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2017-12-19 Agenda with Backup
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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 17-1707,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the development of an ethics ordinance including, but not limited to, a discussion on applicability, a policy statement, oversight function, staff support of the oversight function, training, and advisory opinions from attorney Alan Bojorquez. City of DentonPage 1 of 1Printed on 12/15/2017 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Bryan Langley DATE: December 19, 2017 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the development of an ethics ordinance including, but not limited to, a discussion on applicability, a policy statement, oversight function, staff support of the oversight function, training, and advisory opinions from attorney Alan Bojorquez. BACKGROUND On November 14, 2017, the City Council directed staff to hire attorney Alan Bojorquez to assist in the creation of an ethics ordinance. The process for the creation of an ordinance is to hold an estimated seven (7) meetings from December 2017 to March 2018. The first meeting, held on December 5, 2017, was a training session in which Mr. Bojorquez discussed ethics in general, state laws governing official conduct, and common characteristics of municipal ethics ordinances. Over the next four (4) meetings staff proposes that the City Council give direction on a number of elements that are commonly found in an ethics ordinance. A proposed outline and schedule is included as Exhibit 2, but is subject to change depending on the discussions during the meetings. The schedule has been modified from the Option C proposed on December 5, 2017, k, to include a meeting on Saturday, January 27 and remove meetings on Wednesday, January 17 and Tuesday, January 30. As directed, staff has drafted the agenda to allow for Council to suspend the Rules of Procedures to provide an opportunity for public comment at Work Sessions where the ethics ordinance will be discussed. Additionally, staff will add an ethics ordinance page on the website by Friday, December 15 that will include an area for public comment and as public comments are received they will be included in the agenda backup materials. Included as Exhibit 3 is a worksheet on the topics that will be discussed during the meeting, providing information on those topics, and also questions to facilitate in the discussion. A presentation is being prepared for the meeting that follows the worksheet outline and will be forwarded to the City Council on Monday, December 18. ESTIMATED SCHEDULE OF PROJECT Based on the proposed schedule, the drafting of an ethics ordinance could be completed by March 20, 2017 depending upon City Council discussion and direction. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 14, 2017- City Council directed staff to hire attorney Alan Bojorquez. December 5, 2017- The first meeting with attorney Alan Bojorquez was held. FISCAL INFORMATION The estimated cost based on the current schedule is approximately $28,000. Any additional meetings would be at a cost of $4,000 each and not-to-exceed $40,000 total. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence EXHIBITS Exhibit 1- Agenda Information Sheet Exhibit 2- Outline and Schedule Exhibit 3- Ethics Worksheet Module 1 Respectfully submitted: Bryan Langley Deputy City Manager Prepared by: Charlie Rosendahl Management Analyst Ethics Ordinance Drafting Process: Proposed Outline 5ğƷĻ 5ğǤ {ƷğƩƷ źƒĻ aĻĻƷźƓŭ hǒƷƌźƓĻ Dec 19 Tuesday 1 pm 1.Discussion Topics Applicability Policy Statement Oversight Function Staff Support of the Oversight Function Training Advisory Opinions Jan 27 Saturday 9 am 1.Report on Previous Meeting 2.Discussion Topics Conflicts of Interest Gifts, Honoraria, Travel, Meals, Entertainment Outside Employment (offers, soliciting, moonlighting, revolving door) Representation of Others Improper Influence Feb 6 Tuesday Noon 2 pm 1.Report on Previous Meeting 2.Discussion Topics Abuse of Information Abuse of Resources Abuse of Position Hindrance (thwart or interfere) Disclosures Feb 20 Tuesday Noon 2 pm 1.Report on Previous Meeting 2.Discussion Topics Complaints Sanctions Dismissals 3.Review of Draft Mar 6 Tuesday Noon 2 pm 1.Review of Draft 2.First Public Hearing Mar 20 Tuesday Noon 2 pm 1.Review of Draft 2.Second Public Hearing NOTE: This is a general outline and is subject to change based on how the discussions proceed with City Council. L.A.R.I.A.T. TM Ethics Ordinance Worksheet: Module #1 TM City of Denton’s Code of Ethics City Council Work Session Tuesday, December 19, 2017 Discussion Items: 1.Applicability 2.Policy Statement 3.Oversight 4.Staff 5.Training 6.Advisory Opinions Section 1.Applicability: Whois covered? A.Questions: 1.Which municipal personnelshould be covered by theCodeof Ethics (“Code”)? Mayor &CouncilMembers of Boards & Committees Manager &Department Volunteers Heads Consultants & Vendors Employees Candidates 2.Do you prefer rules that apply: uniformly to everyone covered; or to varying degrees depending on the position? B.SampleLanguage: