilt-slab building built and added onto through the 1980's this complex
g has a 3 x 3 bay steel column structural grid in the Purchasing Warehouse section a 2 x S bay
grid in the 2 story office and shop section, The buildings squarish shape with the warehouse
A on the side, a later addition, separated by a fire wail and north-sou(h corridor offer
advantages now in efficiency and convenient arrangement of offices around the atrium entry
on the east side, The east side however is the only side that is available for office expansion
and this may result in a more awkward situation,
CODE; The building is classified as a Type III one hour, The entire building has an
automatic sprinkler system, and smoke detection system, Except for a general sparseness
of exit signage and an exit path from many rooms on the first floor through more than one
I . adjacent room, other code exiting requirements seem satisfied, t
r BUILDING CONDJTION; except for some evidence of water leaks in the atrium and
some flaking ;)f the cementitious coating on the exterior of the building the complex Is In
excellent shape and should be serviceable for many ears to conic, Employees have,
however, expressed concern about the amount of lighting in office areas and inadequate
sound insulation from the adjacent railroad and downstairs siren testing, At present there
Is not onough parking or covered area for equipment, Outside storage is disorganized and
by the use of racks for piping and bins for street materials such as sand, gravel base and
loans the site would have more than enough room for present demands and any future
expansion. In some areas of the building such as the meter shop, water department
crewroom, and bay areas, there Is little or no heat supplied to the A/C systems, Gas or
water heat should be added to the main air handlers for the first and second floor office
areas. A D,D,C, control system would help to maintain more efficient control of the
building climate,
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Analysis of Existing City of Denton Fnellitles
y Traffic Control Building
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I'RFFJC: CON'rR 1, BUILD
The Traffic Control Facility located at the Service Center is a pre-engineered metal building s
with two recent side expansions that bring it to 2,070 square feet total,
CODE; The building is not handicap accessible or property equipped for the handicapped,
There Is no fire detection, alarm or suppression system, Although there are enough exits,
there is a probiem of exiting through more than one adjacent room, (see plan)
BUILDING CONDITION; Although the building has been improved since its use as the
animal control center, it is in adequate in many areas, Water leaks down through the roof
behind insulation and down the walls collecting at the perimeter of the building, The
HVAC unit, supplemented by 3 window units is unable to keep a comfortable indoor
temperature in summer and winter. Insulation is missing in some areas. There Is no water
service to the back of the building where it is needed, A ventahood is needed over the
screening area, Some covered outdoor storage Is badly needed along with rack storage for
poles, 55 gallon drums of toluene and mineral spirits are stored outside and are
subsequently rusted and leaking, 'T'here is a great lack of room for indoor storage,
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Analysis of Existing City of Denton Facilities
Denia Recreation Center, North Lake Recreation Center
and Martin Luther King Recreation Center
DCsNTA_RECREATION CENTER
This multipurpose building completed in 1979 is located in Denia Park in the south central
portion of the City Its current configuration and layout of Gym, Restrooms, Billiard IlalI
and Playroom seem to be working well for its current use,
CODT ; Denia satisfies all requirements for exiting although it has no fire detection, alarm,
A sprinkler system covers only the area around the control desk. The facility is handicap
accessible and provides adequately for handicap use of the restrooms,
STRUCI'URE; A tilt slab construction system Is used here for the exterior wall
construction with a bar joist and metal deck roof, The higher gym portion drains onto the
lower portion and the off through scuppers in the tilt ups,
v BUILDING CONDI'T'ION; The exterior slab finish ap ears to be In good condition, 'rile
roof reportedly leaks in some rain storms near the A~C touts on the Gym. The poured
f syntliettc gym floor itself needs replacement suffering from pitting and from smoothed slick
areas around the goals that make basketball play dangerous. The carpet in the game room I
is also worn and torn, Several screens protecting the gym skylights have been broken by ball I
J games, The rest of the interior appears to be adequately maintained, With the heat
I exchangers rusting, and with the replacement of several compressors throughout the years,
I I; ns should be made for replacing the A/C units, The Federal Pacific breaker panel at
nia should be replaced with a new "Square D" panel or equivalent,
INIOit'1'hl'_IA LJt1ECfl4W111N.C6N'r1R
This twin bulldin to Denia located in the Northwest corner of the City has had Icss
problems with leas than Denia and its gyro floor and carpeting are In much better shape,
As with Denia, the A/C systems and breaker panel should be replaced soon.
