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20-973ORDINANCE NO. 20-973 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS 1-10ME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO EXECUTE AN ENGAGEMENT LETTER WITH LLOYD GOSSELINK ROCHELLE & TOWNSEND, P.C., FOR PROFESSIONAL LEGAL SERVICES RELATING TO THE CITY’S COMPLIANCE WITH PUBLIC UTILITY COMMISSION OF TEXAS ELECTRIC TRANSMISSION SERVICE RULES, RULEMAKING, AND PROCEEDINGS, AND, AS NEEDED, ELECTRIC UTILITY MATTERS GENERALLY; PROVIDING FOR TI-IE EXPENDITURE OF FUNDS IN A NOT TO EXCEED AMOUNT OF $100,000.00; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary, appropriate, and in the public interest to engage of Lloyd, Gosselink, Rochelle & Townsend, P.C., Austin, Texas to provide professional legal services relating to the City’s compliance with Public Utility of Commission of Texas electric transmission service rules, rulemaking, and proceeding, and, as needed, electric utility matters generally (“Professional Legal Services“); and WHEREAS, Chapter 2254 of the Texas Government Code, known as the “Professional Services Procurement Act,“ generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and the City Council finds and concludes that the law firm of Lloyd, Gosselink, Rochelle & Townsend, P.C., Austin, Texas (the “Firm”) is appropriately qualified under the provisions of the law to be retained as outside legal counsel for the City for the Professional Legal Services; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the Professional Legal Services and finds and concludes that is in the best interest of the City’s ratepayers to retain Lloyd Gosselink Rochelle & Townsend, P.C. for the Professional Legal Services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals contained in the preamble of this Ordinance are true and correct and are incoQorated herewith as part of this ordinance. SECTION 2. The City Attorney, or his designee, is authorized to Engagement Letter dated May 14, 2020 (attached as Exhibit “A”) with the law firm of Lloyd, Gosselink, Rochelle & Townsend, P.C., Austin, Texas for professional legal services relating to the City’s compliance with Public Utility of Commission of Texas electric transmission service rules, rulemaking, and proceeding, and, if needed, electric utility matters generally (“Professional Legal Services“). SE(,"TION 3. The award of this Engagement Letter is based on the demonstrated competence and qualifications of Lloyd, Gosselink, Rochelle & Townsend, P.C. (the “Firm“) and the ability of the Firm to perform the Professional Legal Services needed by the City for a fair and reasonable price. SECTION 4. The expenditure of funds as provided in the attached Engagement Letter is authorized, and the previous expenditures regarding Professional Legal Services are confirmed, ratified, and approved. SECTION 5. The City Manager is authorized to expend funds as required by the attached Engagement Letter. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. prove this ordinance was made baThe motion to aphAV a Aye Nay Abstain Absent Gerard Hudspeth, District 1 : / Keely G. Briggs, District 2: / Jesse Davis. District 3 : / John Ryan, District 4: / Deb Armintor, At Large Place 5 : / Paul Melt,er, At Large Place 6: / , the ordinance was passed an Chris Watts, Mayor: / /Ad MhrZ£eand secondedpproved by the f611owing vote [ A - PASSED AND APPROVED this the @hlay of .2020 CHRIS WATN ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: qB= AARON LEAL, CITY ATTORNEY c/IIB‘ BY 111\In (; EXHIBIT “A“ 816 Congress Avemc, Suite Ina Augerb Tuas 78701 512322.5800 P 5r2.472.0532 f Wav osselink RN BY S AT LAW Mr. Townend’s Direct Line: (5 12) 322-5830 Email: ltownsand@!gl8w6rm.corn May 14, 2020 YU ELECTRONIC TkANSMISSrON Mr. Larry Collister First Assistant City Attorney City of Denton 215 E. McKinney St. Denton, TX 76201 Re:City of Denton / Utility Matters 2020; Billing File Number: 1060-58 Dear Mr. Collister: We want to express our appreciation for the opportunity you have given our firm to work with you. The purpose of this letter is to set forth our understanding of the legal services to be performed by us for this engagement and the basis upon which we wil] be paid for those services. This letter confirms that Lloyd Gosselink Rochelle & Townsend, P.C. (“Lloyd Gosselink”) will mpmsent the City of Denton with respect to the City’s compliance with Public Utility Commission ofTocas electric transrnission service rules, as well as any rulemaking, proceeding, or any project relating to electric generation, transmission, or distribution service or to legal matters affecting the City’s electric utility generally (the “Matter”). Our acceptance of this representation (the “Representation”) becomes eaective upon our receipt of an executed copy of this agreement. Engagement Period The Representation shall commence on the date this agreement is signed by Lloyd Gosselink and shall terminate twelve months from the same unless terminated earlier. Compensation The total liability for legal services and expenses under this agreement shall not exceed $100,000.00 for the duration of the same. Any increase to this fee cap during the Engagement Period and any subsequent renewals must be in writing. The parties acknowledge and agree that nothing in this agreement will be interpreted to create an obligation or liability in excess of this fee cap. Lloyd Gosselink is not required to perform services that cannot be compensated due to the limitations of the fee cap. Lloyd Gossehnk Rochelle & Townsena P.C. City of Denton May 14, 2020 Page 2 Lloyd GosseUnk as Outside Counsel to the City Attorney’s Office of the City of Denton Lloyd Gosselink understands and acknowledges that it is outside counsel to, and an extension of, the City Attorney’s Office of the City of Denton and is bound by the City’s Ethics Ordinance (Ordinance No. 18-757; Ordinance No. 18-1043) which is attached. Terms of Engagement This letter sets out the terms of our engagement in the Representation. Certain of those Buns are included in the body of this letter, and additional terms are contained in the attached documenl entlt\ed Additional Terms o/Engagemem, dated October 2, 2018. That document is expressly inoorporated into this letter, and it should be read carefully. The execution and return of the enclosed copy of this letter constitutes an agreement to all the terms set forth in this letter and in the attached Additional Terms o/Engagement. It is understood and agreed that our engagement is limited to the Representation, and our acceptance of this engagement does not imply any undertaking to provide legal services other than those set forth in this letter. Personnel Who Will Be Working on the Matter I will be the attorney in charge of the Representation, and I will be working on the Matter. You may call, write, or e-mail me whenever you have any questions about the Representation. Other firm personnel, including firm lawyers and paralegals, will participate in the Representation if, in our judgment, their participation is necessary or appropriate. Legal Fea and Other Charges Our fees in the Matter will be based on the time spent by firm personnel, primarily firm lawyers or paralegals, who participate in the Representation. We will charge for an time spent by such personnel in the Representation in increments of tenths of an hour. We charge for time spent in activities including but not limited to the following: telephone and office conferences with clients, representatives of clients, opposing counsel, and others; conferences among our attorneys and paralegals; factual investigation, if needed; legal research; file management; responding to requests from you that we provide information to you or your auditors; drafting letters and other documents; and travel, if needed. Legal fees and costs are difficult to estimate. Accordingly, we have made no cornmitment concerning the fees and charges that will be necessary to resolve or complete the Representation, although we will make every effort to manage fees and costs by working emciently and cost-effectively. My time is billed at the rate of $170.00 per hour. Other attorneys who may assist in the Representation are: William “Cody” Faulk ($300.00), Georgia Crump ($zHO.00), Jamie Mauldin ($300.00), Patrick Dinah ($265.00), and Reid Barnes ($250.00). Other lawyers, paralegals and other personnel may be assigned as necessary to achieve proper staNing. We utilize briefing clerks, paralegals, file clerks and other support personnel to perform those tasks not requiring the time of any attorney. Their time is billed at an amount determined by the experience of the individual. The foregoing rates may be adjusted annually and, if so, will be noted on your bill. We will submit all out-of-pocket expenses incurred for reimbursement. Usually we ask the client to pay directly all Bling fees, charges for consultants, etc. due to the size of such fees. We City of Denton May 14, 2020 Page 3 endeavor to have a statement ofservioes rendered and expenses incurred by the 15th of the following month. Full payment is due on receipt of the statement. Conflicts oflnterat Before accepting the Representation, we have undertaken reasonable and customary efforts to determine whether there are any potential conflicts of interest that would bar our firm from representing you in the Matter. Based on the information available to us, we are not aware of any potential disqualification. We reviewed that issue in accordance with the rules of professional responsibility adopted in Texas. Document Retention We may choose to keep records pertaining to this Matter in partially or exclusively electronic format, and we will bear ordinary costs relating to the treatment and storage of such records as part of the oost of providing legal services to you. Upon completion of our work on this Matter, your file, in the form in which it was maintained, will be made available for transfer to you at our office. As a general rule, we keep client ales for five years. If your file has not previously been returned to you before the end of the retention period, our document retention policy directs us to offer the file to you at that time. Original documents (e.g., permits, licenses, deeds, wills and the like), or material that has unique or significant value in the form we originally