Example #1 This code applies to city councilmembers, commissioners, employees,candidates for the city council, and volunteers appointed by the mayor and confirmed by the city council. City of Lakeway§ 2.04.001 \[Introduction\] Example #2 To implement the purposeand principles of conduct set forth in this section, thecity council has determined that it is advisable to enactthis code of ethics for all city officials, employees, andpersons doing business with the city, to serve as astandard for official conduct and as a basis fordiscipline.City of Dallas§12A-1 \[Implementation\] C.Notes: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Bojorquez Law Firm, PC ©Worksheet: Module #1December 19, 2017 for the City of Denton, TexasCode of Ethicspage 2 Section 2.Policy & Purpose Statements:What’s the point? A.Questions: 1.What is the City Council’s goal in enacting the Code? _________________________ _____________________________________________________________________ 2.What is the overarching policy? __________________________________________ _____________________________________________________________________ 3.What are the top 5 purposes of the Code? 1)__________________________________________________________________ 2)__________________________________________________________________ 3)__________________________________________________________________ 4)__________________________________________________________________ 5)__________________________________________________________________ B.Sample Language: Example #1 It is hereby declared to be the policy of the city that the proper operation of democratic municipal government requires that public officials and employees be independent and impartial; that the governmental decisions and policy be made in the proper channels of the governmental structure; that no officer, employee or member of any commission should have any interest in, or conflict with the proper discharge of public duties; and that public office should not be used for personal gain. To implement such a policy, the city council deems it advisable to adhere to a code of ethics for designated officials, 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. City of Lakeway§ 2.04.002 \[Policy Declaration\] Example #2 (a)General policy statement. It is the policy of the city that all city officials and employees shall conductthemselves both inside and outside the city's service so as to give no occasion for distrust of theirintegrity, impartiality ordevotion to the best interest of the city and the public trust which the city holds. (b)Appearance of impropriety.Public service is a public trust. All city officials and employees are stewardsof the public trust. They have a responsibility to the citizens of the city to administer and enforce theCity Charter and city ordinances. To ensure and enhance public confidence in city government, eachcity official and employee must strive not only to maintain technical compliance with the principles ofethical conduct set forth in this article and in state law, but also to avoid the appearance of impropriety at all times. Bojorquez Law Firm, PC ©Worksheet: Module #1December 19, 2017 for the City of Denton, TexasCode of Ethicspage 3 (c)This code of ethics has five purposes: 1)to encourage ethical conduct on the part of city officials and employees; 2)to encourage public service with the city; 3)toestablish standards for ethical conduct for city officials and employees by defining andprohibiting conduct that is incompatible with the interests of the city; 4)to require disclosure by city officials and employees of their economic interests that may conflictwith the interests of the city; and 5)to serve as a basis for disciplining those who fail to abide by its terms. (d)This code of ethics is not intended to be used as a political weapon or to intimidate or embarrassaffected persons. The officials charged with administration of this code of ethics shall administer it ina manner that avoids any such use of this code of ethics. City of San Marcos,§2.421 \[Policy and purposes\] Example #3 (a)All city officers and employees have a fiduciary duty to the citizens of the city to be ethical in fulfilling the responsibilities of their positions. At the very least, being ethical includes being disposed to comply with all laws that apply to one's position. (b)Ethical conductis motivated by sources inside and outside the law. The Texas local government, Election and Penal Codes regulate aspects of the conduct of city officers and employees. However, as ethical conduct is more than complying with state codes, the city stronglyencourages all of its officers and employees to maintain the highest personal values and standards. While it is impossible to establish specific and exhaustive standards for all situations, the standards established in this chapter are minimum standards below which no city officer or employee's conduct should fall. This chapter has the following purposes: 1)to establish an ethics review commission; 2)to maintain and improve standards of public service; 3)to improve public confidence in the integrity of city government; 4)to provide a process