LW~I.;"LIN 1. THP, I KING RhCW,' 'ION CEN'1'F
I This facility of 20,000 square feet in the east central portion of Denton provides a gym,
game room, community meeting rooms, and activity rooms for Its neighborhood,
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t CODE; The Recreation Center is etlaipped with a fire detection attd alarm system and is
fully sprinklered, The. building is also fully handicap accessible and has handicap compliant
restroomsi
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BUILDING CONDI'T'ION; This recently completed building has so for been well
I maintain: d, The center has a brick veneer exterior and standing seam roof, wood floor gym,
carpe;sd hallways and vinyl covered walls, A review of the sizing of the A/C system should
be conducted to explore problems with humidity control, Denia, North Lake, and Martin
} Luther King should also all be put oil DRC, control system at the downtown complex for
better efficiency.
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€ Analysis of Lusting City of Menton Facilities
Goldfield Tennis Center
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'T'ENN'IS QPF'TE R
]'his 858 square foot building serves as a house" for the 8 tennis courts surrounding I
j it in North Lake Park in the northwest corner of the city.
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CODE: The Center has a smoke detector but no alarm or sprinkler system, Exiting is
more than sufficient The building is fully accessible to the disabled and up to code for the
handicap in its restrooms,
STRUM URP; The Tennis Center is a conventional wood frame building with a pitched
f $ roof,
BUILDING CONDITION, The recently constructed center is well maintained and possibly
only an interior repaint need be considered, Double glazing of the windows would reduce
the load on the building's A/C system, which has had a second blower and condensing unit I
added to maintain comfortable temperatures on hot and cold days, As with all buildings,
Abe Tennis Center should be added to the D,D,C, control system It could be included with
North Lake's.
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Analysis of Existing City of Denton Facilities
Denton Airport Terminal
AIRPORT TI+,I2 11NAL
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3 The Airport Terminal, built in 1964 has 1,600 square feet of office, waiting roost and ;
restroom space, The facility has become obsolete in both Its space provisions and in the
building condition over the years,
CODES; The terminal hfis no fire detection alarin or suppression system, but is satisfactory
in exiting for its size and building type, 't'here Is no provision for the handicap in either
access or m restroom facilities,
STRUCTURE; The structure Is of conventional wood framing with a pitched roof,
BUILDING CONDI'T'ION; The Airport Terminal suffers from a severe termite problem +
as well as wood rot that may have affected the integrity of the structure, Many of the posts
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for the west side porch are eaten otit at the base. The brick finish paving around the '
building is crumbling due to freeze • thaw cycles and general wea, hering and
the current
plaster finished exterior has suffered from extensive cracking. The lighting levels are
inadequate in both the offices and restrooms and water leaks are evident around the wood'
storefront, A venting arrangement to release heat from the attic has proved InsufflCleirt and
the return air vent is In a faulty position to provide efficient tilt, recirculation, Single pane
glass in the waiting room makes climate control difficult and air supply to the restrooms is
insufficient, In addition the septic tank shows signs of collapsing, Uneven settlement of the
foundation may be the cause for glass that has cracked in the, waiting room over the years, 1
Telephone service is currently routed through the airplane hangar; this line should be direct.
A metal shed added later to house the runway light power supply may prove to be
t inadequate protection for the eciuipment in tine future, This buildnig should be added to
the central D,D,C. control system for better IIVAC control,
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1 r Analysis of Existing City of Denton Facilities
Animal Control Building
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I A-NtM CON'CRnL }IUILT)INC
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'T'his two building complex has 7,650 square feet of space after recent additions and
renovations and is located next to several county facilities on Woodrow Lane in the eastern
i central part of the city,
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CODE: All handicap access and restrooin requirements are fulfilled, For its size and
building type the building has adequate exit provision, but there are several areas that have
egress through more than one adjacent room (see plan), Iliere are no smoke detectors or
alarms.