acquired it, will be returned to you in that original form. We may, however, require you to pay any delivery or shipping expenses associated with delivering your client file and other client property to you at a location other than our office. If you do not indicate a desire to have the file returned to you, the file (both electronic and written) will be destroyed. Conclusion This letter and the attached Additional Terms of Engagement constitute the entire terms of the engagement of Lloyd Gosselink Rochelle & Townsend, P.C. in the Representation. These written terms of engagement are not subject to any oral agreements or understandings, and they can be modified only by further written agreement signed both by you and Lloyd Gosselink Rochelle & Townsend, P.C. Unless expressly stated in these terms of engagement, no obligation or undertaking shall be implied on the part of either you or Lloyd Gosselink Rochelle & Townsend, P.C. Please carefully review this document, which includes this letter and the attached Additional Terms ay'Engagement . If there are any questions about these terms of engagement, or if these terms are inaccurate in any way, please let me know immediately. If acceptable, we would appreciate you signing and returning a scanned copy of the document. Yours truly, RLT:hkj AttachmerILs Lambeth T:wnsend City of Denton May 14, 2020 Page 4 S:\Legal\Our Documents\Ordinances\18\EthIcs Ordinance Amendment - 3D[ Eligibility.docx ORDINANCE NO. 1 8_ 1043 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE CODE OF ORDINANCES, RELATED TO CHAPTER 2, TITLED “ADMINISTRATION,” ARTICLE XI, TITLED “ETHICS,” SECTION 2-277(f), TITLED “iNELiGiBiLi’rY;” PROVIDING FOR FINDINGS OF FACT; PROVIDING SEVERABILITY; PROVIDING CODIFICATION; CONFIRMING PROPER NOTICE AND MEETING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 1, 2018, the City Council of the City of Denton enacted a new Code of Ethics to foster a culture of integrity for those who serve the municipality and our citizenry; and WHEREAS, the Code presented the consensus of preferences expressed by the City Council over a period of eight (8) public work sessions, and four (4) public hearings, which were broadcasted. Altogether, the work sessions exceeded twenty (20) hours of deliberations; and WHEREAS, this Code of Ethics applies to the Mayor, City Council, Planning and Zoning, Zoning Board of Adjustment, Historic Landmark Commission, Board of Ethics, Public Utilities Board, Department Heads appointed by the City Council, and Vendors; and WHEREAS, the City Council finds the attached amendment reasonable, necessary, and consistent with the intent of the City Council in drafting the Code of Ethics; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. FINDINGS OF FACT. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. SECTION 2. AMENDMENT. That the Code of Ordinances, Denton, Texas, is hereby amended by revising Chapter 2, Article XI, Section 2-277(f), which section shall read as provided in Attachment A, attached hereto and incorporated into this Ordinance, with the retained portion shown in normal type and the new text shown as underlined, All other provisions of the Code of Ethics remain in full force and effect. $ECVFIQ IV 3. SEVERABILITY. Should any of the clauses, sentences, paragraphs, sections, or parts of this Ordinance be deemed invalid, unconstitutional, or uncnforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. ,SECTION 4. CODIFICATION. The City Secretary is hereby directed to record and publish the attached rule, regulation, and policy in the City’s Code of Ordinances as authorized by Section 52.001 of the Texas Local Government Code. $,E€TION 5. EFFECTIVE DATE. This ordinance shall become effective immediately upon its passdge and approval. SECTION 6. PROPER NOTICE & MEETING. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. 'tIle lllt,itioll to approve tl'lis Olttillaltcc \vas Ina(ie by __'_'by). g/7_ [__!.-,'_d/L .__________... _ and 'eco'd''I !'y ... __.$ {f _.,n': ci_._It.Ict /_.SF. At .h........ .............. ., th' odi'"'"'' ~v” 11''kc'd ""d 'p]”'>v'd bythe following vote [E -n : ’ Aye Nay Abstain Absent Chris Watts, Mayor:L._. P/Gerard Hudspeth, District 1 : Keely G. Briggs, District 2:1 r/ 4 Don Duff, District 3 :,/ b/ L/ ,/ John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the /& d day of , 2018 /b J; H : H HrI: :THIa• t :1{: : :1 : r:} II I :H H H ArrEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON I ,l-':AJ ,. ('ITV B Y : : :;i ::i : : •HiT;+ T : H : : :/H/H)}: ({ ATTORNEY At tctchmerLt CITY OF DEN’rON CODE OF ORDINANCES CHAPTER 2: ADMINiS’rRA’riON ARTICLE XI. ETHICS DIVISION 3. Sec. 2-277. (f) Ethics : IMPLEMENTATION Board of Ethics Ineligibility. The following shall disqualify a person from serving on the Board of (1) current service as a City Official; (2) separation from city service as a City Officia! within two (2) years of the appoIntment ; (3) farnilia! relations Lo__ 4_ej]y_DItjxi IIl within the third (3Fd) degree of affinity (marriage) or consanguinity (blood or adoption); (4) current service as an elected offIcial in Denton County; and / or (5) conviction of a felony or crime of moral turpitude. FILE REFERENCE FORM 18-757 X Additional File Exists Additional File Contains Records Not Public, According to thc Public Records Act Other FILE(S) Amended by Ordinance No. 18–1043 Date 6/26/'18 Initials JR S:\Legal\Our Docurrlents\Ordinances\18\Ordinance-Ethics Draft Ft 05-01-18 Clean.docx ORDINANCE NO. 18-757 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE CODE OF ORDINANCES, RELATED TO CHAPTER 2, TITLED “ADMiNis-l'RA’rlON“ ARTIC'LE Xl, TITLED “ETHICS“; PROVIDING FOR FINDINGS OF FACT; PROVIDING A REPEALER; PROVIDING SEVERABILITY; PROVIDING CODIFICATION; CONFIRMING PROPER NOTICE AND MEE'rING; AND PROVIDING FOR AN EFFECTIVE DATE 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 our citizenry; and WHEREAS, the City Council strives to increase public confidence in our municipal government; and WHEREAS, the City Council finds that it is the policy 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; and WHEREAS, 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 WHEREAS, the City Council wants to enhance public confidence in our municipal government by providing that 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; and WHEREAS, 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 framework within which to encourage ethical behavior and enforce basic standards of conduct while providing due process that protects the rights of the complainant and the accused, and not to provide a mechanism to defame, harass or abuse political opponents, or publicize personal grudges; and WHEREAS, on November 7, 2017, Denton voters approved a proposition amending the City Charter so as to require the adoption of an ordinance regulating ethics; and WHEREAS, the voter approved language to appear in the City Charter, as included in Ordinance No. 2017-237 adopted on August 15, 2017, is as follows: Ethics Ordinance Requirement, The City Council shall adopt an ethics ordinance. The ethics ordinance shall prohibit the use of public office for private gain and shall incorporate the connic.t of interest standards that appear in chapter 171 of the Texas Local Goverrunent 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 ordinance shall at a minimum include the following components: (1) (2) (3) (4) Definition of a prohibited improper economic interest and personal gaIn; Definition of recusal and improper participation when a potential conflict of interest is present; Avoidance of appearance of conflict of interest; and Administration and enforcement of ethics ordinance, including the power to subpoena witnesses and documents, coupled with strong and meaningful remedies for infraction; and WHEREAS, prior to commencing the drafting process, the City Council completed two (2) hours of formal training on state ethics laws and common components of municipal ethics policies in Texas; and WHEREAS, the contents of this draft was selected from d 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 of eight (8) public work sessions, and four (4) public hearings, which were broadcasted. Altogether, the work sessions exceeded twenty (20) hours of deliberations; and WHEREAS, this Code of Ethics shall apply to the Mayor, City Council, Planning and Zoning, Zoning Board of Adjustrnent, Historic Landmark Commission, Board of Ethics, Public Utilities Bowel, DepaHrnent Heads appointed by the City Council, and Vendors; and WHEREAS, the City Council finds the attached amendments reasonable and necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTOIN HEREBy ORDAIbiS : §ECTION I. FINDINGS OF FACT. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. SECTION 2. AMENDMENT. That the Code of Ordinances, Denton, Texas, is hereby amended by adding an drticle to be nurnbered Chapter 2 – Article XI, which said article reads as provided in Attachment A, attached hereto and incorporated into this Ordinance for all intents and purposes SECTION 3. REPEALER. To the extent reasonably possible, Ordinances are to be read together in harmony. However, all Ordinances, or parts thereof, that are in conflict or 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 controlling as to the matters regulated, herein SECTI{)N 4. SEVERABILITY. Should any of the clauses, sentences, paragraphs, sections, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid porlion of this Ordinance. SECTIQ$ §. CODIFICATION. The City Secretary is hereby directed to record and publish the attached rules, regulations, and policies in the City’s Code of Ordinances as authorized by Section 52.001 of the Texas Local Government Code. SECTION 6. EFFECTIVE DATE. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of 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 addition, per Section 2- 279(f) of the Ethics Ordinance, the time for filing a Complaint regarding an alleged violation of the Ethics Ordinance where the alleged violation occurs after the Effective Date but before the Board of Ethics is empaneled shall be tolled and not bcgin to run until such time as the Board of Ethics is empaneled and its Rules of Procedure are confirmed by the City Council. ,SECTION 7. PROPER NOTICE & MEE’I'ING. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. The motion to ippr ctye ltlis ordinance was made by .