by which officers and employees may identify and resolve ethical issues; 5)to avoid conflicts between the personal interest and the public responsibilities of city officers and employees; 6)to establish minimum standards of conduct to be adhered to by city officers and employees; 7)to require disclosure of private financial interests by certain individuals; 8)to require reporting of certain gifts received by certain individuals; 9)to provide for complaints and resolution of ethical issues and concerns; and 10)to provide penalties for failure to adhere to the minimum standards set forth in this chapter. City of El Paso, §2.92.010 \[Policy and purpose\] Bojorquez Law Firm, PC ©Worksheet: Module #1December 19, 2017 for the City of Denton, TexasCode of Ethicspage 4 Example #4 a)It is hereby declared to be the policy of the city that the proper operation of democratic government requires that public officials and employees be independent, impartial and responsible only to the people of the city and that governmental decisions and policy should bemade in the proper channels of the governmental structure. To implement such a policy, the citycouncil deems it advisable to enact this Code of Ethics for all officers, employees and advisoryboard members, whether elected or appointed, paid or unpaid, to serve not only as a guide forofficial conduct of the city’s public servants, but also as a basis for discipline for those who failto abide by its terms. This Code of Ethics is cumulative of other ordinances, City Charterprovisions and state statutes defining and prohibiting conflict of interest. This §2-236 isintendedto reflect the general intent behind this Code of Ethics and shall not be deemed to be a part of the Code of Ethics or serve as a basis for a violation of this Code of Ethics. b)This Code of Ethics has five primary purposes: 1)to encourage high ethical standards in official conduct by officers, employees and advisory board members; 2)to establish minimum standards of conduct for officers, employees and advisory boardmembers; 3)to establish an ethics review commission; 4)to provide a process for the filingand resolution of complaints asserting violations ofthis article; and 5)to provide sanctions for violations of this Article. c)This Code of Ethics is not intended to be nor shall it be used as a political weapon to intimidate or embarrass any person covered herein. City of Fort Worth§2-236 \[Declaration of Policy\] Example #5 It is found and declared that accepting a position as a publicofficial carries with it the acceptance of trust that the official will work to further the public interest. Maintaining that public trust is critical to the continued operation of good government. In addition, public decision-making should be open and accessible to the public at large. To preserve this public trust, there are five principles to which public officials should adhere: 1)acity official should represent and work towards the public interest and not towards private/personal interests; 2)acity official should accept and maintain the public trust (i.e.. must preserve and enhance the public's confidence in their public officials); 3)acity official should exercise leadership, particularly in the form of consistently demonstrating behavior that reflects the public trust; 4)acity official should recognize the proper role of all government bodies and the relationships between the various government bodies; and 5)acity official should always demonstrate respect for others and for other positions.City of Baytown§2-801 \[Legislative Findings\] Bojorquez Law Firm, PC ©Worksheet: Module #1December 19, 2017 for the City of Denton, TexasCode of Ethicspage 5 Example #6 The city councilfurther believes that an elected or appointed official ofthe city assumes a public trust and should recognizethe importance of high ethical standards within the organization they lead or support. Essential values andethical behaviors that an elected or appointed officialshould exemplify include the following: 1)commitment beyond self. 2)obedience and commitment beyond the law. 3)commitment to the public good. 4)respect for the value and dignity of all individuals. 5)accountability to the public. 6)truthfulness. 7)fairness. 8)responsible application of resources. City of Dallas§12A-1 \[Principles of Conduct\] C.Notes: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Bojorquez Law Firm, PC ©Worksheet: Module #1December 19, 2017 for the City of Denton, TexasCode of Ethicspage 6 Section 3.Oversight: Who implements & enforces the Code? A.Questions: 1.Should the City designate someone to administer the Code?YES orNO ? 2.If yes, should the City provide for a: Compliance Officer (Employee) Compliance Auditor (Independent Contractor) Board of Ethics (Ethics Commission) Other: _______________________________ 3.If yes, what functions do you anticipate them performing? Monitor Conduct within the City EvaluateDisclosure Forms as Filed Prepare and Conduct Training Provide Enforcement(Investigations, Adjudication, Consequences) Recommend revisions or additions to the Code of Ethics Proscribe Forms Issue Advisory Opinions 4.If you choose a Board: (a)Size:How many members?