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2012-10-12 Ethics Committee AgendaAGENDA CITY OF DENTON CITY COUNCIL ETHICS COMMITTEE October 12, 2012 Ethics Committee Meeting of the City of Denton City Council on Friday, October 12, 2012 at 2:30 p.m. in the City Hall Conference Room at City Hall, 215 E. McKinney, Denton, Texas at which the following items will be discussed: 1. Election of a Chair, 2, Review and give staff direction regarding the current Council Ethics Policy to determine if it warrants updates/changes. 3. Discuss and give staff direction regarding discipline procedures for violations of the Council Ethics Policy. 4. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. CERTIFICATE I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on � 2012 at uu �_ a.m. /p.m. � w_..= � CITY SECRETARY NOTE: THE CITY HALL CONFERENCE ROOM IS ACCESSIBLE 1N ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE 1NTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. S:10ur pocumen6\4ualullone�a6�Etliira Pollcy-AmeniWmIDOC � '�:� � 1 '�..... � �. �" �.��. ��. A RESOLUTION AMENDING THE ETHICS POLIC'Y FOR ELECTED AND APPOINTED OFI'ICIALS FOR THE CITY OF DENTON, TEXAS; PROVIDING AN EFFECTIVE DATE AS, an May 18, 2004 City Council passed Resolution R2004-025 adopting an Ethics Palicy for Elected and Appointed Officials and upon a recommendation by the Council Ethics Sub-committee hereby approves an amendment to the policy as set forth herein, arad E AS, the City Council of the City of Denton acknowledges that our government is a representative democracy and those who are elected or appointed to serve others as representatives accept a public trust that requires them to faithfully an.d diligently fulfill their public responsibilities; a.nd E AS, the City Council of the City of Denton recognizes the those individuals who serve as public servants must adhere to a higher ethical standard of conduct since the activities of government should benefit the community as a whole and should never benefit the individual interest of public decision malcers; NO'VV, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HE BY SOLVES: SECTION 1. That the following ETHICS POLICY for Elected and Appofnted Off�cials — City of Denton, Texas, which shall apply to all elected and appointed officials of the City, is hereby axnended to read as follows: . ';� � •� .i�' � i��ii •� • � f •� �r This Ethics Policy has been adopted to encourage and ensure the highest standards of personal and public conduct during tenure in office. Adherence to this Policy will ma.intain the confidence and trust in the decision-xnal�ers and representatives of the City who must remain independent, impartial, an.d accountable to the people they serve. In additian, eleeted and appointed officials must adhere to Texas state statues and City Charter provisions and City Council Rules of Procedure governing th�eir condu�et: Thes� are listed'�,t'the end'�'o�this Folicy. Thus, elected City Council Members as well as appoi.nted members of the City's Boards and Comm.issions are asked to subscribe to the Texas statutes, City of Denton Charter, Rules of Procedures for City Boards and Cammissions, and this Ethics Policy. 1. As a representat�ve of the City of Denton, I will be ethfcal. I will act wi�li integrity and moral courage. I'wiil be absolutely truiYifuT: I"wilI ina.ke impartial decisions that are free of bribes, unlawful gifts, narrow political interests and other persanal interests that rnight impair my independence of judgment. I will always decide what is best for the whole city. I will respect confidences and information designated "confidentia199 to the e�tent &•bur pocumeotsUt.ecoPutfondO6�Eilelca Poflcy-Aotendmml.DOC permitted by law. I will use my title and city logo or letterhead only when canducting official City business and will not exceed my authority. 2. As a representat�ve of the City of Denton, I wnll be servfce-oriented. I will be friendly, receptive, courteous, and respectful ta everyone. I will be atti�ned to and care about the needs and issues of all Denton citizens. 3. As a representative of the City of Denton, I will be f�scally responsible, I will rnalce prudent decisions, talcing into account the long-term financial needs of the City and its financial stability. I will malce decisions that seek to promote progrrams and services far City residents. 4. As a representat�ve of the Cxty of Denton, I will be communicat�ve. I will communicate that I am approachable, open-nvnded and willing to enter into dialog. I will listen carefully and my response will add value to the conversation. 5. As a representat�ve of the Crty of Denton, I will be cooperat�ve. I will work toward consensus building and gain value from diverse opinions. I will approach my position and relationships with a positive attitude. I will consider the broader regional and statewide implications of decisions. I will work with the Universities, DISD, the Chambers of Commerce, other governmental entities, and local nonprofit agencies and others as partners on CO1TllllOri 15SU8S. 6. As a representative of the City of Denton, I will be progressive and receptive to new fdeas. I will promote intelligent and thoughtful innovat�on wfienever passiiile. I'wiIl tie sensitive td the need for compromise, to think creatively, and improve existing models when necessary. I will keep my lrnowledge of local government current and growing. 7. As a representat�ve of the City of Denton, I wfll not be delinquent in payung monfes owed the City. . I will not be in arrears on any city ta.xes, utility service charges, or other obligations owed the �:1�. Elected officials and appointed off'icials, boards and commissions must adhere ta the following Texas statutes: Civil Statutes Open Meetings Act (Tex. Govt. Code. Ann. Ch. 551) Public Information Act/Open"Records Act` (Tex: GovC� c�a�. Anty., Ch'.� 5s2� Conflicts af Interest (Tex. Loc. Govt. Code, Ch. 171, Ch. 212) Official Misconduct (Tex. Pena1 Code, Ch. 36, Ch. 39) Nepotism (Tex. Rev. Civ, Stat. Ann., arts. 5996a & 5996b) Whistleblower Protection (Tex. Rev. Civ. Stat. Ann., art. 6552-16a) Page 2 of 3 S�tOur Dacmeacntsllterululbn�WG�Ethtcc Poticy-Amendmmt.00C Competitive Bidding and Procurement (espec. Tex. Loc. Govt. Code, Ch. 252) State Penal Laws Bribery (Tex. Pena1 Code, § 36.02) Coercion of Public Servant or Voter (Tex. Penal Code, § 36.03) Improper Influence (Tex. Pena1 Code § 36.04) Tampering with a Witness (Tex. Penal Code § 36.04) Retaliation (Tex. Penal Code § 36.06) Gifts to Public Officials (Tex. Pena1 Code § 36.08) Offering Gift to Public Servant (Tex. Penal Code § 36.09) Abuse of Office (Chapter 39) Official Misconduct (Tex. Penal Code § 39.01) Official Oppression (Tex. Penal Code § 39.02) Misuse of Official Information (Tex. Penal Code § 39.03) Cfty Documents In addition, the City of Denton Charter, the City Cou.ncil Rules of Procedure, House Rules aaid Code of Election Ethics are applicable. The Ethics Policy is desig,ned as a positive guide to the behavior and decoruxn of Council and board members as they represent the citizens of Denton. I will volu.ntarily accept reprimand from my colleagues if I should act contrary to this policy. SECTION 2. This resolution sha11 become effective immediately upon its passage and approval. PASSED AND APPROVED this the �� ' c��" , 2006. " � . — - .�., EUL7NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CTTY SECRETARY BY; � ��.C�� AS �(� LEGAL FORM: �i� : Page 3 of 3 c:ldacuments and settingsljericherldesktoplcommittas reso 3 compere.doc RESOLUTION NO. R2009- Q�� A RESOLUTION RE-ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO BE KNOWN AS THE AUDIT/FINANCE COMMITTEE AND ASSIGNING lT ADDI7"10NAL DUTIES; DISSOLVING THE INVESTMENT COMMITTEE; RESCINDING RESOLUTION NO. R2006-013, R2006-026, AND SECTION V. OF THE ATTACHMENT TO RESOLUT'ION NO. R2008-009; FURTHER, RE-ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL TO BE KNOWN AS THE APPOINTEE PERFORMANCE REVIEW COMMITTEE; RESCINDING RESOLUTION NO. R2007-043; FURTHER RE-ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL TO BE KNOWN AS THE CITY COUNCIL COMMITTEE ON THE ENVIRONMENT; RESCINDING RESOLUTION NO. R2005-040; FURTHER, RE- ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL ETHICS COMMITTEE; FURTHER, ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL HOTEL OCCUPANCY TAX (HOT) COMMITTEE; FURTHER, RE-ESTABL[SHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL MOBILITY COMMITTEE; RESCINDiNG RESOLUTION NO. R2005-041; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, � the City of Denton deems it to be in the best interest of the Ciry and beneficial to enhanced efficiency of governmental operations to consolidate the resolutions and ordinances creating the City Council oversight committees; and WHEREAS, the City Council opines that appointments to Council committees will be made in a more timely fashion upon the consolidation of the resolutions and ordinances creating these City Council committees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: 1`IT�� I. LA�7'1�NC� �'�'i �`H� AUDIT/FINANCE COMMITTEE SECTION 1. History of the Audit/Finance Committee and findings. A, On April 18, 2006, the Denton City Council established an Audit/Finance Committee by Resolution No. R2006-013 (as amended by Resolution No. R2006-026) to act as an advisory body to the Denton City Council to provide governance and oversight of the organization's audit activities, internal controls, and financial and operational reporting. B. On February 17, 1987, the Denton City Council approved a resolution creating an Investment Policy and establishing an Investment Committee by Resolution No. R87-019. c:ldocuments end senings�jerichaAdesktoplwmminees rcso 3 comparc.doc C. The City Council is of the opinion and hereby finds, that it is in the public interest that an Audit/Finance Committee be re-established and that such Committee should meet regulazly to determine general investment strategies and to monitor such results. SECTION 2. Re-establishment of the Audit/Finance Committee and statement of duties and purpose of the Committee. A. The City Council hereby re-establishes a standing Audit/Finance Committee to be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council.. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to assist the City Council in fulfilling its organizational oversight responsibilities relating to the audit function, the investment function, and any other financial related activities as delegated by the City Council. Further, the Committee shall assist Council in its oversight duties related to the City's internal audit function as needed or as directed by Council. SECTION 3. The Investment Committee shall be dissolved and its duties and responsibilities are included in the duties of the Audit/Finance Committee as outlined in Section 2.C. i��"i�l'� �. Resolutions No. R2006-13, R2006-026 and Section V. of the attachment to Resolution No. R2009-006 are hereby rescinded. T7TL1� ��, 1�A�"1�G °�� T�I� CITY COUNCIL APPOINTEE �"E�'47�Ir�1'�C� �VIEW COMMITTEE SECTION l. History of the City Council Appointee Performance Review Committee and findings. A. On December 11, 2007, the Denton City Council re-established the City Council Appointee Performance Review Committee by Resolution No. R2007-043 to act as an advisory body to the Denton City Council to recommend performance review standards to the Ciry Council for City Page 2 of 8 c:ldocuments end settings\jericharldesklop\committas reso 3 comperc.doc Council appointees, to include the City Manager, City Attorney, Municipal Court Judge and City Auditor. B. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. SECTION 2. Re-establishment of the City Council Appointee Performance Review Committee and statement of duties and purpose of the Committee. A. The City Council hereby re-establishes the City Council Appointee Performance Review Committee as a standing committee of the City Council. The Committee shall consist of three (3) City Council members to be appointed by the Mayor of the City of Denton, and approved by the Denton City Council. The City Manager will be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to assist the City Council in performance review of the City Council appointees and to insure that the appointees' job descriptions are accurate and properly reflect current job duties in order to make recommendations to the City Council to assist the Council in evaluating the job performance of the Council Appointees. Additionally, the Committee will make recommendations regarding employment agreements, including renewals, of council appointee positions and any other duties as assigned by the City Council. SECTION 3. Resolution No. R2007-043 is hereby rescinded. T�T�,E TII. ��1�'l`i�f� `�C� Ti-i� GC7MN�iTT�� i THE ENVIRONMENT SECTION 1. History of the Committee on the Environment and findings. A. On October 18, 2005, the Denton City Council established the City Council Committee on the Environment by Resolution No. R2005-040 to act as an advisory body to the Denton City Council to address issues facing the Council that deal with Denton's stewardship, management, and conservation of environmental issues, environmental resources and related matters. Page 3 of 8 c:\dceumcnls and senings\jericharldesAtop\committees rao ] compare.doc B. The City Council is of the opinion and hereby finds, that it is in the public interest that the City Council Committee on the Environment be re- established as a standing committee and that such Committee should meet regularly to consider environmental matters impacting the City of Denton and to recommend appropriate action to the City Council, as necessary. SECTION 2. Re-establishment of the City Council Committee on the Environment and statement of duties and purpose of the Committee. A. The Denton City Council hereby re-establishes a standing committee to be called the City Council Committee on the Environment. The Committee shall consist of three (3) City Council members who will be appointed by the Mayor of the City of Denton and approved by the Denton City Council. The City Manager will be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties of the Committee shall be to review, discuss, deliberate and consider environmental issues and resources and make recommendations to the Denton City Council. The Committee will also deliberate and make recommendations regarding any other matter delegated to the Committee by the City Council. SECTION 3. Resolution No. R2005-040 is hereby rescinded. TITLE IV. RELATING TO THE CITY COUNCIL ETHICS COMMITTEE SECTION 1. History of the City Council Ethics Committee and findings. A. On September 7, 2004, the Denton City Council established the City Council Ethics Committee by Ordinance No. 2004-255, which is being . rescinded by Ordinance No. 2009-137 adopted on this date, to act as an advisory body to the Denton City Council on issues that may azise under the Ethics Policy for the City of Denton. B. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. Page 4 of 8 c:\documents and settingsljerichar�dessl:top\committees reso 3 compare.doc SECTION 2. Re-establishment of the City Council Ethics Committee and statement of duties and purpose of the Committee. � ' - � •� ,► � � � � � - � �, a - � � - • - .- �; �- .�� -� � - . � + _ � �. '� � .rr � -� � - ! • • � � # ,• + ! � . � - • -- . � . � � �- .� . _ . . . I: - � -- - •- - - , - r •, _ � � � - a ,�� •� � �` � .ir � -� ► � �' � � - , � • � • - � - ►- � '' . , r • � __ ,_ �-. � _ � -- �;` _ _ _ .� • -�� - �� - � � � R• �� • : C. The duties and purpose of the Committee shall be to advise the Denton City Council on the Ethics Policy and to gather information from the Citizens of Denton regarding the Ethics Policy, conduct hearings and inquiries as herein set forth and consider other matters as delegated by the City Council. SECTION 3. Any person, including, any Elected or Appointed Official of the City of Denton, or any person acting on behalf of a public or private entity may request the Comm.ittee to consider an issue arising under the Ethics Policy by filing a written Notice of Potential Violation, ("Notice"), of the Ethics Policy with the City Secretary. The City Secretary shall make a copy of the Notice and peovide a copy of the Notice to the Elected or Appointed Official who is named in the Notice, and to the Chair of the Committee. Within thirty days, the Chair shall place the notice on the Agenda of the Committee and the Committee shall provide notice of the meeting to the Elected or Appointed Official, and meet and conduct hearings, as necessary. The Committee may, in its discretion, determine to advise the City Council on the Notice. The Committee may extend this time period if the Committee needs additional information in order to properly advise the City Council regarding any issues raised in the Notice. VI. RELATING TO THE CITY COUNCIL HOTEL__OCCUPANCY TAX (HOT) COMMITTEE SECTION 1. History of the City Council Hotel Occupancy Tax Committee and findings. A. The Denton City Council adopted Ordinance No. 75-53 on December 16, 1975, amending Chaptee 23 of the Code of Ordinances by adding Article I entitled "Hotel Occupancy Tax" which provides for the collection of a hotel occupancy tax. Page 5 of 8 c:ldocumen�s and settings\jerichar\deskloplcommittecs reso 3 compare.doc B. On January 6, 1976, the Denton City Council entered into a contractual agree��a� with the Denton Chamber of Coz��x��rce to pror��c�t� tourism and a�+��r-tise the City of Denton as a potentiai sit� for public n��tings and conventions. C. By cansensus of the Denton City Council at their work session af September 20, 1994, three representatives of the Denton City Council have served annually on a Hotel Occupancy Tax Fund Cammittee to monitor allocation and use of hotel occupancy funds. D. The Dentan City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. SECTION 2. Re-establishment of the City Council Hotel Occupancy Tax (HOT) Fund Committee and statement of duties and purpose of the Committee. A. The City Council hereby re-establishes a standing committee to be called the HOT Cammittee. The Committee shall be composed of three (3) members of the City Council to be appointed by the Mayor and appraved � by the City Council. The City Manager, or his ar her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's affice. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by �the Committee. Members of the Committee must be cunent elected City Council members of tHe City of Denton, Texas. C. The duties and purpose of the Committee shall be to monitor allacation and use of hotel accupancy tax funds, ensuring funds aze being used ta directly enhance and promote tourism and the hotel/convention industry, recommend arganizations to receive funding ta the City Council, and ather duties as delegated by the City Council. SECTION 3. Members of th�e Commtttee� shall also° serve as mernt�ers �f the��Dentan Live Advisory $oard. Vf�. £��I�A'l�C�� 1�� "�"I-�� i�"�'' ��)�.��"�iL N��311�I��"� �"��![�!i�TTF��: SECTION 1. History of the City Council Mobility Committee and findings. A. � The Denton City Council, on October 18, 2005, heretofore established the City Council Mability Committee by Resolutian No. R2005-041 to act as c:ldocuments arrd settingsljerichar\desktoplcommiriees reso 3 compare.doc an advisory body to the Denton City Council regarding local and regional transportation issues. B. The Denton City Council finds that it is in the public interest to re- establish the Cammittee as a standing cammittee of the City Council. SECTION 2. Re-establishment of the City Council Mobility Committee and statement of duties and purpose of the Committee. A. The City Council hereby re-establishes a standing committee to be called the City Council Mobility Committee. The Committee shall be compased af three (3) members af the City Council to be appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidanc�e and assistance to the Cammittee and be respansible for ensuring that records are maintained in accordance with requirements of the city secretary's affice. B. The Committee members shall serve at the pleasure af the City Cauncil u�rtil �t��r� are dxal�' ��p��is�t�� }t ��z� 11��° an� ��a��`a��ed �y the ]��a�i�ir� �;it}� �aun�il. T'�� rr�s��iii�� `��er �� he +��r�lir�itt�:� �1��11 be cl��as�n ar��zall� k�y ti�� rn��ti�t��. I'�e��e�•� �i" �1�� ;�.��i�t�� r��t be current elected City Cauncil members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council regarding any changes to the Mobility Plan, local transpartation policy, any items concerning regional transportation policies and activities and other duties as delegated to the Committee by the City Cauncil. SECTION 3. " Resolution No. R2005-041 is hereby rescinded. ��i�� r�.a�Fr��€� �� a� �r�r�� c�� r��:�°i�� r�ry� �c��r��, �;c��zR�� A. ALL COMMITTEES are subject to the provisions of Texas Government ��ad� ��1 ��ci �5�, �� r��.1, ��cl it:� r�c��i��s ��I1 l�c �a�a�t�� ix� �cr��li�r�� xit� tl�� 'I"�� cri ivle�tL�� A�t. �1i��u�� a�� recc�rci� will k�� rnai��t�ii�e� ira ��c��r��a�e v�it�� c�r�ir��xc�r�� +��` t�� ear�ti�ry'� office. B. This Resolution shall become effective immediately upon its passage and approval. Page 7 of 8 , � , _a��__..�� a .. � PASSED PROV6D this the day of _ _, 2009, �' MAR.K �a. ��U� ' f��S, MAYOR . 1 ', ' •' ,'' BY: _. . ,.� A.PPROVED AS TO LEGAL FORM: ANITA B GESS, CITY ATTO Y B Y: ��...��' � � r � �� - 3 m�. . �. � : ► • ► �:I_T:i��':7 Any officer or employee of the city having a substantial interest in a business entity or real property, as those terms are defined in chapter 171 of the Texas Local Government Code as it now reads or may hereafter be amended, shall comply with Chapter 171 and, if necessary, shall abstain from vating on a matter involving the business entity or real property and file an affidavit setting forth the substantial interest in the matter to be voted upon. (Ord. No. 79-86, § 2, 12-11-79, rati�ed 1-19-80; Ord. No. 99-057, Amend. No. 25, 2-16-99, ratified 5-1-99) Sec. 14.05. - Nepotism.,�� No person shall be appointed to an office or be employed by the City of Denton who is related to any member of the council within the second degree of affinity or the third degree of consanguinity, and this shall apply to heads of departments in their respective departments. This does not apply to a person who was appointed or employed by the city prior to the election or appointment of the council member. ! � � !. . � z . . . . �. � r ;„ r3 +r � � ■ ! . • : � : :" '1 � U ..� . , • � � # 1 . i � * : s 1 � � i � ■; . • A � r � � r �, : � a a � y • : ■ ■ � , « * � � , r s 0 o U o �, 0 1; o = � �, � . . �, � ._ ` � C � � o .� � Q N v .� � � � � r a� m ,� � C � C � vs 7 � a� � c ro 0 4" C g' ro . � O � .0 �U U b 3 �j � � i: O � U o � � T' o �i � �U C C E L Q3 c6 - .. 4= � C � fiS .,�,�, 7 T V U .0 � : N yr CO � ' � "'' � 7 U °� U � � Q1 C� ` ' Q p C V .� � ' � _ � X o � 0. E ro Q1 � (tl C C � � �O �d � .� U ` � � ro � ,� '� ,n � � 7� � O � U N 'C �, E .0 ,N Q � � C .�„ �. � O C O � O � 7 vy � U C u) � O p) p . � :� y �E Q. � � Y� °G O O = � 'D V U U (q � � U ` C � �� O 7 � yy sy o V O N � U O � Q � � � •my 0 � .� f� .� U � U �� a: (II � 3 � ro .G � O � .!. , �.. `� a "-y' �"�r, :Q c � E o C`..c° v o as .� ,� 3 C ,� E o +�3 U U�9 � @ � � 7�. ' � � O � � � k�l "'' �- O. C U N` O � � 7v Cl �, tOi C C C,y U U O C N O O ¢ .�, :�., ,� ,�.,,. � � o O 'D > ro r. N C r N v 'Q. u °,r o Z � v O v. � �.' � � '. � . • � �� ■ *1 * "'. * �� • � . � . Each member af a board or cammission, in addition to qualifications prescribed by federal or siate Iaw or ar ` ance, shall be a qualified vater af the city. (Code 1966, § 1-21(a); Ord. No. 93-140, § I, 8-3-93) A member af a board ar commission of the city having a substantial interest in a business entity or real praperty, as those terms are de ed in chapter 171 af the Texas Lacal Government Cade as it naw reads or may hereafter be amended, shall comply with chapter 171 and, if' necessary, shall abstain fram voting on a matter �.nvolving the business entity ar real property and fiPe affidavit settu,g forth the substantial uiterest in the matter to be voted upon. (Code 1966, § 1-22; Ord. No. 96-154, § II, 7-9-96; Ord. No. 99-268, § 1, 8-3-99) Charter reference—Personal 7nterest of afficers and employees, § 14.04. tate Iaw reference--Conflict of interest, V.T.C.A., Lacal Government Code § 171.001 et seq. ',•�.� •�� • Shauld a baard or commission member cease to meet the qualificatians prescribed in sectian 2-61 or 2-62, if applicable, ar shauld such member be canvicted of a felony du ° g his term of serv�ce, such failure or conviction, as the case may be, shall be cause far remaval. (Code 1966, § 1-23} ., i� i . R ,;� y ; �•. ` � ..�.:• �:... .:�:.� ' ... . !,. .*�,.,� � .�::.. i........ **:, � �.i�� •• M.��. i .,.. ,;.�i /1 : � �'� ��.' �' � �il �+.'.� i.'� I � . � ��. 1�+....#. � . �� • . r. � . �� • � �-� � �� . ��. *� � r �. � �: �� r� � •� M- � • .�� . •a. •, �r • .! � .......- � , l ,� ' . � . � . � .. . � .:: � � M . #��. � �� ... ��.. a �.. i.... � ! ,;.. ♦ � �...... /�'� ...�� ... . �..:.� .��... ....�� ' ' '.��. 1 �.... •,..... !' • .#:� * � •...�.. •. ii.� ...�. �. . i:1' M..,...... ! � ....�� / ��:�- � •......, � �• .;.�! � !' �� .�� + � � � �..., . � �� . �. # ... human services committee, § Ii-61 et seq.; park and recreatian board, § 22-1; development review committee, § 34-6; board of adjustment, § 35-41 et seq.; historic landmark commission, § 35-236 et seq. s,��. nro. 21 163 : : 1'- �� , �„ . . � � . � � . The word "board," "boards," "cammissian" or "commissions," as used in this division, shall be construed to e any managerial, administrative or quasi juddlcial body of persons which has an advisory or deliberative character and whase members are appainted by ar serve at the pleasure of the city co cil. (Cade 1966, § 1-42} Cross refere�ce�---De °tions d rules af cans�ruction generally, § 1-2. The provisions af this division shall govern and control the rules, procedures and operaEian of all baards and the remav�.l of inembers thereofa provided, however, wherever any provision of the state canstitutian, state sGatutes, the Charter or a city ordinance canflicts or is incansistent with y provisian af this divisian, the conflictznng or inconsistent provisian af this division shall nat be applicable. , (Code 1966, § 1-43} (a} uorum. A quoru for the transactfon of business of a board shall be a majority of the members appainted to the board. • ', r � . _. + . �. � . , �. � , .+. � - -. . . . n � : � . „ �. + _ * � � . � . . �� -� .� � � , . !�. ►E' �� s' � � � -� � `ur. . � -� ♦: . . s � � . . - :r r�- . .i � •- . ♦ � . � . � . r � -n - . � ' • � � ♦ �: �-* - � r . � .�r �� .� �� + - �r , s � � i i,+ � � �. . � � - + . � ; � - � - ��. 1! . r -n' � . . . ., � � ! � ' i .'. �� l . • ' � N �. ,.,. ! # ! �;.. � /�..'.. � ! .: . / ' / � ' � �� . .. - � ' � � ...,. . . . .. .. � �': � �� ' �..: .. � �. .. � i ..... �� ' . � ��.: "� . [ . . . .. � �. .� ! i i#�^� �i.:��. ' •■ �" a 1 + � � �� r � � * . � •i u .. � - ^ , - � -* . , -* .;, r .� .� .. � , i� � r� � � � . � . .. � ' �� ' ! '.. ... # . : i ��. . . �, �: � � ... � � ..... � ..:i . .. M . * . . u r, - . , � . . . . � � � � • . e a . . . ,. � � �- � • � � � �- � � - � • � .r . - 4 ��, � � a � i � �r-' M � - � • �' � * � ♦ � .� .� _ . - r - . � . • +. ^. # Supp. No. 21 164 va �`' � �..� '�+� ' � ti� � � r� � � � Fa� � `.,`�`�� -�` t� �` d3 �J� � � � � � e,-r � � ,� � a } C� t� ; ;' .�t " '�--� � �� , �-� � � � � � � � C7 � � r� '� � � � , � r� '� � j � � �� v "� � `��. e�-a� � c � • w� � �'� � C��" "G� � tl� � `r � � "� Q�3 t�i ;� -�.�" �--'' �' 9�` cr� � � � � � � � �� ;� � � '''' � =��+ � �-� � .._`"�. �.' � � �.7 � , c-: � �, +'� ' � .,�, . � ��.a � �. � d� %� ��_� , � , � � � � �•, � �, � 4� � � ��, Ua , b1� � n� "t� r� '� �. � rn cv� „� ''' � �17'. � � � � � � � � � � � � � '� "�` ;�^s ° � Q] �j "�,�` �' � � C� `„� � � � '� �� ` :�, c� nJ � � � �' � �7 ,.��.� � �J •� � �,1 �+ s� �- r�°�' � �' '�" � � � � � �� .�a � i;�3 CC� -� C� 'u' . r' �t�7 � `� � �' �� Y�� ,�; va � � � � � � .� � � �� "�"' � � '� � � � � � � � C"J 4.d � � � � '� C� � � � � � �.. � � � �t.„ � r, :n ��.. ,� � � � � � j ,� c�i � r.r� � .� � � � � «�'a �,�., � � `u3 � � ;-�, � � w� � � � C7 q� � ' �,, � � � �., '� � � � .-� w' �' ;ss � � � �7 � �y: � � � � n." � .,�... `� :-., ...� � `� .v� '� � . �, � � �r A^' .`��. :.� -" .� t�J ��"'-, `� °r r—t ...3 �? C� , J � .� � "�J' , W., - s° �` �r G � � � .