$AgrI _ .Ad_Gf{ILl_ _ and seconded by . ... _FE:t..L:''l.. .b{$g. : G a_S_____. _, the orca;h \&as passed and approved by the fbllowing vote U - a Mayor Chris Watts:a IIe /f Gerard Hudspeth, District 1 :$n t == T /x V–---"'-'--------'----------'--'--------'--'---- Keely G. Briggs, District 2:. @ge_.___..._.__.. Don Duff. District 3 : John Ryan, District 4:&{,4e Dalton Gregory, At Lmgc Place 5 {}'q.t.. Sara Bagheri, At Large Place 6: PASSED AND APPROVED this a day of /TLR,{,4 _ _ . 2018 _ _(:I,,{,,.+\ II_,;*.{,.i„.-.._CHRIS \\' Al"r's. MAYall ATTEST: JENNIFER WALTERS, CITY SECRETARY / ,“'\ i \ \A rI „+"f.J ,\I’IIICd'>VED Ng TO LEGAL FORM,ITiI::iII A Al\aN LEAL, CITY ATTORNEY ('T::__ ::::f;l:f=Bq Attachment CITY OF DENTON CODE OF ORDINANCES CHAPTER 2: ADMINISTRATION ARTICLE XI. ETHICS DIVISION I. GENERAL 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 to foster an environment of integrity for those that serve the City of Denton and our citizenry. The City Council enacted this Article in order to increase public confidence in our municipal government, it is the policy 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 responsibility to the citizens to adrninister and enforce the City Charter and City Ordinances in an ethical manner. To ensure and enhance public confidence in our municipal government, each City Ofacial 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 provide responsible stewardship of City resources and assets. It is not the purpose of this Article to provide a mechanism to defame, harass or abuse their political opponents, or publicize personal grudges. Rather, this Article is intended to provide a framework within which to encourage ethical behavior, and enforce basic standards of conduct while providing due process that protects the rights of the Complainant and the Accused. Sec. 2-267. Prospective Fhis ArLicle shall apply prospectively, and shall not sustain any Complaints based on acts or omissions alleged to have taken place prior to May 15, 2018. Sec. 2-268. Applicability This Article applies to the following persons : (a) (b) City Officials; Former City Officials whose separation from city service occurred less than one (1) year from the date of the alleged violation of this Article. Application of this Article to Former City Officials shall be limited to alleged violations: ( 1) that occurred during the term as a City Official; (2) of the prohibition on representing others for compensation (§2-273(d)(2)); or (3) of the prohibition of subsequent work on prior projects (§2-273(h)); (C) (d) Vendors; and Complainant(s), who must comply with this Article’s procedures and the prohibition on Frivolous Complaints, Sec. 2-269. Definitions 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 Complaint : a sworn allegation of a violation of this Article after the required documentation has been sublnitted to the City Auditor and determined to be administratively complete , ,'lccused'.a City Official who has been charged in a Complaint with having violated this Article. Actionable Complaint : an Accepted Complaint that has been deemed by a Panel to contain allegations and evidence that, if accepted as true, would support a finding that a violation of this Article occurred. Advisory Opinions : written rulings regarding the application of this Article to a particular situation or behavior. Article:this Chapter 2, Article XI of the Code of Ordinances for the City of Denton. Baseless Complaint : a Complaint that does not allege conduct that would constitute a violation of this ArLiclo, or that does not provide evidence that, if true, would support a violation of this Article Board of Ethics the oversight entity established by the Council to administer this Article. Business Entity : a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, political subdivision, government agency, university, or any other entity recognized by law. Candidate : a person who has filed an application for a place on a ballot seeking public office, or one who has publicly announced the intention to do so. ChaI'ged: to be charged with a violation of this Article is to have an Accepted Complaint deemed Actionable. City .the City of Denton in the County of Denton and State of Texas. City Auditor : the person appointed to serve in the capacity provided for by Section 6.04 of the City Charter, or their designee and clerical staff acting in the City Auditor’s absence. City OffLcial : for purposes of this Article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning and Zoning Commission Members, Board of Adjustrnent, Historic Landmark Corrlmission, or Put)lie Utilities Board. Code : the Code of Ordinances of the City of Denton, Texas, as such Code may be amended from tune to tIme. Conrplainant : the human individual who submitted a Complaint to the City Complaint : written documentation subrnitted to the City accusing a City Oftlcial of violating this Article ConfIdential Information: any written information that could or must be excepted from disclosure pursuant to the Texas Public Information 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 disclosure has been authorized by the City Council or City Manager. Council : the governing body of the City of Denton, Texas, including the Mayor and City Council IVlembers, Deliberations : discussions at the dais; voting as a Member of the Board or Commission; or presentations as a member of the audience before any City Board or Commission; conversing or corresponding 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, those being the City Manager, City Auditor, City Attorney, and Municipal Court 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 of this Article. Frivolous Complaint : a sworn Complaint that is groundless and brought in bad faith, or groundless and brought for the purpose of harassment. Interfere : a person interferes with a process or activity pertaining to this Article when they intentionally and wrongfully take pan in, or prevent, a City process or activity from continuing or being carried out properly or lawfully. Panel : an ad hoc subcommittee of the Board of Ethics consisting of three (3) members assigned by the Chairperson or designated by the City Auditor (as applicable) on a rotating basis, at least one ( 1) of which is an attorney or retired jurist. PendIng Matter : an application seeking approval 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 provision of goods, services, real properly, or other things of value; a case involving the City that is (or is anticipated to be) before a civil, criminal, or administrative tribunal. Person,' associations, corporations, arms, 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 surrounding their conduct. The risk must be of such a nature and degree that to disregard it constitutes a gross deviation from the standard of care that an ordinary person would exercise under the circumstances, Relative : a family membcr related to a City Official within the third (3Fd) degree of affinity (marriage) or consanguinity (blood or adoption). Shall : a mandatory obligation, not a permissive choice. Special Counsel : an independent, outside attorney engaged by the City to advise the City as an organization and/or the Board of Ethics. Vendor '. a person who provides or seeks to provide goods, services, and/or real properly to the City in exchange for compensation, This definition does not include those property owners from whom the City acquires public right-of-way or other real properly interests for public use. Sec. 2-270. Cumulative & Non-Exclusive 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 obligation imposed by any other Rule. Attempts to enforce this Article shall not be construed as foreclosing or precluding other enforcement options provided by other law. DIVISION 2. RULES OF CONDU(_'T Sec. 2-271 . Expectations fhe following list conveys the City Council’s expectations for City Officials. '['hese expectations are aspirational, and shall not serve as the basis for a Complaint. (a) (b) (C) City Officials are expected to conduct themselvcs in a manner that fosters public trust. City Officials are charged with performing their public duties in a way that projects a high level of personal integrity and upholds the integrity of the organization. City Officials must avoid behavior that calls their motives into question and erodes public confidence. (d)City Officials shall place the municipality’s interests and the concerns of those the City serves above private, personal interests. (e)Those who serve the City are expected to value honesty, trustworthiness, diligence, objectivity, fairness, due process, efficiency, and prudence as values the City professes. (f)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.Mandates (a)Duty to Report. City Officials shall report any conduct thdttheperson knows to be a violation of this Article. Failure to report a violation of this Article is a violation of this Article. For purposes of this section, submittal of a Complaint or a report made to the Fraud, Waste, or Abuse hotline shall be considered to be a report under this Section, A report to the hotline may remain anonymous unless disclosed by the caller. (b)Financial Disclosures. All Candidates for City Council, including Candidates for Mayor, shall file financial information reports as required by, and in accordance with, State law. All prospective Vendors and City Officials shall file disclosure forms as required by, and in accordance with, State law. (C)Business Disclosures. When a Pending Matter is before the City Ofacial, and the City Official has knowledge of 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 report listing the known names of human individuals with whom the City Official or the City Official ’s spouse is named partner in the following types of businesses: General Partnership, Limited Partnership, Limited Liability Partnership, or Limited Liability Corporation, or Professional Corporation. Annual reports shall be submitted within ninety (90) days of taking office. Failure to submit a report shall not serve as a basis for a Complaint unless the City Official fails to submit a report within thirty (30) days of being provided written notification 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 Dclibcrations on matters pending before