STRUCTURE: The administration building is a standard steel frame building with brick
veneer. The animal housing building consists of concrete block walls with composite steel
beam construction, g
BUILDING CONDITION: The facility seems to be In good shape and there is no sign of
any roof leaks, Ventilation may need to be supplemented in the animal housing sections.
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Analysis of Existing City of Denton Facillties
Fire Station #1
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This 15,000 square foot station just built in 1981 is already creating problems for the City's
Operations, Currently, there is only one bay where new equipment can fit, the buildingg's
situation on its site restricts truck turning radii, Parkin is also a problem. In addition, the
building slab has settled unevenly causing problems to equipment garage access and In
piping under the building resulting in difficulties with drainage and with the back up of
sewer gas into the building.
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CODE: The building is not sprinklered and has no centralized fire detection system,
Except for a general lack of exit signs and problems in egress from the 21td floor (see plan),
1 the station appears to meet the code requirements. Handicap code requirements, however,
are not fulfilled in restroom accommodations and slab shifting has made wheelchair access
difficult.
j STRUCTURE: The slab has shifted down on the south side of the building erealing a ledge
at the garage entries and the concrete drive skirt on both sides, In addition to the plumbing
problems this has created, the garage doors can not close tightly shut making it more I
difficult to heat the garage in winter, Although there is no evidence of damage to the super
structure from the slab shifting, any reuse of this building should be prefaced by a more
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MECHANICAL: The apparatus room Is heated by electric suspended heaters, Coudition
of heaters is poor, They appear to be infra-red type, but reflective surfaces appear
inadequate, Personnel report that in extreme cold weather the room can be maintained not
much above 32 degrees, ']'his system Is inferior and costly, Several lieaters are burned out,
Administrative and housing area,, are served by five (5) heat pump split systems, Fan coil
twits (EMP manufacturer) ,ire situated in closets or mechanical rooms and ductwork
overhead distributes air.
The training room outdoor unit has been replaced with a new unI! (Heim manufacturer),
Cooling Is Insufficient in this area due at least in part to poor ins,Ifation.
All other admhnistration areas appear satisfactory,
There Is no natural gas service to this building,
The emergency generator serves communications and barrier doors, Manufacture is Onan
diesel, located Under overhang at rear of building, Capacity is 30 KW (3 Phase), 20 KW (1
Phase) at 120/208 volt.
Electric service is 800 amps, 120/208 volt, 3 phase. Main switchboard is Square 17 type
QM13.
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Analysis of Existing city or Denton Facilities
Fire Station #2, #.f3, #4 and #5
SATFLI.I'1'E; FIRE STATIONS
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Fire Station ##2
} Built in 1978 this 4,600 square foot station serves the eastern section of the city, Structurally
it uses a metal deck and steel bar joist system on CMU walls with a brick veneer, The
building is handicap accessible, tip to fire code, and has been well maintained, However,
the apparatus bays are not tall enough to fit through the newer equipment,
Fire Station #3
z This facility in the university neighborhood has 5,435 square feet and opened in 1971, With
its taller garage bays, there is no problem storing the newest equipment and the station has
good access from all sides, The building has the same bar joist and CMU wall construction
with brick veneer as Station #2 and except for a serious roof leak that has recently been
patched the facility seems to be in good shape like all of the fire stations, there is
inadequate heating In the garage In winter,
Fire Station #4
Like station #2 the bay doors for this station are not tall enough and in addition, infrared
ceiling heaters are inefficlent and do not keep the garage much above freezing hn whiter.
The HVAC unit has recently been replaced and there have only boon minor problems with
roof leaks, Like the other stations, the structure is steel bar joist roof framing with CMU
load hearing walls, Built in 1966, many interior finishes are worn and need replacement,
The station has 4,264 square feet The garage is not a drive through type, causing the
Department to back trucks into it from Sherman Drive,
Fire Station #5
'T'ile City's newest fire station, completed in 1990 has 7,336 square feet. The building utilizes
a tapered beam steel frame construction, with a standing seam metal roof and split face
concrete block on the exterior walls,
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Analysis of Existing City of Denton Facilities
r Senior Center
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SENIOR CI~MER
The Senior Center, recently renovated and added onto in 1990, is located adjacent to the ;
City's downtown complex and comprises 16,400 square feet.
