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18-757 %(+$1$%$1$-"$%.1, 18757 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$Ș2ș#§º«(´¯º¯§²¹ AmendedbyOrdinanceNo.1810436/26/18JR S:\Legal\O ur pocu ments\Ordinances\18\Ordinance-Ethics Draft H OS-01-18 Clean.docx � ► � \ : \ - \ �'. • • . � � � ' • � '', � � � , . . � � � . � � � 1 , � . �; � ' � � '' �' • � ' � • ' � , r � � . � � � . � � , � � � � , r � , r ��; � r, ��.I �.I '1 11 '1 � �, �r�r r> �; . � . 1 '''1 1 1'' . �. WHEREAS, the City Council of the City of Denton enacts this new Code of Ethics to foster a culture of integrity for those who serve the municipality and aur citizenry; and E EAS, the City Cauncil strives to increase public canfidence in our municipal government; and E EAS, the City Council finds that it is the policy of the City that all City Officials and emplayees shall conduct themselves in a manner that assures the public that we are faithful stewards of the public trust; and E AS, the City Council has determined that city officials have a responsibility to the citizens to administer and enforce the City Charter and City Ordinances in an ethical manner; and E AS, the City Cauncil wants to enhance public confidence in our municipal government by providing that each city official must strive not anly ta maintain technical compliance with the principles af conduct set forth in this Article but to aspire daily to carry out their duties objectively, fairly, and lawfully; and E AS, the City Council enacts this Ordinance to ensure that decision makers provide responsible stewardship of City resources and assets; and WHEREAS, the City Council intends this Ordinance to provide a framewark within which to encaurage ethical behaviar and enforce basic standards af conduct while providing due pracess that protects the rights of the camplainant and the accused, and not to provide a mechanism ta defame, harass or abuse political opponents, ar publicize personal grudges; and E EAS, on November 7, 2017, Denton voters approved a propositian amending the City Charter so as to require the adoption of an ordinance regulating ethics; and r � - �'- ,v� � -w ', �, +- • .��-, , � . , �-• # r . - � 1 .�r� .� � . , , � � � Ethics Ordinance Requirement. The City Council shall adapt an ethics ordinance. The ethics ordinance shall prahibit the use of public afiice for private gain and shall incorporate the conflict of interest standards that appear in chapter 171 of the Texas Lacal Government Code and all state law as presently exist or may be hereafter amended or adopted. The Council may adopt more stringent standards than those that appear in state law, but the ethics ardinance shall at a minimum include the follawing components: (1) Definition of a prohibited impraper economic interest and persanal gain; (2} Definition af recusal and improper participation when a potential conflict of interest is present; (3) Avoidance of appearance of conflict of interest; and (4) Administration and enforcement of ethics ardinance, including the power to subpoena witnesses and documents, coupled with strang and meaningful remedies for infraction; � E EAS, prior to commencing the drafting process, the City Council completed two (2) hours of formal training on state ethics laws and common companents of municipal ethics policies in Texas; and WHEREAS, the contents of this draft was selected from a sampling of more than nineteen (19} municipal ethics policies from across Texas; and WHEREAS, this document represents the consensus of preferences expressed by the City Council over a period af eight (8) public wark sessions, and four (4) public hearings, which were broadcasted. Altogether, the work sessions exceeded twenty (20) hours of deliberations; and . � ��- • . .rr � - ' . • � ". + . � r � � + :�. � • `� _ � . � . � ♦ :�. • � ' � :�. • !-�. . ..• .r�� _� r _ � ' . � - •� . w . � . � � . , , .� . . � _ -. � .r - . •; . . � , . � � I I 1 1 1 ': 1' 1. SECTION 1. FINDINGS OF FACT. The foregoing recitals are incorparated into this Ordinance by reference as findings of fact as if expressly set forth herein. �' 1 �.- • • � �- �, -r , . �-• � .�• + . . . � �- �- -• .• - . . .'� . - -.� .: • �' '�'• � . w - � . � .• - - f . • � f'!'. -• � � w . " � . - , � � '�*;- , -. �' � u: �� . �� - - ' -� - 1..; � . F. � • • .�: � ' �.� � ..,.. • . '�.�' � �.' ' � ��: together in harmony. However, all Ordinances, or parts thereof, that are in conflict ar inconsistent with any provision of this Ordinance including, but not limited to Section 2-62 (Conflict of Interest), are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain cantralling as ta the matters regulated, herein. SECTI N 4. SEVE ILITY. Should any of the clauses, sentences, paragraphs, sectians, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. SECTI N 5. C IFICATI N. The City Secretary is hereby directed ta record and publish the attached rules, regulations, and policies in the City's Code of Ordinances as authorized by Sectian 52.001 of the Texas Local Government Code. SECTI N 6. EFFECTIVE ATE. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed ta cause the caption af this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10} days of the date of its passage. In additian, per Section 2- 279( fl af the Ethics Ordinance, the time for filing a Camplaint regarding an alleged violation of the Ethics Ordinance where the alleged violation accurs after the Effective Date but before the Baard of Ethics is empaneled shall be talled and not begin ta run until such time as the Board of Ethics is empaneled and its Rules of Pracedure are confirmed by the City Council. �' "' �' ' � : - -� * . ♦ �' . � w- - -� . _ .. . . • • � - . �, -• . •�. � - • � . � . � . • . r � . • . - . r • r• - ♦ . � ._ , . + - , -w -r r - • �- -- . • - . � - - ��- .� - � - . . r , � •-� . .w .• � ,• - � - - . � . • _ _ ��- seconded b �u� m µ�� '( �___,��______________ , the ordinanc�e as assed and� and The motica�� t�� r��^vc t�ais ordinance was made b �� ,��,��'��_,� Y...... a� .�� p aPProved by the following vote [ '7 - 0� : Mayor Chris Watts: Gerard Hudspeth, District 1 Keely G. Briggs, District 2: Don Duff, District 3: �� ,� ---- --- . . � �"�! �,r��°°, ----- � ..................................... �� ...................... _. m... . _. _ ------------ -------------- a�„T ��. ��'� _ _ �. .. � ...._------- n. John Ryan, District 4: �� - __.__ _ . ....... �.�A � Dalton Gregory, At Large Place 5: mm m�,P�� ..�._._.�_....__ Sara Bagheri, At Large Place 6: � .., � ................_�..�_...... ..�.�......._._.,.,...____. ,� PASSED AND APPROVED this � day of ��,� �� , 2018. � � � � � . �I �.�° , � �� .�' . ,� _... _____. . _ .......