the City absent a Conflicting Interest. Sec. 2-273. Prohibitions (a)Conflicts of Interest: (1)Deliberation Prohibited. It shall be a violation of this Code for a City Official to knowingly deliberate regarding a Pending Matter for which the City Official currently has a Conflicting Interest. City Officials with a current Conflicting Interest in a Pending Matter must re(,use themselves and abstain from Deliberations. It is an exception to this recusal requirement if the City Official serves on the City Council, Planning and Zoning Commission, Board of Ethics, Historic Landmark Commission, Public Utilities Board, or Board of Adjustment; and a majority of the members of that body is composed of persons 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 City Official shall disclose the nature of the Conflicting Interest by filing a sworn statement with the City Auditor. Disclosures under this subsection shall be for 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 . For purposes of this Article, the term is defined as follows: Conflicting Interest r a stake, share, equitable interest, or involvement in an undertaking in the form of any one (1) or more of the following: (A) ownership of five percent (5%) or more voting shares or stock in a Business Entity; (B) receipt of more than six-hundred dollars ($600.00) in gross annual income from a Business Entity, as evidenced by a W-2, 1099, K-1, or similar tax form; (C) ownership of more than six-hundred dollars ($600.00) of the fair market value of a Busincss Entity; (D) ownership of an interest in real property with a fair market value of more than six-hundred dollars ($600.00); (E) serves on the Board of Directors or as an Officer of 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., governing body) or as an Officel of a nonprofit corporation or an unincorporated association, unless the City Official was appointed to that position by the City Council A City Official is considered to have a Conflicting Interest if the City Official’s Relative has a Conflicting Interest The term Conflicting Interest does not include ownership of an interest in a mutual or common 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 violation of this Article for a City Official to accept any gift that might reasonably tend to influence such Officer in the discharge of official duties. (2)SpecifIC. It shall be a violation of this Article for a City Official to accept any gift for which the fair market value is greater than fifty dollars ($50.00). It shall be a violation of this Article for a City Official to accept multiple gifts for which the cumulative fair market value exceeds two hundred dollars ($200.00) in a single fiscal year. (3) (4) It shall be a violation of this Article for a Vendor to offer or give a Gift to a City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts cumulatively valued at more than two hundred dollars ($200,00) per a single fiscal year. DefInition of Gift . Anything of monetary value, including but not limited to cash, personal property, real property, services, meals, entertainment, and travel expenses. (5) Exceptions . This definition shall not apply to the fol]owing, which are allowed under this Article: (A) a lawful campaign contribution; (B) meals, lodging, transportation, entertainment, and related travel expenses paid for (or reimbursed by) the City in connection with the City Official’s attendance at a conference, seminar or similar event, or the coordinator of the event; (C) meals, lodging, transportation, or entertainment furnished in connection with public events, appearances, or ceremonies related to official City business, nonprofit 'functions, or charity functions, or community events, if furnished by the sponsor of such events (who is in attendance); (D) complimentary copies of trade publications and other related materials; (E) attendance at hospitality functions at local, regional, state, or national association meetings and/or conferences; (F) any gift that would have been offered or given to the City Official because of a personal, familial, professional relationship regardless of the City Official’s capacity with the City; (G) tee shirts, caps, and other similar promotional 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 to accept a Gift prohibited by this Article on behalf of the City of Denton. Conveyance of a Gift prohibited by this Article to the City of Denton or a nonprofit corporation cures any potential violation. (7) Reimbursement . It is not a violation under this Article for a City Official to accept a Gift prohibited by this Article and promptly reimburse the Person the actual cost or fair market value of the gift (C)Outside Employment. (1) Applicability of Section. This subsection applies to Department Heads. (2) Prohibition. It is a violation of this Article for a Department Head to solicit, accept, or engage in concurrent outside employment which could reasonably be expected to impair independence of judgment in, or faithful performance of, official duties. (3) Disclosure and Consent, it is a violation of this Article for a Department Head to accept employment from any Person other than the City without first disclosing the prospective employment arrangement in writing to the Mayor and receiving the Mayor’s written consent. (d)Representation of Others. (1)Current CiD OffIcials. It shall be a violation of this Article for a City Official to represent for compensation any person, group, or entity before a board Ol commission of the City. For purposes of this subsection, 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. (2)Former Ciry OffIcials. It shall be a violation of this Article for a City Official to represent for compensation any person, group, or entity before the City Council or a board, commission, or staff of the City for a period of one (1) year afte! termination of official duties. This prohibition applies to representation in the form of advocacy or lobbying regarding discretionary approvals of the City, not routine, ministcrial actions. For purposes of this subsection, 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. The prohibition in this subsection solely applies to the Former City Official, and shall not be construed to apply to other affiliated Persons, This subsection does not apply to Former City Officials who represent others for compensation in the course of applying for non-discretionary, ministerial permits and routine approvals. It shall be an exception to this Article when the Former City Official is employed by or owns a small business which existed before the Former City c)facial commenced service as a City Oftlcia! and is the sole source of specialized knowledge or expertise necessary within that small business, and that knowledge or expertise is necessary to transact business with the City. (C)Improper Influence. It shall be a violation of this Article for a City Official to use such person’s official title/position to: (1) (2) secure special privileges or benefits for such person or others; grant any special considcration, treatment, or advantage to any citizen, individual, business organization, or group beyond that which is normally available to every other citizen, individual, business organization, or group; (3) (4) dssert the prestige of the official's or employee's City position for the purpose of advancing or harming private interests; state or imply that the City c)facial is able to influence City action on any basis other than the merits; or (5) state or imply to state or local governmental agencies that the City OffIcial is acting as a representative of the City, as an organization, or as a representative of the City Council without first having been authorized by the City Council to make such representation (except the Mayor, City Manager, and City Attorney). (f)Misuse of Information. (1)Personal Gain. It shall be a violation of this Article for a former City Official to use any con£ldential information to which the City Official had access by virtue of their official capacity and which has not been made public concerning the property, operations, policies, or affairs of the City, to advance any personal Ol private financial interest of any Person (2)Con$dent taI Iny'ormation. It shall be a violation of this Article for a City Official to intentionally, knowingly, or recklessly disclose any confidential information gained by reason of the City Official's position concerning the property, operations, policies, or affairs of the City. This rule does not prohibit the reporting of illegal or unethical conduct to authorities designated by law. (g)Abuse of Resources. It shall be a violation of this Article for a City Official to use, request, or permit the use of City facilities, personnel, equipment, software, supplies, or staff time for private purposes (including political purposcs), except to the extent and according to the tcrms that those resources are generally available to other citizens and the City Officia}s for official City purposes. (h)Abuse of Position. It shall be a violation of this Article for any City Official to engage in the following: (1) (2) Harassment ce Discrimination. 