CODE; Handicap access, in regard to its users, is amply covered both in access, including
1 hallway handrails and in restroom provisions. The building is equipped with a fire detection
and alarm system and is fully sprinklered,
STRUCTURE; 'The facility is a simple steel frame system with brick veneer exterior walls,
Drainage is provided by scuppers through the parapet,
BUILDING CONDITION; With its recent renovation, the Senior Center is in excellent
sha a except for a roof leak problem located along the east wall of the Domino Hall, This
problem has led to the damage of ceiling tiles and wall finishes and is probably caused by
a flashing problem at the roof pop-up that occurs in this area over the domino hall. 3
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Space Requirements Report
City of Denton Master/Space Plan
Purpose
The purpose of this summary report was to produce a consolidated inventory of all space
j requirements to be used in the formation of the overall master plan for the City of
Denton Facilities, This summary is the conclusion of all space requirements for each
City Agency or Department that is to be accommodated in City Facilities,
Wroduction
All space requirements included in this summary were identified and requested by each
agency or department in their completed questionnaires and/or in meeting. with them,
Approved space standards were used to provide a "unit area" for each type of space
requested by the individual agencies or departments. The actual method used to develop
these space requirements is explained below,
The respective space requirements were reviewed with each agency or department. Each
approved the quantities in their individual space requirement space requirements,
1, Kick-Off Meeting; A "Kick-Off" meeting was held with all City of Denton agencies
1 and department (user) representatives to be included in this project, The purpose ; f
r of the meeting was to introduce team membors, discuss project procedures, define
information needed from the City of Denton and distribute the Space Requirement
Questionnaires to the user representatives,
2, Questionnaires; Questionnaires were received back from all user representatives,
Questionnaires contained request for 15 year support/ancillary space requirements,
desired adjacencies, organizational charts and other planning information
i 3, User Interviews; After receipt and review of the questionnaires, meetings were held
with each agency or department, At the meeting, the questionnaires including 15
year staff headcount projections and support space requirements were reviewed and
validated with each user. Adjacency requests were also reviewed. A tour of the
existing user facility was made,
4. Space Standards; A recommended space standards was prepared that defined
suggested City of Denton space standards, These standards were developed by
reviewing and comparing existing City of Denton space standards against known
industry standards, It is desirable for these space standards to be approved by the
City Council,
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5. Report Development; A. computerized data base was developed for each agency or
department to include information from the questionnaires and the recommended
I space standards. From this data base, the individual agency space requirements
reports were generated.
! 6, User Review., Each individual agency space requirement report was reviewed with
the respective user.