______________________________ (b)Eligibility: Who can be members?______________________________ (c)Appointment:How are they appointed? ______________________________ (d)Terms: How long can they serve?______________________________ (e)Qualifications:Any vocations or skills?______________________________ (f)Exclusions:Any prohibitions?______________________________ 5.If you choose to grant someone oversight, what is the scope of their jurisdiction? Code of Ethics State Law Other: ____________________________________________________________ 6.If you choose to grant oversight, who is within their jurisdiction? Mayor & CouncilVolunteers EmployeesConsultants & Vendors Boards & CommitteesCandidates Bojorquez Law Firm, PC ©Worksheet: Module #1December 19, 2017 for the City of Denton, TexasCode of Ethicspage 7 B.Sample Language: Example #1 There is created an advisory board which shall assist and advise the city council and/or the city manager on matters pertaining to the city's code of ethics contained inchapter 2, article VIII of this Code. The commission shall be known as the ethics commission and shall have no rule-making, judicial authority, but shall be solely advisory in nature. City of Baytown §2-589 \[Created; Purpose\] The ethics commission shall consist of five members who will be appointed by the city council from the membership of the Bay Area Ministerial Alliance and serve without compensation. City of Baytown§2-590 \[Composition; Term\] Example #2 An ethics review commission is established, to be composed of seven members, all of whom will residein the city. Members of the commission will be appointed for staggered three-year terms, and will serve untiltheir respective successors are appointed.City of San Marcos§2.441 \[Established\] Example #3 (a) Creation.There is hereby created an ethics review commission (“ERC”). The ERC shallbe composed of five persons, each of whom shall be appointed by majority vote of the citycouncil. (b) Qualifications. 1)All members shall be residents of the city who are at least 18 years of age. At least onemember of the ERC shall be an attorney licensed to practice in the State of Texas. As nearly as isreasonably possible, the membership of the ERC shall be fairly representative of all of theseveral economic, religious, cultural, ethnic and racial groups that comprise the population of thecity. The city council may solicit community, civic and professional organizations in the city tomake suggestions for appointments to the ERC 2)Additionally, no member of the ERC may be: a)amember of the city council or the spouse or domestic partner of a member of the citycouncil; b)an employee or the spouse or domestic partner of an employee; c)an elected public official; d)acandidate for elected public office; or e)amember of another city board, commission or committee if the ERC has jurisdictionunder this Article to review the conduct of that person as a member of such other board,commission or committee. Bojorquez Law Firm, PC ©Worksheet: Module #1December 19, 2017 for the City of Denton, TexasCode of Ethicspage 8 c)Terms.ERC members shall be appointed to two-year terms, which may be staggered. Nomember shall be appointed for more than three consecutive full terms. An ERC member may beremoved at any time and for any reason by majority vote of the city council. City of Fort Worth § 2-240\[Creation & Organization\]. Example #4 (a)All members of the ethics review commission shall be residents of the city. No member shall bea city employee, hold any city elected office or be a candidate for any city elected office. A member may contribute to a city political campaign, but to the extent this prohibition is consistent with the charter, no member shall participate in any city political campaign or in a campaign relating to a city referendum or other ballot issue. (b)No member of the ethics review commission shall be related within the third degree of consanguinity or within the third degree of affinity to a member of the city council or the citymanager. City of El Paso§2.92.030\[Ethics Review Commission\] Example #5 (a)Jurisdiction.The ERC shall have jurisdiction to review and make findings and conclusions concerning an alleged violation of Division 1 of this article and, if a violation ofDivision 1 of this article is determined to have occurred pursuant to the process outlined herein,to levy sanctions in accordance with Division 4. (b) Powers.The ERC shall have the following powers: 1)to establish rules and procedures governing its own internal organization and operations, consistent with this article and the city’s Charter and ordinances; 2)to prescribe forms for reports, statements, notices and other documents required by thisarticle; 3)to cause sufficient copies of this ordinance, and other ordinances, City Charter provisions and state statutes defining and prohibiting conflicts of interest, to be prepared andpublished and see that the same are made available to officers, employees, advisory boardmembers, elected officials and the general public; 4)to provide or assist in providing orientations to officers, employees and advisory boardmembers concerning