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. Interference. Interfere with any criminal or administrative investigation alleging the violation of any provision of this Article, the City Challer, administrative policy, or executive order in any manner, including but not limited to seeking to persuade or coerce City employees or others to withhold their cooperation in such investigation is a violation of this Article. (1)Subsequent Work on Prior Projects. It shall be a violation of this Article for any former City Official, within one (1) year of the cessation of official duties for the City, to perform work on a compensated basis relating to a City contract or arrangement for the provision 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 negotiation, award Ol 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 Deliberations as a member of the City Council, Planning and Zoning Commission, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board. DIVISION 3, IMPLEMENTATION Sec. 2-274. Staffing (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 Auditor to enforce this Article. Furthermore, this Article shall not be construed as requiring the City Auditor to investigate allegations of violations of this Article submitted via the Fraud, Waste, or Abuse hotline. (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 reeord The City Auditor is neither authorized nor required to inspect or act upon the content of the Conflicts Log. (c) City Manager. If a Complaint accuses the City Auditor of violating this Article, the duties of the City Auditor under this Article shall be performed by the City Manager for purposes of processing that Complaint. Sec. 2-275. Legal Counsel (a) City Attorney. The City Attorney 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 to render legal guidance in accordance with the City Attorney’s professional obligations and standards. (b)Special Counsel. Independent, outside legal services shall be engaged by the City Attorney on the City’s behalf to provide legal support to the City Auditor and the Boardof Ethics when: (1)in the City Attorney’s discretion it is necessary in order to comply with the Texas Disciplinary Rules of Professional Conduct (for lawyers), or is in the best interest of the City; or (2) when the City Council deems Special Counsel is necessary. Sec. 2-276. Training (a) Curriculum. The City Auditor shall approve a training program that provides an introduction and overview of the expectation, mandates, and prohibitions provided for by this Article, (b) (C) (d) Orientation. City Officials shall complete a training session regarding this Article within ninety (90) days of commencing their official duties. Annual. City Officials shall complete an annual training session regarding this Ani(,Ie. Exiting Officials. Information shall be provided to City Officials terminating their City service regarding the continuing restrictions on the representation of others by certain former City Officials. Sec. 2-277. Board of Ethics (a) Creation. There is hereby created a Board of Ethics for the City of Denton. (b) Appointment. The Board of Ethics shall be appointed by majority vote of the City Council , (c) Number. The Board of Ethics shall consist of seven (7) regular members, and three (3) alternate mernbers, (d)Terms. Board of Ethics members (regular and alternates) shall be appointed for two (2) year, staggered terms. Members may be reappointed for successive terms. Appointment 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 initidi term of one (1) year in order to stagger terms. In total, members may only serve three (3) consecutive terlns. A member may be reappointed no sooner than one (1) year after expiration of a previous term (e)Eligibility. Membership on the Board of Ethics is limited to residents of the City of Denton. Preference in appointments shall be given to professionals such as attorneys, architects, engineers, doctors, teachers, pastors, mediators, retired jurists, licensed professional counselors, and those with licenses demonstrating high levels of education or master craftsmanship in the building trades. The Board shall be comprised of at least three (3) members who are attorneys or retired jurists. (D IneIigibility. The following shall disqualify a person from serving on the Board of Ethics: ( 1 ) current service as a City Official ; (2) (3) separation from city service as a City Official within two (2) years of the appoIntment ; familial relations within the third (3'd) degree of affinity (marriage) or consanguinity (blood or adoption) ; (4)current service as an elected official in Denton County; and / or (5)conviction of a felony or crime of moral turpitude. (g) (h) Alternates. Alternate members of the Board of Ethics shall attend meetings only upon request by the City Auditor’s Office. The role of an alternate is to participate in meetings of the Board of Ethics as a replacement for a regular member who is absent or abstaining. Scope of Authority. The Board of Ethic’s jurisdiction shall be limited to implementation and enforcement of this Article, and shall include the authority to administer oaths and affirmations, issue and enforce limited subpoenas to compel the attendance of witnesses and the production of testimony, evidence, and/or documents as is reasonably relevant to the Actionable Complaint, as provided by the City Charter. The issuance and enforcement of subpoenas shall be only upon a majority vote of the Board of Ethics, in accordance with the Rules of Procedure, and enforcement shall be through any of the Sanction options listed herein, (1) a) (k) (1) Amendments. The Board of Ethics may recommend amendments to this Article. A recommendation from the Board of Ethics is not required for the City Council to exercise its discretion in amending this Article. Officers. At the first meeting of each fiscal year the Board of Ethics shall select from among its members a Chairperson and Vice-Chairperson. Rules of Procedure: The Board of Ethics shall adopt rules of procedure governing how to conduct meetings and hearings. Such procedural rules are subject to confirrnation or modification by the City Council. Removal: The City Council may, by a vote of two-thirds (2/3), remove a member of the Board of Ethics for cause. Justifications warranting removal for cause shall include neglect of duty, incompetence, gross ignorance, inability or unfitness for duty, or disregard of the Code of Ordinances. Sec. 2-278. Advisory Opinions (a) (b) Requests. Any City Official may request an Advisory Opinion on a question of compliance with this Article. Requests shall be submitted in writing to the City Auditor, who shall assign the request to a Panel or Special Counsel Issuance. A Pant'1 of the Board of Ethics shall issue Advisory Opinions upon request. Advisory Opinions shall be issued within thirty (30) days of receipt of the request. This time limitation is tolled and shall not run until the Board of Ethics is empaneled and its Rules of Procedure are confirmed by the City Council. (C)Reliance. It shall be an affirmative defense to a Complaint that the Accused relied upon an Advisory Opinion. In making a deterrnination on the proper 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 Advisory Opinion fairly and accurately disclosed 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. Complaints (a) Complainants. Any person who has first-hand knowledge that there has been a violation of Sections 2-272 and 2-273 of this Article may allege such violations by submitting a Complaint. The persons who may submit Complaints includes (but is not limited to) merrlbers of the Board of Ethics. (b) (C) Form. Complaints shall be written on, or accompanied by, a completed form promulgated by the City Auditor. Contents. A Complaint filed under this section must be in writing, under oath, must set forth in simple, concise, direct stdtements, and state: (1) (2) the name of the Complainant; the street or mailing address, email address, and the telephone number of the Complainant ; (3) (4) (5) (6) (7) the name of each person Accused of violating this Article; the position or title of each person Accused of violating this ARiele; the nature of the alleged violation, including (whenever possible) the specific provision of this AKicle alleged to have been violated; 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 all documents or other material available to 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 Allicle. (e)Affidavit. A Complaint must be accompanied by dn 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 violation 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. (f)Limitations Period. To be accepted, a Complaint must be brought within six (6) months of the Complainant becoming aware of the act or omission that constitutes 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 of 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 cmpaneled and its Rules of Procedure are confirmed by the City Council. (g) (h) Filing. Complaints shall be submitted to the City Auditor. Submission of Complaints may be made by hand delivery, U.S. Mail, or email directed to an email address publicly listed by the City Auditor. Acceptance of Complaint. Within five (5) business days of receiving a Complaint, the City Auditor shall determine if it is administratively complete and timely (1)Administratively Complete. A Complaint is administratively complete if it contains the information 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 deficiency notice to the Complainant identifying the required information that was not 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 to the City Auditor, or the Complaint is automatically deemed abandoned and may not be processed in accordance with this Article. Within nve (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 constitutes a violation of this Article. A Complaint will not be accepted more than two (2) years after the date of the act or omission. (1)Notification of Acceptance. Within five (5) business days of determining that a Complaint is administratively complete and timely, the City Auditor shall send a written notification of acceptance to the Complainant, the 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 G)Confidentiality. A Complaint that has been submitted to the City is hereby deemed conndential until such time as the Complaint is either dismissed or placed on an agenda for consideration by the Board of Ethics in accordance with this Article. Clerical and administrative steps shall be taken to identify and manage confidential information in accordance with this Article. The confidentiality created by this Article includes the fact that a Complaint was submitted and the contents of that Complaint. It shall be a violation of this Ankle for a City Official to publicly disclose information relating to the filing or processing of a Complaint, except as required for the performance of official duties or as required by law. Requests for records pertaining to Complaints shall be responded to in compliance with the State law, The limited confidentiality created by this Article is limited in scope and application by the mandates of the Texas Public Information Act, Chapter 552 of the Texas Government Code (k)Ex Parte Communications. 