� � � � � � C� � C�3 �� ,� r,�,: "� � � � . Gi '� �"' ��1 � t� � � � � � � :-.� s� � �" � r�7 n„� � .. � Ca7 � �,�+ iF,� �^ � G�-i � F�y.,� � � r,�,� � ".� � � ... . � �� G� C�.:� � �,�,� CJ] ... � �1 r 'S �—± � '�' C°�` v,� r-" ��^ ;� � °,�, a� ^.� c� C_7 � -� �i ,.� � r��' � '� ' � � ° � � -� ;�; �t �- --�� i „� � r— •n. � . � � n��, � � r� � -a.-s "" -; � ,� ;:^., '� � �a � � � ° � .� �j � �c�; „�, C7 . � c� r5 �, �.� 'r`� '�7 "„y �;+ c �,., '� � , ,� ��, , � � � �r ib r � � � •!� � J � �' ' " � '� `�` � � �r � �,, �a � '� � � �fJ � �i � '~�'°' � �" � � � �,�, ,� �, � _� � � �' "' ts..j` �� -, tLi r : , �: � .� � ,� � � � � � � � � ,.�� C�? ,��'i i� � 47 � � � "� � � � � � � � ,� � •� ,� �� < , � � � � r�, tr� %� rg.� =-+ ° ,�' � `�i -� "� '�, ^=+ � �� ' � �7 ,�'..�' , r°- � � � � ..��"".. � � � � , �- � t� �' .-"-`-� � �-z � � � .� � �, � � , �; _ � r-�a � '�i '.� � � � �� .r Q.3 �`_` � �` �7 C� � � �' �� N� � � � � � ;�5 �;r '`�� ? ) `� r .� ?, txfJ `�-" .�.t � `� � e"`�,�a ,.. � � "�7 ,-;° '`-""' � :�i �K � � , ^ � � C�7 • � c, ;� �,,; • ;--a �J �., � % � ;� � � �, � . .� �, `� ,�� ;� �"-� � "_� � ,� � rr� .--� � ��-; ; ' � � - �.� - , .�- � . ,� _ . . � , � � _, ,� , . - �f � .�� . Ghapter 2.92 - E7kICS Fr' Sections: 1 gl'� �}�.,�7� I�.�e4..;„rri�rl I�iimC":�rx... ? �i" ��1� R r finipinP:u.:. l`�,�,C13t1�� Flli�s , r3a_v_iz w r<�srrrri� ti,_rri. 2.92.046 - Gifts. � "�� [� `�_:�n�1�rr14 <p� c,�4��1�a�.�; � s7� �� .�5Cri CiC�.rr�,fi;� 2 92 �7i} � F�� s�,aitimta�� i,�uirr7nNir.�.r��3.s.� Z J2 CjF4I7 ( nttir�lalrs�fi {'il�rrs�..�,E��r+y".r,. ' c�2 s}cpt] - �slrnr�lasri�es Fl�ara 3�;�-,�,—{]ds,�po��iiuri�- 2�?? 1 fi�CF � C�ara7�7,�r�,ri firt;6�t�:i�;�. '' �.i i t31�� fli,cles.i�r� r�F c ai.'��s�i�.. ai ��nlr�k,_�,,,L,tic,;n�. ' �'� °z'.t7,. �9(,�(:s 4i��lliir5t� '��Lr."3L3,�—r'.y2 1�.4f1- �ns�rv�d., ? Q2 15fl S'�ert�na��". 1 ........1 '► ... * �� • A. All city officers and employees have a fiduciary duty to the citizens of the city to be ethical in fuifilling the responsibilities of their positions. At the very least, being ethical fncludes being disposed to comply with all laws that apply to one°s position. g� Ethical conduct is motivated by sources inside and outside the faw: The Texas local government, Election and Penal Codes regulate aspects of the conduct of city o�cers and employees. However, as ethicaf conduct is more than complying with state codes, the city strangly encourages all af its officers and employees to maintain the highest personal values and skandards. V�thile 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 o�cer or employee's conduct should falP. This chapter has the follawing purposes: 7� To establish an ethics review commission; z• To malntain 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 beriveen the personal interest and the public responsibilltles of city officers and employees; 6• To establish minimum standards of conduct to be adhered to by city officers and employees; 7• 7o require disclosure of private financial interests by certain individuals; ° g� To require reporting of certain gifts received by certain individuals; g� To provide for complaints and resolutlon of ethical issues and concerns; and 10• To provide penalties for failure to adhere to the minimum standards set forth in this chapter. C• This chapter is cumulative of and supplemental to all applicable provisions of the City Charter, other city ordinances, and state and federal laws and regulations. Compliance with this chapter does not excuse or relieve any person from any obligation imposed by the City Charter, other city ordinances, or state or federal laws or regulations. D• The city attorney's o�ce shall prepare, maintaln and make available a chart that summarizes the application of the varlous obligations impased by this chapter and the charter on officers and employees. (Ord. 15293 § 2, 2002) (ord. tvo. t7tr2, § t, a-21-2oas} 2.92.020 - Definitions. �� • -�• t� -.:..#. .�_ -. �• # #:!' * . �.��M ' �� '��^! � �M'� R. #' .�.t. � �..,� ......#�.. M!'�� # �... • �� ! � � � �.. . � . � ..� � � :.:... � .�, .r � .. #' _ * . � r. � .. . . . . . ��.. �: �� _ .��'� • ^�. # _� � _ ..�RN ' � #:.._ i ..�. y . � � �^ � '! !. ��# � �� w .�, � - ..• . • � ...' � ! �� f . � �� .i' • � • .M - �.. . � i-. !� � ♦• - � i �.�. � � � ��. �. . . '. 'f � � �. .�� . � � �: ...� .��. M��. .�.' - ....� ♦- �.R !� �..i. i �! - � ..•�� . � � ■ *�: � *.-. � a � ..� � �.� �� .�._ a - . • - � .,�� ■ i:� � } � � ..� � .. �� ^ . N.� •; ' .�.. .. ��'� ' ��'� • � �� # .� f: _ .,.�� . � ' ...�! ' !:�- ! '. ._ - ,t .i ,.._ � .. ■ . •. ..l.. . f � .. �. . � �. . ..! i! � #-.� ,�! � �f�� •�.. �' �.�.l.. iR� � � ..__ ... �.�#. a ��w� � � R� ! .. ..�_ � � ' �..�� "# �.• •. l.�: � l...� � ..�. '. ��3� � ��. M�..-� � , . � M M�:., •��.�... . � � �{ �M.... .._ _ _ �.�...� 'f. R !"• . � � i!� ..:...� � �� .. f �.:. ..'.�. � f .�� , # ' ....'. -�:... _...� .a ! i: • -� �..�. #'.. • .�l�..,�• •.� �� . • !.�^ !� !' �. Mi� ! .!. ..l. �. • .,.� ..... ..F.� � Mi* • : :��.��. . - :. �� .: ■... • _ . ..,_ . _ .... .. ... . ♦..- � ..:.- r .. .- •�. � �: � - ....._. a' .::._ � -.. .r ' .... * a��: �.: � .�_.... .� ...�' �� t � �^ l--� �. .�� l..._! ! � i � �,#�. (..! M! �_:R ' ��'•! ^•:! _. _��. "Buslness days" means the weekdays excluding city holidays. . � . . ,- � . *! - + �' • 1 1 Chapter 2.92 - ETHTCS Page 2 of 12 "Candidate" means a candidate for en elected office of the City of EI Paso. All references to candidate shall include the candidate's principal campaign committee, whether or not the candidate acts es kreasurer far reporting purposes, "City resources" means any city asset, including but not limited to facilities, equipment, supplies, saftware, and personneP services. "Gonfidential infarmation" means any written information fhat could be excepted from disclosure pursuant to the Texas Public fnformation Act, if such disclosure has not been authorized; or any non-written information which, if it were written, could be excepted from disclosure under that Act, unless dlsclosure has been authorized. "Gonsanguinity" means that two individuals are related to each other if one is a descendant of the ather, or they share a common ancestor. � An adapted�child is;considered do•be�a�ct�ild of the sdoptive parerat�for-Qhis-purpase. An individual'-s�relatives,within�the�third degree by cansanguinity are fhe individual's parent or child (relatives in the first degree}; brother, sister, grendparent, or grandchiid (relatives in the second degree}; and great -grandparent, great-grandchild, aunt who is a sister of a pareni of the Individual, uncle who is a brother of a parent of the individual, nephew who is a child of a brather ar sister of the individual, or niece who is a child of a brother or sister of the individual (relatives in the third degree}. "Cantribution" means a direct ar indirect transfer of money, goods, services, or any other thing of value and includes an agreement made or other obligation incurred, whether legally enforceable or not, to make a transfer. The term includes a loan ar extension of credit, other than those expressly excBuded by the Texas Election Code, and a guarantee of a foan or extension of credit. The term does not include an expenditure required to be reported under Section 35.006(b), Texas Government Code. In-kind expenses, as defined in this section, is not a cantribution. '°Contributor" means a person making a contributfon and the person's spouse. '°Employee" means a person employed and paid a salary by the city whether under civil service or not, including those individuals on a part- time basis and including those offcially selected for employment but not yet serving; but does not include an independent contractor or city caunciP member. For purposes of this ordinance and for na other purpase, the term employee includes vofunteers. '°Ex parte communications" means a communicatian made at a time other than during a public meeting of the ethics review commissian, a commission panel, or the city council, excluding documents or information submitted pursuant to the requirements of this chapter and any correspandence or other communications sent to the city attorney. "Gift" means any gift, benefit or other economic gain or economic advantage to an o�cer or employee or to a relative of an officer or employee. "In-kind expenses'° means the value of personal services provided without compensation by any individual who volunteers on behalf of a candidate or political committee and incidental vehicular trave( expenses incurred in conjunction with the provisian of the personal services. '°Negotiating concerning prospective employmenY' means a discussion between a city officer or employee and anather employer concerning the possibility of the city officer or employee considering or accepting employment with the employer, in which discussion the city offcer or employee respands in a positive way. '°C7fficeholder'° means the incumbent holding an elec4ed city office. "dffcer" means a member of the city council and any member of a board appointed by the city council. It includes any member of a board that functions anly in an advisory or study capacity. "O�cial city business" means a purpose or function releted to the duties or activities of office or employment: "Person'° means an individual, corporation, partnership, labor union or labor organization, or any unincorporated association, frm, committee, club, or other organization or group af persons, excluding a palitical committee organized pursuant ta the Texas Election Code. - "Palitical committee" means a specific purpose political committee or a general purpose politicaf committee as those terms are defined in the Texas Electian Code. '°Public event, appearances or ceremonies" means those functions, activlties and ceremonies conducted by or for the benefit of any governmental entity; a functian, activity or ceremony canducted by a nan-profit corporation or slmilar organization formed for educational, scientific, community-betterment or economic development purpases which relates ta the purpose for which the non-profit corporation or organization was farmed; or a function, activlty or ceremony which honors or recognizes the accomplishments of a politicaf, prominent or public figure. "Quasi-judicial proceeding°' means by hearing or proceeding held by a public administrative•officer, to include buf not be� limited to a hearing o�cer, arbitrator or administrative law judge, who is required to hear or investigate facts and to draw conclusions from them as a basis for his or her official action and to exercise discretion of a judicial nature. "Relative" means a person who is related to an offcer or employee as spouse or as any of the following, whether by marriage, blaod or adoption: parent, child, brather, sister, aunt, uncle, niece, nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, step son-in-law, stepdaughter, step daughter-in-law, stepbrother, stepsister, half-brother, half-sister, brother-in-law ar sister-in-law. "Volunteer" means an individual who pravides services to the city without any expectation of campensatlarr or•financiaf gain and wlthout receiving any compensatian or financial gain. (Orel. 15283 § 3, 2002) (Ord. IVo. 17112, § 2, 4-21-2008) 2.92.030 - Ethics review cammission. � A. Ethics Review Commission Estabfished. In order to assist the city council, an ethics review commission of nine members is hereby established. http:/llibrary.municode.co TML/16180/Ieve12lTIT2ADPE_CH2.92ET.ht 1 10/5/2012 Chapter 2.92 - ETHICS Page 3 c�f 12 B. Mission. The ethics review commission shall serve as an advisory body to the mayor and city council on matters concerning ethics in government of the city. C• Membership. , �• All members of the ethics review commission shall be residents of the city. No member shall be a city employee, hold any city elected offce 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 eeferendum or other ballot issue. 2• No member of the ethics review commission shall be related within the third degree af consanguinity or within the third degree of a�inity to a member of the city councif or the city manager. �• "Members s"haff'be appointed for a twa-year pe'riotl, ekcept that appointments made ko fill vacancies created during a terrii'shall be for the remainder of the term. The term of a�ce for each below designated appointee shall commence on February 21st and shall terminate on Febru�ry 20th at the conclusion of the r�;sg�s��[ivs� term. Terms shall be staggered in the �n314vai�g manner; .�� ...._.�� u ._�w .. , ...w�...� ...—. ...._. �W. 'Mayor's Cerms expire in even numbered years appointee', .,�_ . � F�._....w� __.�,. w_.Ma Distritt 1''terms expire in even-numbered years appoin[ee ..._ .,_.�,,...,_._....__.._� � ..� _._._.� ��.,..,.�.�.m . Distrid 2 terms expire in odd-numbered years appointee .. ____ �...... ...�.._. �� , � r _. ,� � �..�_ _ .� �._.� , ._.. � �...... � � .,_.__ District 3 terms expire fn even-numbered years ' appointee �_ ...,.,.�..� �,....m.m.�.._�.. �.....,�.....�...,�.�.�...�............ �. �.�._�......,,_.. ...�.__.�_ _...... ' District 4 terms expire in odd-numbered years appointee �.__�_.__ _._____...� � ..................... _.�. _—.......�_.�.._.�_.mm....__ district 5 terms expire in odd-numbered years ' appointee _�.,�.� �..��__��.e n��.��...�e ��..�.��a.a.e�.......,..�._ District 6 terms expire in even-numbered years appaintee ..�. _ �.�....._� ��.�.__.�._ ..v.�.�� _ . _. _ �� ma,�� ..��w districC 7 Cerms expire in even-numbered years appointee _ .............M. .._. _. ._..._ District 8 terms expire tn add-numbered years appofntee � D. Procedures. , 1' The ethics review commission shall each year at the first meeting held on or after April 15P, select from among its members a chair and a vice-chair, and shall adopf, subject to the approval of city council, such rules governing its proceedings as it may deem proper. Such rules and regulations must be consistent with the City Charter and ordinances of the city and shail parallel, ta the extent possible, the rules adapted by city council to govern its own meetings. 2• Upon the adoption of this ordinance and thereafter each year at the time of the selection of the chafr and vice-chair, the chair will make panel assignments. !n the event of vacancies or absences on one or more panels, the chair may make reassignments as needed so that each panel has no fewer 4han three members of the commission. The chair shall designate th'e order of tfie rotation of the panels for hearing matters under this chapter. 3• The ethics review commission shall be assigned staff by the city manager to assist in its duties, as the city manager deems necessary. In order to carry out the responsibilities of the office of the city attorney under sectio€7 �.�%.o�i[a of this Code in a situation as to when a complaint will be heard by the ethics commission as a whole, an independent outside attarney shall be retained at the request of the city attorney when the commission will hear an alleged violation of this chapter by a member of the city council, and may be retained when otherwise requested by the city attorney. The city attorney shall review any requests made by the ethics review commission for the appointment of independent legal counsel regarding a particular matter before the commission and when appropriate, seek the retention of such counsel in conformity with the provisions of this Code and the obligations placed on the attorney by the Texas Disciplinary Rules of Prafessional Conduct. E• Duties. The ethics review commission shall meet as necessary to accomplish the following duties. For the purposes of conducting meetings, a quorum shall consist of five members of the Commission. 1• Oversee all ethics matters and assist the city council in resolving ethical issues. 2• Review, evaluate and provide recommendations on issues as requested by the city council, 3• Provide recommendations for the city council regarding orientation programs or pracedures for officers and volunteers focusing on education of the impoRance of ethics in city government and on the provisions of this chapter. 4• Provide information to the community on ethics in city government, as may be necessary for the promotion of the public trust. 5• fssue advisory opinions, as provided by charter in the manner set forth in subsection F below. �• Revlew, evaluate and issue determinations; impose sanctions and provide recommendations to the city council on complaints. 7• Provide information on the dispasi4ion of specific issues• by ref�rring to minutes of commission meetings and`e�hics review commission repoRs. 8• Periodically review and propose changes to this chapter and the forms utilized pursuant thereto. 9• Develop guidelines and procediares to promote compliance wlth this chapter. 10. prepare written annual reports for the city council. Submit additional reports as needed. F- Advisory opinions. 1• By written request to the city attorney, any o�cer may request an advisory opinian regarding whether his own proposed actions or conduct would vlolate this chapter. The city manager may also request an advisory opinion regarding the proposed actions or conduct of one or more empfoyees. Such requests shall be submitted in writing to the city attorney. Within 30 days of receipt, the city attorney w r . • - � ; • :! - - • �* + 1 1 .� � . +- shall call a meeting of a panel of the ethics review commission in the same manner as provided in section �.�2.�1f�0 N of this Code, for the purpose of addressing the request. 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 apinion, or the panel may refer the matter to the commission as a whole. 2• Reliance. A person who reasonably and in good faith acts in accordance with a written advisory opinion issued by the ethics review commission or one of its panels may not be faund to have violated this chapter by engaging in conduct approved in the advisory opinion, if: a� the person requested the issuance of the opinion; or b• the city manager disseminated the advisory opinion to city employees with the intentian that employees may rely on the opinion "•'�with respect'to�th� identieal conduct or actions addressed in the opinion; and �• the request for an opinion fairly and accurately disclosed ail relevant facts necessary to render the opinion. (Ord. 16309 § 2, 2008: Orel. f5293 § 4; 2002) (Ord, No. 17Pf2, § 3, 4-2t-2009} z.sz.oaa - G�tts. �� A. General Rule. An o�cer or employee shall not salicit, accept, or agree to accept for themselves or a relative, the following: 1• any gift, of which.the knowp ,or readily apparent value for each separate gift, exceeds seventy-five ($75} dollars in value; 2• any gift that might reasonably tend to influence them to act improperly in the discharge of official duties, or reasonably tend to improperly reward o�cial conduct; or 3• any gift from any lobbyist registered under u��r7�;�te:r �.��,y of this Code, of which the known or readily apparent value for each separate gift exceeds ten ($10} dollars in value. B• Special Applicaiions. Subsection A above does nat include: 1• Political contributions made or received and reported in accordance with law; z• Awards, such as plaques, certificates, trophies or personalized mementos, which are reasonable in light of the occasion and publicly presented in recognition of public service; 3• A gift conferred on account of kinship or a personal, professionaf, or business relationship independenk of the official status of the recipient; 4• Gifts ar.�ther tokeras.pf recognition presented by representatives of governmental bodies or political subdivisions who are acting in their official capacities which are accepted for the city or in conjunction with the officeholder duties of an elected o�ciai; 5• Commercially reasonable loans made ta an officer or employee in the ordinary course of the lender°s business; s� Complimentary copies of trade publications; 7� Reasonable hosting, including travel and expenses, entertainment, meals or refreshments furnished in connectian with public e.vents, appearances or ceremonies related to official city business, if furnished by the sponsor of such public event; or in connectlon with attending seminars or warkshops, speaking engagements, teaching, or rendering other public assistance ta an organlzation or another governmental entity; 8• An honorarium, transportation or lodging, the acceptance of which is not prohibited under Sections 36.Q7 and 36.08, Texas Penal Gade; g• A ticket or admission pass, regardless of the actual ar fact value of the ticket or admission pass, to an event that is sponsored or conducted by the City; ' o• A ticket or admission pass, regardless of the actual or face value of the ticket or admission pass, to an event in which the o�cer or employee is participating in connection with o�cial duties or in which the officer or employee is paRicipating in connection with his spouse's or child's position or duties, provided that the receipt of such ticket is reported as a reportable gift if such reporting is required under section �.��:ftr'-� 8.2. of this Code; and 11. Any solicitatian for civil or charitable causes, or admission to a charity event provided by the sponsor of the event, where the offer is unsolicited by the o�cer or employee. (Ord. i9293 § 5. 20b2) (Ord. No 17iP2, § 4, 4-21-2009) � i ...+.. M +;�� t ♦ � � �� - ��•..- , � :��M _ •. � ..r.'�.•_ * ...._.■ . .. � �� .. . ...r '. •�• • :�t �.. � - �. ♦�.. • .. ��. � � .. . ��. -. ' ... ._ _ �:.� . ��'..� ��♦�- �♦ �� .�.. . �'..�. '.-��,• - �....� y �*� _ , . r.. • . . �.� +�M a r�� w��- t•� �� - �� '�� r '.'.� M � .': �:.♦ .... .. Y _. ... _.... �... • . . + �r.. __ � ��• � • ♦��.:R _.. ., i.�.. � , ..� . .... *.. ,.. � _ r •.. _._. ..a • . .... M �� r�...... _ .. �:�- r_. a�� . �... ... # ... _ .. , . ...._ _ � �� . : �..r._ R .... � �-�. r � a-��.' � �..:.• .� ♦' r -� -� �� . - � �;-- �-..,.. R.:, ��..' '.. •'�.�'�.� ::�+ �.'.�-.M � .�� _ ...a'- � :�� , r�-�.. � .:... •i��-. �- i y. ' �... ...��: �::...• .... w- � ..... _ � ..._ � . ._: r ' � *' . 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R.. * .._.. i#• •�� ^*. _:.... ! � R . .'. ; �..f �' .: .. _ *_. �.. ■ ii��. . �, .: i � l� • • � - .. # M ... � , M : • :. ..... _ �.... � � ... .. . �., * . . � .:. * . ... - * .. .. � � .. � . . _. �� +��:�� .��f. � l�.��i.��^ �� •�.:. �. .a � i_. .'.. ... /.•�#!' •. . i��:.._ '.�..:..:...* �' !l..:R ' ' M. ..� l.:.. ��. ..i'�' ��-�� t� _.... _.�..� �`�• -�■ M f. • ':�• ' R�.�^_ _�.� . ...Yl. ...... � •- .� •. .r.. ..� ��. �.� l...- . !� •�:�- a.�.� � :.' . ' ..' �. � •- ,. - • •�.�.. � .. .. i� i'...� � 1... ...� f ..:� . : �< < '�.. � ,.... ' ��:.` ! a„ � ♦ � �N. � ��l�• G� � � .._ _•.- _..� �_ .. • ...��_ '!N �� .�./^ ...:..3 �i� �_ �a ..� ! ••�..- ! � f. ...� � !- !.. ` �`.... � �-.. .: f. .#f �,� 1 .�.��# s �.�..� - l�.. � ' 1� •.. f. �� i. i .i ��.. � ! � .' .� - �- V R �-. -• ! .�. � � !:�• �'��. � R. .R� -� � �* '.� • •�, �� *" a:�■ �...� � ... � � ...� ...} � ��a�� #�•� �i! -.. .: I �f.} �..•.. �_ ...�1�- ...� -�� ..�.:�•! !" f .�t�...� .■.' R '�!� !..#. � ._� .... '.#• !�� #� . � •.�...._ -..* ` � ��..�.. M� � . ..� . : ..! •. .. � ' �. ! •.�; '� � ! �.. i� ' � �: � �' -�. R ..} . �. .+ � ... � . � ....- .. �. ..._ ! �. #..� ��.�� ' •.'.. 's �.� � .. _ ■l.�� ! � -. # - :�, . � ��': � _. , � �: ..._ ��. .w »... !. �.. ..... � .�. . � w .. �: �. �_ .� • # . R ,. • .•� ., : ..�. �... . •�.. ! � . y� �:: + ^ �._.� � � ' � � .� ' � .1.. .�• ! �:^� ' .� � • ♦+.' + . .�.�. +. - ,• !".. - M.:.. � . � . ..t .. � . .:.�•. �. . . � *_ �: • � ..r � . *: � ��. � ♦.. R. ..... ... �. .>. .: • ::. �.�. � �.. � . .. . . . .: . .._ . - � � . • .:.._ s _ •-...� ♦ ' �' ! . MR. a �.� � :: R' ` � * D• Abstain from voting on the matter; M Shall not receive any fee or compensation for their services as o�cers or employees of the city from any source other than the city, except as may be otherwise provided by law. This shall not prohibit their performing the same or other services for a public or private organization that they perform for the city if there is no conflict with their city duties and responsibilities; N- Shal( not, in the case of an emplayee, recklessly disregard the established practices or policies of the city relating to the duties assigned to the employee; o• Shall not, in the case of a member af the city council or an employee, personally represent or appear in behalf of the private interest of another before the city council, or any city board or department; or, if the represented person's interest is adverse to that of the city, represent any person: '• In any quasi-judiciaf proceeding involving the city; or 2 fn any judicial proceeding to which the city is a party; provided that nothing in this subsection shall preclude: a• A city council member from speaking or appearing without compensation before the city council or any board ar department on behalf of constituents in the course of his or her duties as an elected o�cia(; b• Any empioyee from performing the duties of his or her employment; c• Any employee from appearing before the city council or any city board or department, in a manner consistent with other city policies and rules, to discuss any general city policies or public issues, including the presentation of viewpoints or petitions of other employees; or d• A city councii member or an employee from testifying as a witness under subpoena in a judicial or quasi judiciai proceeding; and '- Shall not, in the case of a board member, personally represent or appear in behalf of the private interests of another: 1• Before the board of which he or she is a member; z• Before the ci4y council unless the board member discloses his or her status as a board member to the council and the representation or appearance does not relate to a matter that was heard or decided by the board of which the board member is e member or a board that has appellate Jurisdiction over the board of which the board member is a member; 3• Before a board which has appellate jurisdiction over the board of which he or she is a member; or , 4• Pn a judicial or quasi-judicial praceeding to which the city or an employee of the city is a party, if the interest of the persan being represented is adverse to that of the city or an empioyee of the city and the subject of the proceeding involves the board on which the board member is serving or the department providing support services to that board. (orcr. Tspss ��, 2oa�: o,d. Ts2ss § s, zUo�l (Grd. lU�. 