�� : ......�..._.____ _. CHRIS '�' �'1 l �, MAY01� ATTEST: JENNIFER WALTERS, CITY SECRETARY I� ,� 6' �'�I�.�VED �'� TO LEGAL FORM: � LEAL, CITY ATTORNEY �, ' "� �.....m� A �� b� �� f .. � �� B�. �„,��.��..v �� P ' �„� , . --- .......................____ :......—,��— � _.. ........................ Attachment "A " 1 � 1 ,, • � • 1 � R DIVISI N 1. GENE L Sec.2-265. Authority This Article is enacted pursuant to the authority granted to the City under Section 14.04 of the Charter. Sec.2-266. Purpose The purpose of this Article is ta faster an environment of integrity for those that serve the City of Denton and aur citizenry. The City Council enacted this Article in arder to increase public confidence in aur municipal government, It is the palicy of the City that all City Officials and employees shall conduct themselves in a manner that assures the public that we are faithful stewards of the public trust. City Officials have a respansibility to the citizens to administer and enforce the City Charter and City Ordinances in an ethical manner. To ensure and enhance public canfidence in our municipal gavernment, each City Official must strive not only to maintain technical compliance with the principles of conduct set forth in this Article, but to aspire daily to carry out their duties objectively, fairly, and lawfully. Furthermore, this Article was enacted to ensure that decision makers pravide responsible stewardship of City resources and assets. It is not the purpase of this Article to provide a mechanism ta defame, harass or abuse their political opponents, ar publicize personal grudges. Rather, this Article is intended to provide a framework within which to encaurage ethical behavior, and enfarce basic standards of conduct while providing due process that protects the rights of the Camplainant and the Accused. Sec.2-267. Prospective This Article shall apply prospectively, and shall nat sustain any Camplaints based on acts ar omissions alleged to have taken place prior to May 15, 2018. Sec.2-268. Applicability This Article applies to the following persans: (a) City Officials; (b) Former City Officials whose separatian from city service accurred less than one (1) year fram the date of the alleged violation af this Article. Application of this Article to Former City Officials shall be limited to alleged vialations: (1) that accurred during the term as a City Official; (2) of the prohibition on representing others for compensation (§2-273(d)(2)); ar (3) of the prohibitian of subsequent wark on prior projects (§2-273(h)); (c) Vendars; and (d} Complainant(s), who must comply with this Article's procedures and the prahibitian on Frivolous Camplaints. r "' 1 . � The following words, terms, and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accepted Camplaint: a sworn allegation af documentation has been submitted to the City complete. violation of this Article after the required Auditor and determined to be administratively Accused: a City Ofiicial wha has been charged in a Complaint with having violated this Article. Actianable Complaint: an Accepted Complaint that has been deemed by a Panel ta contain allegations and evidence thai, if accepted as true, would support a finding that a violatian af this Article occurred. Advisory Opznions: written rulings regarding the application of this Article to a particular situatian or behavior. Article: this Chapter 2, Article XI af the Code of Ordinances for the City of Denton. Baseless Complaint; a Camplaint that daes not allege conduct that would constitute a violation of this Article, or that does not provide evidence that, if true, would support a violation af this Article. Board of Ethics: the oversight entity established by the Council to administer this Article. Business Entity: a sale proprietarship, partnership, firm, corporation, holding campany, joint-stock company, receivership, trust, political subdivision, gavernment agency, university, ar any other entity recagnized by law. i i ii'� � r- • � . -• . .�• . • w . � . - • , r, w �� * � � � ' � � - � . • � . � -• - - � • •� • Charged: to be charged with a violation af this Article is to have an Accepted Complaint deemed Actionable. Czty: the City of Dentan in the Caunty of Denton and State of Texas. City Auditor: the person appointed to serve in the capacity provided far by Section 6.04 af the City Charter, ar their designee and clerical staff acting in the City Auditor's absence. City Official: for purposes af this Article, the term consists of the Council Members, Department Heads, ar member af the Board of Ethics, Planning and Zoning Cammission Members, Baard of Adjustment, Historic Landmark Commissian, or Public Utilities Board. Code: the Code of Ordinances of the City of Denton, Texas, as such Code may be amended from time to time. Complainant: the human individual who submitted a Complaint ta the City. Complaint: written documentatian submitted to the City accusing a City Official of vialating this Article. Confidential Information: any written infarmation that cauld ar must be excepted from disclosure pursuant to the Texas Public Information Act, if such disclasure has nat been autharized; or any non-written information which, if it were written, could be excepted from disclosure under that Act, unless disclasure has been authorized by the City Cauncil or City Manager. Council: the governing body of the City of Dentan, Texas, including the Mayor and City Council Members, Deliberations: discussions at the dais; voting as a Member of the Board or Commission; ar presentatians as a member of the audience before any City Board or Commission; conversing or carresponding with other City Officials or Staff. This term does not apply to a general vote on a broad, comprehensive, or omnibus motion, such as approval of the City budget. Department Heads: the employees appointed by the City Council, thase being the City Manager, City Auditor, City Attorney, and Municipal Caurt Judge. Former City Official: a City Official whose separation from city service occurred less than one (1) year from the date of an alleged violation af this Article. Frivolous Complaint.