the provisions of this article; 5)to review all statements and reports filed with the ERC in order to obtain compliancewith this article; 6)to direct the city secretary to preserve statements and reports filed with the ERC for aperiod of five years from the date of receipt; 7)to review this article when deemed necessary and make appropriate recommendationsto the city council; 8)to request the city attorney’s interpretation of or opinion on any provision of this articleexcept in cases involving a complaint filed in accordance with this article, in which case § 2-248shall apply; 9)in accordance with this article, to review, conduct hearings and make determinationsregarding all sworn complaints alleging violations of Division 1 of this article by persons otherthan members of the city council; Bojorquez Law Firm, PC ©Worksheet: Module #1December 19, 2017 for the City of Denton, TexasCode of Ethicspage 9 10)in any hearing conducted pursuant to this article, to administer oaths and affirmations,take evidence, request and issue subpoenas for witnesses to attend and testify, and request and,subject to § 2-255, issue subpoenas for the production of books, papers, records, or otherevidence needed for the performance of the ERC’s duties or the exercise of its powers; 11)to request the city council and city manager to provide such assistance as the ERC mayrequire in the discharge of its duties; 12)on the ERC’s own motion or at the request of the city council, to report to the citycouncil when deemed necessary concerning the activities of the ERC; and 13)to exercise such other powers and duties as may be established by this article. City of Fort Worth§ 2-241 \[Jurisdiction & Powers\] C.Notes: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Bojorquez Law Firm, PC ©Worksheet: Module #1December 19, 2017 for the City of Denton, TexasCode of Ethicspage 10 Section 4.Staffing: Who staffs the Oversight function? A.Questions: 1.Will city employees be assigned to assistthe Oversight body? YES or NO ? 2.If yes, which Department is tasked withsupportingthe Oversight body? City Manager’s OfficeInternal Auditor’s Office City Attorney’s OfficeProcurement & Compliance City Secretary’s OfficeOther: ______________ B.Sample Language: Example #1 The ethics review commission shall be assigned staff by the city manager to assist in its duties, as the city manager deems necessary. City of El Paso§2.92.030.3.D \[Ethics review commission\] Example #2 The city attorney shall provide such assistance tothe ERC as the ERC shall request except incases involving a complaint filed in accordance with this article.City of Fort Worth § 2- 242 \[Staffing\] Example #3 Compliance Auditor.The Compliance Auditor shall be selected by the Ethics Review Board and appointed by the City Internal Auditor. The Compliance Auditor may be removed from office for cause by the City Internal Auditor only after consultation with the Ethics Review Board. City Attorney's Office.The City Attorney's Office shall perform the following duties: Act as legal counsel to the Compliance Auditor and the Ethics Review Board.Cityof San Antonio §2-84 \[Compliance Auditor and City Attorney's Office\] C.Notes: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Bojorquez Law Firm, PC ©Worksheet: Module #1December 19, 2017 for the City of Denton, TexasCode of Ethicspage 11 Section 5.Training A.Questions: 1.Will you require training? YES or NO ? 2.If yes, is it requiredfor: Mayor & CouncilVolunteers EmployeesConsultants & Vendors Boards & CommitteesCandidates 3.If yes, will the training be: Initially In Person AnnuallyVideo / Paper QuarterlyOther: ____________ B.Sample Language: Example #1 All officials of the city elected or appointed after September 30, 1997, shall receive training as to the provisions of the code of conduct within sixty (60) days following their initial election or appointment. For those city officials whose initial election or appointment to office occurred prior to September 30, 1997, training shall take place within sixty (60) days following any re-election or re-appointment occurring after September 30, 1997. The training shall be conducted annually by either video or live presentation, whichever is most convenient for the official. Upon completion of training, the official shall notify the city secretary of compliance with this section. City of Plano§ 2-100 \[Training\] Example #2 The City Manager shall ensure that thetraining required by this section is made available. (a)The training course and refresher training courses shall be developed and provided by the CityManager or his designees, and be subject to approval as to form by the City Attorney or hisdesignees. (b)The training courses must include instruction in: 1.requirementsrelating to the standards of conduct imposed under this chapter, including,but not limited to, the acceptance of gifts; 2.state penal and other laws that relate to ethical conduct; 3.reporting and disclosure requirements of the ethics ordinance and state law; 4.basic requirements of the lobbying ordinance and facilitating compliance by others with thatchapter; 5.penalties and other consequences for failure to comply with the