171 t2, § 5, 4-2i-20U9) 2.92.060 - Restrictlons. �. A. � � . �a- � * :! - � �'' � 1 1 a � ' � An o�cer, or an employee in a pasition which involves significant reporting, decision-making, advisory, or supervisory responsibility, who leaves the service or employment of the clty shall not, during the twenty-four months after leaving the service or empfoyment of the city, engage in lot�bying activities as a registered lobbyist as regulated in �`I��a�+PF;;r �_qp� of this Code, or represent any other person or organization in any formal or informal appearance before the city council or a city board or department. Provided however, the prohibition in this subsection pertaining to appearances befare the city council or a city board or department shall not apply to a former board member except when the former board member represents any other person or organization before the baard of which he had been a member and any subsequent appearance before a board with appellate jurisdiction or the city council on the same matter or issue. B• Former o�cers and employees shall not use for kheir personal benefit and shall not disclose, except as may be required by law, confidential information gained in the course of or by reason of the�r positions. This provision shall not prohibit the disclosure of any such information to incumbent.city,o�ae[s or.employees to whose duties,such,information may be pertinent. C• A person shall noi, during the twelve (12} months after having served an and left the Civil Service Commission, represent any classified employee of the City before the Civil Service Commission or before a Hearing Officer appointed by the Civil 3ervice Commission on a disciplinary matter or grievance. Further, a person after leaving the Civil 3ervice Cammission, shall nat represent an employee on any matter before the Civil Service Commission or a Hearing Officer appointed by the Civil Service Commission that was before the Civil Service Commission during the time that such person served on 4he Civil Serviee Commission. d• A person shall not, during the twelve (12} months after having served on and left the Civif Service Commission, be appointed as a Nearing O�cer for the Civil Senrice Commission. E• A person,�p�ointed as a Hearing d�cer for the Civi1 5arvice.C.ommission.shall not during the time of service and for tw.elve (12}.months after having so served represent any classified employee of the City before the Civil Service Commission or before a Hearing O�cer appointed by the Civil 5ervice Commission on a discipllnary matter or grievance. A former Hearing O�cer appointed by the Civil Service Commission shall not represent a classified employee on any matter before the Civll &ervice Commission ar a Hearing Officer appointed by the Civil 5ervice Commission that was before such person during the time he served as a Hearing dfficer. (Ord. f 5293 § 8, 2002) (Ord. Na. P7r12. § 6, 4-21-20Q9) 2.92.070 - Reporting requirements. r'� A. Financial disclosure. '• Each officer, excluding elected officials whase financial disclosure requirements are governed by City Charter, and each designated employ.ee as defined in subsection A.2. of this section, shall file with the clty clerk, within ten business days after the date of his appointment, selection or approval by the city council, a statement disclosing: a• Where, by whom and in what specific capacity that persan is employed or self-employed; �• Membership on boards of directors of corporations, whether organized for profit or not; C• PaRnership interests; and d• The name and address of any business in which the persan has a financial investment, and in the case of mutual funds and other similar poaled investments, the name of the fund or investment. For purposes of this subsect'ron, a financial investment shall not Include funds an deposit with financial institutions such as checking and savings accounts, investments in United " States savings bonds, and similar investments that earn simple, compounded or money-market interest rates; unless the person has previously been appointed to a position that requires the filing of a financial disclosure form and the person already has a current financiaf disclosure form on file with the city clerk. 2• "designated employee" for purposes under this section, means the city manager, deputy city managers, all city department heads or directors, and the executive assistants to the mayor. 3� Each person submitting a statement of financial disclosure required under this section shall utilize a form provided by the city clerk, which shall be signed and submitted in hard copy, or submitted electronically or by facsimile as may be provided by the city clerk. The form or submission process shall provide a means by which the submitter affirms his identity and the accuracy of the statements made therein. 4� No person submitting such a statement of financial disclosure must indicate therein the extent of financial involvement in any investments. 5• The members of the boards and commissions identified below and every designated employee shall thereafter file with the city clerk a financial disclosure statement, between June 1 st and June 30th of each year while in o�ce or employed by the city. Esch person subjeck to this section shall file a revised financial disclosure form at any time in which the person changes his primary employment or has made changes in financial investments which cumulatively total more than thirty-five percent of the person's total investments. Those persons who have no changes to report regarding the-information required to be reported, may, imlieu of filing a�complete financial disclosure form, file a short form annual report, provided that they have filed a complete financial disclosure form within the previous five years. a• Building and Standards Gommission. b• City Plan Commission. c� Civil Service Commission. , .:_ M . _••.. r - - . . .:�. . a.�:��:.w.un'��.� 9 Parks and Recreation Board. h• Public Service Board. �• Zoning Board of Adjustment. 6� Each candidate for elective office and each candidate far appointment as a designated employee shall be provided with a notice of financial disclosure requirements at the time of application for such office or employment. 7� The following types of boards are exempt from the fnancial disclosure requirements of this chapter: a� Boards whose regulation is pre-empted by federal or state law; � r . •�_ * �� _ . , �. � , � . � ' + ��[�_. �I �_� • Ca.M •.�. __....-.�.._ .•�� a.._ •. .e�- _-��• -.. .�.� .. .��.-� . �--��.. •. .. . . ... , 1 ..�� .�. l..• . � ^: �.:� � �M . ^: . 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R .� �., • � ^� f t. �� 'f �!^ M �.�' � %'� ! � .:.�� .::�. �! � �� f� `".� ..•.., � • •�� . �.�. . K �'t � ' � -�� !�� ' !�� ' ! # ■�' • �:�' . ��. _ •�:. ! ' �� R � .....• .■. �} �..... ! � ! , �. �'.t• � .-. � � � .- � +f � �rt�� _� " f �� •� _... #_ - �� ....� � !� *. ..�. ... � _.. � �.' ■ �:. -�-* � � ' •' , ..� M . �.. 3' .' .'.4... G : ��^ . .. � _.r - _. .._ ,.. . � 3� �.� • ....� � _..-• ■ :....� a..., M � .� � .��.. _ _ •.• •. :.♦. _ •.. � .., R_ ' -...'* y�#..�1�i �'�!.'. ��.. • �� • ♦! • i .. .. • f: �� _ y .�. .. M � �� ♦ a. . .. .. � � � �.: • � ..� . r . . � ... . .: : � ! �: y ' �� :: � i! f ��" . � ♦ �.., . • ��*. i�� w .��i #�� ! # . �' 1I - � i - �. •.� � � • , � .._. . � . . � . #��'..+' . y.. . .. i : .. �.. ! .. � . � � _. .. . a� � � ��.a. � �...! �' ! �. ' ! * •��.• ` .� ! � . ..#..• r� � �:. - �; ..\ ' s �n � ��{ .. :� # 1 .a.� �:�� ' �.�.... ! l�:: _..l: " .� �.�.. i . . i:.•� :...._. r�� i! � � � �. _ � i � � ^ � � � �� y ,...� �'� ^ _� -' �- '��' -� . _ ,. _ , ..� _ _R�. "� -':�� i �♦ � .: � t. �" + • �^+ � �- � �k � � .� _ �' •� .�--t •. .�..� �+ •..: . 1... . . . .. � ".�i �! .l..� _*' :., '. .'� . a _.' y• • � �- - •.�-� � •..'.., . ..M�� 1 l...*�� !�!. -�-��.l�• #. ...�. _ .�.� � . �.: .� � �. ... !. ..R.. �. �� lM .�..: � .�.... �... #.. a 4... �:. _ �n,N:. ..' � � i�.... . .. ..*. ��..•. -.•' ..M• * ��' �� i.�.. •w".:��# �.�* _ • .....<�'. ��.' •-�.�:+ ' "➢ ■ . �":�. -��: �....�. _. . : .�. .�. .., ....., . -M�:, ' i :. ��. . : �. * �. ., .. *:- a. �� •.�- � • r-�: _ � ` • ��: � �� ■ ^r� ��.-• *�� - '� -� -.. �..+' * :. :*... �....... �M � �.: � . • #.. - � .. .: � }: � ' " � � [, • �.. ... � .. 7. The city manager, on a monthly basis, shall prepare a report which shall be made available to the public of all gifts that have been turned over ta his o�ce for acceptance as a gift to the City. 8� For purposes of this sectlan, '°honorarium" shall mean a payment, other than reimbursement for meals, travel or lodging expenses, for services provided in connection with addressing an audience or engaging in a seminar. (Ord. No. i7?12, § 7, 4-2f-2009h, Ord. No. f7752, § f. 3-20-20i2) 2.92.080 - Complaints—Filing—Review. r�t A. Any person (including a member of the ethics review commission) who believes that there has been a violation of this chapter may file a sworn, complaint with the Gity clerk to a,llege such violations. B• A person who knowingly rerakes a false statement in a complaint, or in proceedings before the ethics review commission, is subject to criminal prosecution for perjury. G• A complaint filed under this section must be in writing and under oath and must set forth in simple, concise, and direct statements: '• The name of the camplainant; �• The street or mailing address and the telephone number af the complalnant; � � *...,� ! '� � R' M .l....R � �� r�• � �: -�y��.* • ^� �. .l�� # •....l� -a�� ' � ._!_� . �. R ! f _.._ _ *i�.. ♦• �.' M' � !�� !� �.:M' � '!�'i i .._: ��_... . 1.�'! � � � ..: # .. . : i. # � _�� . � • �._. _�`!: .. � � • ��..� � �.',� M... �� •.� #� *. . ...� . � � �� f ..�.• �. •... ..�# .T..�: .� !! .� �.l...� �.. :!�' • - �� !. .. . . . . . : . . . . ..� . .. .. �. � f.. .� � ��: �... .: ! . �.M -� �. � • '. �. �" • _ ��.�:. M : �.: <<!^.' ...l...♦_ �...:�� .�._ � 'N# '�::K •.��.�� .! • � �.•. � ! �.#� .l:: � ... .. � � -�... '# !�� ...: �!' •...... # •..�..�. !� ' . !!. . � *. �.. � t,._ � .:�.•�� -y: -�� •;.. ■� ' .�..•. • .��:�• ♦. 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" e .. � , a..., a - r ..... �' '� ...� i . , ...• •...£.. � Y - _ •:. y '� ' R � "�' � ti �: � � �. : � _ � . ��^ � ' • �..-F •�. • - ■....• . a �� - • -�... . ,.., � � � � ��- - ■r �.- .�� - '�' .� �-.. ._, . -�._ � -��-• -��:.. a• .'.�*� .l;��e .._ .._.. � Ml..�� •^R�� •^y�� _ _.�.•! �' �:�i - ._ # - .:.�� ._ �..,.:! ..: .�� ' �� l�.� � �� i �:�.:.• '. ^�...-s '��•�� r�� .•.. �.... .�. _ i...__ .. � �... �.. -.�...♦� '��' .�..� _ �.M:.,' ��.�R :...� � .:��# �' .... � �. •. _ .. •� � � > > . �.;. ... �.. ___.... w��.�.._ _. _��.. ��..�� _��.�_.r.. _...lR w::# _:.* . ..�. �;...� -.-�.�� .. � � .. • .. ' . - � .. _ ! _ . � � � .. � - ... . �. :� f i� -.. ... M ^.!� ! � ...� �l �!� � - � ��•! R #.: . � ��: ��.�� _ ' � .� . R . �. •' .l�.��' # � ��'�� 1� �...* �� . � *�.�� • '_. � !� ! ��.�. � �. �.. .. � .. t. . , � ! . _. i �. 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II ..� ♦� � l�:.-. a• For purposes of this subsection, a"frivolous complainY' is a sworn complaint that is groundless and brought in bad faith or groundless and brought for the purpose of harassment. b• In deciding if a complaint is frivolous, the members will determine if the complaint is groundless, brought in bad faith, or brought for khe purpose of harassment, and may consider: (1} � s ; r - • • ►# - + �' 1 � �- *' the nature and type of any publicity surrounding the filing of the sworn complaint, and the degree of participation by the complainant in publicizing the fact that a sworn complaint was filed with the city; iz) the existence and nature of any relationship between the respondent and the complainant before the complaint was filed; i3) any evidence that the complainant knew or reasonably should have known that the allegatians in the complaint were groundless; and (4} any evidence of the complainank's matives in filing the complaint. (Ord. 95293 § 90, 2Q02) (Ord. 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' •.. . � .»..� . * ` �... ...�.�. ..� _ . .� � .l... !.. . � � ..' . •��.: -� �. ^ .! ' �� • • . �. � � � � .� ...� �. � �.l� y 1� :: !�' • . . � �`.../ • � . �.♦ ' !�• � ...�� ! . � •�.• � �.: � � � '. � � !f• -� -� �.l - ..�� .: • i. �♦ � -.. i 4 ♦ � �:l. . 1.., . !. �! e. �' � �^'�� .�.! � " M< < - �..: • M�^ . . ♦ .�.��1 ..:.�. � ti � � !^� . ., � � � :.� � .._ ♦' ��:: , •....•... ...a - -�:..■� #-... � #�. 'f. a ..• - ..�,. ! ..l.. _. '...... R .:�� .' � � ' � ��. M - •�.. ' _� ! � .. ■ � .r. M _... *. � •. _ `�: �. - -.��R! •� . ..y M � �� • .� . _ � ' ■ .:. A�^ � ...:_ �� -. _ * ..M..: � ! ...... * � �::�. � � .:...�. i '�� -.... �' •'��l�� . ••�. ' �.��.. . �:�:.�! l-.... - ..� .i t �:��.�. � �...-� � ..� � '� ... ' : ..�..�� . ..� *.. .! k.. � ...> > � � .• ... _ *_..w..._ � ... * � .#,. : �. .� . ��...� � ....*� .� •...,R *' ....! ■. -� Y ��.: �� *� � � �..:f ,.^ ��... ��.R ' �� # - .:�:. �� '# � .' � i*��l.. . �.• .. ' ..� !M.!'� M � ..�.., . , * _ ..i.`. ..* *�.. .....R.. �_�..•..�_ � •� > >..*•�f.. �.�� * _.l.. �. ..� � ��.4- .- � ..! - �..�� •'� ! ��_ .� �l�i, - .l,��! �..:...• �' i.... l....,.� f...•�� . _..� . �� ...�.. ..�■_ .! a .'..� ::��. �` � M�.:.�� r.��. � �.. !. - •,..� _ �.f � �.. * .�. �....� •R..�_ _..� -.l,..� + ..#�� . "�� '�� • -. � _ *...�..� �t- - -a. .•. �' � � -�� .� � .y,., �..■�. �. ...:..• .,._ •��. �� . � - ...� - M: . _ _. .�. • ��,.. M ♦".:- � •' ... � ., ..! r _ .... _ '•..:.■ -R - �.-. . � •� � <.. _ .,.. ..� �...� • 4.. � .. � ♦� "�.. a - •�� •. .. .!. ��t �.:.� ..* •'. ��. � ..:.. � *. ...* .. � ... . _ ...� � _.� -... i.-... : #.. � . ...�.. . �. � �. �� }•} • ' � ..�� _ _,. � .. , ..� ��. • . ��. _ � �:�. #. ,.R _■ ' � .... � �� • 11• ... i.. - :�l.� it�.l��_! ■�� +' �r. * �:! � - �.� •. ..� -• _... �.f.. . ......' _ ... _ .*... .� • . �# ^ ! �!� '�� • ■�' �..• �:.. .!� .* � ..:�..M�l•.�.....* M �. � � � .�.. M �r.. .' ! !.._i _.. i. .. # ..�• � _. .}..� . i.f .. �. ,� •^ . .#:.. � ■ • �: _ ..� � �:�� • �� ! . ! .!. .._ '• � i�Rl�' * �. � ,...� �; �:. �_.: y.._... � .: � ^ ' ! � . i ' � �:. ' _ � �: � � .. �.._ .,.*. � �..F. �'.•.._� .�. � � _.. • �... _ .. .� �R . (�� #'�! �-�....*� �*.s.i ' �3� •.� ^ . �' � � � ! .�. ! '� �: ! - � - � #. � 4 `s�. '. #I, �. # � � � _ .. � . _ * �^.�� • �� # _ '. •. M..��R�. _ !_ ��. �. s _...�. �`. f... �. ! � .,..•_.. . �_,. _ _. ..i. ..•.�� _.■� � �._. ..•.• ! ...• 1,�.. ..._ .�. i� .. ! � .^ • . � • ��... f . .� ..�'.f R' .R - K�� .Rl..� � r . � - � ! i1 ' ' �' • 1 M �: * '.#- 1 7. The ethics review commission is not bound by the rules of evidence, but shall rely on evidence of which a reasonably prudent persan commanly relies in the conduct of the person's affairs. The commission shall hear evidence relevant to the allegations and shall not consider hearsay unless it finds the nature of the information if reliable and useful. e• A determination that a violation of khis chapter has occurred cen be made aniy upon an affirmative vote of a majority of the ethics review commission members present and voting; otherwise the complaint must be dismissed. A finding that a violation occurred must be supported by c(ear snd convincing evidence. "Clear and convincing evidence" means that measure or degree of proof that produces in a person's mind a firm belief or conviction as to the truth of the ailegations sought to be established. G• After hearing the complalnt, the ethics review commission will issue a decision ar recommendation based on the information available to the commission. The ethics review commission must: �• ^• Dismiss�Efi�'compfaint orfind thai no violation of the ordinance occurred, with the grounds for such dismissal or finding set forth in the report; 2• Find that a violation of this chapter occurred and either find that a sanction is not appropriate, or take action in accordance with subsections I or J below and identify the particular provision or provisions determined to have been violated; or 3• Recommend to the city council that the city counci[ take up the matter in lieu of a recommendation for a specific action from the ethics review cammission and identify the reasons far such recommendation in the report. In such case, the city council may exercise any and all of the duties and responsibilities of the commission. W• If after hearing the issues, the ethics review commission dismisses the complaint or finds that no vio(ation of the ordinance occurred, the . cammission shefl�create•a written�report�of�their findings or dismissal, and such report shall be filed with the minutes of the meeting in the ofFice of the city clerk, and a copy of the report shall be mailed to those persons who were provided notice of the hearing and be made available on the city's website for a period of one year. • If efter hearing the issues, the ethics review commission determines that a violation of this chapter has accurred, commission may issue any of the sanctions in subsections 1, 2 or 3 below, or recommend the issuance the sanction of removal from office. 1. Letter of Notification. A letter of notification may be issued when the ethics review commission finds that a violation of this chapter was clearly unintentional or when the action or conduct found to have been a violation of this chapter was performed by the official in reliance on a written opinion of the city attorney. A letter of notification may advise the person to whom the letter is directed of any steps to be taken ta avoid future violations. 2• Letter of Admonition. A letter of admonition may be issued when the ethics review commission finds that the violation of this chapter was minor and/or may have been unintentional, but where the circums4ances cail for a more substantiai response than a letter of notification. 3� Letter of Reprimand. A reprimand may be issued when the ethics review commission finds that a violation of this chapter was committed intentionally or thraugh disregard of this chapter. 4• Removal from Office. Removal from office may be recommended to the city council for action when the ethics review commission finds that a serious or repeated violation of this chapter was committed by an officer intentionally or through culpable disregard of this chapter. If the ethics review commission votes ta impose a sanction of a letter of notification, a letter of admonition, ar a fetter of reprimand, the commission shall prepare a written report of their findings, which shall be filed with the minutes of the meeting in the o�ce of the city clerk and be made aveifable on the city's website for a period of one year. The city attorney shall draft the letter of sanction per the direction of the commission and mail a copy of the letter to the person receiving the sanction, certified, return recelpt requested. J. li the ethics review commission recommends the imposition of the sanction of removal from office, it shall prepare a written report containing its recommendation. The report will be sent to the city clerk who shall, within fourteen days of receipt, place the matter on the city council agenda for discussion and action by the city council regarding the recommendation of the ethics review commission. The final authority to carry out a recommendation for removal from office shall be with the city cauncil and shall take place in conformity with any other law or requirements for such removal. The city clerk shall, within fourteen days of the date of any city council action taken on a complaint, forward a copy of such action to the chair of the ethics review commission. (Ord. No i7ii2, § 9, ¢27-2009) 11 . a ,. � �... �._ �, ��*.. ' �. • �.K- ..��'�� - M�- _ s.�� _: ��e� -'��• �.:�.��• �-- a. ..� •_ ^.� ... •'e� . '-�* ■�... a...♦:. _..��-_��'.��. ��.��.- . � s.:M !. _�... _ ..�. :....: ..' ' . ." � �.s�- ..: _ ... � ._. .* ' �l.�..! .!. ..• M�-�t��• i.: . �.�:: �..r..�#!'. �-..�� .�_ ...� .� �.._._ -�.•:..�..-. ' �._. � '.�.� •a..�. . � •....� _ ♦.. •�..♦. �•...� ��R •�. �� •! ^•!. - � .'.:, ...l... ��._.. Applicability of Section. 1• The provisions of this section pertaining to candidates and offceholders shall apply to all persons who have an active appointment of a campaign kreasurer by a candidate form on file with the city clerk. 2• Officeholders are subject ta the regulations applied to candidates for the o�ce he or she holds. Campaign Contributions. 1• Use of Legal Name. An individual shall not make a contribution in support of, or oppasition to, a candidate for city o�ce under a name other than the name by which the individua! is identified for legal purposes. 2• Making of Contributions. A contribution must be made in the name of the individual wha owns and is contributing the thing of value, and one individua! shall not make a contribution an behalf of another individual. 3• Prohibition af Contributions by Litigants. It shall be unlav✓ful for any person who is an adverse party in any pending litigation against the city, or who has an ownership interest of ten percent or more in any entity that is sn adverse party to the city in any pending litigation to contribute or donate any funds to any candidate for city o�ce if the litigation seeks recovery of an unspecified amount or of an amount in excess of twenty-five thousand dollars, exclusive of costs af court and attorneys' fees. Such restriction shall not be appliceble to attorneys representing a person or entity in pending fitigation against the city. It shall be the duty of any candidate to refuse to accept any contribution that may be offered by a person who is known to the candidate to have a litigation fnterest described in this section. Pn • � . �r- • � *1 - - � � �" • � 1 ! ' the event that any candidaie unknowingly accepts a contribution ln contravention of the foregoing provision, then it shall be the duty of the candidate to return the contribution within ten days after the candidate becomes aware of the litigation. D• Required Filings. � Each candidate shall file with his application, consent and affidavik of candidate, a written statement acknowledging that he or she has recelved a copy of this chapter. 2� A political committee which makes contributions or expenditures in connection with advocating or oppasing a position or issue in a city election must file with the city clerk a capy of each contribution and expenditure report filed with the Texas Ethios Commission. The filing date ior filing with the city clerk shalf be the date established under the Texas Election Code for filing with the Texas Ethics Cammission. 3• '" The starting aritl ending bates o'fi reporting periods and the due dates of contribution and ekpenditure reports by candidates for city elections, o�ceholders and by political cammi4tees shall be governed by the Texas Election Code. E• Complaints. 1� Individuals may file a complaint alleging noncompliance with this section by an o�ceholder by submitting the matter to the ethics review commisslon in the same manner as provided in Section ;� ��.t7�f4 of this chapter. 2� If the cify clerk receives a written complaint alleging noncompliance with this section or if the city clerk determines that a required report of a candidate, o�ceholder or political committee has not been filed by the deadline imposed by this section or state law, the city clerk shall farward thls information ta the city attorney for investigation and apprapriate enforcement action ar submission to the ethics "� reviewtommissian;'if WaYrahted. F• Severability. It is the intent of the city that this section shall comply in all respects with appiicable provisions af the United States Constitution, the Texas Constitution, and the charter of the city. If any provision of this section is declared by a court of law to be illegal, void, lnvalid, or unconstitutional or in violation of the City Charter, such holding shall not affect the validity of the remaining portions of this section, and such remaining portions shall remain in full force and effect. (Ord. 16901 § 3, 2aos� ........ 1 � ........ • - •� . :. . • � • ...; ..• R �•� • . • ' - #�'� M� ::. � ! - .. • -� _... ' :�,.. . ..,..•_ • .... .� ..�. . .�� ... M_ • ..r � . •�. • . . N � _ ..:. _ .. .. R' � .. . ' � . . � .. ! f .. -. � � � � : . `.... + :. ._ _ � _. � . � �� ! _ � . ' _ • R � �. � � • � R �. ..! �_...i � : ��.� ■' ...•'.. • • G •� � �! ��! � f�.. v.. �.�'� w .. �� -..�� ..i - �.. � �...� ..�. � . M� .�� . ! . - . . # ._� � �� 4. 1 ... i�� X!�' ..�'# .� ' .�.! � .f. f .. ^ � N�. ' � ��. ! • #� ..�� _ � #�:.. • � .��'� i �_.M! � �� • . .. 1 ! �..... ��...� �. .� i _ �... . . / ! ..� ! � � ._ _ i � . � � .: R �. � . � ' •. � .. � � .w rt _ ._ �' . � ! ,. M _. _ • ■ ' • - . � ' ... .� � ... .. �: � � ._...�y � � ^ .• . � .'�: � ...l. � .y... . ! !. ;.� �. �R� . M i� �� _ A�._.a �� .:. � � - .._ � ..•,!M ^ .. • � �, i# i �.: .R . . :R. � :: �.. f _. ..3� � �� . � � . ..R . __ ...� a. �: •. ' � .� # ..* . ..#,.. * e �. �� • ` �..! i... _. _ 'll:�.; � !._. ! �.:�..' � '. . M _ .y:.. � + �. � _.. •� : l.:. i • � . � � • , ..� •^� ! �. � � .. # � .` .� � . �._. !`� �! ! � '� �.: . iv �... � � M .��.• � � . �r. 2.92.120 - Ethics tralning. �. A. This subsection applies to all city officers. 1• Each o�cer shalf complete the courses af training regarding the regulations and requirements of Chapters 2�92 and 2�94 of the City Code, as provided herein. z• Each elected afficial and appointed municipal court judge shall complete an initial course of training within ninety days after the effective date of this ordinance. 3• Each board, committee and commission member shall complete an initial course of training during calendar year 2012. 4• Each elected ofFicial and appointed municipal courtjudge taking offce for the first time on and after the effective date of this ordinance [January 1, 2012] shall complete the course of training within sixty days after taking the oath of office. 5• Each board, committee and commission member who is appainted to any board, committee or commission an and after January 1, 2013, antl who has not completed the lnitial course of training or a refresher training course within the three years prior to the date the person takes the oath of o�ce, shall complete the initial course of tralning within ninety days after the date the person takes the oath of office, 6• Each o�cer shall thereafter complete refresher training courses as provided in subsection C. B� This subsection applies to all city employees. 1• Each city employee shall complete the courses of training regarding the regulations and requirements of Chapters 2�92 and 2�94 of the City Code, as provided herein. 2• All employees hired on and after the effective date of this ordinance shall complete an initial course af training as part of each employee's particlpation in a new employee orientation, as established by the City Manager ar his designee. 3• All employees hired between June 1, 2�09 and the efFective date of this ordinance who completed a training caurse on the Ethics Ordinance as part of their participation in a new employee orientation conducted by the Human Resources Department shall not be required to complete the training course requlred for calendar year 2011, but shall complete all subsequent refresher training courses. 4• Each employee shall thereafter complete refresher training courses as provided in subsection C., or as otherwise directed by the City Manager. 7he courses of training required under this section shall be provided and completed as follows: 1� Each o�cer and employee shall complete the initial course of training as provided in subsections A. and B., as applicable. 2. I a r. _• •:1 - ��' * 1 1 ,- � Each o�cer shali thereafter complete a refresher training course that will be offered during every third year subsequent to the initial course of training provided during calendar year 2012, with, the first refresher course of training to be offered during calendar year 2015. 3• Each employee shall thereafter complete a refresher training course as provided in subsection C,2., or as otherwise directed by the City Manager. 4• An afficer or employee who has campleted his initial course of training within the six months prior to the start of a calendar year in which refresher training is required is not required to complete the refresher training offered during that immediately-following calendar year, but shall be required to complete all subsequent refresher training courses, as provided herein. D. The City Manager shall ensure that the training requlred by this section is made avaifable. 1� '"" The training course and refreshertrairfing courses�fiafP be developed and provided by thA Gity �lanager ar his designees, and be subject to approval as to form by the City Attorney or his designees. 2• The training courses must include instruction in: a• Requirements relating to the standards af conduct imposed under this chapter, including, but not limited to, the acceptance of g ifts; b• State penal and other laws that relate to ethicai conduct; c• Reparting and disclosure requirements of the ethics ardinance and state law; d� Bssic requirements of the lobbying ordinance and facilitating compliance by others with that chapter; e• Penalties and other consequences for failure to comply with the ethics and lobbying ordinances; and f� The application of the ethics ordinance to unique situations relating to the board, commission or committee that the o�cer has .� been appointed to, or the application of the ethics ordinance to unique situations relating to the type of work that an employee does or the department he is assigned to. 3• The courses of training required under this section may be offered through live instruction or through the use of a video-recorded presentation. (Ord. Na. 17579, § 1, 6-14201 i) 2.92.130-2.92.140 - Reserved. ;� 2.92.150 - Penal,ty. �� a _ � _ ! . ... . ! • � - • i _ _. � � .. . .• . .. i ' � • ' M �� . �.. . ^ � • � ._ • ' .. � . i . � * �: � i . � ' -�� . • . . � i .. � .._ � � /.�� - #.. y �'�. � � ...� � _ ..R.. ! ". �� • .�i..' � '� �. � ! .:.. - ! # r.._ f - � � ��.R � ..... # _ i �..R'. _.., � ...y �� .�R R �:� �^ !�� K � � ^ .! ^.* � '. � ...^ �...� �� ' ':� . �� '.■ � �' � � !�. �. # -� - � �.� l��.. �_ �•!� � _ �,. � � . � .: • .......� *� �� . • �. •�� .�..l�� • M. �..: # - i: ...� ..M. .� � !. � � '�� '� �� ! l... � � �:i* ..�� .. � � �� -.. .. � �:�.. �,. M _ � i�i ' •- . i _. �i< <.'. ♦ .. . •^ • ..i �. R e . � : ' .:... ! � �:. ! �-. . _ �.. ! � .��.. � �^ ..,.'.. ! � � ��•� . . f� - 1 f.' � � R� - l.:�.. �. �.�� •:.. � . •... � : ^! • �:.. .* � ., !