• a sworn Complaint that is graundless and brought in bad faith, ar groundless and brought for the purpose af harassment. Interfere: a person interferes with a pracess or activity pertaining to this Article when they intentionally and wrongfully take part in, or prevent, a City process or activity from continuing or being carried aui properly or lawfully. Panel: an ad hoc subcommittee of the Board of Eihics consisting of three (3) members assigned by the Chairperson or designated by the City Auditar (as applicable) on a rotating basis, at least one (1} of which is an attorney or retired jurist. Pending Matter: an application seeking appraval of a permit or other form of authorization required by the City, State, or Federal law; a proposal to enter into a contract or arrangement with the City for the provisian of gaods, services, real property, or other things of value; a case involving the City that is (or is anticipated to be) befare a civil, criminal, ar administrative tribunal. Person: associations, corporations, firms, partnerships, bodies politic, and corporate, as well as individuals. Recklessly: a person acts recklessly when they are aware of but consciously disregard a substantial and unjustifiable risk that a certain result is probable from either their conduct, or in light of the circumstances surraunding their conduct. The risk must be of such a nature and degree that to disregard it canstitutes a gross deviation from the standard of care that an ordinary person would exercise under the circumstances. Relative: a family member related to a City Official within the third (3rd} degree af afiinity (marriage) or cansanguinity (blaod or adoption}. Shall: a mandatory obligation, not a permissive chaice. Special Counsel: an independent, autside attorney engaged by the City to advise the City as an organization and/or the Board of Ethics. Vendor: a person who pravides or seeks to provide gaods, services, and/or real property to the City in exchange for compensation. This definition does nat include those property owners from wham the City acquires public righi-af-way or other real property interests for public use. I : � This Article is cumulative of and supplemental to all applicable provisions of the City Charter, other City Ordinances, and State/Federal laws and regulations. Compliance with this Article does not excuse or relieve any person from any abligation impased by any other Rule. Attempts to enfarce this Article shall not be canstrued as foreclosing or precluding other enforcement options pravided by other law. I 17 ►�/ (.'� (#]►[►#:i1111 af.Y�] �7K�7►11311l1111 Sec.2-271. Expectations The following list conveys the City Council's expectations for City Officials. These expectations are aspirational, and shall nat serve as the basis for a Camplaint. (a) City Officials are expected to canduct themselves in a manner that fosters public trust. (b) City Officials are charged with perfarming their public duties in a way that projects a high level af personal integrity and upholds the integrity af the arganization. (c) City Officials must avoid behavior that calls their motives into question and erades public confidence. (d) City Officials shall place the municipality's interests and the cancerns of thase the City serves above private, personal interests. (e) Thase who serve the City are expected to value hanesty, trustwarthiness, diligence, objectivity, fairness, due process, efficiency, and prudence as values the City prafesses. (� City Officials must balance transparency with the duty to protect personal privacy and preserve the confidential information with which the City has been entrusted. (g) It is neither expected nor required that those subject to this Article relinquish or waive their individual rights. Sec.2-272. andates (a} uty ta eport. City Officials shall report any conduct that the person knows to be a violatian af this Article. Failure ta report a violation of this Article is a vialatian af this Article. Far purposes of this section, submittal of a Complaint ar a repart made to the Fraud, Waste, ar Abuse hotline shall be considered ta be a report under this Section. A report ta the hotline may remain ananymaus unless disclosed by the caller. (b) Financial isclosures. All Candidates far City Council, including Candidates for Mayor, shall file financial informatian reports as required by, and in accardance with, State law. All prospective Vendars and City Officials shall file disclosure forms as required by, and in accordance with, State law. (c) Business Drsclosures. When a Pending Matter is before the City Official, and the City Official has knowledge af being a partner with one of the owners of the Business Interest with the Pending Matter, all City Officials shall file with the City Auditor a repart listing the knawn names af human individuals with whom the City Official or the City Official's spause is named partner in the fallowing types of businesses: General Partnership, Limited Partnership, Limited Liability Partnership, or Limited Liability Carporation, or Prafessional Corporatian. Annual reparts shall be submitted within ninety (90) days af taking office. Failure to submit a report shall nat serve as a basis far a Complaint unless the City Official fails ta submit a report within thirty (30) days of being provided written natification of the omission. Neither the existence of a business relationship as described in this Section, nor the submission of a report required by this Section shall prevent a City Official from participating in Deliberations an matters pending before the City absent a Conflicting Interest. (a) Conflicts of Interest: (1) Deliberation Prohibited. It shall be a violation of this Cade for a City Official to knowingly deliberate regarding a Pending Matter for which the City Official currently has a Canflicting Interest. City Officials with a current Conflicting Interest in a Pending Matter must recuse themselves and abstain from Deliberatians. It is an exceptian to this recusal requirement if the City Official serves on the City Council, Planning and Zaning Cammissian, Board af Ethics, Histaric Landmark Commissian, Public Utilities Board, or Board af Adjustment; and a majority of the members of that body is composed af persans who are likewise required to file (and who do file) disclosures on the same Pending Matter. (2) Disclosure Required. If a City Official has a Conflicting Interest in a Pending Matter, the Ciiy Official shall disclase the nature of the Conflicting Interest by filing a swarn statement with the City Auditar. Disclosures under this subsectian shall be far the time period, including the previous calendar year, and up to date where the Conflicting Interest arises before the City Official. (3) Definition of Conflicting Interest. Far purposes of this Article, the term is defined as follows: Conflicting Interest: a stake, share, equitable interest, or invalvement in an undertaking in the form of any one (1) ar mare of the following: (A) ownership af five percent (5%) or more voting shares or stack in a Business Entity; (B) receipt of more than six-hundred dollars ($600.00) in gross annual incame fram a Business Entity, as evidenced by a W-2, 1099, K-1, ar similar tax