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CITY OF DENTON FACILITY MASTER PLAN 11/14/91
SPACE REQUIREMENTS
SUMMARY OF DEPARTMENT AREA REQUIREMENTS
DEPARTMENT OR EXISTING 1991 1996 2001 2006 PAGE #
ORGANIZATION LOCATION AREA LOCATION AREA LOCATION AREA LOCATION AREA LOCATION AREA FOR INFO,
TOTAL (Earl, exterior requdements) 289,191 388,810 498997 823,938 649,922 7
P
j C Council G Hall 3,349 4,881 5,636 8,636 6,636 8
city manager CI Hail 2,317 3,087 3,430 3,430 3,564 9
C Secret, G HAI[ 340 441 763 783 933 10
L "al Administration City Hal 1,816 1,776 2,359 2,359 499 11
Code Enlorament City Hall 742 1,053 1,540 1,640 1,660 12
Muncl l Court Judge CI Hall 677 1,078 4,704 6,388 4,380 13
Pokoei Total excluding exterior 20,0110 34,524 39,893 42,935 46,197 14
j requirements and Firing Range
Field Opeations Police Statfon 6,785 7,130 8,772 10,478 15
Central Operations/CID Pollee Statlon - 5,425 6,593 6,104 6,510 t8
Support Operations Pollee Statlon 8,960 9,808 10,017 10,808 17
Records/Statatloal Sarvioes Pollee Station 11798 1,668 1,994 2,120 18
w kientltlation Pollee Station 1,767 4,999 6,244 5,684 19
{ Jill Police Station 10,700 10,797 10,604 10,511 20
Firing Range Future - 90,000 90,000 90,000 90,000 22
Exierlor ulrementa 212,600 212,600 212,500 212mo 23
First Total exofoding *KWW r 42,635 43,273 47,950 48,762 49,770 24
' Central Station Central Statlo 16,000 151638 20,316 21,127 22,135 25
3 Statlon #2 Station 42 4,600 4,600 4,600 4,000 4,600 26
Station 03 Station #3 0,436 5,435 5,435 5,435 6,435 27
Station I4 Statfon 04 4,264 4,264 4,264 4,264 4,284 28
Station Aril Statlon #5 7,338 7,336 7,338 7,336 7,335 29
Station 46 (Future) Statlon #8 8,000 6000 6,000 6,000 8,000 30
Exterior r ulfemente 0 2,250 2,690 2,000 2,760 31
Finance/Information SoMces 44,943 47,263 71,349 72,931 911,466 32 t
Finance Administratlon City Hall 355 987 1,309 1,505 I'm Im
Puroha sing Adminlatratlon Servlce Center 1,285 980 2,653 2,896 31080 34
Central Stores Service, Center 30,318 30,324 45,887 46,764 66,264 35
Customer Samoa Oty Hall 4,263 5,005 6,201 51620 8,943 38
Treasury Ctty Hell 204 392 392 302 392 37
CAShiering CityHall 797 693 1,165 1,165 1,232 36
Acoundng City Hall 2,176 2,202 4,516 4,748 8,726 39
Tax Gry Hall 165 J34 637 637 763 40 Risk Management Cky HAll 267 364 364 384 41 Munlolpal Court Clerk Cky
Hail 970 1,771 1,786 1,904 42
InformstoServicesAdmin. Annex 3,244 6,894 6,288 8,433 43
Word Promisin CI all 903 1.771 1,771 1,771 44
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° 11/14/91
CITY OF DENTON FACILITY MASTER PLAN
SPACE REQUIREMENTS
SUMMARY OF DEPARTMENT AREA REQUIREMENTS
2001 2008 PAGE N
EXISTING 1991 1998
DEPARTMENT OR
ORGANIZATION LOCATION AREA LOCATION AREA LOCATION AREA LOCATION AREA LOCATION AREA FOR INFO,
124 421 108,202 174,397 175,020 45
Muncipal8ervir»a 97,929 1,498 11498 48
Economic Development/Municipal Serv City Hall 617 777 1'407
93,275 122,620 124,650 126,049 47
Parks A Recreation; Total 69,361 7,238 46
6,258 7,238 7,238
Building Operations Moore/Civio 4,000 32,819 32,819 32,819 49
Dania Center Denla 11,618 31,657 17,765 17,765 60
MLKJr,FlwreatlonCenter MLKJa 17,929 17,056 17,766
13,467 31,237 31,237 31,237 61
North Lakes Reaeatlon Gntsr North lakes 11,618 3,381 3,451 3,682 52
Administration Civlo Center 875 1,074
11,942 12,110 63