� # �y- .�:� ' .• ..r . .... - - �e��- �� . •^ .�r� � •: � - •-. . • -..��_ a� �� _ ■ ��.' •,�' • - , r � • ' : ..a• . .' ■_.. . y '.♦. " :.��. � ��:�� - .a.: ' '... +.*.. _ . *� �� ..' -' ' -♦�� ..*- _ - �.-. � ...' � • . � :�+ "�^ � � - � � � �: �� ..• � .•.. •_ � .. � _ ... ♦... :.. .•.. • ■: , _ - :. .. " �" . _ �... ��.�� • � -a � �. � � . � �*t..� .�: . R�� -:�� _.. -. �:�� r . �^_ . �': _ � ...� . ,.. . .-- .... r':.� � _. .._ . -....�_��; ..__ ,_ _ r... •..r� - ,�. � -��:..* �..,. � . � ��'�� ' :�. .�r. �� •� _ .� k � �.. � ..,M- ..�. •' -�"':.a �. � �.a:� ■ �._. ..- � ,.._. �_.. _.- - *+, *: �.:�R� .�//� •�r �..�♦ .. :I � � �. Ii.: M r �#- � � :! - ► �' • � : � � ,,,.. � , � ;.... � � L. � �...... � � :� ! �l,.� ',,�. San Antonio, Texas, Code of Ordinances » PART II - CODE » Chapter 2- ADMINISTRATION » ARTICLE III. - CODE OF ETHICS » DIVISION 1, - DECLARATION OF POLICY» . _ _ �.�.�` ��_„�i ,�tafar�rt��ntt7fpirr(�r.rs�„ �ec: ".•��4.... �'J�.fi7�i.ti[�arti3. Sec. 2-41. - 5tatement of purpose. r�' _ _ . .- . . , _ - . . _ - . .- - - -• .... .. . . .. . . . . . : . . .- � .. . . . �_ . ,,,_ . . . . . . . . . . . . . . * ! � . , � . . . .. , ..: . _ , � .- � . -. � - � . . - . - . _ . . - . . . � . . , . . . . . . . . , . . �a - •M. � �;� � •:...• • .►�..: �' ". ' ��..�� ' : �: - . !..* .. '•. - l... .♦ ' � .� 'M . *... • ' . ' �.��- � .,. ..*�•"� .. e�.. � . � �� - . fi �::. • �' � • � r ■ � � � c ^� - ". _ ! ^. .1 _ ". � .. _ . .. • � . � � . �.: � � - R i. -- . ! ■ -�� ..! ' - !�� ' �:! .� . - • .• �' �♦..' ' . .: ..M ' ; � . �� .:.� f ' f �,�'- ..� �- - �•�." � • �. �.. ' ��...*. •• ��• � • � 3 . _ t �1• .: • • .�' � � r�� a...�l. � ' ' : *• �._ ' .•. ' ♦ ' ." . r .:... :ft..�� r .. M..� � 3��_ �.�!- f -,.. ,.. r .i, _ � ...� *: *� ! ... ! � �. �' ' ��! i �. . i � �� Mf '_ .�._ .. .�*.��.i '�l.R - ��._. - Ml... * .�.. � ,�. � _ ,� � » ._. � . ' ..:..! '.��# :'f.!"� � -.: �� M !!'�.. # �.. � . . .: f �� - • � 1 .. • � �* _... . � � ! ...� ...� i si �_ � � ....': M �R... * ' ..:. ! � . - .•.. . iy- . i ._.. , ..l.. • ��' �� " �! ..: .i �'. •�� ..�l.�.. �. #:: ■ ►■'. � . ...�.. �ard. r�o. 2oas-os-a2-o2s�, § �`exn. a}, �-z-Ue� 5ec. 2-42. - Definitians, ��'' As used in this code of ethics, the following words and phrases have the meaning ascribed to them in this section, unless the context requires otherwise or mote specific definitions set`forth 2lsewhere in this code apply; Acceptance. A written or verbal indication that someone agrees. "Acceptance" of an offer of subsequent employment or business opportunities includes legally binding contracts and all informal understandings that the parties expect to be carried out. An agreement, either by express act or by implication from conduct, to the terms of an offer so that a binding contract is formed. Affiliated. Business entities are "affiliated" if one is the parent or subsidiary of the other or if they are subsidiaries of the same parent business entity. A�nify. Relationship by "affinity" (by marriage} is defined in Sections 573.024 and 579.025 of the Texas Government Code. =� M � ,,.� R.�.� � � � � ! ! �•..._n : .. � *� �. - ... i ._.- •.•��."- - � ! •' ! � - ��w . . . . . - - � �-�• - _ .� • . �� " t �.•- �-+ " ._ � ♦_. �_ � _ .': ��'.:. � ..!' -! -..- � .. •- � ' .: •N. � -.. _ .. '...� • �� f •♦ ��t. ..! .:►t� -� • .� : Bene�t. "Benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including a benefit to any other person in whose welfare the beneficiary has a direct and substantlal interest. _..:• _.._- - ..- . . . . . . _ � : . . . .. . . .. .. . .. . . . . . .. . . -. .: -. . _ ., .. . _.. -.- . . - , . . ._. . . �, . . _ * .. , . -. . __ . - . _ � � _ : . � .- �. _ . s� _ .-,. -_.:. �_ _a�: �� ' - -� .'. � a.. ��A �... . M �^ � ..<�.: � _.. .'. r _..., • .... �... � + ��:...:� � ..�M... _ ..�: �� _ � �. ■ : • �� .� � -. . � ,.. _ . ::._ �_. � _ -�• ... . ♦.. � - c �`.. .M�.�. �, • �� .: � . -�. •.. . ._ �, �. _ ..n � , !. r� : �..k ' '.., ♦, M' 'n. - . '• � e�� v . ��.' . .... _ l,., -a: �a _ a- - -. �.' : �' r::�... ..., + �! .. _ . ..�. . _ _... r . . .. � � - - - �: " M � ! . �� • - - � � � :. � � :� � �� 7 :^� � ' - ■ ■ ....�. ' ".., f ..-� .. .. . .:..' ' �:. �- ... •. ' ' �' • - �♦*" ♦ ...M � ..�..�� .� �. �- .• ��■ � ... ♦a . _ a.•. t.. .M s. ��-� .. .•::! ...�.♦ .:�..�� .: Crty. "City" means the City of San Antonio. Cade of ethlcs. "Code of ethics," "ethics code," or °'this code" means divisions 1 through 10 of this chapter, its amendment(s) and(or enhanced definitions. Comptainant. "ComplainanY' means an individual wha has filed a swom complaint with the city clerk as provided in 3_r�i;t�n�i ?-��. Confrdentraf goverrtment rnformatron. "Confidential government information" includes all information held by the city that is not available to the public under the Texas Public 6nformation Act and any information from a meeting clased to the public pursuant to the Texas Open Meetings Act, unless disclosure is permitted under the Open Meetings Act. Consangu(nrty. Relationship by "consanguinity" (by blood) is defined in Sections 573.022 and 573.023 of the Texas Gavernment Code. http:/llibrary.municode.ca TML/11508l1eve14/PTIICO CH2AD�ARTIIICOET DIV 1... 10/5l2412 � � � �'� �:• '• discretionary contract. "Discretionary contracP' means any contract other than those which by law must be awarded on a low or high qualified bid basis. Discretionary contracts do not include those contracts subject to Sectian 252.022(a)(7} of the Texas Local Government Code or those contracts not involving an exercise of Judgment or choice. l�.s. ..�.. ..M.�. .� � � .[.• ! .� � • �.�� M '�.. R '! . �.�' t •k^.., > >. . +..# ' � .. � • �..•:. R...� F �1: � � � t ... �� ♦�- . �'� ..� ' '.. � • �� • �... i ' �!! '� �..,�� • ��'� # ' ! .� M •.� . .... �. �...: . ..... '!� �.� ♦ . �.. • M ....:� .R' � .:�' �.� !� ��i.� . M.. i!� 1, ...�- � �,. ..! •... *. .....� • �' ... _ � ■..... ...�.� .. ., ! •!-� ... * • �. .' � . � _... !� ..... ��.. .... .... � f......* _.:.._ .#. *��.:. - -�..y •...�. �.. .* ��f �. ....�� . ... . �. �. _ _:� � . . _ •' ...•.. i .. 1 K. � )� - ....._ . .l.._. _ ♦:: ;. � �� ... R • � � �� . ! .• ��'�� l��:� # �•!' .... _ � •..�_ � 3 �: . s ._ �:.�..� / •'. ' ��. .^ M �: .: � .. �� !�!! . ! � ��' • .�'. � . � � ::• _ . ��.�i.� * ..- ..■ � .-:* �...,* �� -� •.��.r.�#��.�� . �� Emptoyee. Except as provided in scc.iic�rr ��;,�, subsection 2�58(c}, and division 7, the term "employee" or "city employee" is any person listed on the city payroll as an employee, whether paR-time or full-time. Enfrty. "Entlty" means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, unincorporated association, or any other entity recognized by law. Former crty o�crat or errrp/oyee. A'°former city ofFicial'° or "former city employee" is a person whose city duties terminate on or after the effective date of this code. G(ft. "Gift" means a voluntary transfer of property (including the payment of money} or the conferral of a benefit having pecuniary value (such as the renditian af services or the forbearance of collection on a debt), unless consideration of equal or greater value is received by the donor. tndlrecf ownershrp. A person "indirectly owns" an equity interest in a business entity where the interest is held through a series of business entities, some of which awn interests in others. tntentionaPly. A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it ls his conscious abjective or desire to engage in the conduct or cause the result. Knawrngty. A person acts knowingly, or with kr�owledge, �with respect to the nature of his or her conduct or to circumstances surrounding his or her canduct when he or she is aware of the nature af his or her conduct or that the circumstances exist. A persan acts knowingly, or wi4h knowledge, with respect to a result of his or her conduct when he or she is aware that his or her conduct is reasanably certain to cause the result. � . _ _ �. ... � + ... _ .. � • : �� ♦ ..� M �� . � . .� �' � r a .�. M - r .. The mayor; Members of the city council; Municipal courtjudges and magistrates; The city manager; Deputy city manager; Assistant city managers; Assistants to the city manager; City clerk; Deputy city clerk; Assistant to the city clerk; Seniar deputy court clerk; Deputy court clerk; Afl depaRment heads and assistant depaRment heads; fnternal auditor and all assistant internal auditars; Market 5quare superintendent; Assistant to city council; Assistant to mayor, � � - - Secretary to city manager; Executive secretaries; Community action manager; Public utilities supervisor; and _ .. : . .�, . . . , _+ , M � , , . _ •- : - . . __ . .. • .�. - _, .. . . . . .:-. _ � __ _ . .. _ � . .- _ _ •_.. . . _ �.-...r .«. � . . . - .- . . -. - . , . . ., _ . • .- � _ _ . _ - . .- _ . _ . . .�. . - . . ; k . :!�* '! i.� �! �• �� ilv�i •-. ... � The term "official°° has a different meaning in division 5, which is defined in subsection 2�62(a) of that division. The term "o�cer" is defined in subsection 2`52(e)(2} and subsection 2�58(c}(2) and is not synonymous with any use af the term '°official°' in this code. * . . . * - _ . . .- (1 } Any a�rmative act (including the making of a recommendation} within the scope of, or in violation of, an official or employee's duties, and (2} � �1' - � � � � � ^ � � � + i� ' �� M DIVTSTON 1. - DECLA TION OP POLICY Page 3 of 3 Any failure to act, if the official or employee is under a duty to act and knows that inaction is likely to affect substantially an economic interest of the o�cial or employee or any person or entity listed in subsections 2�43(a)(2j—(9). Offrcia! fnformetion. "Official information" includes information gathered pursuant to the power or authority of city government. Ownership. Ownership of an interest in a mutual or common investment fund that holds securities or other assets does nat constitute direct or indirect ownership of such securities or other assets unless the person in question participates in the management of the fund. Ownership of stock in a publicly traded corporation does not constitute ownership for purposes of this code if the employee or o�ciai owns less then ten (10} percent of the voting stock or shares of the entity and the value of the stock is less than fifteen thousand ($15,000.00}. •Partner. Sarrteone avho-engages in an activity or undertaking with another; "partner" includes paRners in general partnerships, limited partnerships, and joint ventures. One who shares or takes part with another especially in a venture with shared benefits and shared risks. Personalty and substantratly partrcipafed. "Personally and substantially participated" means to heve taken action as an o�cial or employee through decision, approval, disapproval, recommendation, giving advice, investigation or similar action. The fact that the person had responsibility for a matter does not by itself establish that the person "personally and substankially participated" in the matter. Recktessty. A person acts recklessly, or is reckless, with respect to circumsfances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantiaf and unjustifiable rlsk that the circumstances exist or the result will occur. The risk must be of such a nature and�iegree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor°s standpoint. RepresentePrort. "Representation" is a presentation of fact - either by words or by conduct - made to induce someone to act. Representation does not include appearance as a witness in litigation or other official praceedings. Respondenf ineans an individual identified in a sworn complaint to have allegedly violated the ethics code or the code of municipal campaign finance regulations of the city. Soticitation. "Solicitation" of subsequent employment or business opportunities includes all forms of propasals and negotiations relating thereto. (Ord. No.. 2006-a9-02-0268, § 1(Exh. A), 3-2-06; Ord. No.. 2009-O6-2S0553, § 2(Att. 8), 6-2SQ9) ......... � ,....�r • .'.' � .�....... �......4 y � .. � �.:�.. ♦ � ♦ •� � :� l�.. �.. ��.. � ',,. � R � ♦ .... ♦ �; R ,,,.. � R • �. � '� San Antonio, Texas, Code of Ordinances» PART II - CdDE» Chapter 2- ADMfNIS7RA710N » ARTICLE III. • CODE OF ETHlCS» DIVCSION 2. - PRE3ENT CITY OFFICIALS AND EMPLOYEES» Sec. 2-43. - Conflicis of interesP. 4x c�-��4 �,iri4riir-�G a_nie;yirre=atT �rf irrrvaf� iu�d r�=s�is�. Sec. 2-d5. - Giils. �,w� !..d��?�vii�l�a7ti��l�rin�ii�alu�r�. �S¢:a r$i' I�e�[ao�a+�Yrf.ailfrn caP UII�ttS� d�'iarr',3sR�, � �'e t�. C,hL C�nt�i��iini�eat:_,cf� �irs�7lr�r�)�_�i�tl.;: �r �-�4�r. �zal�lir,-yrnnar9van�er n�rc�:�,� v �-,J; p�cillilu��2�ct,'�uliy�. S�c'-!�9 -�4�tao�tsYa�t�1}ti�r5; 5ec. 2-5'L. - F'rahibiied Inferesis in cnnlrac2s. 5er, F-5� t�iv eEr.xd�r.11 cnrrir:�ci t7�r4t�niis:�-u a r�* FSM1� � �r�t�i},,.�.. rmq4 il�f,,..�:^�..rr �nrG tir�7�. t�J i'iL•^�;�eJal ict' :�.� r�c��i ,'�.. Sec. 2-43. - Confllcts of interest. �:�'' (a) Generat rvle. To avoid the appearance and risk of impropriety, a city official or employee shall not take any a�cial action that he or she knows is likely to affec4 the economic interests of: �1} The official or employee; i2} His or her parent, child, spouse, or other family member within the second degree of consanguinity or affinity; i3? His or her outside client; �4) A member af his or her household; (5} The autside employer of the o�ciai or employee or of his or her parent, child (.unless the child is a minor), spouse, or member of the household (unfess member of household is a minar); (6} A business entity in which the official or employee knows that any of the persons listed in subsections (a)(1) or (a)(2} holds an economic interest as that term is defined in section 2-42 i7) A business entity which the official or employee knows is an affliated business or partner of a business entity in which any of the persons listed in subsections (a)(1} or (a)(2} holds an economic interest as defined in,,veCi�rn :�-�� (e} A business entity or nonprofit enfity for which the city o�cial or employee serves as an officer or director or in any other policy making position, other than non-profit boards to which the o�cial or employee is appointed by the city council or city management as a non- vating member to represent the best interests of the city; or (9} A person or business entity with whom, within the past twelve (12) manths: a• 7he o�cial or employee, or his or her spouse, directly or indirectly has 1• 5ollcited an offer of employment for which the appiication is stiil pending; 2• Received an offer of employment which has not been rejected; 3• Accepted an offer of employment; or b• The offcial or employee, or his ar her spouse, directly ar indirectly engaged in negotiations pertaining to business opportunities, where such negotiations are pending ar not terminated. (b} Recusat and disc(osure. A city official or employee whose conduct would otherwise violate subsection (a) must recuse himself or herself. From the time that the conflict is, or should have been recognized, he or she shall: i1 } lmmediately refrain from further participation in the matter, including discussions with any persons likely to consider the matter; and i2? Promptly file with the city clerk the appropriate form for disclosing the nature and extent of the prohibited conduct. !n addition: (3} A supervised employee shall promptly bring the conflict to the attenkion of his or her supervisor who will then, if necessary, reassign responsibility for handiing the matter to another person; and �4) A member of a board shall promptly dis¢lose the eortflict to•other members of tMe•board and s�aEl not be �;raserF during the board's discussion of, or voting on, the matter. iC) Defrnitions. For purposes of this rule: it} An action is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members af the public in generaf or a substantial segment thereof; and �2} The term client includes business relationships of a highly personalized nature, but not ordinary business-customer relationships. (Ord. No. 2006-03-02-0268, § 9(Exh. A), 3-2-06; Ord. No. 2009-06-25-0553, § 2(Att. B}, 6-25-d9) (a) Generat rute. A city official or employee may not use his or her offcial position to uniairly advance or impede private interests, or to grant or secure, or attempt to grant or secure, for any person (including himself or herself} any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. A city officiel who represents to a person that he or she may provide an advaniage to that person based on the official's position on a board or commission violates this rule. ��} 5pecral ru/es. The following special rules apply in addition to the general rule: �1) Acquisrtion af inPerest rn lmpertding mafters. A city offcial or employee shall not acquire an interest in, or be affected by, any contract, transaction, zoning decision, or other matter, if the official or employee knaws, or has reason to know, that the interest will be directly or indirectly affected by impending official actian by the city. � r •a- w; l+ . ., . � ,� ,•'' � � 1 � � ,. � ! ! �� : .. � ' � .. �� .� � ! �� .'' a .� ' �. .. a :. , s.. .y.� " .... • _.._ .:.. .� -- �� a •�'� �� . •. M .� . ... •.. _ �-...r. '.. r..�.-..: . s. �: . _ • .�....� e ' ��w.t -- �� .� . �:-�� • '�: � �� .. _�: ■ . ; ��.. �. .».. � _ � �.. + _... .,�t. . ..... s `.-� i. . *�.-. ' t ....k #.- ��. �• .r�r.., • ��:. • •�_ �� .�� _.. � ' �• a.. . �. �� _ . � � t ♦'�_'�R� R ..�l. • :., � �� ' •'� ♦ �� •.�- !M R�.� e '* l��:M��' !�•.. - ..i. .i: l-.. . 11 * _..-. _ ....! •� .: t: .� ! y �.. .� . R' !^ _i ...R k' ..�. _ •. �_ . �.. � � � .� � ' �� •_� ..�. �. .! .# ..! �'a�.... f� .:.. . • . ..._ ♦'. R: � '.. # ` ■�M� �`�.. ,.. _ _.�. ` � ' ..+.! R � :+. � +.. ..� .. •! �.� ' i y.•_ # ^,��. � !� �.: .t•, �.� ..•�l.. .�♦ •.. .'�. ! *'.�,._ ' . *. `1: � -� � � Y'�� #� R�:.. �_ .. 1!� . ! � ._ • 1.:� R� � �......♦ ! • -� :�� .�.� . . f"^� � � �� :�^ f •^. . *.. �_.�. ��.:.-* � .t � �.... � _...•e -' ..•��.- �• �.� •�.!*'.' ..' .r.'�� '..•.. .. .� "- . -��^ . .�� •,. • �..��r � :....�-. . M - !.. .., , :. �• ��r � r � �l:�! I �i... . ' : �I. • e �/�� I. :-�"� • � �.' : -.1. Sec. 2-45. - Gifts. :�` (a} General ruPe. i1) A city o�cial or emplayee shall not solicit, accept, or agree to accept eny gift or benefit for himself or herself or his or her business: a• That reasanably tends ta influence or reward offcial conduct; or b• That ttzeDfficial ar employee knaws.or-shnuld know•is•being affered with the intent to influence or reward o�clal conduct. A city official or emplayee may accept a public award or reward for meritorious service of prafessianal achievement, provided that the award or reward is reasonable in light of the occasion and it is not prohibited under the Texas Penal Code Section 36.06. i�} A ciiy o�cial or emplayee shall not solicit, accept, or agree ko accept any gift or benefit, from: a• Any individual or entity daing or seeking to da business with the city; or b• Any registered fobbyist or public relations firm; or C• Any person or entity seeking action or advocating on zoning or platting matters before a city body, save and except for: �• Items received thaf are of nominal value; or Z• Meals in an individual expense of fifty dol(ars ($50.00} or less at any occurrence, and no more than a cumulative value of five hundred dollars ($500.00) in a single calendar year from a single source. Doing business with the city includes, but is not limited to, individuals and entities that are parties to a discretionary contract, individuals and entities that are subcontractars to a discretionary contract, and partners and(or parents and(or subsidiary business entities of any individuals and entities that are parties to a discretionary contract and individuals or entities that seek or have low-bid contracts with the city. ��} 3pecrat applrcations. Subsection (a}(2} does not include: ii) A gift to a city o�cial or employee relating to a special occasion, such as a wedding, anniversary, graduation, birth, illness, death, or hallday, provided that the value of the gift is fairly commensurate with the occasion and the relatianship between the donor and reciplent; �2} Advancement for or reimbursement of reasonable expenses for trave( in connection with official duties authorized in accordance with city policies; such payments must be disclosed in a travel report as required in ��:t,tita;, �±-7%; paymenk for or reimbursement of expenses for travel in excess of authorized rates under city policy will be treated as a personal gift to the o�cial or employee far any appficable repoRing requirements under sections 2�73, 2�74 or 2-78 (3} A pubfic award ar reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasian and it is not prohibited under the Texas Penal Code 5ection 36.06; �4} A loan from a lending institution made in its regular course of business on the same terms generally available to the public; (5} A scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants; (6} Any solicitation far clvic or charitable causes; (7} Admission to an event in which the city a�cial or employee is participating in cannection with his or her spouse's position; (8} Ceremonial and pratocol gifts presented to clty officials from a foreign gavernment or international or multinational organization and accepted for the city; i9) Admission to a widely attended event, such as a convention, conference, symposium, farum, panel discussian, dinner, viewing, receptian or similar event, offered by the sponsor of the event, and unsolicited by the city official or employee, if attending ar participating in an official capacity, including: a• The official or employee participates in the event as a speaker ar panel paRicipant by presenting information related to matters befare the city; or b• The a�cial or employee performs a ceremonial function apprapriate to that individual's position with the city; or C• Attendance at the event is apprapriate to the perfarmance of the officlal dutles or representative function of the oificial or employee; (1 Q} Admission to a charity event provided by the sponsor of the event, where the offer is unsolicited by the city official or employee; i' 1) Admission to training or education program, including meals and refreshments furnished ta ail attendees, if such training is related to the official or employee's o�cial duties and the training is in the interest of the city; (c} Carrrpaign contributron exception. The general rule stated in subsection (a) does not apply to a campeign contributian made pursuant to the Texas Election Code. id) Grfts to cfasety retated persons. A city offclal or employee shall take reasonable steps to persuade: i1) A parent, .spouse, child, or other relative within the second degree of consanguinity or a�nity, or i2) An outside business associate not to solicit, accept, or agree tn accept any gift or benefit: (3} That reasonably tends to influence or reward the city offcial's or employee's offcial conduct, or (4) � • �� ; - . . � , � , . � � � � � � '',, � � ! : � ... � !, �,, � !� �.. �.... That the o�cial or employee knows or should know is being offered with the intent to influence or reward the city official's or employee's discharge of o�clal duties. . If a city official or employee required to file a financial disclosure report under division 7 knows that a gift or benefit meeting the requirements of subsections (d)(3} or (d)(4j of this rule has been accepted and retained by a person identified in subsections (d)(1) or (d)(2} of this rule, the officlal ar employee shall promptly file a report with the office of the city clerk disclosing the donor, the value of the gift or benefit, the recipient, and the reciplent's relationship to the afficial or employee filing the report. (e} Deflnrtions. i�) For purposes af this rule, a person is an "outside business associate" if both that person and the city official or employee awn, with , _, respect;ta.the,same husiness entity: a. Ten (10} percent or mare of the voting stock or shares of the business entity, or �• Ten (tOj percent or more of the fair market value of the business entity. �2) For purposes of this rule, a"sponsor' of an event is the person or persons primarily responsible for organlzing the event or sponsoring a table ar tables. A person who simply contributes money or buys tickets to an event is not considered a sponsor, (3} A"source'° is the individual or entity that funds an expendlture or serles of expenditures. Expenditures made by multiple agents of the same source are deemed ta be expenditures from a single source. (4} An item of "nominal value" is an item with a fair market value of fifty dollars (�50.00} or less. (ar�. rvo:.2oos-oaoz-ozsa,•§a(E�h.•a}, s-2-os; OM. No. 2009-06-25-0569, § 2(arr. s), s-2sos} Sec. 2-46. - Confidential information. �_ (a} trrrproperaccess. A city official or employee shall not use his or her position to obtain o�cial information abaut any person or entity for any purpose other than the performance of ofFicial duties. ib) PmproperdiscPosure oruse. A ci4y official or employee shall not intentionally, knowingly, or recklessly disclose any confidential information � gained by reason of said o�cial's or employee's position concerning the property, aperations, policies or affairs of the city. This rule does not prohibit: f1) Any discfasure that is no longer confidential by law; or �2} The confidential reporting of illegal or unethical conduct to authorities designated by law. (Ord. Na. 2006-03-02-0288, § 1(Exh. A}, 3-2-06) Sec. 2-47. - Representation of private lnterests. �' (a) Representation befare the crty by a member of the board. A city official or employee who is a member of a board or other city body shall not represent any person, group, or entity: � (1 } Before that board or body; i2} Before city staff having responsibility for making recommendations to, or taking any action on behalf of, that board or body, unless the board or body is only advisary in. nature; or � i3) Before a board or other city body which has appellate jurisdictian over the board or body of which the city o�cial or employee is a member, if any issue relates to the afficial's or employee's afficial duties. (b} Representat/ort before the crty 6y cify officiats and empPoyees. (1} General arle. A clty o�cla! or em�loyee•shal6not represent for compensation any person; group, or-.entity., other than hi�nself or herself, or his or her spouse ar minor children, before the city. For purpases of this subsectian, the term compensation_means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. i2) Exception forboard members. The rule stated in subsectian (b)(1) does no4 apply to a person who is classified as a city official only because he or she is an appointed member of a board or other city bady. (c} prestrge of a�ce and improper infPuence. In connection with the representation of private interests before the city, a city afficial or employee shall not: (1 } Assert the prestige of the o�iciai's or employee's city position for the purpose of advancing private interests; or i2} State or Imply that he or she is able to influence city ac4ion on any basis other than the merits. (d} Representation trt frfigafron adverse to the crty. i1) O�craPs and employees (ather fhen board merrrbers). A city official ar employee, other than a person who is classified as an official only because he or she Is,an appaintad member. of a. board or other. city body, shall not.represent �ny per,son, group, or,entity, other than himself or herself, or his ar her spouse ar minor children, iri any litigation to which the city is a party, if the interests of that person, group, or entity are adverse to the interests of the city. �2) Board members. A person wha is classified as a city o�cial oniy because he or she is an appointed member of a board or other city body shall not represent any person, group, or entity, other than himself or herself, or his or her spouse or minor children, in any litigation to which the city is a party, if the interests of that person, group, or entity are adverse ta interests of the city and the matter is substantially related to the official's duties ta the city. (Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06) (a} Genera! ru(e. A city o�ciai or employee shall not solicit, accept, or engage in concurrent outside employment which could reasonably be expected ta impair independence af judgment in, or faithful performance of, offclal duties. (b} Specrat appf�cation. The following special rule applies in addition to the general rule: A city officia! or employee shall not provide services to an outside employer related to the offclal's ar employee's city duties. (c} Otherru(es. The general rule stated above applies in addition to all other rules relating to outslde employment of city officials and employees, including requirements for obtaining prior appraval of oukside employment as applicable. (Ord. No.. 2006-03-02-0288, g t�Exn.. a), s-z-os� ► � _ � i - � ! � • � � � � � � � � • • _ • ` ,� � • ' • - * Sec. 2-49. - Public property and resources. �-'' A city official or employee shall nat use, request, or permit the use of city facilities, personnel, equipment, or supplies ar time while on city duty far private purposes (including political purposes), except: ' • . .. -. * _ , � - - ... ...: .. ,__� ., .._.