form; (C) ownership of more than six-hundred dollars ($600.00) of the fair market value af a Business Entity; (D) awnership of an interest in real property with a fair markei value af more than six-hundred dollars ($600.00); (E) serves on the Board af Directars or as an Officer af a Business Entity, unless the City Official was appointed to that position by the City Council; and/or (F) serves on the Board of Directors (i.e., gaverning body) or as an Officer af a nanprofit carparation or an unincorporated association, unless the City Official was appointed to that pasitian by the City Council. A City Official is considered ta have a Conflicting Interest if the City Official's Relative has a Conflicting Interest. The term Conflicting Interest does not include awnership of an interest in a mutual or cammon investment fund that holds securities or assets unless the City Official participates in the management of the fund. (b) Gifts. (1) General. It shall be a violatian of this Article for a City Official ta accept any gift that might reasonably tend to influence such Officer in the discharge of official duties. (2) Specific. It shall be a violation af this Article for a City Official to accept any gift far which the fair market value is greater than fifty dollars ($50.00). It shall be a violatian of this Article for a City Official to accept multiple gifts far which the cumulative fair market value exceeds two hundred dallars ($200,00) in a single fiscal year. (3) It shall be a violation af this Article far a Vendor to offer or give a Gift to a City Official exceeding fifty dallars ($50.00) per gift, or multiple gifts cumulatively valued at mare than twa hundred dollars ($200.00) per a single fiscal year. (4) Definitian af Gift. Anything of monetary value, including but not limited to cash, personal praperty, real property, services, meals, entertainment, and travel expenses. (5) Exceptions. This definitian shall not apply to the fallowing, which are allowed under this Article: (A) a lawful campaign contribution; (B) meals, lodging, transportatian, entertainment, and related travel expenses paid for (ar reimbursed by) the City in connection �vith the City Official's attendance at a conference, seminar or similar event, or the coordinator of the event; (C) meals, lodging, transpartation, or entertainment furnished in connectian with public events, appearances, or ceremonies related to official City business, nonprofit functions, ar charity functions, or cammunity events, if furnished by the sponsor of such events (wha is in attendance); (D) camplimentary copies of trade publications and ather related materials; (E) attendance at hospitality functians at local, regional, state, ar national association meetings and/or conferences; (F) any gift that wauld have been offered ar given ta the City Official because of a personal, familial, professianal relationship regardless of the City Official's capacity with the City; (G) tee shirts, caps, and ather similar pramational material; and (H} complimentary attendance at political, nonprofit, or charitable fund raising events. (6} Donations. It is not a violation under this Article for a City Official ta accept a Gift prohibited by this Article on behalf of the City of Denton. Conveyance of a Gift prohibited by this Article ta the City af Dentan ar a nonprofit corparation cures any potential vialation. (7) Reinzbursement. It is nat a violation under this Article for a City Official to accept a Gift prohibited by this Article and pramptly reimburse the Persan the actual cast or fair market value of the gift. (c) Outside Employment. (1) ApplicabiliCy of Section. This subsectian applies to Department Heads. (2) Prohibition. It is a violation of this Article for a Department Head ta solicit, accept, or engage in concurrent outside employment which could reasonably be expected to impair independence of judgment in, ar faithful performance of, official duties. (3) Disclosure and Consent. It is a violatian of this Article far a Department Head to accept employment fram any Person ather than the City without first disclosing the prospective employment arrangement in writing ta the Mayar and receiving the Mayar's written consent. (d) epresentation of Others. (1) Current City Officials. It shall be a vialation of this Article far a City Official to represent far campensation any persan, group, ar entity before a board ar cammission of the City. For purpases of this subsection, the term campensatian means maney ar any other thing of value that is received, ar is to be received, in return for or in connection with such representation. (2) Farrrcer City Officials. It shall be a violatian of this Article for a City Official to represent far compensation any persan, graup, ar entity before the City Council or a board, commission, or staff of the City for a period of ane (1) year after terminatian of afficial duties. This prohibitian applies to representation in the farm of advocacy or labbying regarding discretianary approvals of the City, not rautine, ministerial actions. Far purposes af this subsection, the term compensation means money ar any ather thing of value that is received, ar is to be received, in return for or in connectian with such representation. The prohibition in this subsection solely applies ta the Former City Official, and shall not be construed to apply to ather affiliated Persons. This subsection does nat apply to Former City Officials wha represent athers far campensatian in the course of applying for non-discretianary, ministerial permits and routine approvals. It shall be an exceptian to this Article when the Former City Official is employed by ar awns a small business which existed before the Farmer City Official commenced service as a City Official and is the sole saurce of specialized knowledge or expertise necessary within that small business, and that knawledge ar expertise is necessary to transact business with the City. (e) Improper Influence. It shall be a violatian of this Article far a City Official ta use such person's afficial title/pasition to: (1} secure special privileges or benefits far such person ar athers; (2) grant any special consideration, treatment, or advantage to any citizen, individual, business organization, or group beyand that which is normally available ta every ather citizen, individual, business organizatian, or group; (3} assert the prestige of the official's or employee's City pasitian for the purpose af advancing or harming private interests; (4) state or imply that the City Official is able to influence City action on any basis other than the merits; ar (5) state or imply to state or local governmental agencies