I i 6,292 9,982 ,942
Parks Divlslon Clvla linter 4,692 2,920 2,928 64
Recreation Divlslon Civic linter 1,476 1,682 2 928 18,233 54
Senior Center 18,300 18,233 18,233 18,233
Senior Gntei 308 378 378 Re 58
! Goldfield Tennis Center Goldfield 357 872 672 672 57
Athletio/Goll/Aquatio Center Aquatic 400 5,300 8,616 10,045 10,046 118
1111 Personnel Wax 4,866 35,053 36,063 0
1 Library Library 20,000 21,788 31,693
1,323 1,681 1,806 2,030 61
Environmental Health 1,396 1,344 1344 82
Mimal Control Mlmal Cntrl 1,687 1,947 1,302
6,379 7,000 7,604 111,4511 63
1 Planning and Development 4,145 2 3,717 4,312 64
Manning and Development City Heil 2,106 ,627 3,703
1,260 1,760 2,0.'r0 2,275 85
Building Inspsalbns city Hall 1,208 1,753 1,263 1,308 66 1
Community Development Square 822 11088
644 604 67
MainStreel square 209
14,993 19239 23324 27,558
Engineering k VansImlatw/ 8,6711
Airport Servbeer Total erttll, exbrla 3,600 3,628 5,111 100
j Airport Services Mum, Airport 1,300 3'031 2,212 2,304 70
{ Engineering Administration City Hall 1,088 1,876 ,212 2,369
3,305 4,040 4,986 5.862 71
lneering City Hall 1,822 6,639 73
Eng `
Streets Coneauodon/Patching Sam" Center 1,918 3,168 2,91"• 6'484
6 572 6,900 11 73 i,
TfatfioControi SrrvlwGnar 2,470 3,812 261,860 74
261,660 281,860 261850
Ezterkf ulMmentt Settice Center 0
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11/14/91
CITY OF DENTON FACILITY MASTER PLAN
SPACE REQUIREMENTS
SUMMARY OF DEPARTMENT AREA REQUIREMENTS PAGE N
1991 1998 2001 2008
DEPARTMENT OR
EXISTINIFIA
ORGANIZATION LOCATION ALOCATION AREA LOCATION AREA LOCATION AREA LOCATION AREA FOR INFO,
104,783 123,232 130,989 133,743 75
Utllldeet Total excluding ezterlor req. 3,227 3,374 3,411 78
Adminletratlon G Hall 2,783 62,686 82,0
89 77 Co'nmunHylieMoes 48,707 2,437 T8
Sorvlcs Csnter 1,417 1,474 1726 2,045
Administration 1,303 1,548 1'793
Drainage Servla Center 929 1,023
812 833 1,232 1'232 60
Energy Management Service Center 418 33'Sµ ~4 33,e84 81
Geroge Service Center 28,000 ~ ~ g ggg 8,868 82
MechIn* Shop Service Center 4,000 5,866 8,668
2,730 2.,730 2,730 83
Commercial Solid Waste Colleotlon Service Center 785 21 15" ,620
1,883 2,183 2,373 84
Residential Solid Waste Collection Service Center 988 1160 1'760 0 0 65
,µ,8S0 88
Solid Waste Disposal Land RII 1.620
'BW 41,350 49 ,000
Rog 1 Exterior uhemente 20,901 32,637 37,883 38,720 87
Ehatrla Department 18' 4,781 6,2W 86
Adminlstratfon Service Center 2,906 3,353 4,284
7,469 8,736 8,887 8,627 89
Electric dstrlbutlon Service Center 4,006 2,611 3,381 3,978 4,242 90
v~ ENodlo Engineedno Service Center 1,920 2680 3,987 4,089 g1
Eleolrlo Metering Servloe center 1,202 2,373 92
Electrical Pfoduotlon Varloue 2,919 2,919 6,159 6,264 5,264 1824 3,684 6,404 5,404 93 ,t
Electrial Subetatione Various 1,824 1,134 1,190 1,218 1,246 94
Electric Motor Reading Service Center 648 4338 4,441 86
Eieotrlo COMM01,06tiona Service Cantor 830 2,418 3,643
0 583,350 684,350 684,860 507,150 g8 f
Exterior uinmente 28,688 32,774 38,683 38,1tT 97
WMer/WasN Wafer pepaefinent 8,220 868 688 866 g8
{ Financial AdminIsRatlon Gty Hall 320 448 2 ,Ow 2,744 09
Labor" Treaty Plant 1'688 2'037
1,995 1,996 1,053 1,969 100
WaterAdmlrtlstratton 3erviceCenter 1,696 10,629 t0,r829 101 '
Waste Water Treatment Plant Tr•atr Plant 9,898 10,698
Servla Center 1'633 4,872 4,888 6,432 0,6b4 102
