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HomeMy WebLinkAbout25-580ORDINANCE NO. 25-580 AN ORDINANCE OF THE CITY OF DENTON CONFIRMING THE PROPOSED AMENDMENTS TO THE BOARD OF ETHICS’ RULES OF PROCEDURE AS REQUIRED BY THE CODE OF ORDINANCES, CHAPTER 2, ARTICLE XI, SECTION 2-277(k) TO ALIGN THE PARTIES’ PERMISSION TO LEGAL COUNSEL WITH THE CODE OF ORDINANCES AND CLARIFY THE EVIDENTIARY STANDARD FOR ETHICS COMPLAINT HEARINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, on May 1, 2018, the City Council of the City of Denton passed Ordinance Number 18-757 creating a new Article Xl to Chapter 2 of the Code of Ordinances (the “Ethics Ordinance”); and WHEREAS, Section 2-277(k) of the Ethics Ordinance obligates the Board of Ethics to adopt rules of procedure governing how to conduct meetings and hearings, and such rules are subject to confirmation or modification by the City Council; and WHEREAS, the Board of Ethics approved the attached procedural rules on September 17, 2018, finding them to be reasonable, prudent, and necessary to conduct efficient, effective, and fair meetings and hearings; and WHEREAS, the City Council held a Work Session on October 23,2018 to consider the Board of Ethics’ rules of procedure subsequently confirmed the rules of procedure through Ordinance Number 18-1839 on November 6, 2018; and WHEREAS, the City Council held a Work Session on June 7, 2022 to consider the Board of Ethics’ Rules of Procedure subsequently confirmed the rules of procedure through Ordinance Number 22-1246 on July 19, 2022; and WHEREAS, the City Council confirmed reasonable rule related to the provision of public comment for regular Board of Ethics meetings through Ordinance Number 23-1166 on July 18, 2023; and WHEREAS, on December 12, 2023, by Ordinance No. 23-2324, the City Council passed an amendment eliminating alternate member positions on the Board of Ethics; and WHEREAS, since that time, the Board of Ethics has been operating under the Rules of Procedure and held several work sessions to discuss potential amendments; and WHEREAS, the City Council gave direction during a Work Session held on March 4, 2025, to remove language permitting a Complainant or Respondent to be represented by another representative who was not legal counsel and clarify the evidentiary standard for Ethics Hearings; and WHEREAS, the City Council finds the attached amendments to be reasonable, prudent, and necessary to conduct efficient, effective, and fair meetings and hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. FINDING OF FACT. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. SECTION 2. CONFIRMATION OF AMENDMENT. The City Council hereby confirms the amendments to the attached Rules of Procedure for the Board of Ethics, pursuant to the Code of Ordinances, Chapter 2, Article XI, Section 2-277(k), as shown in Attachment A, attached hereto and incorporated into this Ordinance. SECTION 3. SEVERABILITY. Should any of the clauses, sentences, paragraphs, sections, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. SECTION 4. EFFECTIVE DATE. This ordinance shall be effective immediately upon its passage and approval. The motion to approve this ordinance was made by Jill Jester and seconded by Joe Holland, the ordinance was passed and approved by the following vote [ 7 - 0 ]: Aye ,/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 :.,/ / ,/ ,,/ ,/ Brian Beck, District 2: Paul Meltzer, District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5: Jill Jester, At Large Place 6: PASSED AND APPROVED this the 15th day of April, 2025. SPY ATTEST: LAUREN THODEN, CITY SECRETARY q11111\\\IIII ON t BY: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Scott Bray Deputy City Attorney