that the City Official is acting as a representative of the City, as an arganization, ar as a representative af the Ciiy Cauncil without first having been authorized by the City Council to make such representation (except the Mayor, City Manager, and City Attorney). (� Misuse of Information. (1} Persanal Gain. It shall be a violation of this Article far a farmer City Official to use any confidential infarmatian ta which the City Official had access by virtue af their afficial capacity and which has not been made public concerning the property, operations, palicies, or affairs of the City, to advance any personal or private financial interest of any Person. (2} Confidential Information. It shall be a violatian of this Article for a City Official to intentionally, knowingly, or recklessly disclose any confidential infarmation gained by reasan af the City Official's position concerning the praperty, operations, policies, ar affairs of the City. This rule daes not prahibit the reporting of illegal or unethical conduct to authoriiies designated by law. (g} Abuse af esaurces. It shall be a vialation of this Article for a City Official to use, request, or permit the use of City facilities, persannel, equipment, software, supplies, ar staff time for private purpases (including political purposes), except to the extent and accarding to the terms that those resources are generally available to ather citizens and the City Officials far official City purposes. (h) Abuse of Positian. It shall be a violation of this Article for any City Official to engage in the following: (1) Harassment & Discrirrtination. Use the Official's position to harass or discriminate against any person based upon ethnicity, race, gender, gender identity, sexual orientation, marital status, parental status, or religion. (2) Interference. Interfere with any criminal or administrative investigation alleging the violation of any provision of this Article, the City Charter, administrative policy, or executive order in any manner, including but nat limited to seeking ta persuade or coerce City employees or others to withhold their cooperation in such investigation is a violation of this Article. (i) Subsequent Work on Prfor Projects. It shall be a vialaiion of this Article for any former City Official, within ane (1) year of the cessation of official duties for the City, to perfarm work on a compensated basis relating to a City contract or arrangement for the pravision of goods, services, real property, or other things of value, if while in City service the former City Official personally and substantially participated in the negatiation, award ar administration of the contract or other arrangement. This Section does not apply to a City Official whose involvement with a contract or arrangement was limited to Deliberatians as a member of the City Council, Planning and Zaning Commission, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board. 1 � ' 1' ` �• � � (a) City Auditor. The City Auditor's Office shall be responsible to provide staff and clerical support to the Board of Ethics to assist in the implementation and enforcement of this Article. The degree of support required shall be at the discretion of the City Auditor. Nothing herein creates a duty for the City Auditar to enfarce this Article. Furthermore, this Article shall not be construed as requiring the City Auditar to investigate allegatians of violatians of this Article submitted via the Fraud, Waste, or Abuse hatline. (b) Conflicts Log. The City Auditor's Office shall, in cooperation with the City Secretary's Office, maintain a Conflicts Log on an ongoing basis listing the Conflicting Interests disclosed by City Officials in accordance with this Article. The log is a public record. The City Auditar is neither authorized nor required ta inspect or act upan the content af the Conflicts Log. (c) City Manager. If a Complaint accuses the City Auditor of violating this Article, the duties af the City Auditor under this Article shall be perfarmed by the City Manager for purposes of processing that Complaint. Sec. 2-275. Legal Counsel (a) City Attorney. The City Attarney shall provide legal support to the City Auditor and the Board of Ethics in the administration of this Article. Nothing herein shall be construed to limit the authority of the City Attorney ta render legal guidance in accordance with the City Attorney's professional obligatians and standards. (b) Special Counsel. Independent, outside legal services shall be engaged by the City Attarney on the City's behalf to provide legal support to the City Auditor and the Baard af Ethics when: (1} in the City Attorney's discretion it is necessary in arder to comply with the Texas Disciplinary Rules af Prafessianal Conduct (for lawyers), ar is in the best interest of the City; ar (2) when the City Council deems Special Counsel is necessary. (a) Curriculum. The City Auditor shall approve a training pragram that pravides an introduction and overview af the expectation, mandates, and prahibitions provided for by this Article, (b) Orientation. City Officials shall complete a training session regarding this Article within ninety (90) days of cammencing their afficial duties. (c) Annual. City Officials shall camplete an annual training session regarding this Article. (d} Exiting fficials. Information shall be provided ta City Officials terminating their City service regarding the continuing restrictians on the representation af others by certain former City Officials. �`i�b : � � � � � (a) Creation. There is hereby created a Board of Ethics for the City af Denion. (b) Appointment. The Board of Ethics shall be appointed by majority vote af the City Council. (c} Number. The Board af Ethics shall cansist of seven (7) regular members, and three (3) alternate members. (d) Terms. Board af Ethics members (regular and alternates) shall be appointed for two (2) year, staggered terms. Members may be reappointed for successive terms. Appaintment to fill a vacancy shall be for the remainder of the unexpired term. Members of the inaugural Board of Ethics shall draw straws to determine which three (3) members shall receive an initial term af ane (1) year in arder ta stagger terms. In total, members may only serve three (3) consecutive ierms. A member may be reappointed na saoner than one (1) year after expiration of a previous term. (e) Eligibility. Membership on the Board of Ethics is limited to residents af the City of Dentan. Preference in appaintments shall be given to professionals such as attorneys, architects, engineers, doctors, teachers, pastars, mediatars, retired jurists, licensed prafessional counselors, and those with licenses