-: ... (Ord. No. 2006-03-02-0268, § 1(Exh. A), s-2-os1 Sec. 2-50. = Pblitical activity. �'' _. . -., ,. -. . --..„_.,. ..-.. :-. - �- .-« _ .,, .- ..._-. . .� . . --- - .. . �. .- , - . ... . :..� r.•��- ' . � �:.� - .♦..-- ,�..• ♦ -��..�+ � -�� ......� . �,..� � �a .._.. •��M�.. ��: - � • - � � �'� ♦ :. a.:�..• . - -�. • :....... � .♦'. � . ,.s . * �. - • re��'. _ M.... _. r� .- �_.- .. _ ♦�.�-� •■ ... �. � ' .,. i # i •. �.�. �:: �* a. - *�'� ': �� # .` ..s' ' •.f ...� .�� M•. . l. �.. - :. �: � � � � � . ♦.. ! �.! :..i : • -� /' � ,1 ♦ ' \l.... # •�.. _ � .� � ...l.• • ,i � �.... N _ ��...� _� ...�� ! : ��^* ��R .: ' � �� .�� ! ' � l.l � •..:.�• �.:... �� !-��!\ ^�..l.. ...�# '�M� l..�-.• #�•��R�'f.:■ __......f! �� _.�# ...�R. �� ! •��.:. !!M ..:, ...� � ^•. � - i-: _ �� ". M � �.� � _..... � ..�: • � ... •!� f. �- v: .. -� # �'�. � �... � � . �. � - ♦�� . � �.... R # __ �.� _.. ._ !� • � ♦ �i � � ! M ... :� ��..�. �i � �� y� �� .� ��.:. � i � • �. ! ' ��#.�' a... ��! ! ! �.. � � �� * �. ...w •� •.. .... ..: ��. ! _ �. . � . •' � �� -� ...l.., .R. Limitatians on the use of public property and resources for political purposes are imposed by �i r;1��r� ?^-�:�. (Ord. No 2006-03-02-0268, § 1(Exh. A), 3-2-06) Sec. 2-51. - Actions of others. ;°� (a} Vrolations by other persons. A city official or empioyee shall not intentionally or knowingly assist or induce, or attempt to assist or induce, any person ta violate any pravision in this code of ethics, (b} Usrrtg others to engage in forbidden conducf. A city o�cial or employee shall not violate the provlsions of this code of ethics through the acts of another. �ord. No, zaos-os-oz-o2sa, § T�Exn. a�, �-2-oe� Sec. 2-52. - Prohfbited interests in contracts. �=' (a} Charter provision. The City Charter in ��rctic�r� 1�'t states, "No o�cer or employee of the city shall have a financial interest, direct or indirect, in any coniract with the city, ar shall be financially interested, directfy orindirectly, in the sale to the city of any lanct, materials, suppfies, or service, except an behalf of the city as an officer or employee. Any willful violation of this section shall constitute malfeasance in o�ce, and any offcer or employee guilty thereof shall thereby 9orfeit his offce. or position. Any violation of thls section, with the knowledge, expressed or implied, of the person or corporation contracting with fhe council shall render the contract involved voidable by the city manager or the council. ib) Financial interest. An officer or employee is presumed to have a prahibited "financial interesY' in a contract with the city, or in the sale ta the city of land, materials, supplies, or service, if any of the fallowing individuals ar entities is a party ta khe contract or sale: (1 } The officer or employee; i2} His or her spouse, sibling, parent, child or other family member within the first degree of consanguinity or affinity; (3} A business entity in which the officer ar employee, or his or her parent, child or spouse, directly or indirectly owns: a� Ten (10} percent ar more of the voting stock or shares of the business entity, or b� Ten (10} percent or more of the fair market valuo o4-khe business entity; or- i4) A business entity of which any individuaf or entity listed in subsections (1 }, (2) or (3) is: a. A subcantractor on a city contract; �� A partner; or � ��.�� M } � . M� . •..:�.._ * �....�R -' �.�:��i .., ♦#. .�. _�� '•��M � � -�#: ....- . �.�.. ... * �:; _. !� � :..•,.*�� . •. . ! ��'� . .i�...� � ...�� .�� ' .��. ! ! � _. f �.� •� � � � :.' : .:� � ! -. - ��. ..� ��.�# � � �-�' �- * .��*� ■-.•� '�_. '♦��.-. ► '��■�.a .. �.�_ _ ...� - •�� - �.. .' _. .._ _ �. ..� � ��,� t ..��.. •... The efhics review board wilf make this assessment using a standard of "clear and convincing" evidence at a hearing. A request for such a determination cannot be made confidentially. The hearing must be posted two weeks in advance clearly stating the offcer or employee with the presumed prohibited financial interest, the contract or transaction at issue, and the individual or business entity that is the party to the contract or transaction at issue. (d) Any contract or transaction already in place at the time the individual becomes an ofBcer or employee subject to the prohibitions in ��c��❑ss 141 of the City Charter may remain in place until the contract expires or the transaction is completed without creating a prohibited financial interest for the officer or employee. � i�) definitions. For purposes of enforcing m5e,r.,C�rrn � 4� of the City Charter under the provision af this section: �, i'_ � � � ' � � � ♦ � � �' � � � � DIVISION 2. - P SENT CITY OFFICIALS AND E LOYEES Page 5 of 5 (1) A city "employee'° is any employee of the city who ls required to file a financial disclosure statement pursuant ta subsection 2�73(a}, i2) A city "ofFicer" is: a• The mayor or any counciE member; b� A munlcipal courtjudge or magistrate; C� A member of any board or commissian which is more than advisary in nature. The term does not include members of the board of another governmental entity even if some or all of these members are appolnted by the city. (Ord. No. 2008-03-d2-0268, § 1(Exh. A), 3-2-06; Orrl, No, 2009-06-25-d553, § 2(Att. B), 6-2509) Sec. 2-53. - City counci! contract personnel. •�`�.' . . _ . - . . . . �. . � . _ , . ,_ , _ � . _ . . . - . - . . _ ' f�,.R'- *.:.: ♦^ �^ . --. ! # ��♦ i �:..�" #.._ l....i. R- -s• ♦�� •.. .�11 �lR.. � �..... : l-....•• -.:� � ..�� •. _,.. � t .�.��. • �....._ � . !�t ��! t ��. � � � �'.. 3. � ..� :: � .. � ..� . �M� •: �! � !� '• M �•�� • . . . y - M •. � � _ ._..R i :.. � .. M.. M# .. ... ... M• '! !'.. � �...� _� i . � � *. . � !.- � �. , !_� ..l.. _ M^...# ' ��•� � .; � ' •-:i- �! � _ . # � ' #....._ •� � . � • * ...! � •_.:� •� �..• -� ' _- -' �' _' �... ♦' ♦ � ^ �. _ � ■-�� -... K �....M .� �■ � .. •�� • .::.! ..�. _ �..:�' •-... .:• . .•' • • ...M... ..-• " l... •� ��.�-• A •1' ♦... _ y .... _.. ��i . tt+ � ! / '� • •� � ' l .: ! ' i i �,. !,. ' i i ,. �. ! . ! ' � � .,. (a) A city o�cial ar employee who has knowledge of a vialakion of any of the provisions of this ethics code shall repart this violation as provided below within a reasanable time after the person has knowledge of a violation. A city o�cial or employee shall not delegate ta, or rely on, another person to make the repart. Any city o�cial or employee who has knowledge that a violation of the ethics code has been committed and intentionally fails to report such violation is subject to the penalties herein. (b} A report made under this section shail be made to: �1} The ethics compliance o�cer or his or her designee; or i�} The ethics review board. (c} A report shall state: (1 } The name of the city official or employee who befieves that a violation of a provision of the ethics code has been or may have been committed; i2? The identity of the person or persons who allegedly committed the vialation; (3} A statement of the facts on which the belief is made; and (4} Any other pertinent informatian concerning the alleged vlolation. (Ord, No. 2006-03-02-0268, § 1(Exh. A), 3_2_06; Ord. No. 2009-06-2�0553, § 2(Aft. B}, 6-2SOB) ......... R �..�: . � �........' # �.�:� �� i ' � ... � ....., � � � �, � .� !�. �� ..�� .. t� • �� • � � r � • � San Antonio, Texas, Code of drdinances» PART fl - CODE» Chapter 2- ADMINlSTRATION » AR7ICLE lfl. - CODE OF ETHICS» d[VISIQN 3.. FORMER CfTY OFFIClALS AND EMPLOYEES » _ _ _ ._ _. � • •� • � * • r�. ��a,s t,�11�I�PIWIf1�C6fY�f7L�1[I.391C�!„ ^�r�, ,t °4�� `�+ahs€:�ia� +1 i�ntaz4cr51�tFni� nC€�rid�ttrlr�la�r�rssts.. �,c .., � 5�'� ,�.rior �5�t�_ �1(�a�.1aYl�ii �� ili� sae�o;�d'e�aki�n, �wa€;! �r ��i�nn��±,ii alien,n� ca¢ ir urk�s. �,ri, � af�3_F�r�a�a(LiR�� IiStr�r,•sd Irs di:cre[�ca,�<ar r.��, €a�s�� Sec. 2-55. - Gontinuing confidentiality. :� , . . � . _ . . - - ; . - � . . - . . - _ . . - - . , . _ . - . . . - _ . � �- * . .. -- - .,- . . . . . . . .- . .- * * � � � .: �' . �^M� i i�� 'R . •.� �- �� f �M � e _..:: f' !.. f...1 • � (Ord. No. 20Q6-03•02-02fi8, § 1(Exh. A), 3-2•06) � • . � � � • . - . `-�-��- ..��..'�• ,:... � __ ..•-�- -�� . .�� -�rM:e - +... , _.��♦ . �,�� _ ...R_ �. . . R�� •� a�� ' R�� . � "R�r ' �� . •' •.. � �. • a' ' •� �: •- �[ i" • . . .,. _ _. .. �.. .. ■ '� • � ♦ :� .: .. •r. a ■.. •.r; +_ • - _ � ..�. � • ' �♦�� . + �- � .. ...,.��. • �. �. • .. ..• . : �"* . ■-�� ;: � ..' •._ � .� ee� � .. _ .. .' �� ♦ � l�.r .. •.. .. �r .t_ �, .� i. '- s ' .: Ma. r • �..._ ■sa � . .�i.'. f ' ::a • •.- ' •t. �a � •�a.. � ' � . `. •-� �.� . .. • .....■�. ,',.. :. �� -�� •' .:.. � .� * � � .. . � _. :* � �. . ,.. R �_�_._ . ...#:* .- .._. *.-.�. .. �..�•.. _ e�.. _ ....r- �■ -. .:�..._ �..: •.,...** ".- a �.,�_ �.. . � _. .�..�a - ♦ � •� � ' �-:.♦ - ....� ..:�- .�. ♦... } �' �:• � _�-� ♦ • � e:� ♦ . �, .. �.. _. � � . _. _ � �. a • � •" �. ♦" �♦ r.� ■. -� .."�'� " -" ♦ • :: a _ ♦:.:�.... 3 �.'� •��.- M t��- R �.i! • . •"� � ...a �.��. -� �.�� . �:.�� i.... •' � -..._1 �'... ........�K -l...._ •'�1�. R�. RM ■ - ♦#! �;::! ! Mf::. * * . ,�: _ _.. R ��'....:. ♦ �..�.. ..R..� • .... * - ..�. • . ... x ..��> >� ■� N ��. ' _ _i _ �� i •...., � �.. �.��.�.....-., �.. t •!�^. �! - r.. . •.. !. � _. � _ • � .. • �. � ...! � # ! .�.•• - � :�.. �. � _ �� ... . .l.. .� ,� #� . �' - � • . �. � .. . * , �. i � ! �: - • � .� � �.. � ! .. � .� �: � �. R # ,. � � : • . ! . . - . - ' . a �'J'�'. . •�� !� e:�.! ' _�•. - � * _... ! .:.�1 ' R�♦ " �� • ��:.». � _... * �... =•' _ .:....�- .y,. ..� �� .-.. � ��.. � -.. . �:. ! � , ' � . �.... � . _ � � � • . • i .. _ . ! . . � . .. _. � # � ' � � ♦ � # ! ..l�` •.. #�♦ ! ♦ ..... :'i!.' - a..._ _�.. � ..i.. _ #...� �.� .:� � . .,�! � ..• .: #�' !♦.'.'. ' �.� : . �.. � :� � .. .` . !� ■..�'i M �� ! - �...' R # ��. • - �...� i # . �.. • e i�. ! / � /. r�� ..�,. � . . •.� # . r � . . . � ��.. � ��,.. � � �. a A former city oificial or employee shall not, within two (2} years of the termination of o�cial duties for the city, perform work on a compensated basis relating to a discretionary city contract, if he or she personally and substantially paRicipated in the negotiation, award or administration of the contract. A former city official or employee, within twa (2} years of termination of offcial duties, must disclose to the city clerk immediately upon knowing that he or she wiil perform work on a compensated basis relating to a discretionary city contract for which he or she did not personally and substantially perticipate in its negatiation, award ar administration. This subsection does not apply to a person who was classified as a city o�cial only because he or she was an appointed member- of a board or other city-body� (ard. No. zoos-o3-o2-ozss, § 1(exn. a}, s-z-os� Sec. 2-58. - Prahibited interest in dlscretionary contracts. � (a} tmpermissibte rnterest in drscreironary contract or-sa/e. 7his subsection applies only to contracts or sales made on a discretionary basis, and does not apply to contracts or sales made on a competitive bid basis. Within one (1} year of the termination of official duties, a former city o�cer or employee shall neither have a financial interest, direct or indirect, in any discretionary contract with the city, nor have a financial inferest, direct or indirect, in the sale to the city o/ any land,,materials,•supplies,.or s�rvice, Any, violation oi this.seckion, with the.knowledge, expressed or implied, of the individua! or business entity contracting with the council shall render the contract invofved voidable by the city manager or 4he council. A former city o�cer or employee has a prohibited "financial interesY' in a discretionary contract with the city, or in the sale to the cify of land, materials, supplies, or service, if any of the following individuals or entities is a party to the contract or sale: i1} The farmer o�cer or employee; i2) His or her parent, child, or spause; ��} A business entity in which the former o�cer or employee, or his or her parent, child or spause, directly or indirectly owns: a• Ten (10) percent or more of the voting stock or shares of the business entity, or b• Ten (10} percent or more of the fair market value of the business entity; or � • . •�. � ��, - - . r • ' � • ' • � 1 1 � ....... � � R'.. � ` ......� � � � ' a � ..; M ....:� � • ! ' M . _... (4} A business entity of which any individual or entity listed in subsections (1 }, (2j or (3) is: a� A subcontractor on a city contract; b. A partner; or � C• A parent or subsidiary business entity. (b} Exceptran: prforemptoyrrtent ors(etus. Notwithstanding subsection (a) anc� �a��:ti�.,rr'F-57', a former city officfal or employee may upon leaving offcial duties return to empioyment or other status enjoyed immediately prior fo commencing a�cial city duties. (c} Defrnitions. For purposes of this section: (7) A'°former city employee" is any person who, priar to termination af employee status, was required to file a financial disclosure statement pursuanY to subsection 2�73(a}. (2} A"former city o�cer°° is any persan who, immediately prlor to termination of official duties, was: • � a• The mayor or a member oi city councilp b• A municipal court judge or magistrate; or C• A member af any board or commissian which is more than advisory in nature. The term does nat include members of the board of another governmental entity even if some ar a!I af these members are appointed by the city. (3} The term "contracY' means any discretfonary contract other than a contract for the personal services of the former city official or employee. (4}, ,.The�term "servlee'°�mea�s �any,senrices�other�4han�the personal services•of•the fiorrrter�official or empioyee. (Ord. Na. 2Q06-03-02-Q268, §?(Exh. A}, 3-2-06; Qrr/. No. 2009-O6-2S0553, § 2(Att. B}, 6-2608) Editor's nofe— # r � � li'-1. � .. � .:. : ,»i �� ._ l�.. E •-a' - . �.. : -.• ! ��' • .�. �.■ _ �'� ' � �.'y -.� .. / ' w 1 � ,..� �',.' +,,. � , .., / � �: � �.... � � � �� /�, ! ��.:.. � . � ,. ,� I � .... � � '„ ! . . ':. r � - . .1 � ...� f�: a - �.•� ! :� � # �,. :: . �.♦i ♦ .. .:. f�' 4,. • + . ... , •i• �.:ll .� ` . � .. : �� ! � �. :. � � � � ':;. � + �� c � :ia C'�r�;r�ns �e�.,kinia� rli,cr�IG�rra�r3 = r�i�(rG�c:.�.a:. �t .��,,,�:a?.i� C}I �."�;::.:tr t.t� 35tir.�e;:ijp t5r'� wl�lt a'if� r�Fili r�k7,,,ni erPi nl[. r'�4;.. S�r 2-�i f i��hsf��it�€i ��ntaar.f�� ksarmc� t.r�nE1'.�t�t �alEa:iCc€lit�,s R•,toa��.. Sec. 2-59. - Persons seeking discretionary contracts. �' s . -� .. - . - . . - -. �... . . �. .. ,, . _ _, i . _ . .. . . , _� ' . _.... . ..li� R �,.. .. � �! 1 . i� . �_. � . • � � ' R ,��. R . �. �. �.. � �.i. �i # � �� # ' ■ _.....• � ... ! •R•.. .♦ . i .. ..._ ! .. ..t �...� M . l..... K • w'f ��. '� � . _ ♦_.. . a .... ...� � R ♦ . • ' . �.. i '� # � �� .:.. ' �-:_ . # � '.. .�. .' t � �•. ... �� • � � � .., � � ..�. .. � _ .. ... #; .. �- f 4� .. � -.., . . N�. � �' . �� ..R � ...�. � '. � . �. . . _ .. ; _.. _..�. • .... � .. e .� a '.. . � • � M��- � •_ � _.- : � !.. ' � " . �� . ��a . r . • ^. ..: .� r ■ •�- . •. .a. ... _ • ��..- ! .:.. ..� �� ! � .�� . . '� � -� �.. Me:�� # �_ • '�.. � � ... • • �.� R �.� .��! ., ��... .M �:... !�h :.,1 - �...i �� l,��* � ♦ �!� - 'v:� � •�.��'�� -��•�_ * ��_. R' •.��■ � �♦.�.:.. � � � �e: � ' .. * � . ! � ` . .: .... � - ■ .: - R �. �, # � . ..� , ! � �� ..�� .... • . ! �� • :.��. R . ,. �� ! �.• �t �.... _ � # ��. �• •�#�. i f !. .._ ..� � � �� . v.... .+ M': � ..l....! � �.'i. 'R•. ..� � i � • �. t' � -...• `..� ! �.. � ^ �.» 1.! - �.... M �: *�.� ' ' W .�.� ' - f .. � # . .. � v.. � . � � R: ..\ �... f . ! ..� . � ..�. ' • . � �... �: � � �� .. �..�! .. ! .�. �• ^■ -f t !^' '.y � �� ...�. .M �•.:! a. .• i .. # � ..__ * �.:i ��• � • ,_ i ....� M rt.._ # .�.. � ...`•�ii��. ♦��: . .:..�... .�..... a �.'M .�M,��M+...._ .. �3 �.. �� M:�� •. �.'� ��e �-, .M_ ,..... _.-. � � .! s�•..' f.... _ .e.:• _ ...� ��♦" f. . .�.♦ -.�.. ..R.� : ��..� •� .�:.:.. •....♦ ". .�.. � . R . . A � .. . M .. ' f M � �� ! .. ♦� ' -�* ' *'� �.': � � -[ ■'. ■ -.. �... .� � _.... ..a � .� � �. _.. � �::�:. !'. # _ ..f, -� .• R �! '! .!: R ,... ,.� t . � M• -: _ � .��:'.. l��. •� M�...� ..� � .f.. • .i..:�.! �� .!' � ��.' � ._.• i ♦ �.11 � - ' .. nf' ■: �� ! �. � � :�, • � � . �� .. . a ,..-. � •. �:� ! '� ��■ �:... : M 'l.:�.. �R R�• �� ...... '! # '��..• -• � �.�� .��. .�� R �. �.. _ ._� � � �► ��. Pndirect contributions do not include contributions by owners of a buslness entity who hold less than five percent of the fair market value or voting stock of the entity. �. . . . . _.- _ , - . . , „ . . . : . _ . _ . - .-, _ , .- . : . . ..� R� . � R ��^�' .#_: � ..... � ....: : !�l:...! • ��'��!- -�.�.! k. �� • �'�i. �. � w � �.�� .._ !��^�� '�lt- _.�.- _'R...� .. ��:.� '�:�� - .Iil. � �..! -1 ..� � .:..♦.• ��: _ �.��- �� .. ��: � . � . .-. ' .' �� _ ..'..� ...�.� .�.•�� k � -�:.��• �'��:! l... -�• • �-M■ � ' . � a .._ � ...'.� ' •^� � �� ..�,. * ��.. R �. . ! � .� . � . .., _ �....... . �� - �!� � . ! !�� - . f� •._... ...• #' �� •. • .��• � M. � (c} Brrefrng papers and open records. Briefing papers prepared for the city council concerning any proposed discretionary contract to be considered for ordinance action shall reveal the information disc(osed in compliance with subsections (a) and (b}, and that information shall constitute an open record available to the public. (ord. No. zoas-o3-a2-ozsa, § f(Exh. Aj, s-z-as; Ord. No. 2009-06-25-0553, § 2(Aff. 8), e-2sos� .� � . . . .; . � . R ,. ... ! . �. ._ a ��. �r�•.�.:� . .. �^ * .�►.'. � r..'�� ^ . � ♦. � •� ♦ � . •�� .�.. a , . -, .i _.. � .�: -..,.� *-...�... .��.a _..: . :.. ^ •�<� - ►�-�. -�.a.•♦�•s� .�.♦.. �_:�-- . ......•_..• ..•��.: . f � "' . � t �� , '� r- • a r-.�• . ^ ��. r �� 4.. * i � �e �. �- a�e�e _ . .�.-� � . �: _ * • , �. .... __ ..� � -., � _ ..♦..,. � ' � . • a��- r . "t •. *:.-•� t.. - �. 4.', . '.��• ��•' •�� , '. t.' • ��.:,.� ....._. � ; a . .�..i. t . #:.� J M. •. i::.. a ��.:�. _ - , #.. , .� .• . * ...,. # ... ..i -.. i •��. �-• i_�...� .♦'.� � ��M�-� � �:.• .�.�i • ..:...^ _. .� .... _ �! .,_�...l.. M �'�� l��M *'�'��h�� .� � . a�. :. • 3 '._ � �� .. R ... * _ . . _ _ . .. . _ .� ... 3 ...'. � • � � - !' . • � _ i •. k �. ._. �: # � .:� • � -. -�� ' �^•� - : ' . r ::. • .. .... _ . . . � -�. . : � ��- • .,,, r ■.-� �� ♦�a ..�. �.: �-::. -� " �.'.t ��.... ,._. � . ..�.. � ._. : ..�: � " •s.-- .,. ". ..�.t ��^. _�.�.* • ...: . ��' .*.„. � +� ..�•�: •�a ♦� -.:., . - �.- � �..► •' ��•�� a ��. ',•..'�� .�� •.r��+ .:�'.' � r...:, ..,�.. .. + - ' � -• �' ..f.� ■ � �.:� �'.- , , :: . , _• ' �.' . �- .'� � . �� .,� �� * _ -.. + .�.. . . �.: ^ .�� ' ��.. '• , 'i • • .1 �x i�� I�a . ir ♦ . • ► .,,,. � " 1 .: f ��: I !, ,.� f ! # '; � # #., .. � • ',, � * ,. .� � � �. ��' M � ., I ! . ♦ � 1 ! . �,' �,; � • .:;�, ! .. I '. � � ! .... � ..., , � ... R .. . � r �� ,' � ... .. , .�_ �.y » . � * .._. . _��.• " � :. - + �.� : ��..� ► ' � ��.�• . ��:.. R= .: �:. .. �- r M� - r�:* ♦ �r. :..,... �:..... t .� . _ �: . � ' y'�. '. � . M_ _... -w..r�,. r ..- . ...... ._ - , .LL■ ' ♦�� ♦� �� .' ' y. - *,:�. a _ ' # ♦ � i- _ a ... a . �.: �_' ..,�.. "� • • �_ � � ��.• .�� a �': . " ' �.� :.. �• -� ..�� _ .s.. a�':.�. _... � _:.. _� '��. . a _ . .�: • ' •��e,-' • .:�� ' as.��- _ ��.a��a_ - * * 'M� ' .•��♦• �'+ �� _ e.��..� .. a i♦�. ".. : • � • •�� ♦��♦.� � •,� �` �s �.,. . • _' :�' � '.r �• � � .. � + r� �.. _ � _. ::� � �....�- _ +... (ord. tvo. zaos-os-o2-o2ss, § i(Exh. A}, s-2•os; Ord. tVo. 2009-06-25-0553, g 2�art. e}, s-2s-as� I . . �•- • 1w - -• • • `! `" • � � 1 ! ' � ',.. � � R' � R,�;' ! f San Antonio, Texas, Code of Ordinances» PART ff - CODE» Chapter 2- ADMINISTRATION » ARTICLE Iil. - CODE OF ETHICS » DIVISION 5. - LQBBYI3TS» �Uc ;;„,f�� [7��itii;�n�_s.. .�t �2-%� P r r�r��.; �nx�i.11te*tI Cr� �t i]i I r �� It�bkoaps@.� t c�c 2•GA Lxr��tiiiliss.. ��;: 'l-F�.� 3-�+^e 1�,�,1�-�tlss',�t4,. `�Cc s.�",ri� • S��t�ssie�7y aelrvlty PeulyrC.:s�, Sec. 2-67. - R�stricted ac4iviiies. Sri: r" �,'� I(t �i�hfC.'7"sC)n t�f cl.i.r-�r, iE.�.. '� c. �y��1 Ti�,l �c,l4ci�m„s rzf fiiii�s�t r��,trtilicr�i�r� �rnsl rrrr¢arf:;,, S�c ��°u;',�t1tTL��4�;+E7nSlr�rry: Seu 2•�71 C,�nsti�¢��.tinri I ric?Itits�.. Sec. 2-62. r Definitfons. �P As used in this division, the following words and phrases have the meaning ascribed to them in this section, unless the context requires otherwise: .- +�.�.. �f.. �..'.� _ »_ R �._ • �i i�' ::..� �! �' �� i' f'R.. ,..�_,. _.�. } ...l. ! ...:� .,�.�� .:�: �. � �� ' ' - �*.�.� . •-�.:... � ....R � �.��. �'t...�� - ^.:R:... � . . ! ! _..M: �'. ' .� _ • �.� � � �..� . � .i^ ' i^� . �� • � R :.. � �� R., .�: �F i .. �, !_ w .'. ��:�� R �.• , .�. ! - � � f' � � ��l� � M^:� � - .:. _ _.. ..! .:...y� _ .-. .�. _ � .... � �.. �.., ! � �� .• . � � ■' ::l. � *'�... ! ! � ..l: _�. .. R ..� ...*' • ......� � ! ,. ...• !� M:�. ....• • �.: i •��.: � i �:M � ' R►. � !� ..Vl�. � . \ � .� . � .. � � :.. ..� ♦ ♦� _: ! �. _. �.._ R M ^ -. . � - . ..� .. �. �� ' •:. R�. * �.... � _�,.. !�� i -:. .♦ '�■ • �.. ! .... ��. �� .. .'� !�. �n � � .�•, i � � � .,.. �� _ _ �..�. 'y •� �.f�� i ��^. _ R,._.. �_ ' �� ' a � � � . M� R _ � �• . �� ! - - i..... � -.. ...,. a�^ • _ �s: �_ � .' ' ►... # .. .. � a .� M. �� _ ...,r • M... ' ' �� • r . . . � � :. •. � r�� • ,t�'. :��_ • _�. ��. .�.�•: t � � � Mr�.:�� ,_ � ..: � ■ �..�.. - '- •�.. '_ - ._ +�-� a�,. � :�� +: • �:, � � �i �: # -" MM� � i� �.! .� ♦ . .. � ' . .... :� i.. .. - R _ ...._` -.. . + �.. �... � �. R' !!* � ��■� # �.• � M' ��.R�� ' •��'� •RR. � f ! . �� i- • � ��. • ♦'� ��. �....�.. � -� .�� •�� -_ ::..♦ • '.. 'M- •� �� - . �::.�� •. � �...; '* .� - �.. ... _#:.. � .�..*. .. f�.�.�.M . �'��l� �..l, ... .■��.' i' �.i� M ��: w��•�. ♦� �_ � ��. �.�. k ..1..! . f...�. f �...*.• ..• � : . �a ! ♦•... ! .....: �...� • ....• - ..(� . -.. _ '..' � �� *��.��.' _�: � :•..! .�:.. � y� •i�•,�� ' �' � ' • ' '..t � � • .' - _ � _ _. t * .. * . � . � � _ � �� _ � _ .. .. _. a.. i ... �. � r .". � .. :: � � + - .. * ' .. _ .. , �R �K ■ �� -* -._ � � �� ♦� .f � .:�� • .� # ��.. �t- ..i � �_ ! R," :.. • _... • � !i• . �.> >.: �� R ��■ � M� ' �.♦�� ....��. ♦ .! � .: . #`.�� . ! �._. • � .. M�� ! - #�� .. �,! _... ! .M-..� ! �#._.. !�� Mi��:..� � ��- i.�� l.��r, �• ... .' �! �.•:� .k�..�.:R,.. (1) The payment ordinarily would be made regardless of.whether the individuai engaged in lobbying activities; and i2) Lobbying activities are not paR of the individual's regular responsibilities to the person making the payment. � ��M' ��. � ti.' ♦. . �' -. : . � .. !�: � .: M' • �� -. ".. . . _.. . N ' �^ - .:� ! � �. i - •_. . _.. � •.� ��' ! �� R�� .' _' . •R•. � •�.�^ Nf... ��! ....M � '��. �� i � �'� . �-�.. � R' .: � • . !-..�� h ��^ � � . ..! ��•. '..f �^��.. � v...� . � �.�. _* •�.. .. �_ a�� / .. _ • �! ._.. � - _}..M - MM i_ i.. ..l� �* ��' a .�...i •, ��• �� -• � ��.�� :. f .■^ �. �.. . : _ ,.. ��:�..• .•� . �.. ..� � ^, ! ' 3�� - '� • �... :� ♦ ...• � •--.. � � .�1 � ��.!' �} ■ •..�_: _ _ �.�. � _ � �: > >. ._.• . � �e�' - ._� � ..� �.. ! �.. ., �. � '� •. _ *....., • _ *...,.� ! ��• �.� .. .:� � •�� •�� -#^. a� } ' !..'� •�R.. �.! � .-... _ _ .:-. • N+.. � • !#..�_ !. �� ; ��. � . �' * "�� '•�. �^. .�..• .�wti. � •'�..M. _ _-..... �l.. ..._ R ��• t �..:� .i �� -� �.� _ '. i-��.� !�• #�..• - i..`.. ��.. , � •.. �.♦ .�., ��# '� R .• -...._ � ..., _ � �.,!_ � �� ..l� �.�..� i '... � � R _ � • !�. .. ! ��..�. _ -�.... � l...��:! a. •-..�, -il-.,.! ♦.�� :...�. M:��i.� ..#.�a.. �'i,.. ��*�-R•...�'..�.. (1) The amounts paid to the individual are ardinarily paid regardless of whether the individual engages in lobbying activities; and �2} Lobbying activities are not Rart of the individual's reg�lar responsi4ilities to the, person making, khe paymant. _..,. _ .--. - _� .-- ... .. . ... .. . ..... . .� .- - - , ._ . , ..- . .- - . . . . . .. . .. , , _ , � - - » - .- . _ _._ . , »• . . - . . .., + _ . _ _. �. " �...-� '. �.: r �*-.. ..♦ .a-: - •�.:�� : r a :�lt a� �* -.. � .._....r r�.._. ..• . .•..._ _�- �� • �� . � .�. :: �*� �♦ :.. - �� • . �... � -� r • r-...s _ ��.. * . ��-�- e. �-. _ _.. _ ..:.. . r. . ,.. �- ��. .._ � �'��* �. (e} Gift has the same meaning as in se�ticsn ;r.-�1r ��} lrrtmedrafe ferrrrfy means a spouse and dependent children. i9} Know(ng(y has the same meaning as ii� r�r lir�n �_�� - � �i - ' � ; ' � ' � � �' � � �`��l7�►��It�7� .i�/�►`II.� (h} Lob6yisE means a person who engages in lobbying, whether directly or through the acts of another. If an agent or employee engages in lobbying for a principal ar employer, both the agent and the principal, or the employee and the employer, are lobbyists. i�) Lobby or tobbyrng, except as provided below, means any oral or written communication (including an electronic communication) to a city official, made directly or indirectly by any persan in an effort to influence or persuade an o�cial to favor or oppose, recommend or not recommend, vote for or against, or take or refrain from taking action on any municipal question. The term lobby or fobbying does not include a communication: iT} Merely requesting information or inquiring about the facts or status of any municipal question, matter, or procedure, and not attempting to influence a city official; i2) Made by a public o�cial or employee (including, but not limited to, an official or employee of the city} acting in his or her official � �•capacity; (3} Made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public; i4) Made in a speech, article, publication, or other material that is distributed and made available to the public, or thraugh radio, television, cable television, or any other medium of mass communication; (5} Made at a meeting open to the public under the Open Meetings Act; (6} Made in the farm of a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding; (7} Matle in wrlting as a petition for official action and required'to be a public record pursuant to established city procedures; ie) Made in writing to provide information in response to an oral or written request by a city official for specific information; ig} The content of which is compelled by law; (1b) Made in response to a public notice soliciting cammunications from the public and directed to the offcial specifically designated in the notice to receive such communications; i11) Made on behalf of an individual with regard to that individual's employment or benefits; i12) Made by a fact witness or expert witness at an o�cial peoceeding; or (13} Made by a person solely on behalf of that individual, tiis or her spouse, or his or her minor children. U) Lobbying firm means: �1} A self-employed lobbyist, or i2i A per,son that has. one or more employees who are labbyists on behalf'of a client or clients other than that per.son. (k} Munrcipat question means a public policy issue of a discretionary nature pending or impending before city council or any board or commission, including, but not limited to, proposed action, or proposals for action, in the form of ordinances, resolutions, motions, recommendations, reports, regulatians, policies, nominations, appointments, sanctions, and bids, including the adoption of specifications, awards, grants; or contracts. 7he term "municipal questian" does nat include the day-to-day application, administration, or execution of existing city programs, policies, ordinances, resolutions, or practices, including matters that may be approved administratively without consideration by a board, a commission, or the city council. The term "municipal question" does include all discretionary matters before the board af adjustment, the planning commission and all advisory committees and subcommittees thereof. (I) Person means an individual, corporation, association, firm, partnership, committee, club, organization, or a group of persons voluntarily acting in concert. � (m} Registrant means a person required to register under s��:�Yai� �•s;� (Ord. No. 2006-03-02-0268. § 1(Exh. A), 3-2-06) � •� -. . -. ��■ Except as provided by s¢�;tican ;�-6�, a person or entity who engages in lobbying must register with the city clerk if: _ �� . �_ - -•- .