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HomeMy WebLinkAbout25-577ORDINANCE NO. 25-577 AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CODE OF ORDINANCES, RELATED TO CHAPTER 2, TITLED “ADMINISTRATION,” ARTiCLE XI, TITLED “ETHICS,” TO RESTRUCTURE THE DEFINITION OF CONFLICT OF INTEREST, SET A TIMELINE BY WHICH CONFLICT OF INTEREST DISCLOSURES MUST BE FILED, AND CLARIFY THE EVIDENTIARY STANDARD FOR ETHICS COMPLAINT HEARINGS; PROVIDING FOR FINDINGS OF FACT; PROVIDING SEVERABILITY; PROVIDING A REPEALER CLAUSE; PROVDING CODIFICATION; CONFIRMING PROPER NOTICE AND MEETING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 1, 2018, the City Council of the City of Denton enacted a new Code of Ethics to foster a culture of integrity for those who serve the municipality and our citizenry (the “Code”); and WHEREAS, the Code presented the consensus of preferences expressed by the City Council over a period of eight (8) public work sessions, and four (4) public hearings, which were broadcasted. Altogether, the work sessions exceeded twenty (20) hours of deliberations; and WHEREAS, this Code of Ethics applies to the Mayor, City Council, Planning and Zoning, Zoning Board of Adjustment, Historic Landmark Commission, Board of Ethics, Public Utilities Board, Department Heads appointed by the City Council, and Vendors; and WHEREAS, on June 26, 2018, the City Council passed an amendment, clarifying ineligibiiity to serve on the Board of Ethics in Section 2-277; and WHEREAS, on June 2, 2020, by Ordinance No. 20-1035, the City Council repealed the previously adopted Chapter 2, Article Xl, entitled “Ethics,” in its entirety and replaced it with an amended Code. WHEREAS, on January 25, 2022, by Ordinance No. 22-056, the City Council passed an amendment, removing preference qualifications for Members of the Board of Ethics; and WHEREAS, on July 19, 2022, by Ordinance No. 22-1245, the City Council passed an amendment, updating the composition requirements of a panel, clarifying what is included in the contents of an accepted ethics complaint, and clarifying the process for recommending a frivolity hearing; and WHEREAS, on July 18, 2023, by Ordinance No. 23-1165, the City Council passed an amendment clarifying the gift disclosure requirements, adding to the definition of conflict of interest recent offers of employment, clarifying the process to submit business disclosures, and requiring the City Auditor to provide a copy of an Accepted Complaint to the Complainant; and WHEREAS, on December 12, 2023, by Ordinance No. 23-2251, the City Council passed an amendment eliminating alternate member positions on the Board of Ethics; and Page 1 of 20 WHEREAS, the Board of Ethics, having heard and decided multiple complaints under the Code, has met over five meetings to discuss proposed changes to the Code; and WHEREAS, the City Council finds the attached amended Code reasonable, necessary, and consistent with the intent of the City Council in drafting the Code of Ethics; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The foregoing recitals are found to be true and incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. SECTION 2. The Code of Ordinances of the City of Denton, a Texas home-rule municipal corporation, is hereby amended by repealing the previously adopted Chapter 2, Article XI, entitled “Ethics,” in its entirety and replacing it with the amended Code as provided in Attachment A, attached hereto and incorporated into this Ordinance. SECTION 3. 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. The City Secretary is hereby directed to record and publish the attached rule, regulation, and policy in the City’s Code of Ordinances as authorized by Section 52.001 of the Texas Local Government Code. SECTION 5. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. SECTION 6. This ordinance shall become 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 ]: Page 2 of 21 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: V/ -L 7 -L J £ ,/ PASSED AND APPROVED this the 15th day of April, 2025. GERARb HUDSPETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY t\\\\ IIII / //if 'Yaw'& t, Ihk APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY .„34b Deputy City Attorney S Itt Bray Page 3 of 21