demanstrating high levels af educatian or master craftsmanship in the building trades. The Board shall be camprised of at least three (3) members who are attarneys or retired jurists. (� Ineligibility. The fallawing shall disqualify a person from serving an the Board of Ethics: (1) current service as a City Official; (2) separatian from city service as a City Official within two (2) years af the appaintment; (3) familial relations within the third (3rd) degree of affinity (marriage) or consanguinity (blaod or adoptian}; (4) current service as an elected ofiicial in Dentan Caunty; and / ar (5) canviction of a felony or crime af maral turpitude. (g) Alternates. Alternate members of the Board af Ethics shall attend meetings only upan request by the City Auditar's Office. The rale of an alternate is to participate in meetings of the Board af Ethics as a replacement for a regular member wha is absent ar abstaining. (h) Scape of Authority. The Board of Ethic's jurisdiction shall be limited ta implementatian and enforcement of this Article, and shall include the authority to administer oaths and affirmations, issue and enfarce limited subpaenas to campel the attendance of witnesses and the praduction of testimony, evidence, and/ar documents as is reasanably relevant to the Actionable Complaint, as provided by the City Charter. The issuance and enfarcement of subpoenas shall be only upon a maj ority vote af the Baard af Ethics, in accardance with the Rules of Pracedure, and enforcement shall be through any of the Sanctian optians listed herein. (i) Amendments. The Board af Ethics may recommend amendments to this Article. A recommendatian from the Board of Ethics is nat required far the City Cauncil to exercise its discretion in amending this Article. (j} Officers. At the first meeting af each fiscal year the Board of Ethics shall select fram amang its members a Chairpersan and Vice-Chairperson. (k) ules of Pracedure: The Board af Ethics shall adopt rules of pracedure gaverning haw to canduct meetings and hearings. Such pracedural rules are subject ta confirmation or modification by the City Cauncil. (1) emoval: The City Council may, by a vote of two-thirds (2/3), remave a member of the Board of Ethics for cause. Justificatians warranting removal for cause shall include neglect of duty, incompetence, grass ignorance, inability or unfitness for duty, or disregard of the Code of Ordinances. Sec. 2-278. Advisory Opinions (a} equests. Any City Official may request an Advisary Opinion on a question af compliance with this Article. Requests shall be submitted in writing to the City Auditar, wha shall assign the request to a Panel ar Special Counsel. (b} Issuance. A Panel af the Board af Ethics shall issue Advisory Opinians upan request. Advisory Opinions shall be issued within thirty (30) days of receipt of the request. This time limitation is tolled and shall nat run until the Baard af Ethics is empaneled and its Rules of Procedure are confirmed by the City Council. (c) eliance. It shall be an affirmative defense to a Camplaint that the Accused relied upon an Advisory Opinion. In making a determinatian an the praper disposition of a Complaint, the Board of Ethics may dismiss the Complaint if the Board finds that: (1) the Accused reasonably relied in good faith upon an Advisory Opinion; (2} the request for an Advisary Opinion fairly and accurately disclased the relevant facts; and (3} less than five (5) years elapsed between the date the Advisory Opinion was issued and the date of the conduct in question. Sec.2-279. Co plaints (a) Co plainants. Any person who has first-hand knawledge that there has been a violation of Sections 2-272 and 2-273 of this Article may allege such vialatians by submitting a Complaint. The persons who may submit Complaints includes (but is not limited to) members af the Baard of Ethics. (b) For . Complaints shall be written on, or accompanied by, a completed form pramulgated by the City Auditor. (c) Cantents. A Complaint filed under this section must be in writing, under oath, must set farth in simple, concise, direct statements, and state: (1) the name of the Complainant; (2} the street or mailing address, email address, and the telephone number af the Complainant; (3) the name of each person Accused of violating this Article; (4) the positian or title of each person Accused of violating this Article; (5) the nature of the alleged violatian, including (whenever passible} the specific pravision of this Article alleged to have been violated; (6) a statement of the facts canstituting the alleged violation and the dates on which, or period af time in which, the alleged violation occurred; and (7) all documents or aiher material available ta the Complainant that are relevant to the allegation. (d) Violation Alleged. The Complaint must state on its face an allegation that, if true, constitutes a violation of this Article. (e) Affidavit. A Complaint must be accompanied by an affidavit stating that the Complaint is true and correct or that the Complainant has good reason to believe and does believe that the facts alleged constitute a vialation of this Article. The Complainant shall swear to the facts by oath before a Notary Public or other person authorized by law to administer oaths under penalty of perjury. (� Limitatians Period. To be accepted, a Complaint must be brought within six (6) manths of the Complainant becoming aware of the act or omission that canstitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. Notwithstanding the foregoing, nothing in this subsection shall be construed to extend the one (1) year limitation af activity applicable to Former City Officials. The time for filing a Complaint regarding an alleged violation of this Article where the alleged violation occurred after the Effective Date but before the Board of Ethics is empaneled shall be tolled and not begin to run until such time as the Board of Ethics is empaneled and its Rules of Procedure are confirmed by the City Council. (g) Filing. Complaints shall be submitted to the City Auditor. Submission of Complaints may be made by hand delivery, U.S. Mail, ar email directed ta an email address publicly listed by the City Auditor. (h) Acceptance of Complarnt. Within five (5) business days af receiving a Complaint, the City Auditor shall determine if it is administratively camplete and timely. (1) Administratively Complete. A Complaint is administratively complete if it contains the infarmation described above. If the Complaint is administratively complete, the City Auditor shall proceed as described in this Article. If the Complaint is incomplete, the City Auditor shall send a written deiiciency notice to the