�.� �- -�.-.- ... .:�� - �. . ... � , , _ .- . � - . .- . . - : ... . . . 7he terms "compensation" and "expendiiure" are defined in section„2w 62. (Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06) • � � The following persons and entities are not required io register under sections 2J,83 and 2=65 or file an activity report under c�7ti�� 2�6: (1 } Media outlets. A person who owns, publishes or is employed by: a• A newspaper, b• Any other regularly published periodical; C• A radio statian; d• A television station; e• A wire service; or f� Any other bona fide news medium that in the ordinary course of business disseminstes news, opinions, ar paid advertisements that directly or indirectly oppose or promote municipal questions or seek to influence o�cial action relating thereto, if the person does not engage in other activities that require registration under division 5. This subsection does not exempt the news media or a person whose relation to the news media is only incidental to a lobbying effort ar if a position taken or advocated by a media outlet directly impacts, affects, or seeks to influence a municipal question in which the media outlet has a direct or indirect economic interesf. (2) http://library.municade.co TML/11508llevei4/PTIICO_CH2 _ARTIIICOET� IVS... 10/5l2012 � • •:: Mobrlizing enfity canstrfuents and nof-for-profit organrzations. A person whose only lobbying activity is to encourage or solicit the members, employees, or owners (including shareholders} af an entity by whom the person is compensated to communicate directly with one or more city o�cials to influence municipal questions. 7his exception is intended ta apply to neighborhood associations and not-far-profit organizations. i3) Governmental entrtres. Governmental entities and their officials and employees, provided the communications relate solely to subjects of governmental interest concerning the respective governmental bodies and the city. i4) Unknawn munrcrpat questions. A person who neither knows nor has reason to know that a municipal question is pending at the time of contact with a city official. This subsection does not apply if the existence of a municipal question is discovered during on-going contacts with a city official and the person then engages in additional lobbying of the same official or other city o�cials with respect to ••-•that municipa4 question. (5} pispute resolutron. An attarney or other person whose contaci with a city o�cial is made solely as part of resolving a dispute with the city, provided that the contact is solely with city officials who do not vote on or have final authority over any municipal question involved and so long as such an atiorney complies with Rule 4.02 of the Texas Disciplinary Rules of Professional Conduct, as amended. ��) Corrrpensat(on of regrstrant. A client who would only be required to register unde� se,�#iurr�� µ� because of any expenditure to compensate a registrant, other than an employee, to lobby on a municipal question of interest to the client, provided that the compensated registrant files a registration statement or activity report for the period in question. i7) Agent or emptoyee. An agent or employee of a lobbying firm or other registrant that files a registration statement or aciivity report for „• the perlod in question lully,disclosing ali relevant information known to the agenk or.employee. �B} tndividuaL An individual who engages in lobbying but who neither receives compensation nor expends monies for lobbying with respect to any client. The term "expends" does not include the cost of photocopying documents, or creating other informational materlal by individuals wha communicate with pubiic o�cials to express personal opinions on behalf of themselves, their family or members of their household. (9} Aftorneys, A licensed attorney who is performing an act that may be performed only by a licensed attorney. (Orrt. No 2006-Q3-02-0268, §��EXn. a}, s-2-oe; Ord. No: 2008-06-25-0553, g 2�nrt. e), s-zsas� . , -_* . +r (a} Separate regisfratians. A person or entity required to register as a lobbyist under s�et�n� ;�-�:� must file a separate registratian form for each client. A registrant who makes more than one lobbying contact for the same client shall file a single registration form covering all lobbying contacts for that client. Each registration form must be signed under oath. If the registrant is not an individual, an authorized offcer or agent of the registrant shall sign the form. (b} tnrtiat registration. An initial registration form relating to a client must be filed by a person required to register under s�r,.9�c�n �-G3 within ninety (90} days after the start of lobbying activity for that client. However, in no event shall a registrant knowingly fail to register, or knowingly fail to disclose such registration to relevant city officials, prior to o�cial city action relating to the subject matter of the lobbying activity. �c) Subsequenf annuaf regrsfratian. Except as provided in subsection (Y� subsequent registration forms must be filed annually each January for each client for whom a registrant previously filed, or was required to file, an initial registration form. id) ConsatrdaPed registration for frrmslorgan(zations. An individual, firm or organization that registers as a lobbyist and that employs agents or employees who engage in lobbying activity on behalf of the registrant's clients may include the agents or employees within the registranYs initial and annual registration, by identifying the agents or employees and disclosing lobbying activity as required under subsection (e} by each agent or employee. ��) Required disclosures. Initial or subsequent registration shall be on a form prescribed B'y the city clerk and shall include, to the extent applicable: i1? The full name, telephone number, permanent address, and nature of the business of: a• The registrant; b• The client; C• Any person, other than the client, on whose behalf the registrant has been engaged by the client ta lobby; d• Any person, other than the client, w.ho is known by the registrant to contribute financially to the compensation of the registrant, or which, in whole or in major part, plans, supervises, or controls the registranYs lobbying activities on behalf of the client; e• Any lobbying firm for which the registrant is an agent or employee with respect to the client; and � f• Each employee or agent of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the client; �2) A statement of all municipal questions on which the registranf or its agents or employees have lobbied for the client in the year preceding the filing of the registration or foreseeably will lobby; i3) A list of any positions held by the registrant or its agents or employees as an official or employee of the city, as those terms are defined in s��„Pit�rS ';�-�;� during the past two (2) years. (4} If the registrant or an agent or employee is a former city official or employee, a statement that the registranYs lobbying activities have not violated and will not foreseeably violate subsections 2�56(a) or (b}, or ,c � tic�r7 �°��J; i@ Terminatron of registration. A registrant shall fle a notice of termination of registration with the city clerk if the registrant is no longer required to register by ��tir�r� ?-�3. A filing under this subsection does not relieve the registrant of reporting requirements imposed by ��etic�,�� •�f; for the reporting period in question. i9} Fee. At the time of initial or subsequent annual registration with respect to a client, a registrant shall pay to the city, and the city clerk shall coliect, a fee of five hundred dollars ($500.00} for the registrant and five hundred dollars ($500.00) for each agent or employee of the registrant that engages in labbying activity on behalf of the registranYs clients. All lobbyist registration fees shall be deposited into a separate account within the general fund, which account shall be used to offset the costs of administering the city's lobbying ordinance and the costs of handling disclosure filings. �h) Ekhres code briefrng. during the registration process, the ethics compiiance offcer shall offer a briefing to each new registrant on division 5 and each shall be provided with information regarding the (obbyist provisions of the ethics code, � .. •.- • 1: - -�' • ; `� �' • � 1 1 � • •.: (Or+�. No. 20Q6-03-C12-026b. § 1(Exh. A}. 3-2-b6; Ord. No. 26d7-09-13-0873A, § 2, 9-13-07; Ord. No. 2Q09-OG-25-0553, § 2(A1P. D}, &-25-09; Ord. No. 2G09-09-i7-07316. § 1, 9- f T-09) (a) Requrred disclosures. Except as provided in sr,-,r,tipn ;2-G4, each registrant shall file with the city clerk a separate report signed under oath concerning the registranYs lobbying activities for each client from whom, or with respect to whom, the registrant received compensation of, or expended, monies for lobbying during fhe prior calendar quarter. A firm, entity, or individual that employs agents or employees who lobby on behalf of that organization's or employer's clients may file quarterly repoRs regarding lobbying activities on behalf of all the organization's or employer's clients, so long as all activities by agents and employees that must be disclosed pursuant to dlvision 5 are reported on the consolidated quarterly report. When a registrant files a quarterly report disclosing the lobbying activities of its agents or employees, the registranYs agents and employees, are not required to file separate quar4erly reports. _ •.M� �� .: �' "�..+ f' .*.w. � -. �-;� �� r' '.' _ , • _.' #-.. �� •. l..��' • �..�� .. �� •�� - - - . _.... . f • .: .:. _ •.. ..,• ♦ -� w . -..... � �:�� _'- _. :' • �-... • .' . �� _� ' -. ... ' ..-- ... .. _�. ... _ ..... . �. .. -. ..-►e � .. •- �.. . _ � � ��- *�. � - . - }..■ . . ._ ._ �. . .� _ � �.. � .: -.��r..� + _ - .:�� ..� - �� ., * _ _.� . .._ . �: � �.... . i �:' � �'�:.. ■ •#... � ...� . .l�� k • !'! � . ��.� � ... "'� �.� i � � �� '� �� -* K . .. � y �....' �' - � •: ._ _• .,... • �.. �::�_ �� '. • � _'.� " y�M•.�� . * `" s � * �.��.. ..._ - _ • ..� • ^ .: • .*.' ".rt �� _ - t��r�♦ _ ..�"• . ^� ��i�. "•: •- ♦ #� �:� M a •�.•• � � � .: . •:. a. � -� �..-. .. � "..:� "i •. � .. _� � �:.�� ...M' *� ..-� � * "��. 3 �' .�'' ' .. ':� -:�_ �. � ,� � •� • .-. ....: �... .. � .. .�._� ::�� _.•.. i�•. � �...�. • .. _.. • -. _ • •,-�- t .�:' � • ' .. (..�-f ��M� � �:: ":: !.. � ��. . �:yR* . .. _. _ �..� _ � �. ,� •_ � . ._ � 3.�..: _.+ . � ` ^ R _ ^* � . . _ ' �.- _� �...;� � �f_ ♦�._ !♦ ".. _.■ ! ...! ��! 11�� .... i ��.�.+ ! � !^ � f� ^ •- f:. .� � - ^� 'n � �� .�� .# �#� � � . . . . . . i# � � f .•� ■� '} �� !� : �� . � � .. - #:. �� ' ��'.#. ' �..... � ��' '• �,� ! • � .• ' ...�...! # ��..� � _. �� ::�� . il� _ _# !. •� ! ... . � ...e . ! . .-. . � *: . � ., *.. . �- a:..4 ' ■.sr# �. .._ � . M e�. ;r _ � � ..� �� .....�� . �. � -..��.� • � •-. � t ��' 'M .,.. :.:. • '. , .._,w ...: •.�:.� .#-a _.�. M�:.-.. . ...'*.•.. __.,* �:. ,. #... . '.' . �.•._ �.•�• -' M. � .�,.._ ••� ..� •+� .•... � �, • � . �� - ��. ��' �. ♦� - M .._.� �� .:��: •� M�� i : !-.' � �. �'� �� . __ ..��♦ � .....� .... t..�...«: �.' � a�� ._• ♦ . ,�� _... �: .y._.. � _...,• s -' r � , ..... � a..� e . '- y. '.'..• �!*�:,�t! l...�. #i�, . _��.�.lM' .,� *.,�.. * _. .. '�., _ l...� ��•. �K :: ' �::. �- ..' •' .....■M •...._. • ..... . ,.:..�_�r";. :�:.�.� _..• .. y..: _:..._ .�... • • �■• -��.x� � -..* _ �._ ' -�- +' r4•. � •-.. �.. - * :�� - r �.._ � • ��- ' .:�� ..... �.. .w ..�. ..� �..l.. , .._.- ' � ..R _. .►�_ * _- - ��,.� . .... -..* � � .. � . � � �` � t ! ! �:. � f ! ' �: . � �.: .. �... � � ' � �' � �: � • �, : ^, ! ... � ... ♦ ... � .. ! K ' 3 ! . � � � :. � (b} Preservatron of records. Each registrant shall obtain and preserve all accounts, bills, receipts, books, papers and documents necessary to substantiate the activity reports required ta be made pursuant to this section for five (5} years from the date of filing of the report containing such items. These records must be provided to the ethics review board upan request by the board. (c} No activity or changes. No quarterly activity report is required if there is no activity during the preceding quarter calendar year and there are no other changes to items required to be reported. • (d} EsPimaPes of income ar expenses. For purposes of subsections (a)(5), (a)(6}; and (a)(7}, required estimates of compensatian or expenses shall be made to the ne�rest one hundred dollars ($100.00}, for amounts totaling less than five thousand dollars ($5,000.00}, and to the nearest one thousand dollars ($1,000.00}, for amounts totaling more than five thousand dollars ($5,Ob0.00}. �e} Cohtrngent fees. A person shall disclose emplopment to lobby on a contingent fee basis as well as any arrangement to engage in lobbying activities on a contingent fee arrangement. (Ord. No, 2006-03-62-0268, § 1(Exh A), 3-2-06; Ord. No 2009-06-25-0553, § 2(APt. 8), 6-25•Q9) Sec. 2-67. - Restricted activities. :��' (a) Fa/se statements. A person who lobbies or engages another person to lobby, or any other person acting on behalf of such persons, shall not intentionally or knowingly make any false or misleading statement of fact ta an.y city o�cial, or, knowing a document to contain a false statement, cause a copy of such document to be received by a city o�cial without notifying such official in writing of the truth. (b} Faiture to correct erroneous stetement. A registrant who learns that a statement contafned in a registration form or activity report f led by the registrant during the past 4hree (3) years is false shall not fai( to correct that statement by written natification•to�the city clerk wi4hin thirty (3Q) days of learning of the falsehood. (c} Persona! obtigatron of city offrcia/s. A person who lobbies or engages another person to lobby, or any other person acting on behalf of such person, shall not do any act, or refraln from doing any act, with the express purpose and intent of placing any city official under personal obligation to such lobbyist or person. id) (mproperinftuence, A registrant shall not cause or influence the introduction of any ordinance, resolution, appeal, application, petition, namination, or amendment thereto far the purpose of thereafter being employed as a lobbyist ta secure its granting, denial, confirmation, rejection, passage, or defeat. (e} s � . ��: � 1. - _ • r • � � • ' • � 1 � � • •:C Use of fatse rdentrficatran. A person who labbies or engages another person to lobby, or any other person acting on behalf of such person, shall not cause any cammunication io be sent to a city offcial in the name of any fictitious person ar in the name of any real person, except with the consent of such reaP person. ifl Prohrbifed representaProns. A person who lobbies or engages another person to lobby, or any other persan acting on behalf of such person, shall not represent, either directly or indirectly, orally ar in writing, that that person can control or obtain the vote or actian of any city officiaP. C9) Legis(a(ar's excfusron. At any time within sixty (60) days of a date when the 7exas Legislature is to be in session, or at any time the 7exas Legislature is in session, or when the Texas Legislature sits as a Constitutional Canvention, members of the Texas Legislature and their agents and empfoyees are prohibited from lobbying as khat term is defined in subsection 2�62(h). At any other time, the city strongly discourages members af the Texas Legislature and their spouses, agents and employees from lobbying before the �ity. If a legislator, his or her spouse, agent, or employee daes engage in fobbying activity during a time outside a regular session and outside the sixty (60} days before and after a regular session, and the governor calls a special session for which the legislator had no natice at the time of the lobbying activity, this section is not violated. (h) Lobbyrng by councilrrrembers. At any time within sixty (60} days of a date when the Texas Legislature is ta be in session, or at any time the Texas Legislature is in session, or when the Texas Legislature sits as a Constitutional Convention, members of the city council of the city are prohibited fram lobbying members of the Texas Legislature on behalf of the councllmember's private client(s} or employer. Councilmembers are not prohibited�from meeting withTnembers nf the•Texas L•egisfatore°ambehaff of the city concerning i�gislation,�administrative action, or any other action in their official city capacity. For the purposes of this subsection, (obbying means any oral or written communication (including an electronic communicatian) to a member of the fegislative branch, made directly or indirectiy, by a city councilmember in an effort to influence or persuade a member af the legislative branch to favor or oppase, recommend or not recommend, vote for or agains4, or take or refrain from taking action on any legislation or administrative action on behalf of the councilmember's private client(s) or employer. At any other time, the city strongly discourages members of the city council and their spouses, agents and employees from lobbying before the Texas Legisiature. This do�s nat apply to lobbying on behalf of the city concerning legislation, administrative action, or any other action in their o�cial city capacity. !f a councilmember, his or her spouse, agent, or employee does engage in lobbying activity during a time outside a regular legislative session and outside the sixty (60� days before and after a regular session, and the governor calls a special session of which the councilmember had no notice at the time of the lobbying ac4ivity, this section is not violated. (i) Limitatians on gifts. A person who lobbies or engages another persan to lobby, or any other persan acting on behalf of such persons, shall not give gifts to a city official or a city employee or his or her immediate family, save and except for: ET) Items received that are of nominal value; or i2} Meals in an iridividual expense of fifty dollars ($SO.OQ) or less at any occurrence, and no more than e cumulative value of five hundred dollars ($500.00) in a single calendar year, from a single source, as permitted in s+�r.ti�n �-•t�, or (3} Other gifts permitted undee.sFrati�an,�-?i;�, U) ProhrbiPed lobbying, A person who lobbies or engages another person to lobby, or any other person acting on-behalf of such person, is prohibited from lobbyirig activities with city officials and employees regarding such contract after a request for proposaf (RFP), a request for qualifications (RFQ) or other solicitation has been released. This no-contact provision shall conclude when the contract is posted as a city council agenda item. If contact is required with city o�cials and employees, such contact will be done in accoedance with procedures incorporated into the solicitation document. Violation of this provision by respondents or their agent(s) may lead to disqualification of their offer from consideration. (Ord. No. 2006-03-02-0268, § 1(Exh. AJ, 3-2-06) Sec. 2-68. - Identiffcation of clients. :�' (a) Appearances. Each persan who lobbies or engages another person to lobby appearing before the city council or an offcial body identified in the definition of "city official'° in s��tir�n t? •�� shall orally identify himself or herself and the client(s} he or she represents upan beginning an address. Each person who lobbies or engages another person to lobby shall also disclose on ap,propriate sign-in sheets his ar her identity, the identity of the client he or she represents, and whether he or she is registered as a labbyist as required by,see,ti�n ':-t?� ib? Oral lobbying contacts. Any person who makes an oral lobbying contact with an o�cial shall, identify the client or clients on whose behalf the lobbying contact is made and identify himself or herself as a registered lobbyist. (c} Written lo6byrng contacts. Any registrant who makes a written labbying contact (including an electronic communication} with a city o�cial shall identify the client(s) on whase behalf the lobbying contact is made and identity himself or herself as a registered lobbyist. (Ord. No. 2006-03-02-0288, § 1(Exh. AJ, 3-2-06) �� . ► '� r � -�w' A registration or report filed by first-class United States mail or by common or contract carrier is timely if: (1) !t is properly addressed with pastage and handling charges prepaid; and i2} It bears a post o�ce cancellatian mark or a receipt mark from a common or contrect cacriec indicating a,time within the applicable filing period or before the applicable filing deadline, or if the person required to file furnishes satisfactory proof that it was deposited in the mail or with a common or contract carrier within that period or before that deadline. (Ord. No. 2006-03-02-0269, § 1(Exh. AJ, 3-2-06) Sec: 2-70. - Administration. t_ The city clerk shall: � � r r+- • 1: - - � ' ' • ' ` � ' '' • � � ! I�J��J� ;,.. � ��: � .... � R rr T .;- ! � i': k ♦ 4� T�.�. •� .. :'�• �.i� : ! �.w '� ��• .. ! • ^• -. '� R �.if�� 1' !' �• �'.R i �..��. •. l��: . _: : . . 1`�! _.. �. ! 4 ♦ ^M ' #.:�;. # � � ..��.:. .:.. * •:�� ' ♦�� • 1 : ' ! - - � :�-�� .:.. _ ♦ i��.'�• � � .:�� a- �.��. � _... � . �..' s � i� •► - �.. # � ..�, � �.• r,� �- ' �. ��.. a �� . � : ��.. . _ - rt. �: �. - - a a a • * i. • � _ . - � . � . M�� , .,; � _ .� a ..: E - � -. t � - m . ��.: .� i - ' � . � � f. ��. � � - - r : . . .• rt:. -. • ��.>�' _: _ _a ,: _ � .:'�* 'r� '. a.�' ♦ . . . +� ; �, _ � _ ,� �. ��. _ � c � � ��. ♦ �' ♦ _ r _ .w�_ ��. � ♦ '.. �... # '�#.�.' . #.,.� � u �..... R �... _ � _... i l:�: //rt.� ♦ � �iM. f ��: ♦ ...... • r�: •�.�. M .::.. sc • :� • t��;• f • � ' _ _ . w�• • e�.��..� s .,�: �'� ♦ '. ' _�. � ,.,.� _ • .. ..:. * .:�... (Ord. Mo. 2006-03-02-0268, § i(Exh. A), 3-2-OBJ � �,. .., � M: - - � . � . � � . � �, � � � • � : '1_ • * .; : � � • " Page 1 of 1 San Antonlo, Texas, Code of Ordinances» PART !I - COdE» Chapter 2- ADMINlSTRATfON» ARTfCLE Iil, - CODE OF ETHICS » DIVCSION 6. - MEMBERS dF THE PUBLlC AND OTHERS» DIVIS(dN 6. - MEMBEF2S OF THE PUBLIC AND 07HERS �� S�� {„3� �,pYep{5 6Y se.sj}a 1^,t`kai�ii+1, 3ec.2-7•2:•��Forms�of�responsibility. e�� No person shafl intentfonally or knowingly fnduce, attempt to induce, canspire with, aid ar assist, ar attempt to afd or assist another person to engage in conduct violative of the abligations imposed by dfvisions 2-5. (Ord. No. 2006-03-02-Q269, § i(Exh. R), 3-2•06) �f � �ej Note— Divrsfon 6 eppPles to current and former cify o�crats and empPoyees, persons doing business wi(h the ci(y, and Pobbyists. as wetf as to members of the pu6tic and any o�herperson (includrng business entities and nonprofi( enti(ies). 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' San Antonio, 7exas, Code of Ordinances » PART fl - COdE» Chapter 2- AdMfNISTRATION » ARTICLE flf. - CODE OF ETHICS » DIVISION 7. - FINANCIAL DlSCL03URE» � • r • �ig,'P_ e-i�'� - $'1113i'"SC�3[ �,i5£.10�V�i[: f!?C3CSff_ ��+t q�_��°4� irr'artt[�nE� a<(%er;Aal�'l�.�1t11'��,lr�iJF'�a�.�G�[.�� +�c 2�7� SFar[.Fc�Firr�nns�at,r�.�.��,rs,:; ��a�' '�I� - !"C�r��6 �n�rllnq ra�,�,ali�m�°nk�� , s. �+,�7'i &[�srH�__r_ecek'�� a€a_t:�ty��lY nl Elie rtEy.e �ni; � `?�3 i3khar��r�nn� r=��2ti�ire �tl t4 r'�rr��3ri+��t8s�, r C',�Y�a, Vrct4.311Ltri Ct� r�as3au7�t�.q sr ystitC�'sc r7[s, — Sec. 2-73. - Financial disclosure report. �� (a) Persons requrred to frte disc(osure form. f' �•� City �fficiafs �and designated�ity empfoyees: �Jo later than thiRy (30} days after'aacepting appnintment orassuming the duties of�office, and annualiy thereafter, the city officials defined irr ��.rj��r�s,� ��, police department captains, assistant chiefs, and deputy chiefs, ali appointed deputy fire chiefs and appointed assistant fire chiefs, and any assistant fire chief who either works in the fire administration building or any other division and is involved in having input to any contract, vehicle specification, or who is otherwise involved with the purchasing of any product, service, or land for the fire depaRment, any fire inspector, plan reviewer or unifarmed administrator of the fire prevention division, any uniformed employee involved in maintaining departmental personnel records located at the fire administration building, any uniformed personnel utilized in evaluating or purchasing equipment, vehicles or any other purchases who also have contact with contractor,(s) who provide such equipment or vehicles, and any uniformed personnel utilized in providing input to any contract or composing specifications of equipment and vehicles, wha also have cont�ct with contractor(s) who provide such services, equipment or vehicles are required to file with the c'ity clerk a complete sworn financial disclosure repoR. i2) Exception. Gandidafes for city council and city officials required to file financial disclosure statements pursuant to Local Government Code Ch�.pi��r 1d� shall file financial disclosure statements in compliance with the Local Gavernment Code in place of filing statements required'by tFiis code of ethics': 5uch officials shall also complete an addendum to the statement disclosing information required by this code af ethics, but not required under the Local Government Code. The addendum shall be prepared by the offce of the city clerk. Deadlines far filing the financial disclosure documents shall be governed b�+ �P7��tcr �� of the Local Government Code. �b) Open records. Financial disclosure reports are open records subject to the Texas Qpen Records Act, and shall be maintained in accordance with the Local Government Records Act. �C) Annual flling dete. Annual financial disc4osure reports filed by city o�cials who are ciFy employees and by city employees who are required to report must be received by the city clerk by 4:30 p.m. on the 31 st day of January. Annual financial disclosure reports filed by city officials who are not city employees and who are required to report must be received by the city clerk by 4:30 p.m. on the 1 st day of March. Wnen the deadline falls on a Saturday or Sunday, or on an official city holiday as established by the city council, the deadline for receipt by the city clerk is extended 40 4:30 p.m. of the next day which is not a Saturday or Sunday or o�cial city holiday. The city clerk shall grant an extension of time in which ta file a report upon written request submitted in advance of the deadline. The extension shal! not exceed fifteen (15} days. Unforeseen circumstances. In the event af an unforeseen circumstance, including, but not limited to, military service or acute illness or leave without pay under the Family Medical Leave Act, the deadline for receipt by the city clerk is extended until such time as the city o�cial or employee resumes his city duties. (d) Rsporfing periods. Each initial or annual financial discfosure repoR filed by an individual designated in subsection 2=73(a)(1 }, and each report filed by a candidate for city council, shall disclase information relating to the prior calendar year, as well as any material changes in that information which occurred between the end of the prior calendar year and the date of filing. ie) CrPy clerk, The city cierk shall: i1) Prior to Jenuary 15 of each year, notify city officials who are city employees and employees specified in subsection (a)(1) of their obligation to file financial disclosure reports and provide forms to be completed; and prior ta February 15 of each year, notify city o�icials who are not city employees of their obligatian to file financial disclosure reports and provide the forms to be completed. (2} provide forms to all new city council appointees and those filing for elective office, and advise them of reporting requirements and deadlines; i3) Provide guidance and assistance on the reporting requirements for persons required to file financial disclosure reports and develop comman standards, rules, and procedures for compliance with division 7; i4) Review reports for completeness and timePiness; is) Maintain filing, coding, and cross-indexing systems to carry out the purpose of this division, including: a• A publicly available list of alf persons required to file; and b• Computerized systems designed to minimize the burden of filing and maximize public access to materiais filed under this division; (6} Make available for public inspection and copying at reasanable times the reports filed under this division; i7} Upon determining that such appointee who is required to file a financial disclosure report has failed to do so or has filed incomplete or unresponsive information, notify the individual by certified mail that failure to file or correct the filing within fifteen (15} days after the original deadline constitutes an automatic resignation. At the same time, the city clerk shall publicly announce to the city council the names of those who have nat filed and to whom this natification is being sent. If such an appointee fails to file a completed report within fifteen (15) days fram 4he original deadline, the position shall be considered vacant, and a new appointmenf shall be made by the city council; and �g} Upon determining thet the mayor, a member of city council, a candidate for city cauncil, the city manager, or a municipal caurt judge or magistrate has failed to timely file a financiaf disclasure report, or has filed incamplete or unresponsive information, notify the individual • .. �. � 1. - .