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)for the Complainant, the Accused, or any person acting on their behalf, to engage or attempt to engage directly or indirectly about the subject matter or merits of a Complaint in ex parte communication with a member of the Board of Ethics or any known witness to the Complaint; or (2)for a Member ofthe Board of Ethics, to knowingly allow an ex parte communication about the subject matter or merits of a Complaint, or to communicate about any issue of fact or law relating to the Complaint directly or indirectly with any person other than a Member of the Board of Ethics, the City Auditor’s office, the City Attorney's office, or Special Counsel. Sec. 2-280.Preliminary Assessment (a) (b) Referral to Chairperson. Accepted Complaint(s) shall be referred to the Chairperson of the Board of Ethics within five (5) business days of being determined administrative[y complete. Assignment of Panel. Within five (5) business days of receiving an Accepted Complaint, the Chairperson of the Board of Ethics shall assign the Complaint to a Panel for Preliminary Assessment. The Chairperson shall order a meeting of the Panel, which shall be conducted in compliance 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 of 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 Complaint, if true, would constitute a violation of this Article. (2) Baseless : the allegations and evidence contained in the Complaint, if true, would not constitute a violation of this Article. Actionable Conrplaints shall be returned to the Chairperson for listing on an agenda for a public hearing. Baseless Complaints shall be dismissed. Written notification of the Panel’s determination shall be filed with the City Auditor and sent to the Chairperson, Complainant, the Accused, and the City Attorney within two (2) business days. Written notifications of dismissal shall include notice of the right to appeal. (d)Appeals. A Panel’s preliminary assessment under this Section 2-280 may be appealed to the Board of Ethics by either the Complainant or the Accused, as applicable. An appeal shall be perfccted by filing a written notice of appeal with the City Auditor within ten (1 0) business days of the date of the written notifIcation. Sec. 2-281. Meetings (a) (b) (C) Calling Meetings. Meetings of the Board of Ethics shall be cdlled upon request of the Chairperson, three (3) members, or the City Auditor. Quorum. The quorum necessary to conduct meetings of the Board of Ethics shall be four (4). The Chdirperson (or acting chairperson) shall count toward the establishment of a quorum and retains the right to vote, Hearings : (1)Scheduling: Hearings shall be scheduled by the City Auditor 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)Purpose : The purpose of the hearing(s) shall be solely to determine whether: (A) a violation of this Alticle occurred, and if so to assess the appropriate sanctIon; (B) an Accepted Complaint was erroneously dismissed as Baseless by a Panel; and/ or (C) an Accepted Complaint is Frivolous. (3) Sworn TesIimony : All witness testimony provided to the Board of Ethics shall be under oath. (4)Burden of Proof: Because the burden of showing that a violation of this Article occurred is placed on the Cornplainant, it is the Complainant that has the obligation to put forth evidence, including testimony, supporting the Complaint. The Complainant is required to testify at the hearing. A Complainant’s failure to testify at a hearing shall be grounds for dismissal of a Complaint. (5)Representation: The Accused shall have a right to present d defense. Both the Complainant and the Accuser have a right to be represented by legal counsel. (d)Open Meetings. All meetings and hearings of the Board of Ethics, including Panel dclibcrations, shall be conducted pursuant to the Texas Open Meetings Act. The Board of Ethics may convene in Executive Session (i.c., conduct 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 postponed upon majority vote by the members of the Board of Ethics. (2) Parties : The Complainant and the Accused are each entitled to one (1) postponement without cause. Additional postponements shall be solely for good cause and at the discretion of the Board of Ethics. (3)Criminal Proceedings; if a Complaint alleges facts that are involved in a criminal investigation or a criminal proceeding before a grand jury or the courts, the Board of Ethics may, when a majority of its members deem appropriate, postpone any hearing or any appeal concerning the Complaint until after the criminal investigation or criminal proceedings are terminated Sec. 2-282. Disposition (a) Dismissal. If the Board 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 upon nnding: (1) the Complaint is Baseless; (2)the alleged violation did not occur; (3) the Accused reasonably relied in good faith upon an Advisory Opinion, as provided in this Article; or (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 of a hearing that a violation has occurred, it may within ten ( 10) business days impose or recommend any of the following sanctions: (1) Letter of Notification. If the violation is clearly unintentional, or when the Accuser's action was made in reliance on a written Advisory opInion, a letter of notification shall advise the Accused of any steps to be taken to avoid future violations (2) (3) Letter of Admonition . If the Board of Ethics finds that the violation is minor and may have been unintentional, but calls for a more substantial response than a letter of notification, Letter of Reprimand . If the Board of Ethics an(is that the violation: (A) was minor and was committed knowingly, intentionally, or in disregard of this Article; or (B) was serious and may have been unintentional. (4)Recomnrendat ion of Suspension. If the Board of Ethics finds that a violation was committed by a member of the Planning & Zoning Commission, Zoning Board of Adjustment, Board of Ethics, Public Utilities Board, Historic Landmark Commission, 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 to a previous violation by the Person, and was committed knowingly, intentionally or in disregard of this Article. The final authority to impose a suspension rests with the City Council. (5)Ineligibit ity . If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. Notice of all sanctions imposed by the Board of Ethics shall be transmitted to the Accused, Complainant, City Auditor, City Attorney, and City Council. (C)Frivolous. (1) (2) (3) Prohibition. It is a violation of this Alticle for a Person to submit a Frivolous Complaint . Super-Majority 1/ole. If the Board of Ethics determines at the conclusion of a hearing by a vote of two-thirds (2/3) of its Members that a Complaint was Frivolous, the Board may impose a sanction as provided by Section 2-282(b). Factors. In making a determination on frivolity, the Board of Ethics shall consider the following factors: (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 Accused is a Candidate or is involved with a candidacy, if any; 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 Complaint was filed; the existence and nature of any relationship between the Accused and the Complainant before the Complaint was filed; if the Accused is a Candidate for Election to Office, the existence and (B) (C) (D) nature of any relationship between the Complainant ,Ind any Candidate or group opposing the Accused; (E) (F) any evidence that the Complainant knew or reasonably should have known that the allegations in the COInplaint wcre groundless; and any evidence of the Complainant’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 prosecution for perjury (criminal prosecution), or civil liability for the torts of defanration or abuse of process. Sec. 2-283. Reconsideration The Complainant or Accused may request the Board of Ethics to reconsider its decision. 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 reconsideration shall be sent to the Chairperson of the Board of Ethics and the non-filing parly (Complainant or Accused). If the Chairperson finds, in the Chairperson’s sole discretion, that the request includes new evidence that was not submitted at a prior hearing, and that the new evidence be,Irs directly on the Board of Ethic’s previous detennination, the Chairperson shall schedule a hearing on the request for reconsideration to occur within thirty (30) business days after filing with the City Auditor, Absent new evidence, the Chairpcrson shall unilaterally dismiss the request for reconsideration and provide notice to the Parties Sec. 2-284. Nepotism (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 consanguinity. (b) Department Supervisor. No Person shall be employed by the City in a department if the Person is related to the City Manager or the department supervisor within the third (3fd) degree of affinity or consanguinity. (c) Preexisting Employment. The prohibitions of this Section do not apply to a Person who was employed by the City more than six (6) months prior. Sec. 2-285. General Procedural Matters (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 for appeal is mailed falls within the timeline requirements of this Article, The posted date of any mailing will control whether it meets the timeline requirements of this Article. Sec. 2-286.Lobbyists [reserved} Additional Terllr s of Engagellt ent This supplement to our engagement letter sets out additional terms of our agreement to provide the representation described in our engagenrent. Because these additional tellus of engagement are a part of our agreement to provide legal services. you should re\--ie\\’ thenr carefu}ly and should promptly communicate to us any questlclns concerning this docuiuent. \Ne suggest that you retain this stateinent of additional tenns along with our engagernent letter and anY related docunre iILs The Scope of the Representation As la\\’yers. \\’e undertake to provide representation and advice on the legal matters for \\-bic iI we are engaged. It is important for our clients to have a clear understanding of the legal services that we have agreed to provide. Thus, if there are any questions about the scope of the Representation that \ve are to provide in the Matter. please raise those questions prolnptly. so that we may resolve thern at the outset ot'the Representation Any expressions on our part concerning the outcome of the Representation. £)r any other legal maKers, are based on our professional judgnrent and are not guarantees, Such expressions. even when described as opinions, are necessarily limited by our knowledge of the facts and are based on our views of the state of the lan; at the arne they are expressed Upon accepting this engagement on your behalf. Lloyd Gosse link Rochelle & To\\-risen(J. P.C. agrees to do the following: ( 1) provide legal counse! in accordance with these Icons of engdgeruent and the related engagernent letter. and in reliance upon infonnation and guidance provided by you: and (2) keep you reasonably informed about the status and progress of the Representation To enable us to provide effective representation, you agree to do the follow’ing: ( 1 ) disclose to us, ful}y and accurately and on a timely basis, all facts and doc\uncnLS that are or nllght be material or that n=e nray request, (2) keep us apprised on a tinrely basis of all developments relating to the Representation that are or n3ight be materiai, (3) attend meetings. conferences. and other proceedings when it is reasonable to do so. and (4) otherwise cooperate fully with us Our Hrm has been engaged to provide legal services in connection \\’ith the RepresentatIon in the Matter, as specifically defined in our engagen3ent letter. After cornpletlon of the Representation in the Matter, changes may occur in the applicable lau’s or regulations that cot!