Waste Water EnglnNrinq 1,099 3,339 3,338 $'839 103
Wrhx Production Treat, Plant 3,248 3,368 104 s
Waste Water F14W Services Admin. SoMoe Center 106 2,988 3,108
140 140 140 ' 106 y
Water Distribution Service Center 1,110 140 618 108
Waste Water Collection Service Center Big 616 618 618 W 106
HydranN A VAN" S4rvice Center 718 861 851 661 4,102 6'502 6,69661
3... ..106 -
Water Mehl Chop Servla Center 1,358 4,01 1 420 426 109
WW Tap Crew Service Cantor 876 420 420 ;
0 11,300 11,300 11,300 11300 do
ExledofRequlrements 764 009 2 10 10 111
1-MI" W hl 784 l
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RECOMMENDATION AND COMPARISON ur SPACE STANDARDS FOR THE CITY OF DENTON 11/13/81
Proposed; Existing GOVERNMENTAL CORPORATION STANDARDS REFERENCE BOOKS
Office, w tY of City of Dallas County Slate of Texas O.S.A AmarEcen South. Federal Greyhound Time Designing P[9r n gAthe ('tannins the
Workstation ;fa ow : Denton Space Purchasing & Standards Airlines western Home Loan Corporate suer the Jlgw Eleotr0nlo
or ref3paee Space (Sq. Foot) Gonr Services Corporate Bell Bank Standards Standards Automated Corporate Q~t ca
SRandMi Uses Standards Standards Slandsrds Standards Standards Office ad us grs
1 Private Oily 376 600 37510 600
Elected, Top Executive or W"195-256 320 N/A Senator President N/A 280 to 300 300 40010600 Chman/CEO 20010350
Upper Managament catagodes 10 4D0 300 to 376 Top Executive
Representative Sr. V.P. Exec. V.P.
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2 Private Offlom
ni 1 x
Director of a Department or 4<!~QfJ 88.204 226 240 300 240 N/A 200 to 225 300 35010400 2?6 to 390 1711 l0 260
1 Chlef Deputy (AgenoyHead) (GS 16/18) V. P. Sr. VP or VP Upper Mld•M91.
AsslatantDkeolor/Deputy 64.255 160 180 226-Super. 180 N/A 160 160 100 to 200 150 160 to 226 17610250
Open Plan (GS 14/15} Level 8 Upper fdfd•Mgf.
Msnager/Supervisor„l'Q G'. 84.160 120 120 160 Super, 180 N/A t60 f2o 100 to 200 160 10010160 1200226
rte: . (GS 12/13) Level 6.7 Lower Mld•Mgt,
x31 j
Professlonal/Teohntoal/Analyst'tOQ 65.90 160 N/A 100•Non super. N/A N/A N/A 120 12010 230 160 10010 126 10010 200
(GS 12/13) Profesalonal
Ft
Supervisor/Foreman/ Execuilve Wk',t00W-l 64.140 120 120 100-Non super. N/A 132 N/A 120 too 160 100 to 125 10010 200
Peofesslonol
Secrets Admin, Assistant,..,., GS 12/13)
Ir 3 coon PIm Workstallona, x,^ tx {
r Manager/Supervisor s illlAr y 64.140 100 120 160-Super, 102 132 too N/A 801000. 164 10010 126 100 to 200
Q (GS 12/13) Mgr./l,evr 6 Profeeelonal
k' 35.85 60 120 100-Non super. 70 84 too N/A 801000 80 to 128 78
Professlonel/Technloal/Analyst 100 10 200
A+a~ p100 to oval
(GS 12/13} Analyst
Supervisor/Foreman 76 64.80 65 120 100•Non super. 70 132 100 N/A 80 100 to 126 100 to 20x1
MW (GS 12/13) °folesslonal
f Inveetlgator/Inlem 2685 65 110 7&Non•super, 70 84 N/A 65 65 to 128 75 80 to f26 T
}
(G8 7/11) Technical
n.p za4ns4
Secretary r~ 25.65 65 110 6010 90 70 64 N/A 65 461080 64 to 86 7810 100 6010 90 i
Clerloal
Clerk; Lead/Supe ylsor X,! 26-65 65 70 5010 90 $8 64 N/A 40 to 80 se 8010 110 90 `
( Operalor/Dlepatcher/Help Desk fyt5~ { 26.65 60 70 37 to 65 36 84 40 to 60 41 to 67 65 60
{9,` 60 1
Attendant/Clerk; service counter 26.65 N/A N/A N/A 40 to 00
3 ~5
Enplneer/lkaNingworkelallon ~~r;9d~ 88 80 60to DO 88 64 to 86 85
CAD or manual Similar Similar } !