� � � .� `' • � 1 1 . - -� . : _ - . - � . - - . •- .. . . . . . . .... . . - . _ ,- , :i ..i.�! � ...... � ..�.•!'! -!'.�#� �.�� . �.R ��.�...i�'��'!* �'. •:.�.:i -R ��.. �'.* �.�. � �� !� • R....• � ' �� . !` •�;..: �'•: R � ' � _ ' � !#� ! •� .M� ! �.'^ ..... !. •. .. • • � . . . .. .. �^'�. . 1 � � . �-... � M •. ... . . ��i �-� ! . .. •� . •� i �lR.., �� .:� ,� ' � ' . �.: � � � :.�. • �_ ��'�� . •...' .� . ! !.�'. * �.�* �� # .'! � • �'. � !.� • .....�4 �. �.. . ",.* _ �..• � ..� : ..+. �^' ia : ••. .-i�# �. M'�# � �. �.....�.' R��■�• �!^! ♦ ?'.. � .k^ 'M�' i �� .k� � # � � � ! M ... �# '.�.�� ._' !�. M � �� ! � _:. f��.# .. ��., �: � R..! : . . ..I ' *�..�... i�! �* , � . � . .�^. "* . � i■� �' � •:. ` . . �_. ! ' . ' .� ..• � � f-� ... • �:� ! 'y . �._! � �.. ��' •� i� .!� f•. � ' .' .' .. � , ■.. • ..`.: +_.. ��.• rt_ '.! ! - • �.. . R.• .�l� f � � .� ■ . ' ■ . � •� •� !� .. !!. # f�� 'a,�! ■ . �� M _l...�� • ��w. ...., ! �^. .� � '� .!. } ..; f • �' . ,. i !. ,�, # :..: � -� .�� '��.�.: # �' ...'.. � �� : !R� R. ! t: .� �J�� f�.� 4� � R '� i• ` ... �.. ! : � . � �.�.. � ..+.. ' ��l.... • �:.: • ' w�� .. + • # !'� �. ' �' � ��.�, ..� ! ...-. �.. (1) - The re'porting party's name; iz) The name of any person related as parent, child, (except a child who is a minor}, or spause Fo the reporting party; i3) The name of any member of the repoRing paRy's household not disclosed under subsection (2) of this rule; i4) The name of any employer of any person disclosed under subsections (1) or (2} of this rule; i5) The name of any business entity (including self employment in the form of a sole proprietorship under a personal or assumed name) in which the reporting party or his or her spouse holds an economic interest; (6} The name of any business which the reporting party knows is a partner, or a parent or subsidiary business entity, of a business entity owned, operated, or managed by the reporting party or his or her spouse; i7) The name of any person or business entity from whom the reporting party or his or her spouse, directly ar indirectly: a� Has received and not rejected an unsolicited offer of subsequent employment; or b� Has accepted an offer of subsequent employment which is binding or expected by the parties to be carried out; i�1 The name of each nonprofit entity or business entity in which the reporting paRy serves as an officer or director, or in any other policy making position; (9} The name of each business entity which has sought city business, has a current city contract or anticipates seeking city buslness in which any indlvidual listed in subsection (1) or (2) is known to directly or indirectly own: a� Ten (10} percent or more of the voting stock or shares of the business entity, or b� Ten (10) percent or more of the fair market vafue of the business entity; ii o) The name of any business entity of which any individual or entity disclosed under subsections (1) or (9} is known to be: a• A subcontractor on a city contract; b• A paRner; or c• A parent or subsidiary business entity. (11} The name of each source of income; other than dividends or.interest,.amounting to more than five.thousand dolJars ($5,000.00) received during the reporting period by the reporting party ar his or her spouse, unless that source has been disclosed under subsections (1) through (10} ofthis rule; i1�} The identification by street address, orlegal or lat-and-block descriptlon, of all real property located in the state in which the reporting party or his or her spause has a leasehold interest, a contractual right to purchase, or an interest as: fee simple owner; beneficial owner; partnership owner; joint owner with an individual or corporation; or owner of more than hventy-five (25) percent af a corporation that has title to real property. There is no requirement ta list any property: a� Used as a personal residence of a peace offcer, b• dver which the reporting party has no decision power concerning acquisitions or sale; or C• Held through a real estate investment trust, mutual fund, or similar entity, unless the reporting party ar his or her spouse participates in the management thereof; (13} The name of persons or entities to whom the reporting party or spouse owes an unsecured debt of more then five thousand dollars ($5,000.00}, other than debts for: a• Money borrowed irom a family member from his or her own resources; and b• Revolving charge accounts. (14} The name of each person, business entity, or other organization from whom the reporting party, or his or her spouse, received a gift with an estimated fair market value in excess of one hundred dollars ($100.00) during the reporting period and the estimated fair market value of each gift. Excluded from this requirement are: a� Lawful campaign contributions which are reported as required by state statute or lacal ordinance; b• Gifts received from family members within the second degree•of a.ffinity. or consanguinity;, c• Gifts from an individual based on personaf friendship who during the preceding three (3} calendar years: 1• Has not done or sought to do business with the city; 2• Has not sought city action on any issue before the city council or any city board or commission; 3• Is not associated with any business or entity that has done or sought to do business with the city; and 4• Is not associated with any business or entity that has sought city action on any issue before the city council or a city board or commission. d• Gifts received among and between feliow city employees and city offcials; e• Admission to events in which the reporting party participated in connection with official duties; I a � . •�- � 1; - � ' • � � �' ! ! ! 1 I! ,• . . � • ' Payment of or reimbursement of travel and accommodations expenses accepted in connection with official duties which have been reported under s��+fnri �-��; paymenE for or reimbursement of expenses for travel in excess of authorized rates under city policy are gifts subject to the reporting requirements under this section. (Orri. Na. 200H-03-02-Q268, §-ft�xtr. ea), .�-z-c�s; Orrl. No. 20Q9-O6-25-0553, § zrAtt. �}, s-2s-as} a • �� A person who is required to file an annual financial disclosure report may fulfill his or her filing obligations by submitting a short sworn statement on a form provided by the city, if there have been few or no changes in the information disclosed by that person in a compfete financial discfosure°reportfiled withinthe p�sk`fnre (5}•years. The short statement shall•indicate the date of the person's most recently filed complete financial disclosure report and shall state that there have been no material changes in that information or sha.11 list any rrraterial changes that have occurred.' (drd. No, 2066-03-02-0288, § 1(Exh. A), 3-2-06) (a} Any city official or employee who, in connection with his or her offcial duties, accepts a trip or excursion involving the gratuitous provision of transportation, accommodations, entertainment, meals, or refreshments paid for by a person or entity other than a public agency must file with�the city°c6er�C;•before�embarking�on the travel, a disclosure statement identifying: (1 } The name of the sponsor; iz} The places to be visited; and (3} The purpose and dates of the travel; i4) The estimated amount of the expenses paid. (b} Acceptance of a trip or excursion by municipal court judges and magistrates, city manager, deputy city manager, city clerk, assistant city clerk, assistant city managers, assistants to the city manager, and all department heads, assistant depaRment heads, and employees in positions listed on the executive pay pian (job class i 000 through 1999) must receive prior written approval of the city manager. Other personnel must receive written approval by their department director. Boards and commissions members must receive approval by a vote of their board or commission. (Ord. No. 2006-03-02-0268, § 1(Erh. A), 3-2-06) ' ' • � R�.� !�� ` . i.. . �, •..• � -- � � . -.■. _ „.. � .�„ • � , -r r ^" e� - a�-r �♦ �...� i i� �} � ��.. #� � .. » _. .. � a....• -�r... < <. �• - � � .y._.. r � . ' ..' _ .r��•� ,..' _ ♦�-.r,. .� � •�-... (Ord. No. 2006-0302•0268, § 1(Exh. A), 3-2-06) � i- r. ��.. -r � ,,•�• .�,. =rr'.� • +.. ��♦.....� -� �' ' ��•� -r •. - � � �•�. - •� _� • -..�.. , .,: * ' ' �� .._.� M,..:�_�: �: . � -.. �. � �_ � _..�� _ ��.�� _.. � � � . a•.■ _.... , � . �� _• �.. - ...- .. • �� . '. �.. .. : '' ' .. *- #; e ... ; � �'.r -y ,r �� ' . .�. .. _�!_.. t � •'.�• _ '. . �� i" . . . •. ' -.- +..�.. � . - .:� : - � � •� - �. .-.r s �i� � �- ■ -. ♦ -.. � ' ' .- � • -�� 3 - ....a�'r .. ::... ,� ii i� r�-��+ • . _� _.., ... (1} Lawful campaign contributions which are reported as required by state statute; (2} Gifts received from family members within the second degree of affinity or consanguinity; (3} Gifts fram an individual based on personal friendship who during the preceding three calendar years: a• Has not dane or sought to do business with the city; b� Has not sought city action on any issue before the city council or any city board or commission; C• !s not associated with any business or entity that has done or sought to do business with the city; and d• Is not associated with any business or entity that has sought city actian on any issue before the city council or a city board or commission. (4}- Giffs received among and between fellow city employees and city officfafs; (5} Admission to events in which the repoRing party participated in connection with o�ciai duties; i6) Payment of or reimbursement of travel and accommodations expenses accepted in connection with official duties which have been reported unde� .� c�iar� 2-1�. Payment for or reimbursement of expenses far travef in excess of authorized rates under city palicy are gifts subject to the reporting requirements under this section. �or�. nto. zoas;os-o2-o2sa. § t(�xn. A), s-z-o�} Sec. 2-79. - Violation of reporting requlrements. x.: � Failure to timely file a report required by this ethics code is a vialation hereof, as is the knowingly filing of a report with incorrect, misleading, or incomplete information, though no later than fifteen (15) days after discovery of the error or after the error should have reasonably been discovered. If an individual inadvertently fles an incorrect or incomplete report, it is his or her responsibility to file an amended report as soon as possible. To file a late or amended report, the person shall use the required report form provided by fhe city clerk's o�ce and mark in the appropriate bax whether the report is late-filed or an amended repart. �ord. tvo. zoas-o�-oz-ozss, § �t�exn. a), s-2-os� � � . �r- r 1; � - � � � . � + � � � � � R • . ' :•� i � San Antonio, Texas, Code of Ordinances » PART I! - CODE» Chapter 2- ADMINISTRATION » ARTICLE III. - CODE OF ETHICS » DIVISION 8. _ E7HICS REVIEW BOARD» Sec. 2-SQ. - Definitions. u�e T 13 i �;9ru�Cv��+= uf �hre etPaic s r�,vit,w Gi�E3.i,;,_,�f,. 9�,r, �-��=.J4��Icld�ii ranri rhn:srcrs. �ec. �.-i,�'3 - Gnror�I,�p��3Y3., S�a`-. '�-8�4 Ftdilc:�� et �P�[s i��navia toiP,+;+:•r. Se��P �{� �fY�le��. �,� jn �y„,s�1d t��r� � 1lrit F a�+?, �u rw �iu�sr�.:. ��e �-f.�ti 4�c��rur�t�. ,��c '�€3.i •, �lls�c. sitjs�rr.v::. �er 1-N§� - P�.xltie�n for �;�rl�axtt5ry_iultriu. See. �•�f'F3 -+�r�uisary r�Filrtis3n.i,.. S t ? ?�ti'� - Aarnu�l etr�:�ri, ��g�"3'� • f"i�•y��, �n�! ;�c�n m,c�gtinna, -:: 1 � • .:� . �: As used in this division, the term "ethics laws" includes this code of ethics, codified as,rhai�l�� , article III of the City Code,,�e��E�r� �4 � of the City Charter, and Section 171 of the Texas Local Government Code. The term "ethical violation" includes violations of any of those enactments. Other terms used in this division are defined in section 2-42. The term °°municipal campaign finance regulations'° refers to the cade of municipal campaign finance regulations, codified a� ��I��r ;?, article (or�. �o. zoos-as-oz-a2ea, g t(�xr,. �}, �-2-06} (a} In accordance with article XIII of the City Charter, there is hereby established an independent ethics review board, which shall have the powers and duties specified in article XIII of the City Charter, r��, article III, anc! ��r9�r �, article Vlf, and other powers and duties prescribed by ordinance. Upon appointment and administrstion of the oath af offce af a quorum of this ethics review board pursuant to article Xlfl of the City Charter, the former ekhics review board estabiished under drdinance No. 88874 shall be dissolved. (b) Composition. The ethics review board shell consist of eleven (11) members. The mayor and each member of the city council shall nominate one member of the board. Each nominee must be confirmed by a majarity of city council members. Nomination and confirmation of board members shall be conducted at separate open meetings of the city counciP. ic) Terms of office. Initial board appointments shall be made so that terrns are staggered, with six (6) members to serve an initial term of two (2) years and five (5) members to serve an initial term of three (3) years, determined after appointment by lottery. Subsequent appointments shall be for a term of two (2} years beginning on the day after the expiration of the preceding fuil term. No member of the board shall serve for more than three (3) full terms. id) Civalifications. Members of the board shall have good morai character and shal! be residents of the city. No member of the board shalf be: i1} A salaried city o�ciaf or employee; i2} An elected public official; (3} A candidate for elected public office; i4) An officer of a political paRy; (5} A campaign treasurer, campaign maneger, atficer or other policy or decision=maker far khe campaign of any candidate for elected pubfic office; (6} A campaign treasurer, campaign manager, o�cer or other policy or decision-maker for an.y political action committee as defined in the Texas Election Code; i7) A member of any city board or commission other than the ethics review board; i8} A member of any city board or commission for which the position is appointed by city council; i9) A lobbyist required to register under division 5. Further, no member of the ethics review board shall have any convictions for a felony ar a crime of moral turpitude, or shall have been found in violation of any provision of the city's code of ethics. The city police department will conduct a criminal background check through the NCIC system for each applicant to the board. The city council shall suppoR the inclusion of at least one (1) attorney and ane (1) individu�f with expertise in finance or accountirig within the membership of the ethics review board. (e) Removal. Members of the ethics review board mey be removed from o�ce for cause by a majoriry of the city council only after a public hearing at which the member was provided with the opportunity to be hesrd. Grounds for removal include: failure to satisfy, or to continue to satisfy, the qualifcations set forth in subsection (d); substantial neglect of duty; gross misconduct in o�ce; inability to discharge the powers ar duties of offce; or violation of any provision in this code of ethics or a conviction of a felony or crime of moral turpitude. �fl Vacancies. The city council shall fill any vacancy on the board by a person who will serve the remainder of the unexpired term. The namination to fill a vacancy shall be made by the member of city council (or his or her successor} who had nominated the person whose successor is to be selected to fill the vacancy. � r . ��_ � #: . _ • • ; • � , • � � ; � � DIVISION 8. - ETHICS VIEW BOA Page 2 of 8 (g} Recusal. A member of the ethics review board shall recuse himself or herself from any case in which, because of familial relationship, employment, investments, or othernrise, his or her impartiality might reasonably be questioned. A board member may not participate in official action on any complaint: i,) 7hat the member initiated; i2} That involves the member of city council who nominated him or her for a seat on the ethics review board; or (3} During the pendency of an indictment or information charging the member with any felony or misdemeanar offense, or after a finding of guilt of such an offense. If the number of board members who are recused from a case is so large that an ethics revlew board cannot be convened to consider the complaint, the mayor shall nominate a su�cient number of ad hoc members so that the case can be heard. Ad hoc members of the ethics review board must be cdnfrmed by a irrajbhity vote of the city coGncil and serve only"far the case in question. (h} Chair and vice-chair. Each year, the board shall meet and elect a chair and a vice-chair from among its members, who will serve one-year terms and may be re-elected. The chair or a majority of the board may call a meeting of the board. The chair shall preside at meetings of the ethics review board and perform other administrative duties. The vice-chair shall assume the duties of the chair in the event of a vacancy in that position. i�) Panels. Each year, at the time of the electian af a chair and vice-chair, the chair will afso make panel assignments. In the event of vacancies or absences, the chair may make reassignments as needed so that each panel has no fewer than three members of the board. U) Reimbursement. The members of the ethics r.eview,b.oard.shall not.�a.compen,sated but shall be reimbursed for reasonable expenses incurred in the performance of their o�cial duties. (Ord. No. 2Q06-03-Q2-0268, § 1(Exh. A), 3-2-06; Ord. No. 2009-06-250563, § 2(AfP. B), s-2s-a9� Sec. 2-82. - Jurisdiction and powers. s� , , _ , . . ,. . _ � . . . . r .. _ . _ _ . . . . . . . , , � _ -.-. .. . . - - ..- . _ -. . - � - . . . . . .... . . . .. . . .. . . M.. . - . ._. . _ . _ . . . . .i � _!'.♦ � R... • � . ...�. !. •.. ..' . _• . f�.. .. � '! � ; .....• � �.� f ♦ � .-, ...♦ ' .�� .;..• �.:�i� * l:.._ ._ �� l�i. '# �•.'.- _ ...+. �_... _ ..�..�Rlr! ..�:� �f •: �. ♦ i::..�a. ..� .^,..... .��. ��' f!^_..�� k�...M ��.� �' � ."f �a ��•.� ' lY.. i . :� • i s.._ ' ...�.� . 1 .�. • . .•. -♦ ,. � _ «.. . ! �^. •� •� ,� - �.,.� • �� ! � ' �.• • �: (b) Termrnafion of city o�cia('s or emptoyee's duties. The termination of a city offcial's or employee's duties does not affect the jurisdiction of the ethics review board with respect ko alleged violations occurring prior to the termination of o�cial duties. (c} powers. The ethics review board has the power: i1) To establish, amend, and rescind rules and procedures governing its own internal organization and operations, consistent with ordinances pertaining to the code af ethics, including lobbying regulations, and the code of municipal campaign finance; i2} To meet as often as necessary to fulfill its responsibilities; i3? To designate panels with th�e power to render decisions on complaints or issue advisory opinions on behalf of the board; i4) 7o request from the city manager the assignment of staff necessary to carry out its duties; (5} To review, index, maintain on file, and dispose of sworn complaints; (6} To make notifications, extend deadlines, and conduct investigations, both on referral or complaint; i7} To compel the production of sworn testimony, witnesses and evidence; i8) To recommend cases for prosecution by appropriate authorities and agencies; i9) Ta enforce its decisions by assessing civil fines and other sanctions authorized by ardinance; (10) To request the city attorney to provide an independent counsel to advise and represent the board, when appropriate or necessary to avoid a conflict of interest; (11} To provide assistance in the training and education of city officials and employees with respect to their ethical responsibilities; (12} 7o prepare an annual report and to recommend to the city council needed or desirable changes in ordinances under its jurisdiction; i�3) 7o exercise such other powers and duties as may be established by ordinance. (Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06) Sec. 2-83. - Complaints. :� (a) Filing. Any person (including a member of the ethics review board or its stafF, acting personally or on behalf of the board) who believes that there has been a violation of the ethics laws or the code of municipaf cempaign finance regulations may file a sworn complaint with the city clerk to allege such violations. A complaint filed in good faith is qualifiedly privileged. A person who knowingly makes a false statement in a complaint, or in proceedings before the ethics review board, is subject to criminal prosecution far perjury (see subsection 2�87(g)) or civil liability for the tort of abuse of process. (b) Assistance. 7he city clerk shall provide information to persons who inquire about the process for filing a complaint. (c} Forrn. A complaint filed under this section must be in writing and under oath and must set forkh in simple, concise, and direct statements: i1} The name of the complainant; i2) 7he street or mailing address and the telephone number of the complainant; (3} The name af each person complained about; (4} The position or title of each person complained about; is) ihe nature of the alleged violation, including, if possible, the specific provision of the code of ethics or municipal campaign finance regulations alleged to have been violated; (6) . �. •.- � !; - -�' • �� •' • � . 1 1 � ! : ' : �'! A statement of the facts constituting the alleged violation and the dates on which or period of time in which the alleged violation occurred; and f7} All dacuments or other material available to the compleinant that are relevant to the allegation; a list of all documents or other material relevant to the allegation and available to the camplainant but that are not in the possession af the complainant, including the lacation of the documents, if known; and a list of all documents or other material relevant to the allegation but unavailable to the complainant, including the location af the documents, if known. The complaint must be accampanied by an affidavit stating that the information contained in the complaint is either true and correct or that the complainant has gaod reason ta believe and does belleve that the facts alleged constitute a violation of the ethics code or the code of municipal campaign finance regulations. If the camplaint is based on information and belief, the complaint shall state the source and basis of the inform2tion and belief.�The compleinsnt shall �swear to the facts by oath before a natary public or other person authorized by law to administer oaths under penalty of perjury. A complaint that is not sworn as required shall not be fonvarded by the city clerk ta the ethics compliance offcer as provided in subsection (d}, but shall be returned to the complainant. The complaint must state on its face an allegation that, if true, constitutes a violation of a law administered and enforced by the board. � �_ _ . . ..� M�:�:! ' � � �' . ! :'/ ...l...� _ _... _ -'. 1��.�* .��* .. ff��:f_ a. �. RI f -. �.■ � . . •^. !�! t� � -�f._** �..� _...� �_... �.'.� ��.._ -... M... ` ��:;� _ ..« ._ ' �._ R l�:.� • f..! � ^ , .._. � ..,y � �..,. y R��^ t��. � * '... •� ��.._ •. ..■ . � �.. ..' � - �� `�- ' �♦� �•. �� .. �• M �' � ..�, n 'a: ' ' � " �.�N.. :��' � .,.t_� :.�.� _...�. y �..,, - ., �y�♦- a "�^�� e� k,•., .,,.. � _... �_ �:.:.� � . #.. # _ .:.�.. + :.y _ �:.� _ � _. � .�. ... .♦...�. •.�.' • ...R� . �� ■ ,. - .� . t _� �... _ .. _ ..�. • � .-. - �� _ .. _ a �•. �...,. � • .w.... .._ _ � _.•_ � .-. *_ � _ �•...� �� -..:.lw i� � . ��.� ' R�i.. !'! ��. �. �w •� � _ ' - .. �! . ��^ R 'R . + �... ��. ! _ '. •� M - ��.l�� .. � � .. * � .. � � _ .. � � ! -�..�i� _ _ � � . . . �� . �� _. #�� '�.. � ' �_. � ' � �� . ��. ! t..�. .:! ♦ �:, ..� � +...� .. - �■. r . �� ^ �r - �� 'M ♦. ..' - e� i�- �^ � t **. • ��-. ... ,* - »...� _ ... y ..... .... ... � �� - �- R ' ��.♦♦ • ! ..�.! �� -r ..� .. .. . � . ��i •^ � � !•* ► ': � ' .. �.� ^ ' �� M�... y . � � ��•� � .: �� #� .. � �• •'.�� ^ _.# _ . � �� i � ��: . +.. . R�� .:��. ' • �.-.� � � .... • f .�i��' � ^ . .' '. .'. .' �+-.' �# � �^�G� t ��` � � �� M . �. � _ '.. �� . ..# � �. . ! � �.�� # � �� . 3 ' �. * • ��' • ' � �. ..�. �� ! � �. .�_ � , •i.:. ��. (f} Frrvo(ous comp/arnt. (1 } For purposes of this section, a"frivolous complainY' is a sworn comp(aint that is groundless and brought in bad faith or groundless and brought for the purpose of harassment. i2) By a vote of at least two-thirds of those present, the board may order a complainant to show cause why the board should not determine that the complaint filed by the compfainant against a respondent is a frivolous complaint. (3} In deciding if a complaint is frivolous, the board will be guided by the 7exas Rules of Civil Procedure, Rule 13, and interpretations of that rule, and may also consider: a• The timing of the sworn complaint with respect to when the facts supporting the alleged violation became known or should have become known to the complainant, and with respect to the date of any pending election in which the respondent is a candidate or is involved with a candidacy, if any; b• The nature and type of any publicity surraunding the filing of the sworn complaint, and the degree of participation by the compiainant in publicizing the fact that a sworn complaint was filed with the board; c• The existence and nature of any relationship between the respondent and the complainant before the complaint was fied; d• If respondent is a candidate for election to offce, the existence and nature of any relationship between the complainant and any candidate or group opposing the respondent; e• Any evidence that the complainant knew or reasonably should have known that the allegations in the complaint were groundless; and f• Any evidence of the complainanYs motives ln filing the complaint. i4} Notice af an order to show cause shall be given ta the complainant, with a copy to the respondent, and shall include: a� An explanation of why the complaint against a respondent appears to be frivolous; and � b• The date, time, and place of the hearing to be held under this section. (5} Before making a determination that a sworn complaint against a respondent is a frivolous complaint, the board shall hold a hearing at which the complainant may be heard; the complainant may be accompanied by counsel retained by the complainant. (6} By a record vote of at least two-thirds of those present after the hearing under subsection (5}, the Board may determine that a complainant filed a frivolous complaint against a respondent and may recommend sanctions against that complainant. f9? 5anctions for fitrng frlvoPous comptarnts. i�) Before imposing a sanction for filing a frivolous complaint, the board shall consider the following factors: a• The serlousness of the violation, including the nature; circamstances, consequences, extent; and�gravity of the violation; b• 7he sanction necessary to deter future violations; and C� Any other matters that justice may require. i2} The board may impose the following sanctlons: �• A civil penalty of not more than $500.00; b• Pmposition of attorneys° fees incurred by the respondent of the frivolous complaint; C� Any other sanction permitted by law. i�} The board may notify the appropriate regulatory or supervisory agency for their appropriate action. 