}d affect your future rights and liabilities in regard to the Matter. Unless we are actually engaged after the comp}etion of the Representation to pro\’ide additional advice on such issues, the finn has no contirruing obligation to give advice with respect to any future legal de\’eloplnents that may pertain to the Matter It is our policy and your agreement that the person or entity that u:e represent is the one identified in our engagelnent letter, and that our attorney-client relationship does not include any related persons, enlployees of the client, or related entities. \vho \\;ill Provide the Legal Services As our engagement letter confirms. Lloyd Crosse link Rochelle & Townsend. P.C. \\’ili represent you in the Matter. Lloyd Gosselink Rochelle & Townsend. P.C, is a Texas professional coll)QFatlon Page 1 October 2. 20 18 Although our fIroI \\’ill be pro\’icling !epa} ser\'ices. each client of the firn1 customarily has a relatiolrshi I) principally n'ith one attorney. or I)erhajJS a fe\\' attorneys. At the sonic tinle, ho\\-e\'er, the work required in the Re}31-esentation. or 1)arts of it , maY be perfornred bv other firn1 personnel. including la\\’yers and paralegals. Such delegation may be for the purpose of in\'ol\'ing other firm personnel with experience in a given area or for the pull30sc of pro\’iding ser\’ices on an efficient and tinlely basis C'011rnlunication and C'onfidenfialit\ In keeping \\.iib technological ad\’anccments and the corresponding demands of clients, it is the practice of the nun to use electronic (enrail) correspondence fronr tinre to tinre to communicate and to transnlit documents. As such. the possibility exists that electronic transnlissions could be intercepted or other\\'ise recei\'ed by third paNics and lose their pri\'ileged nature if the method of conrrnunicaf ion is ruled to lack sufficient confidentiality. As u’itIl any correspondence regarding legal representation, regardless of the rnanner of transnlis;sion. \ve urge you to use caution in its dIssemination in order to protect its confidentiality. By signing belo\\-. you agree that \\’e may use email in the scope oF the Representation. \Ve recognize our obligation to preser\’e the confidenTiality of' attorney-client communications as u-eII as the client conndences, as required by the go\'erning nIles of professIonal responsibility. if the Matter involves transactions, litigation or administrative proceedings or like proceedings in \\’hich our Run appears as counsel of record for you in publlc}y a\’ailable records. we reserve the right to infonn others of the fact of our representation of )'uu in the Matter and (if like\\'ise reflected or record in publicly available records) the results obtained unless you specifically direct otheru'ise Periodically, the firm is asked to pro\'ide a Representative Client LisT to prospecti\'e clients and in various legal directories (e.g., Martindale-Hubbell and the Texas Legal Directory). Unless you advise us to the contrary. \\;e Indy disclose to third pallies the fact that our ann represents you Lloyd Gosselink is not requesting authorization to disclose any prr\’ileged lnfornratlon obtaIned during its representation Disclaimer Lloyd Gosselink Rochelle & Tou'nsend. P.C. has made no pronrrses or guarantees to you about the outcome of the Representation of the Matter. and nothing in our engagement letter or these terms of engagenrent shall be construed as such a pronrrse or guarantee Te rIn in ation At any time_ you may. with or without cause_ terminate the RepresenTation by notifying us in writing of your intention to do so. Any such termination of ser\’ices u'ill not affect the obligation to pay for legal services rendered and expenses and charges incurred before termination. as u’ell as additional services and charges incuir'ed in connection \vith an orderly transitlon of the Matter We are subject to the codes or rules of professional responsibility for the Junsdlctlons in which n'e practice. There are several types of c(_)nduct or circumstances that could result in our withdrawing I-tonI representing a client, including. for exanlp ie. the fOllOw-Ing: non-payment of fees or charges: misrepresentation or faihIre to disclose material facts: fraudulent or crlnllnal conduct: action contrary to our dd\’ice: and conflict of interest \\’iIb another client. We try to IdentifY in advance and discuss \\’iib our clients any situation that may lead to our \\’ithdra\\’al Page 2 October 2. 2018 A failure by you to meet any obligations under these ter ills of engagement shall entitle Lloyd Gosselink Rochelle & To\\-nsend. P.C' to terlninate the Representation. In that e\’ent. you \\’ill take all steps necessary to release Lloyd Gosselink Rochelle & To\\-nsend. P.C. ot- any further obligations in the Representation or the Matter, including \\’itlrout linritation the execution of any documents necessary to effectuate our n'ithdra\\’ai from the Representation or the Matter. The right of LloYd Gosselink Rochelle & To\\-nsend. P.C. to \\-ithdra\\- in such circunlstaIIces is in addition to anY rights created by statute or recognized by the go\’erning IIIIes of professIonal conduct Our engagement letter specinca11y explains our fees for services in the N'{atter. \Ve \\'ill bill on a regular basis. nornlally each nrontlr. for fees and expenses and charges. It is agreed that you \\’iII make full payment within thirty (30) days of recei\-ing our statement, \Ve may gi\’e notice it an account beconles delinquent. and it is further agreed that any delinquent accl)unI nrust be paid upon the giving of such notice. If the delinquency continues and you do not arrange satisfactory payment terms. we may \\’ithdra\\' from the Representation. Ho\ve\'er. any termination by either party may be subject to, or controlled by, orders of a court. Document Retention We may choose to keep records pertaining to this Matter in partially or excl\Isi\-ely electronic format. and u’e will bear ordinary costs relating to the treatnlent and storage of such records as part of the cost of providing legal services to you. Upon conrpletion of our \\’ork on this Matter, your file. in the form in which it \\-as maintained. u'ill be made a\'ailab ie for transfer to you at our office. As a general rule, n’e keep client fIIes for ave years. If your file has not pre\’lously been returned to you before the end of the retention period, our document retention policy directs us to offer the file to you at that time. Original documents (e.g.. pernrits. licenses, deeds. \\'ills and the like), or material that has unique or significant value in the form \\;e originally acquIred it. \viII be returned to you in that original form. \Ve nra)/, Ilo\ve\’er. require you to pay any deli\’cry Ol shipping expenses associated n’irb deli\'ering your client nIe and other client property to you at a location other than our office. If you do not indicate a desire to ha\'e the file returned to you. the file (both electronic and u’ritten) will be destroyed. C.'barges for Expenses and Services Our invoices \\’iII include amounts for legal services rendered and for other expenses and services. Examples of other expenses and services include charges for photocopying, facsImile transmissions, long-distance telephone calls, travel and conference expenses, messenger dell\-cues. computerized research, and other electronic transnrissions. In addition. \\’e reselr'e the rlght to send to you for direct payment any invoices deli\-ered to us by others, including experts and any \-endors Rates for our legal services. expenses and charges are subject to change fronr tune to tlnle and will be noted on your bill. In sonre situations. n;e can arrange for such ser\-rces and expenses to be provided by third parties b ilied through our billings or by direct billlng to the cIIent Standards of Pr'ofessionalisln and Attorney Complaint Infor'rnation Pursuant to rules promulgated by the Texas Supreme Court and the State Bar of Texas, \\-e are to advise our clients to the contents of the Texas Lan-yer's Creed. a copy of u'hlch IS aTtached. In addition, \\;e are to advise clients that the State Bar of Texas investigates and prosecutes colnplairlts of professional n}isconduct against attorneys licensed in Texas. A brochure entitled _4rrol'rle\' C'onlplclirr I in fO1'111 alton is available in our offIce in Austin and is like\vl>se a\’ailable upon request. A client that has any questions about the State Bar’s disciplinary process should call the c)face of the General Counsel of the State Bar of Texas at 1 -800-932- 1900 toll free Page 3 OcTober 2. 2018 THE TEXAS LAWYER'S CREED A Mandate for Professionalism Promulgated by The Supreme Court of Texas and the Court of Criminal Appeals November 7, 1989 I am a lawyer; I am entrusted by the People of Texas to preserve and improve our legal system. I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary Rules of Professional Conduct, but I know that Professionalism requires more than merely avoiding the violation of laws and rules. I am committed to this Creed for no other reason than it is right I. OUR LEGAL SYSTEM A lawyer owes to the administration of justice personal dignity, integrity, and independence. A lawyer should always adhere to the highest principles of professionalism 1. 