NOTE: 'Slmiler'relero to a standard with elmilar funollons and/or components as the standard being revlewod. S
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RECOMMENDATION AND COMPARISON UFSPACE STANDARDS FOR THE CITY OF DENTON 11/13/91
Pfopoced. Existing GOVERNMENTAL. CORPORATION STANDARDS REFERENCE BOOKS
Office, City of city of Dallas County Stale of Texas G.&A. Amerloan South• r'ederal Greyhound Time Ossl nbrc! Plannina the Plenning
the
orks tloq Oenkan Denton Space Purchasing & Standards Aldlnes western Homo Loan Corporate Saver ft2 NM Eleolronio
or Area `~SpaOS°s! Space (Sq. Fool) Gen. Services Corporate Bell Bank Standards Standards ; ;~fmZater~ Corporate Office
Standards Uses Standards Standards Standards Standards Standards 01ce ead ue er
4 e aral Use/PO Open
Workstetlon $5 ' 35 35 37 to 65 36 to 64 4110 48 40 to 65
Similar
5 Crew Room
SF per person ff 6 Reception/Welting yWloa (fh Varies wllh Varies with
I %oftotalarea adrfcllafi`r, 32288 fuiiollon department 0.5%to1.0%
14 SF% z SF 10 SF/ 10 SF/ 10 SF/ 16 SF/
SF per VI alter VIS13t1Lx» Visitor Visitor Visitor Vieltdr
7 Conference oornsl MW clrxb', Min. one per I per 25 I per60
of total employees per 1, PAR 247308 floor and one emptoyees employees
f conference roam; 6paNSen SF per Cowl with a min,
1 per floor.
Simi SF per person 20 SF/ 20 SF/ 16(026 18 to 25 1510 25 20 to 26
accommodated In room Petiaft Person Person SF Person SF Parson
S!= Person SF Person
B BteakRunoh Room MIn€0t19 Mtn! One Vades whh
%ol total area! cotnrSl"o(1 96.500 common area N/A N/A department
v prfHOVP SF per floor 20 SF/ 18 to 26 SF 2010 25 $F
SF per person In room; 2077 Pef' 20 SF Person Person
(Similar (Similar)
0 Training mr SF/per opt 476{r80 30 SF/ N/A N/A 251035 25 t0 40
acoommodated in room E '
ireO SF Person SF Person SF Person
10 S amps,
% of total spacer r 5%
36" Logal LAterial Afe/SF g~~10 10 7 9 10 ,
Legal Vertical III#/SF
42' Open storage shoes/SF 10 7 0 8
Closed storage oabinet/SFit7 ` N 10 9 10
Flat file SP br3t5 z?' 36 26 10
35
11 Internal Clrculatlont a ;
Alowarlca for Inferior office w ! 15% for 10 % for None given 26 % to 16% for 10% to 25% 16% lot
spsceolrculatlon and plan layout V ICI circulation circulation, 36% oirculalloo circulation r
Dose not Include public corridors '(prl + 115% for undeflnud % + 15% for + 8%f0r
mechanical or service areas 1 ( Ian layout far plan layout
Ian la ut Ian layout
1
12 Preliminary Planning S P „ ; j
Per workstation without any "x 140 SF/ If
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factors 101 support spaces Poison 1
Per workstation with factorss'
for support spaces such as 100 SF/
coal, rooms storage, eto
Person _
NOTE: 'Similar'rofers to a standard with similar functions end/or components as the standard being reviewed,
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