2020-047 Ethics OrdinanceDate: May 8, 2020 Report No. 2020-047
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Ethics Ordinance and Rules of Procedure Amendments
BACKGROUND:
Over the past year, the Board of Ethics discussed several potential amendments to the Ethics
Ordinance, which was originally adopted on May 1, 2018. A list of these proposed amendments
can be seen in the attached Ethics Ordinance Letter from the Board of Ethics Chair, Lara Tomlin.
These amendments are currently scheduled to be presented to the City Council during Work
Session on May 19.
These changes will also impact the Board of Ethics’ Rules of Procedure, which are summarized in
the attached Rules of Procedure Letter. These changes were presented to City Council on
October 22, 2019 during which Council directed the Board to formalize the changes.
It should be noted that the Board has discussed the definitions of Conflict of Interest and Pending
Items several times and has yet to take a vote. It is staff’s understanding that a consensus on these
items has not been reached and that the Board would like to move forward with finalizing the
proposed amendments without addressing these issues.
CONCLUSION:
The Board of Ethics would like to move forward with finalizing the proposed amendments to the
Ethics Ordinance and Rules of Procedure without the outstanding items. If Council prefers a
different plan of action, please contact Madison Rorschach by Tuesday, May 12. Otherwise, staff
will proceed with the planned work session for May 19.
ATTACHMENT(S):
1. Ethics Ordinance Letter
2. Rules of Procedure Letter
STAFF CONTACT:
Madison Rorschach
Staff Auditor
Internal Audit Department
(940) 349-7228
Madison.Rorschach@cityofdenton.com
Board of Ethics
215 E. McKinney St., Denton, TX 76201 (940) 349-8531
OUR CORE VALUES
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March 4, 2020
City Council Members
215 E. McKinney Street
Denton, Texas 76201
Honorable Members of the City Council,
The City of Denton Board of Ethics reviewed and discussed Council Member Jesse Davis’
proposed amendment to the Ethics Ordinance, Ch. 2, Article XI (Ethics), § 2-269. The
majority of the board voted in favor of that amendment.
Further, the City of Denton Board of Ethics recommends the following amendments to
the Ethics Ordinance to the City Council for consideration:
• under 2-273(a)(1) – change “and a majority” to “where a majority”;
• under 2-275(b) (Legal Counsel) - “The City Attorney shall provide legal support to
the City Auditor and the Board of Ethics in the administration of this Article.” The
Board recommends adding a subsection that Special Counsel shall be
engaged “when action is being taken by the Board of Ethics regarding any
council member” due to the conflict in the City Attorney’s representation
of City Council and legal support the City Attorney provides the City
Auditor and the Board of Ethics;
• replace term “Accused” with “Respondent” throughout the ordinance;
• under 2-279(i) (Complaints) – “Within five (5) business days of determining that a
Complaint is administratively complete and timely, the City Auditor shall send a
written notification of acceptance to the Complainant, the Respondent, and the City
Attorney.” The Board recommends amending this sentence by adding the
phrase, “and a copy of the complaint to the Respondent”;
• under 2-279(l) (Complaints) - The Board recommends adding a protection
(per the attached draft Ordinance) against retaliation for “any person
2
who files a complaint regarding an alleged violation of this Article, or
testifies, assists, or participates in any manner in a proceeding or hearing
under this Article.”;
• under 2-269 (Definitions) - The Board recommends adding a reference to
the Texas Government Code section that defines 3rd degree affinity and
consanguinity to the definition of “Relative”; and
• under 2-284(b) (Nepotism) - The Board recommends removal of section 2-
284(b) “Department Supervisor” as the Ethics Code does not apply to that
position.
Respectfully submitted,
Lara Tomlin
Chair, Board of Ethics
CC:
Aaron Leal, City Attorney
Todd Hileman, City Manager