1 am passionately proud of my profession. Therefore, "My word is my bond." 2. 1 am responsible to assure that all persons have access to competent representation regardless of wealth or position in life 3.I commit myself to an adequate and effective pro bono program. 4, 1 am obligated to educate my clients, the public, and other lawyers regarding the spirit and letter of this Creed 5. 1 will always be conscious of my duty to the judicial system II. LAWYER TO CLIENT A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ all appropriate means to protect and advance the client’s legitimate rights, claims, and objectives. A lawyer shall not be deterred by any real or imagined fear of judicial disfavor or public unpopularity. nor be influenced by mere self-interest 1. 1 will advise my client of the contents of this Creed when undertaking representation. 2. 1 will endeavor to achieve my client's lawful objectives in legal transactions and in litigation as quickly and economically as possible. 3. 1 will be loyal and committed to my client's lawful objectives, but i will not permit that loyalty and commitment to interfere with my duty to provide objective and independent advice. 4. i will advise my client that civility and courtesy are expected and are not a sign of weakness 5.I will advise my client of proper and expected behavior 6. 1 will treat adverse parties and witnesses with fairness and due consideration. A client has no right to demand that I abuse anyone or indulge in any offensive conduct. 7. 1 will advise my client that we will not pursue conduct which is intended primarily to harass or drain the financial resources of the opposing party 8.I will advise my client that we will not pursue tactics which are intended primarily for delay 9.I will advise my client that we will not pursue any course of action which is without merit 10. 1 will advise my client that I reserve the right to determine whether to grant accommodations to opposing counsel in all matters that do not adversely affect my client's lawful objectives. A client has no right to instruct me to refuse reasonable requests made by other counsel. 11. 1 will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving and settling disputes. Page 1 111.LAWYER TO LAWYER A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of litigation, courtesy, candor, cooperation, and scrupulous observance of all agreements and mutual understandings. II feelings between clients shall not influence a lawyer's conduct, attitude, or demeanor toward opposing counsel. A lawyer shall not engage in unprofessional conduct in retaliation against other unprofessional conduct 1. 1 will be courteous, civil, and prompt in oral and written communications. 2. 1 will not quarrel over matters of form or style, but I will concentrate on matters of substance . 3. 1 will identify for other counsel or parties all changes I have made in documents submitted for review 4. 1 will attempt to prepare documents which correctly reflect the agreement of the parties. I will not include provisions which have not been agreed upon or omit provisions which are necessary to reflect the agreement of the parties 5. 1 will notify opposing counsel. and, if appropriate, the Court or other persons, as soon as practicable, when hearings, depositions, meetings, conferences or closings are cancelled. 6. 1 will agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided legitimate objectives of my client will not be adversely affected. 7. 1 will not serve motions or pleadings in any manner that unfairly limits another party's opportunity to respond. 8. 1 will attempt to resolve by agreement my objections to matters contained in pleadings and discovery requests and responses, 9. 1 can disagree without being disagreeable. I recognize that effective representation does not require antagonistic or obnoxious behavior. I will neither encourage nor knowingly permit my client or anyone under my control to do anything which would be unethical or improper if done by me. 10. 1 will not, without good cause. attribute bad motives or unethical conduct to opposing counsel nor bring the profession into disrepute by unfounded accusations of impropriety. I will avoid disparaging personal remarks or acrimony towards opposing counsel, parties and witnesses. I will not be influenced by any ill feeling between clients. I will abstain from any allusion to personal peculiarities or idiosyncrasies of opposing counsel. 11. 1 will not take advantage, by causing any default or dismissal to be rendered, when I know the identity of an opposing counsel, without first inquiring about that counsel's intention to proceed . 12. 1 will promptly submit orders to the Court. I will deliver copies to opposing counsel before or contemporaneously with submission to the court. I will promptly approve the form of orders which accurately reflect the substance of the rulings of the Court, 13. 1 will not attempt to gain an unfair advantage by sending the Court or its staff correspondence or copies of correspondence 14. 1 will not arbitrarily schedule a deposition, Court appearance, or hearing until a good faith effort has been made to schedule it by agreement. 15. 1 will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party. Page 2 16. 1 will refrain from excessive and abusive discovery. 17. 1 will comply with all reasonable discovery requests. I will not resist discovery requests which are not objectionable. I will not make objections nor give instructions to a witness for the purpose of delaying or obstructing the discovery process. I will encourage witnesses to respond to all deposition questions which are reasonably understandable. I will neither encourage nor permit my witness to quibble about words where their meaning is reasonably clear. 18. 1 will not seek Court intervention to obtain discovery which is clearly improper and not discoverable 19. 1 will not seek sanctions or disqualification unless it is necessary for protection of my client’s lawful objectives or is fully justified by the circumstances. IV. LAWYER AND JUDGE Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection against unjust and improper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and independence of the Court and the profession, 1. 1 will always recognize that the position of judge is the symbol of both the judicial system and administration of justice. I will refrain from conduct that degrades this symbol. 2 I will conduct myself in court in a professional manner and demonstrate my respect for the Court and the law. 3. 1 will treat counsel. opposing parties, witnesses, the Court, and members of the Court staff with courtesy and civility and will not manifest by words or conduct bias or prejudice based on race, color, national origin, religion, disability, age, sex, or sexual orientation 4. 1 will be punctual. 5 I will not engage in any conduct which offends the dignity and decorum of proceedings. 6. 1 will not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities to gain an advantage. 7.I will respect the rulings of the Court. 8. 1 will give the issues in controversy deliberate, impartial and studied analysis and consideration 9. 1 will be considerate of the time constraints and pressures imposed upon the Court, Court staff and counsel in efforts to administer justice and resolve disputes. Order of the Supreme Court of Texas and the Court of Criminal Appeals The conduct of a lawyer should be characterized at all times by honesty, candor, and fairness. In fulfilling his or her primary duty to a client, a lawyer must be ever mindful of the profession's broader duty to the legal system. The Supreme Court of Texas and the Court of Criminal Appeals are committed to eliminating a practice in our State by a minority of lawyers of abusive tactics which have surfaced in many parts of our country. We believe such tactics are a disservice to our citizens, harmful to clients, and demeaning to our profession The abusive tactics range from lack of civility to outright hostility and obstructionism. Such behavior does not serve justice but tends to delay and often deny justice. The lawyers who use abusive tactics, instead of being part of the solution, have become part of the problem, The desire for respect and confidence by lawyers from the public should provide the members of our profession with the necessary incentive to attain the highest degree of ethical and professional conduct. Page 3 These rules are primarily aspirational. Compliance with the rules depends primarily upon understanding and voluntary compliance, secondarily upon reenforcement by peer pressure and public opinion, and finally when necessary by enforcement by the courts through their inherent powers and rules already in existence These standards are not a set of rules that lawyers can use and abuse to incite ancillary litigation or arguments over whether or not they have been observed, We must always be mindful that the practice of law is a profession. As members of a learned art we pursue a common calling in the spirit of public service. We have a proud tradition. Throughout the history of our nation, the members of our citizenry have looked to the ranks of our profession for leadership and guidance. Let us now as a profession each rededicate ourselves to practice law so we can restore public confidence in our profession, faithfully serve our clients. and fulfill our responsibility to the legal system. The Supreme Court of Texas and the Court of Criminal Appeals hereby promulgate and adopt "The Texas Lawyer's Creed - A Mandate for Professionalism" described above. In Chambers, this 7th day of November, 1989 The Supreme Court of Texas Thomas R. Phillips, Chief Justice Franklin S. Spears, Justice C. L. Ray, Justice Raul A. Gonzalez, Justice Oscar H. Mauzy, JustIce Eugene A. Cook, Justice Jack Hightower, Justice Nathan L. Hecht, Justice Lloyd A. Doggett, Justice The Court of Criminal Appeals Michael J. McCormick, Presiding Judge W. C. Davis, Judge Sam Houston Clinton, Judge Marvin O. Teague, Judge Chuck Miller, Judge Charles F. (Chuck) Campbell, Judge Bill White, Judge M. P. Duncan, III, Judge David A. Berchelmann, Jr., Judge Page 4