Complainant identifying the required information that was nat submitted. The Complainant shall have ten (10) business days after the date the City Auditor sends a deficiency notice to the Complainant to provide the required information ta the City Auditor, ar the Complaint is automatically deemed abandaned and may not be processed in accordance with this Article. Within iive (5) business days of a Complaint being abandoned, the City Auditor shall send written notification to the Complainant and the Accused. (2) Timely. To be timely, a Complaint must be brought within six (6) months of the Complainant becoming aware of the act or omission that canstitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. (i) Notification of Acceptance. Within iive (5) business days of determining that a Complaint is administratively complete and timely, the City Auditor shall send a written notification of acceptance to the Complainant, the Accused, and the City Attorney. For purposes of this provision, a Complaint shall be considered Accepted when the City Auditor has deemed the submittal administratively complete and timely. (j) Canfidentialrty. A Complaint that has been submitted to the City is hereby deemed canfidential until such time as the Complaint is either dismissed ar placed on an agenda far cansideratian by the Baard of Ethics in accardance with this Article. Clerical and administrative steps shall be taken to identify and manage canfidential information in accordance with this Article. The confidentiality created by this Article includes the fact that a Camplaint was submitted and the contents of that Complaint. It shall be a violatian of this Article far a City Official to publicly disclose infarmatian relating ta the filing ar pracessing of a Complaint, except as required for the performance of official duties ar as required by law. Requests for recards pertaining ta Complaints shall be responded to in campliance with the State law. The limited canfidentiality created by this Article is limited in scope and application by the mandates of the Texas Public Infarmation Act, Chapter 552 of the Texas Government Cade. (k) Ex Parte Communicatians. After a Complaint has been filed and during the pendency of a Complaint before the Board of Ethics, it shall be a violation of this Article: (1) far the Complainant, the Accused, ar any person acting on their behalf, to engage or attempt to engage directly ar indirectly about the subject matter ar merits of a Complaint in ex parte communication with a member of the Board af Ethics or any known witness ta the Complaint; or (2) far a Member of the Board of Ethics, ta knawingly allaw an ex parte communication about the subject matter or merits af a Complaint, ar ta communicate about any issue of fact or law relating to the Camplaint directly or indirectly with any person ather than a Member af the Board of Ethics, the City Auditar's affice, the City Attorney's ofiice, or Special Caunsel. :I ' • (a) Referral to Chairpersan. Accepted Complaint(s} shall be referred to the Chairperson af the Baard af Ethics within five (5) business days af being determined administratively complete. (b) Assignment of Panel. Within five (5} business days of receiving an Accepted Complaint, the Chairperson of the Board af Ethics sha11 assign the Complaint ta a Panel far Preliminary Assessment. The Chairperson shall order a meeting af the Panel, which shall be conducted in campliance with the Texas Open Meetings Act. Each Panel shall select a Presiding Officer to conduct Panel deliberations. (c} Panel Determination. Within ten (10} business days af being assigned an Accepted Complaint, the Panel shall review the Complaint on its face and determine whether the Complaint is: (1) Actionable: the allegations and evidence contained in the Camplaint, if true, would constitute a violatian of this Article. (2) Baseless: the allegations and evidence contained in the Complaint, if true, wauld not constitute a violatian af this Article. Actianable Complaints shall be returned ta the Chairperson far listing on an agenda for a public hearing. Baseless Camplaints shall be dismissed. Written notification of the Panel's determinatian shall be filed with the City Auditor and sent ta the Chairpersan, Complainant, the Accused, and the City Attarney within twa (2) business days. Written notifications of dismissal shall include natice of the right to appeal. (d) Appeals. A Panel's preliminary assessment under this Section 2-280 may be appealed ta the Board af Ethics by either the Camplainant or the Accused, as applicable. An appeal shall be perfected by filing a written notice af appeal with the City Auditar within ten (10) business days of the date of the written notiiicatian. Sec.2-281. Meetings (a) Calling eetings. Meetings af the Board af Ethics shall be called upon request of the Chairperson, three (3) members, or the City Auditor. (b) uorum. The quorum necessary to canduct meetings of the Board of Ethics shall be four (4}. The Chairpersan (or acting chairpersan) shall count toward the establishment af a quarum and retains the right ta vote, (c) Hearings: (1) Scheduling: Hearings shall be scheduled by the City Auditar upon the filing of: (A) a Panel determination that a Complaint is Actionable; or (B) an Appeal challenging a Panel's dismissal of a Complaint as Baseless. (2) Pu�°pose: The purpose of the hearing(s) shall be salely ta determine whether: (A) a violatian of this Article occurred, and if so ta assess the appropriate sanction; (B) an Accepted Camplaint was erroneously dismissed as Baseless by a Panel; and/ ar (C) an Accepted Complaint is Frivolous. (3) Sworn Testimony: All witness testimany provided to the Board of Ethics shall be under oath. (4) Burden af Proof.• Because the burden af shawing that a violatian af this Article occurred is placed on the Complainant, it is the Camplainant that has the obligation to put farth evidence, including testimany, supparting the Complaint. The Camplainant is required ta testify at the hearing. A Complainant's failure to testify at a hearing shall be grounds for dismissal of a Camplaint. (5) Representation: The Accused shall have a right to present a defense. Both the Complainant and the Accuser have a right to be represented by legal counsel. (d) Open eetings. All meetings and hearings of the Board of Ethics, including Panel deliberations, shall be conducted pursuant to the Texas Open Meetings Act. The Board of Ethics may convene in Executive Session (i.e., canduct a closed meeting) as allowed by the Act. All final actions of the Board of Ethics shall take place in open session. (e) Postponement in Certain Instances. (1) Board: Proceedings may be pastpaned upan majority vote by the members of the Board of Ethics. (2) Parties: The Complainant and the Accused are each entitled to ane (1) posiponement withaut cause. Additional postponements shall be solely far good cause and at the discretion of the Board of Ethics. (3) Criminal Praceedings: If a Complaint alleges facts that are involved in a criminal investigation or a criminal proceeding before a grand jury or the caurts, the Board of Ethics may, when a majarity of its members deem appropriate, postpone any hearing ar any appeal concerning the Complaint until after the criminal investigatian ar criminal proceedings are terminated. �.