ethics and lobbyingordinances; and 6.the application of the ethics ordinance to unique situations relating to the board, commissionor committee that the officer has been appointed to, or the Bojorquez Law Firm, PC ©Worksheet: Module #1December 19, 2017 for the City of Denton, TexasCode of Ethicspage 12 application of the ethics ordinanceto unique situations relating to the type of work that an employee does or the department heis assigned to. (c)The courses of training required under this section may be offered through live instruction orthrough the use of a video-recorded presentation. City of El Paso§ 2.92.120 \[Ethics Training\] Example #3 (a)Within 30 days after entering upon the duties of his position, every new city official shall be furnished a written copy of this article. The failure of any city official to receive a copy of this article shall have no effect on that city official’s duty to comply with this article or on the enforcement of the provisions of this article. This article shall be posted on the city's webpage. (b)The city attorney, in consultation with the ethics commission, shall develop educational materials and conduct educational programs on this article for city officials. Such materials and programs shall be designated to maximize understanding of the obligations imposed by this article. (c)The city manager and department of human resources shall enact an administrative directive requiring that all departments provide their employees with training on this article and/or employees' ethical obligations at least once every other calendar year. (d) The city attorney shall notify department directors regarding any significant amendments to this article within ten days of adoption. Department directors shall disseminate the information to their employees, who are city officials under this article. City of Baytown§2-808 \[Distribution and Training\] C.Notes: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Bojorquez Law Firm, PC ©Worksheet: Module #1December 19, 2017 for the City of Denton, TexasCode of Ethicspage 13 Section 6.Advisory Opinions A.Questions: 1.Do you want a process for the issuance of Advisory Opinions?YES or NO ? 2.If yes, who should issue Advisory Opinions? City AttorneyOutside Counsel Board of EthicsOther: ________ 3.If an option,do Advisory Opinions provide an affirmative defense? YES or NO? B.Sample Language: Example #1 By written request to the city attorney, any officer may request an advisory opinion regardingwhether his own proposed actions or conduct would violate this chapter. The city manager mayalso request an advisory opinion regarding the proposed actions or conduct of one or moreemployees. Such requests shall be submitted in writing to the city attorney. Within 30 days ofreceipt, the city attorney shall call a meeting of a panel of the ethics review commission in thesame manner as provided in section 2.92.080 H of this Code, for the purpose of addressing therequest. The panel shall, with all due diligence, meet and confer to issue an advisory opinion;provided however, the panel may, for good cause shown, decline to issue an advisory opinion, orthe panel may refer the matter to the commission as a whole. City of El Paso§ 2.92.030.F \[Ethics review commission\] Example #2 (a) The board is authorized to issue advisory opinions. (b) Advisory opinions are written rulings regarding the application of this code to a particularsituation or behavior. Advisory opinions can only be issued in response to the receipt of a writtenrequest from any official. (c) Requests for advisory opinions satisfying the requirements of this section will be referred bythe city secretary to the board chairperson.City of Lakeway§2.04.164 \[Advisory Opinions\] Example #3 TheCityAttorney'sOfficeshallperformthefollowing duties:Issue advisoryopinionsto City officialsand employeesabout the requirementsimposed by theethicslaws. City of San Antonio§2-84\[ComplianceAuditorandCityAttorney'sOffice\] Example #4 The commission shall render advisory opinions on potential conflicts of interest orviolation of this article at the request of a public official or employee subject to the terms of this Bojorquez Law Firm, PC ©Worksheet: Module #1December 19, 2017 for the City of Denton, TexasCode of Ethicspage 14 article.The opinion must relate to an action proposed to be taken by the person requesting the opinion. City of San Marcos§ 2.443. \[Authority and Duties\] Example #5 Apersonwhoreasonablyandingoodfaithactsinaccordancewithanadvisoryopinion issuedbytheEthicsReviewBoard\[or the City Attorney\] maynotbefoundtohave violatedtheethicslawsbyengaginginconductapprovedintheadvisoryopinion, providedthat: (a)He orsherequestedthe issuanceoftheopinion; (b)Therequestforan opinion fairlyandaccuratelydisclosedallrelevantfacts;and (c)Less than five(5) yearselapsed betweenthedate theopinion was issuedand thedateof the conduct in question.City of San Antonio§2-89 \[AdvisoryOpinions\] C.Notes: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Bojorquez Law Firm, PC ©Worksheet: Module #1December 19, 2017 for the City of Denton, TexasCode of Ethicspage 15 M N � L �..L � � J N � 7 � O O m X � c O c a� � 0 � U