7his may include a referral to a criminal investigation agency or prosecution entity for investigation of perjury. • i'. �i_ � �� _ . . � � ► � a r � � i, � � DIVISION 8. - ETHICS VTEW BOA Page 4 of 8 (h} Confrdentialrty. Ex parte communications by members of the ethics review board are prohibited by subsection 2�85(e}. i�) The board and its skaff shall not communicate any information about a pending sworn complaint, including whether or not a complaint has been filed, to any person other than the respondent, the complainant, and a witness or potential witness identified by the respondent, the complainant, or another witness or potential witness. i2} Information otherwise confidential under this section may be disclosed by entering it into the record of a formal hearing or ethics review board proceeding. (3} Requests for records pertaining to complaints shall be responded to in compliance with the Texas Public Information Act and the Texas Open Meetings Act. (ord. No. zao6-os-oz-ozse, § i(Exh. A), 3-2-06; Ord. No. 2009-06-25-0553, § 2(,arr. e), e-zs-os� Sec. 2-84. - Ethics compliance officer. � (a} City attorney's o�ce. The city attorney or an assistant city attorney designated by the city attorney shall serve as the ethics compliance officer for the city. The ethics compliance officer shall: ii } Receive and promptly transmit to the ethics review board complaints and responses filed with the city clerk as set forth in 5�c:tic,n T-�3� i2) Investigate, marshal, and present to the ethics review board the evidence bearing upon a complaint; (3} Act as legal counsel to the ethics review board; (4} •. Pssue advisory opinians to city officials and employees about the requirements imposed by the ethics laws; and �5) Be respansible for the training and education of city o�cials and employees with respect to their ethical responsibilities; (6} Review complaints for legal sufficiency; (7} Recommend acceptance or rejection of complaint made to the ethics review board; and �B} Request additional information from complainant as needed. (b} Outside independenf counset. An independent outside attorney, who does not otherwise represent the city, shall be appointed at the recommendation of the city attorney, to serve as the ethics compliance officer for a particular case: iT? When a complaint is filed relating to an alleged violation of the ethics laws by: a� The mayor or a member of the city council, or b• A city employee who is a department head or of higher rank; i2) When the ethics review board requests such an appointment; or i3) When requested by the city attorney. An independent outside attorney who is appointed has the same duties and authority as the ethics compliance officer under subsections 2�84 (a)(1), (a)(2}, (a)(3}, (a}(6), (a)(7), and (a}(6). (c) Excu(patory evldence. The ethics compliance officer shall disclose to the ethics review board and provide to the person charged with violating , the ethics or municipal campaign finance laws evidence known ta the ethics compliance officer tending to negate guilt or mitigate the seriousness of the affense. (Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06; Ord. No, 2009-06•25-0553, § 2(Atf. Bj, 6-2509) Sec. 2-85. - Ethics panels and the ethics review board. �`�' , _ . . .... . ... ... . . . . ... . . _ , . _ ., . _ ,_ - .. - . �_ , , _ . .� . -. - . :. . .. . -._ _ � .- - . . . . . . . ... . . ..... - - - . . .- . _ . ._ _ - .. _ . - .- .-_ � � . .. . - . . �. . . .- . � - ... . - - . ... .. .. .. . . . . . . - .. . .. . _ < . ._ . _ �._ .. , , � '- - . - - - ... . - - - - .._ . -- � - _ _ . . . .� - -. - . - .. . . . , _ -. - -. .- . � .-, . . . .- _ � . _ . . _ - .�. . . . ._ . _ . < , . _ - _. � , . . . _ . . . _ _ . -._ . - . . . .. , - .- _. - . . . _ : . .-. , _._. . _ -. - .�. . . _ - . . . _ . � -.- _ .. , . - - ..- - . . . _ - . . . . �_ � . .- . _ �.: . . , _ . . �. � . � - .�. --. . c- , . . .._ . �� . . � _ , . �E� . . � .. �� _ _ .. ,. .-�� .- . . - � . .� R . - . -� _ _. � . - � ..., � - .. . , - , - - .. -. - . .. _.., _ _ _ .. -+ � . -..... - - . . � - . - . . .� - - ,. .- - . _ . . _ .... .. . . . . . .. .. .. , , .� . . . :.- • _. � . . _ �-. . --.. . - . - � _ . . _ _ .� - -� �. .� �., _ . �� __ � , �_ _ � _ .�� . . _ , .. .- . ..: . �. � _ . .. ..- ;.* ..:.M...�.. �� ' '..la..s' �..i 4�'..M. * ..e♦ - •.' _ •-..i.i-s��..� M..!' •.�- a - �....� -... _ ��" _' -� _ ". ��. � f. .. �.�. ' �.� �.:�. !.. ' .• .:.R. .�• .� !-:.,.. _ R �... � •.... .} .� *� '.. ..M...N..� M� ...♦ . �...�.� # a :' ��. .. •��! �• a• Knowingly entertain an ex parte eommunication prohibited by subsection (1}•of this•rule; or �• Communicate direct(y or indirectly with any person, other than a member of the e4hics review board, its staff, or the ethics compliance officer, about any issue of fact ar law relating to the complaint. i�} duty to cooperate. All city a�cials and employees shall caoperate with the ethics review board and shall supply requested testimony or evidence to assist it in carrying out its charge. Failure to abide by the obligations imposed by this subsection is a violation of this code of ethics. �9} E�ension of deadlines. A complainant or respondent who fails to meet a deadline to submit a filing with the ethics review board may file a request to accept late filing. The complainant or respondent must include within the request a statement of good cause for the board to grant http:!/library.municode.co TML/11508lIevel4lPTIICO__ CH2A __ARTIIICOET_DIV8... 10l5l2012 # ,.,. � 4�.. �.,. ! !, ♦ � ,.,. # l��....� � .. j, the request. The board may grant a request to accept a late filing for good cause. Any extension given to a respondent pursuant to his or her request shalP extend the deadline for the board to issue a decision under s�r tirsr� � H,� by the amount of time granted. (h} Timeliness of notices or submissions. When the ethics code or code af municipal campaign finance regulations requires a notice or other document to be submitted ar otherwise given to a person or to the ethics review board, the requirement is met in a timely fashian if the dacument is sent to the person or the board by first-class mail or certified mail addressed with postage or handling charges prepaid and it bears a past office cancellatian mark indicating a date within the tlme required ta provlde notice or to submit a document, unless another method of submfssion is expressly required. �ord. No. zooe-os-oz-azee, § i(Exh. A}, s-2-oe; Orr1. No. 2009-OB-25-0553, § 2�,an. e), s-zs-os� , Ed/tor's rtote— �� •.•,. �� . x.. : ..�r� '� --. 11•. •-� . '. t� . :�� : r. '.. ; .: •_ - . ..: r _ _... - -'� •*.�� Sec. 2-86. - Hearings. � At sny hearing held by the ethics review board during the investigation or disposition of a complaint, the following rules apply: _ ; . . . _ .- . _ .. . - . , _ _ ,. � . -.. _ _ �_ � _ _ _ . ..... -- . . _ -, _ - - - ... * : _ . , M. _ , _ . . -.. .. + . , .- . _ _. . � . . . .. . . . . . . . .. . . . - .. . ._ , . ,� _ . - . . , . - _ . .� . . . . . : . ... .. . . . . . .. . .- . � _ - • ,._ . � - . - •- - . , �. . .. . .- , .- . .. . _ , . . . . � �- R �. f� _ .:.. r�_ � .... .�. ._� �' �: �.. . � M�.�.� •: .: -.,. ��_ � -,. _.. �. � ... . .� � - '�-' � <��. ■� �-� M�. a .., �.. .» *' '�:� -�� +�� - .� ��-. _. ..:� ,,: �.. _ *..:_ * ... � .'* � - : ��._ .._ � ..i . _ �... _ � _ � ..� . '�:. � - 1�- �:e.. � •-r - M• �•- .:. s, M .... � ' '.. _ � .. .� * - _... ' '.:� , � .... • • �^ � e� �� -• �.. �-�_ r . • _::�♦ � .♦. ::.• •.. -�. M��. -�. ..._ M' .�.... •'*�� _ .•... _ �.:. .a , ... +' ::.� � � •� .... � � ..... � . .... � � . . •. ..•'_. �... . '� �- .� ; �. _��: - ».'... r.. e.:. ��..�. - �.'. •- -� � M -.' .�. •- .:.. • � -� • ■ -� �+� � t �� ' • s .: . �... * M ��. , . .. .. _ ♦... .� � - a. :,.._ _ ..a - •:.. � . „ : , ' . ". . ♦ ... � � �.* !- : �_..�� -�� . 'i. :.��. -. M.....* ' .:•. ■ •� '�. �.a - s..,..' 3 ��. . ....�.r ....._ • R.. . r.. �� • �•. -� ��- .., � . . . . �.. +_.. •.. M_ . .: s. _ �... � .'. '� ' +'... • t::.. _ ��.:�• ' �'� - � a�: �' ! ' �'� '� ��:� .._ . ■� _ - �- ��-�-� ��• • �^�a_� -' ,.�_ _:•.�• ■- --..� • t'. ':� - •...• -ar=.�. (Ord. No. 2006-03-02-0268, § 1(Exh. AJ. 3-2-06; Ord. No. 2009-06-25-0553, § 2(Att. B), 6-2Sd9) � .+� �.�.,. •'.r . _ ... - ' .,. . _.... :� ��. - _..�. r� s:. ... ♦�. � .: � _ �_.. .: � - .,� �. �""- - "� 'w � � �� y _ .. • ", +� '• '• . ' •#��*' � . � .. # ..: -•: ♦� !"� . �� _.., ■ .!i "• . �� '. + ':!♦��■ � �. �...' ! • •��."M R � ' ��..:�i ��. +' �� '�•�� * •:..��. ..�� R ��.! � _:.,. _ ...' •l.�1.. �.,..._.. � ��- � ! �:...� �� . �� # �• .�� '�' !^'� � l..��.� ! �_ ` � � �'. � �l.�. �. R. � �� „ -. �.,�. �. .. �# ^ J .. t ..:...! ♦� _ . _ _. '• :�.•.. . f. � ��..�! � ! .�. � K�h � .•".. . � �� _ •i:.' �. �� - _ . _ �.. .�. ..�� ` -� .: ... M.. .. �! ^� �.. � M ....� �.�.� '�f�.�•'.�... _ .� M��l�� . i�� ♦ ��'�•R �. ..' ��. ..� �.l... '� �� .f�-M � f....M�.� � . �� _. f. • ! �� M ' � �� . �v:. �' - :• ..'. !N R �. ' �: �. ! .. �i� } * .•'.. M ' .�#� ' _ .... �.� � _ .... �. �-..• • �.�-. r ...... * ■ • � �:� �'.. • . �� ..::. - .:*�.. - ■^ a ' :� �' . � ..... ��r. � � -♦ . ♦ � . - +.: .. _ } . . ! .. � ! .:! �M'.:�.� �.♦� �. �� '!�.',.*'fi�.•..� �! ♦�.`. .._M� R.. ..I!'�i. � ♦...�l� -.w �....R� �._#,�.�.. � • i,. .. � �_.� !� . _... _ � �.: �R. � ....! # R �•�� M. •v:.��. _ � :.l� R�� _ �.._. � *R. • ' R! �� f �.. . � h�-� � - • '. � � '. � '.. R �. ' �. . . � � :: �.: . � �..� ! h . � .'.. w� .....� #. !.. i � •.... � ��.'!. �. .. M #.�. ! .... i` .•��...: ♦�•'4,. _ �!•��R . ' <..: - � _...� �R-.... t � � •' . I r . ' * .. ► • .. � V �. -� !' � .. - �. ._ �. � .. w � M � i .. . . � ... �: . ! �" � _... � ��. • � '� � � •.. t�. • � � ^ R ! : ^. _ ' � ' � ; �M. � ....�. R _...Y. � ::� . � _. . . R � �:.. ■� '�! R � ��... : ...� ' '. � !i � •.. . �• :I:. .. .:. �. � � ! � �.! ' •': �• ! �� t� ♦' �. ■ f ��.- •. ...� �` • '��! * � �. .� _ ..� � �� . • r � .. M.: � �,. . : i��M�' •�,.:��' ' `M�. �.� � �',��..��. : -�...l� �� _� �.� ��M �:.�.�f� M � •�. .•., �.�i .:� .._. �� •.', ��f a• The culpability of the person charged in the complaint; b� The harm ta public or private interests resulting from the violatian; c• The necessity of preserving public confdence in the canduct of local government; d� Whether there is evidence af a pattern of disregard for ethical obligatians; and e• Whether remedial action has been taken that will mitigate the adverse effect of the violation. To impose or recommend sanctions for a first violation of the ethics code or municlpal campaign finance code, other than a letter of notification, a letter of admonitlon or a referral to training, the board must find by a preponderence of the evidence that the person acted knowingly, unless otherwise provided by this code. � � . • - �i - _ � � � ; • � � � � � *. � j � � i i� c � �' •_�r:. .r ._� .,..._ � ,.'r � ... �r - �.... � . #...., ... _ . M: ..• .w. •.. _ -..- ♦� .r..s � � ♦ :.: -.- _ . ,:.! . . � �♦. ...� ! ��.f �� ' - " :* ! �� •� � w.,. �'w '! �. _ �� *M._.. * ^ . � R. ... � • • �.: � ' ��`� .. ! ..-� �a.: * •-... �•�:.•-��.•^: •!: _� *.' ' , ..��..*.. �...�. 'a ! r��•�� - ' �. "� � . �- .., ._►• .. .• _.. •. . � �'r . '� �� .,. �..�: i� � -r. -. N ,�. '.•:�. R .,_� ��.,��: � :.... � !•• -�■ ..��' '�'.!,* � ^.� l�� R. ..'i _��:� �#. ._ ._.. ,. ..# '. ..:# ��..._� �_ ' •�..i ...•.` � �..�,�'�' �.'.� 'l.:.�:! ��. "♦�•�� '+• ��'� ' ' .Ml. ..•�M. ...��l� �.�! �.. ..�. � * R'�'.• _. ..l� �.. � l;.•!� . ��#.. �. •�'�!!� ._. -_ •1: } ....�. •::. - - M _.•. � � �'.!. � . :. • - .. � �...# � � .!�'! •�� !. •:. ... .��. . � � ♦ ; R � � .�� .._. •.....�!'�` �►Ri •..# �� # ��. �R,� ' ��:.' .:. ��• _..�. .� • �:•� •! ^.!� �.-.. _.... *!.l�.� l��. �.. ��,. . .- _��-�� .•��.� if �....� �:.. _. .�� ♦#..�' ��l;♦.�, �*�+�:� .....•'#� '�. � �.. !l..�..� !� +....�. .�. �.�••l.�� ' �...� . �..l.� •�,�� f.^��.�- �� :�� •.�� **.�:. � l�..• �! ..�...'....f �.* � f.��-i !^�� '• �� '. i '•: ��i • ._.. ! ' M �. ' � M. � - .!�l... M v . �� R� ��. : !' .�.. f •yl. v. M �f�. • �..�.. �M •� .� .. �....�# ' � ��.�.. ♦ . .: � ! ��#. �.,.. f �..� !" !l��.�� -�i � M # ... . # . ��...� �� .�. `� �.•�� ^:! •�..-: � _... :�.. # �:.. !.. � . . . " �- ' ��. i .; �.� � �� .. ! . # . �.• ...._ . .! .'�.. !� i .'� �' ! �.._ .�#. y .! �:.��. : ! � . �.e • i......_ . ... �� e.�' .!� .� ♦ . a. •� •.... ,�.. �.. .a: � . *\� + _ -.�. +�� ' . . �• ..�.. � , . , � �. !! .:�� ! �• �.* - . ... . ■ .. � -. M- f :.�� f.::.. i.. . � _t . � ..�* • ...� � •...� M. !.. � � �� _. . ! .�.#.. � _ _ *.* ! � .. ..,� t �� ., . • •�• .:... . i ��f . � !> >.��.M� '! �. . ! � _ . N !i'. •. �:#. ` . � �. .�-�� •� ' ' +..-• �r�� . �..'.l�� •�a � �� * . a.. .: � -� -� � r �.�. .... : � �.: � � � � ...� �.� � � �� ... �� . •�..._ N- ..:'.� � � �.N * : ..._� .�� # ^.. •. .�...� � �_. _ ..• .. R . !. ..... ♦'. - .:.. " _ �.��* ..;�'� .:..�•� ��l� "� .1�-1, .._ ...•� . #�_.� ��' 'a �� ! ..�.. .':.♦ - :�♦ "R..a •�:�i #..:�� • �- w 1.��. -:�11� .".� � i . ! .i... • : .. ..• • •�!. ��• '.. ��.' � �.. . R�.:.�! ! ..., � ��' ��.�� . • • �. .._ _....' f i. ��•. M ! .'�� ' �.:� - ��.._ �. ..*... ��# . 4..:"t . � .� !�• R. �. _ �.. »*n *. _ ,... � � !:� � �� . �.�} . • .. ..•� .:l. # ..♦ a � *... ! . •:: ...v �.•!�= M. ... • �t��.•!�:l...! . ��.�.�. �.�. . #...f .: ._+ ..�... � �... _ .l.�, ��:.M.�'4.. •�.... _ ..■�_ .� _ �. �. �# �..[. . �.�.. � �'♦ _ �.• .�.,. _ ■•..� �' •.•.. � �� :.�. � _...� ..� f � "! � �� . ! * !.. # -* i.... � � ...•: ! •' .: ` M ' .. �- • . ..' �. .� M' #t ..! s. .. � «_f _.. :_ � �� '� . �� '.. . • !' •:. �� ! . ��M . � •.... . � �..�.:.� • �� ' * ! . �.� � � � �� t R �- �. .`*': � .. f� .' �. �� .� .� .•1-: b• It is a violation of this code of ethics: � 1• For a person debarred from entering into a contract with the city to enter, or attempt to enter, into a contract with the city during the period of disqualificatlon from contracting; or 2• For a city o�cial or employee to knowingly assist a violation of subsection b.1. of this rule. C• Nathing in this section shall be construed to prohibit any person from receiving a senrice or benefit, or from using a facility, which is generally available to the public, according to the same terms. (4} Recomrmendatron fo void or ratify contract. ff the ethics review board finds that there has been an intentional or knowing violation of any provision of the ethics code, or that a person has committed a violation that he or she should have known was a violation of the code that is related to the awarding of a contract, the ethics review board must vote on whether to recommend to the city council that the contract be ratified or voided. Such action shall not affect the imposition of any penalty or remedy contained in this code af ethics or any ather law, (5} Civil fine. The ethics review board may impose upon any person, whether or not an offcial or employee of the city, who violates any provision of this code of ethics a fine not exceeding $500.00. Each day after any filing deadline imposed by division 5 and division 7 or the municipal campaign finance code for which any required statement has not been filed, or for which a statement on file is incorrect, misleading, or incomplete, constitutes a separate offense. i6) Letter of natrficafron. The ethics review board may issue to any person, whether or not an official or empioyee of the city, when the board finds that a violation of the code of ethics was clearly unintentional or inadvertent. The letter must advise the person to whom it is directed of any steps to be taken to avoid future violations. f7) Le(ter of admortrtron. The ethics review board may issue to any person; whether or�noban afficiaF oremployee of th� city, a letter of admonition when the board finds that the violation of the code of ethics was minor and(or may have been unintentional or inadvertent. (e} Letter of repnmand. The ethics review board may issue to any person, whether or not an o�cial or employee of the city, a letter of reprimand when the board finds that the person has intentionally or knowingly violated the code of ethics. ig} Fteferra( to ethics training. Upon finding of violation of the ethics code, the ethics review board may require a city a�cial or employee to attend ethics code training, (9) Criminat prosecutron. The ethics review board may recommend to the appropriate law enforcement agency criminal prasecution under this section or under V.T.C.A., Local Government g 17i. Prosecution of any person by the city attorney for a violation of this ethics code shall not be undertaken until a complaint is�disposed of in accordance with this section. However; the� absence �f a�recommendation to prosecute from an ethics review board ta the city attorney shall nat preclude the city attorney from exercising his or her prosecutorial discretion to prosecute a violation of this ethics code. Any person who files a false sworn statement under division 5, divlsion 7,,or division 8 or the municipai campaign finance code is subject to criminal prosecution for perjury under the laws of the state. ih) Reconsideration. Within five business days of receiving the final opinion of the ethics review board, the complainant or respondent may request the ethics review board to recansider its decision. The request must be filed with the o�ce of the city clerk, Within 15 days after fling with the city clerk, the originally assigned preliminary reviewing panel shall review the request for reconsideration. If the panel concludes reconsideration is warranted, it shall bring the request within another 15 days to the full board for decision on whether to grant reconsideration. If the full board grants reconsideration, the board may then arder further proceedings in accordance with the provisions of � M . •�:' • �a � � ` � ` � � � i � � � �, • �., . �., � �..,. l R ��. � �'' # i this code. If no panel was assigned to conduct a preliminary review, the chair shall review the request and may in his or her discretion decline the reconsideration or refer the matter to the full board for reconsideration within 15 days of receiving the request. i�} Councit actran. City council shall dispose of a recommendation from the ethics review board within 90 days of receiving such recommendation. The recommendation(s) of the ethics review board may be accepted, rejected, modified, or recommitted to said board for further action or clarification. Failure to take action within specified tirne limits may result in the charge being dismissed for want of prosecution. Prior to such dismissal, the complainant will be given notice and an opportunity to request continuance of the action. U} Appeafs. A decision of the ethics review board is final unless the person aggrieved by the decisian appeals to the state district court in Bexar County no later than 30 days after the date the board renders the decision. If the decision of the ethics review board is not supported by substantial evidence, the district court may reverse or affrm the board's decision in whole°or�in part, •or'mey modify#he"board's decision if substantial rights of the aggrieved°person have been prejudiced. Costs of an appeal may not be assessed against the board, individual board members, or the city. (ord. rvo. 2oos-os-o2-ozsa, § r(Exn, a), 3-2-06; Orci. No. 2009-06-25-0553, § 2(Arr. e), s-2sos1 Sec. 2-88. - PetitEan for declaratory ruling. ��.' Any city official or employee against whom public allegations of ethics or campaign finance violations have been made in the media or elsewhere shall have the right to file a sworn statement with the city clerk a�rming his or her innocence, and to request the ethics review board to investigate and make�known-its•findings; �and make any relevant recammendations•concerning•the issue. (Ord. No. 2006-03-02-0268, § f(Exh. A), 3-2-06) Sec. 2-89. - Advisory opinions. ��' (a) Advrsory oprnians issued by khe ethres revrew board. i1) Ethics code rnquiries by persons ofher than city offrcrals end employees. a• By writing filed with the city clerk, any person other than a city official or employee may request an advisory opinion with respect to the interpretation of the ethics laws, but oniy with respect to whether proposed ection by that person would violate the ethics laws. 7he city clerk shall promptly transmit all requests for advisory opinions to the ethics compliance o�cer and the chair of the ethics review board. City o�cials and employees may request advisory opinions from the city attorney pursuant to subsection {b}. b• Within thirty (30) days of receipt by the chair of the ethics review board of a request for an advisory opinion, the board, acting en banc or through a designated ethics panel, shall issue a written advisory opinion. During the preparation of the opinion, the board may consult with the ethics compliance officer of the city and other appropriate persons. An advisory opinion shall not reveal 4he name of the person who made the request, if that person requested anonymity, in which case the opinion shall be written in the form of a response ta an anonymous, hypothetical fact situation. A copy of the opinion shall be indexed and kept by the ethics review board as part of its records for a periad of not less than five (5} yeers. In addition, copies of the opinion shall be forwarded by the chair of the ethics review board, or the ethics compliance officer, ta the person who requested the opinion, to the members of the ethics review board, and to the city clerk. The city clerk shall make the apinion available as a public record in accordance with the Local Government Ftecords Act. The ethics compliance a�cer shall promptiy post the opinion for a period of no less than five (5) years on the Internet via the city homepage. �z} Oprnions initiated 6y khe board. On its own initiative, the ethics review board, acting as the full board or through a designated ethics panel, may issue a written advisory opinion with respect to the interpretation af the ethics laws or the municipaf campaign finance regulations as they apply to persons other than city officials and employees if a majority of the board determines that an opinion would be in the public interest or in the interest of such person or persons subject to the provisions of the ethics laws. Such an opinion may not include the name of any individuel who may be affected by the apinion. A copy of any such opinion shall be indexed and kept by the ethics review board as part of its records for a period of not less than five (5} years. In addition, capies of the opinion shall be forwarded by the chair of the ethics review board, or his or her designate, to the ethics compiiance officer and to the city clerk. The city clerk shall make the opinion available as a public record in accordance with the Local Government Records Act. The ethics compliance oificer shall pramptly post the opinion for a period of no less than five (5) years on the Internet via the city homepage. (3} ��'��Rce. If a person reasanably and in good faith acts in reliance on an advisory opinion issued by the ethics review board, khat fact may be considered by an ethics panel in adjudicating a complaint fled against that person, but does not by itself bar the finding of a violation. ib) Ethics advisory opinions issued by the ethics comptiance officer. �1 } Ethics rnqurries by crfy o(frcials and empfoyees. a• By writing filed with the o�ce of the city attorney, any city official or employee may request an advisory opinion with respect to whether proposed action by that person would violate the ethics laws. b• Within thirty (30} days of receipt of the request by the o�ce of the city attorney, the ethics compliance officer shall issue a written advisory opinion. The advisory opinion shall not reveal the name of the person who made the request, if that person requested anonymity, in which case the opinion shall be written in the form of a response to an anonymous, hypothetical fact situation. Opinions that address new issues and that are instructive an the application of the ethics regulations shall be posted on the ethics webpage in a manner that does not reveal the identity of the individual requesting the opinion. i2) Reliance. A person who reasonably and in good faith acts in accordance with an advisory opinion issued by the ethics compliance a�cer may not be found to have violated the ethics laws by engaging in conduct approved in the advisory opinion, provided that: a• He or she requested the issuance of the opinion; b• The request for an opinion fairiy and accurately disclosed all relevant facts; and c• Less than five (5} years efapsed between the date the opinion was issued and the date of the conduct in question. (ord. nro zaos-os-o2-a2ss, § ��exh. A), 3-2-06) I ! ,. �+:- � 1. ' � • �� R •, !, ; 1 1 � ',. ! �� . � R � . X R �... Sec. 2�90. � Annual repo,rt. � �eR..,' � � �� - - . -...., , - : � � - - ... . � � -._ �� _ . . _ _ _ _..� . : ��_ . _ . � . .- _ � _ � � a..� :_ .> ♦ _ �� : ;�t . r�:.- + -�w � _ f • R'�..� . • � .�.. � �-�� . � � e� � �•.�� •�' �:'�: � _ a , �:.�.. • • ':' • • -� s � � •�. M�:.. • _ . • •��♦ s_� :.N r .�..♦ r...... •,. - �i�. � ; +��.�. . �..... - . �� . -� _� � � � ��: .: 3 � � :.: ' _ �: • - � �: . - '� a - - �: �. _ � _ s ■'�� t i � . - . _ • � H: �_� � �- . +.♦ f -��M . - ' " :�..�.a.�- # �� r /..i R / , t:�. � ! �.i i r.:: f � ` i ; r' *�� . ♦ ♦ ��:.._ � a :'�� ♦ • �:�.' . �,�,_ ' �a_. • �: • � �,� r .�.s . � - ,...,. •s. „ w .' ',s...- •,. ■. ��. � � ' = s'. ��. • � ' ��; • ! �'. e l�..� ! #��.�: ! R � � � � ',.' � . � � .� ' _ ,,, J ! ,�. � �. a � c ! .. +�, �,. *, . . .. � ;, � .,�. � • * � � � , � � � . �� -�.� „� .��.. �.� . .�,. ,, _ .. -� . ; �-� .. � � � . , „ _, ..,, ,� .a+�� ,'.-f7;" 4�tlle;,f n�s ��h�rtis. �"c $,y",� IS,;sri�:�urrr�� rsrn�9 sat3li� �er,. ��-s�& r,y�r.;.�t7ii;lY, __,£,.K_,..��_:Y'r 2' �li5�r:.'��.�I:uFi9,, 5ec. 2-92. - dther obligatians. �' This code of ethics and the municipal campaign finance code are cumulative of and suppfementai to applicable state and federal laws and regulations. Campliance with the provisions of this code shall not excuse or relieve any person from any obligation impased by state or federal law regarding ethics, financial reporting, Pobbying activities, or any other issue addressed herein. Even if a city.officiaLor,.employee is not prohibited.fr.om taking.nfficia( action,by ihis,code of,ethics, action may be prohibited by duly promulgated personnel rules, which may be more stringent. (Ord, No. 2006-03-02-0268, § t(exh, a), s-z-os1 � �� . .�� * r. (a) Within thirty (30) days after entering upon the duties of his or her position, every new official or employee shall be furnished with information about this code of ethics. The failure of any person to receive a copy of this code shall have no effect on that person's duty to camply with this code or on the enforcement of its provisions. Upon appointment to a board or commission, such official shall be provided with a copy of the ethics code. The code of ethics shall be posted on the city's webpage. �b) The city attorney or designated ethics compliance officer, in consultation with the ethics review board, shall develop educatianal materials and conduct educational programs for the o�cials and employees of the city on the provisions of this code of ethics, ��c:tican 1�k1 of the City Charter, and Section 171 of the Texas Local Government Law. �uch materials and programs shall be designed to maximize understanding of the obiigations imposed by these ethics laws. ic) 7he office of the city manager and department of human resources shall enact an administrative directive requiring that all departments provide their employees with training on the ethics code at least once every other calendar year. Training shall be provided to all city departments by videa or live presentation and will include educational materials. Additional presentations shall be affered to any department where necessary ta accommodate large numbers of employees. (d} The o�ce of the city attorney shall natify department directars regarding any significant amendments to the ethics code within thirty (30) days of adoption. Department directors shall disseminate the information to depaRment employees. ie) Information shall be provided to employees terminating city service regarding the restrictions on former city employees established in division 3. (OrrI. Na. 2008-09-02-0268, § 1(Exh. AJ, 3-2-06) Sec. 2-94. - Severability. s' If any provision of this code is iound by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this code to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shali not affect the other provisions or applications of this code which can be given effect without the invalid or unconstitutional provision or application. (ord. No. 2oos-os-az-ozsa. � ��exn. ,a�, s-2-os) Secs. 2-95-2-105. - Reserved. � http./llibrary.municode.ca TML/11508lIevel4lPTIICO CH2AD ARTITICOET DIV9... 10/5/2012