`�"�►•b.�.�►#1 � ��i'Ti"�f�fTi1 (a) Dismissal. If the Baard of Ethics determines at the conclusion of a hearing by simple majority vote of its members that a Complaint should be dismissed, it may do so upan finding: (1) the Camplaint is Baseless; (2) the alleged violatian did not occur; (3) the Accused reasonably relied in gaod faith upan an Advisory Opinion, as provided in this Article; ar (4) the Complainant failed to testify at the hearing. (b) Sanctions. If the Board of Ethics determines by simple majority vote of those present and voting at the conclusion af a hearing that a vialation has accurred, it may within ten (10) business days impase or recammend any of the following sanctions: (1) Letter of Notification. If the violatian is clearly unintentianal, or when the Accuser's action was made in reliance on a written Advisary opinion, a letter of natificatian shall advise the Accused of any steps to be taken to avoid future violatians. (2) Letter af Admonition. If the Board af Ethics finds that the vialation is minor and may have been unintentional, but calls far a more substantial response than a letter af notification. (3) Letter of Reprimand. If the Board of Ethics finds that the violation: (A) was minor and was committed knawingly, intentianally, ar in disregard of this Article; ar (B} was serious and may have been unintentional. (4) Recommendation of Suspension. If the Baard of Ethics finds that a violatian was committed by a member of the Planning & Zaning Commission, Zoning Board of Adjustment, Baard of Ethics, Public Utilities Board, Historic Landmark Cammission, or a Department Head, and it: (A} was serious and was committed knowingly, intentionally, or in disregard of this Article or a state conflict of interest law; or (B} was minor but similar io a previous violation by the Person, and was committed knowingly, intentianally or in disregard of this Article. The final authority to impase a suspension rests with the City Council. (5) Ineligibility. If the Board af Ethics finds that a Vendor has violated this Article, the Baard may recammend to the City Manager that the Vendor be deemed ineligible ta enter into a City cantract or ather arrangement far goads, services, or real praperty, for a period of one (1} year. Natice of all sanctians imposed by the Board of Ethics shall be transmitted to the Accused, Complainant, City Auditor, City Attarney, and City Cauncil. (c) Frfvolous. (1) Prohibition. It is a vialation of this Article for a Persan to submit a Frivalous Complaint. (2) Super-Majarity Vate. If the Board of Ethics determines at the canclusian af a hearing by a vote af two-thirds (2/3) of its Members that a Camplaint was Frivalous, the Board may impose a sanction as provided by Section 2-282(b), (3) Factors. In making a determinatian on frivality, the Board af Ethics shall cansider the following factors: (A) the timing af the swarn Camplaint with respect to when the facts supporting the alleged violatian became knawn or should have became knawn ta the Camplainant, and with respect to the date of any pending election in which the Accused is a Candidate or is involved with a candidacy, if any; (B) the nature and type of any publicity surrounding the filing of the swarn Complaini, and the degree of participation by the Complainant in publicizing the fact that a Complaint was filed; (C) the existence and nature of any relationship between the Accused and the Complainant befare the Camplaint was filed; (D) if the Accused is a Candidate for Election to Office, the existence and nature of any relationship between the Complainant and any Candidate or group opposing the Accused; (E) any evidence that the Complainant knew or reasonably should have knawn that the allegations in the Complaint were groundless; and (F) any evidence of the Camplainant's motives in filing the Complaint. (4) External Remedies. Complainants who submit Frivolous Complaints are hereby notified that their actions may subject them to criminal prasecutian for perjury (criminal prosecution), or civil liability for the torts af defamatian or abuse of process. : ' • � � • � The Complainant or Accused may request the Board of Ethics to reconsider its decisian. The request must be filed with the City Auditor within five (5) business days of receiving the final opinion of the Board of Ethics. The request for reconsideratian shall be sent to the Chairperson of the Board of Ethics and the non-filing party (Complainant or Accused). Tf the Chairpersan finds, in the Chairperson's sale discretion, that the request includes new evidence that was not submitted at a prior hearing, and that the new evidence bears directly on the Board of Ethic's previous determination, the Chairperson shall schedule a hearing an the request for reconsideration to occur within thirty (30) business days after filing with the City Auditor. Absent new evidence, the Chairperson shall unilaterally dismiss the request for reconsideration and provide notice to the Parties. f: •�"��►�b•�:��►` • �[�"'Li��'ii1 (a) City Council. No Person shall be employed by the City who is related to any member of the City Council within the third (3`d) degree of affinity or cansanguinity. (b) Department Supervisor. No Person shall be employed by the City in a department ifthe Person is related to the City Manager or the department supervisor within the third (3rdl J degree of affinity or consanguinity. (c) Preexisting Employment. The prohibitions of this Section da not apply to a Person who was employed by the City more than six (6) manths prior. �Y�'�►•b�.3.� � ,. , . , � � . , ►� (a) Deadlines. Any deadline provided in this Article shall be construed as expiring at 5:00 p.m. local time on the last day. (b) Mailbox Rule. Under this Article, a deadline for any response or request for appeal is met when the date the response or request far appeal is mailed falls within the timeline requirements of this Article. The posted date of any mailing will cantrol whether it meets the timeline requirements of this Article. 1�' i 1+� q 1 1 �� '