22-1246ORDINANCE NO. 22-1246
AN ORDINANCE OF THE CITY OF DENTON CONFIRMING THE PROPOSED
AMENDMENTS TO THE BOARD OF ETHICS’ RULES OF PROCEDURE AS REQUIRED BYTHE CODE OF ORDINANCES, CHAPTER 2, ARTICLE XI, SECTION 2-277(k) TO UPDATETHE COMPOSITION REQUIREMENTS OF A PANEL, CLARIFY WHAT IS INCLUDED INTHE CONTENTS OF AN ACCEPTED ETHICS COMPLAINT, CLARIFY THE PROCESS FORRECOMMENDING A FRIVOLITY HEARING, AND PROVIDE GUIDELINES FORPROCESSING ADVISORY OPINION REQUESTS; PROVIDING FOR SEVERABILITY; ANDPROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 1, 2018, the City Council of the City of Denton passed Ordinance Number
18-757 creating a new Article XI to Chapter 2 of the Code of Ordinances (the “Ethics Ordinance”); and
WHEREAS, Section 2-277(k) of the Ethics Ordinance obligates the Board of Ethics to adopt
rules of procedure governing how to conduct meetings and hearings, and such rules are subject to
confirmation or modification by the City Council; and
WHEREAS, the Board of Ethics approved the attached procedural rules on September 17,
2018, finding them to be reasonable, prudent, and necessary to conduct efficient, effective, and fair
meetings and hearings; and
WHEREAS, the City Council held a Work Session on October 23,2018 to consider the Board
of Ethics’ rules of procedure subsequently confirmed the rules of procedure through Ordinance Number18-1839 on November 6, 2018; and
WHEREAS, since that time, the Board of Ethics has been operating under the Rules of Procedureand held several work sessions to discuss potential amendments; and
WHEREAS, the Board of Ethics has recommended certain amendments to the City Council for
confirmation, which were presented in a Work Session on June 7, 2022; and
WHEREAS, the City Council finds the attached amendments to be reasonable, prudent, and
necessary to conduct efficient, effective, and fair meetings and hearings; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. FINDING OF FACT. The foregoing recitals are incorporated into this
Ordinance by reference as findings of fact as if expressly set forth herein.
SECTION 2. CONFIRMATION OF AMENDMENT. The City Council hereby confirms theamendments to the attached Rules of Procedure for the Board of Ethics, pursuant to the Code of
Ordinances, Chapter 2, Article XI, Section 2-277(k), as shown in Attachment A, attached hereto and
incorporated into this Ordinance.
SECTION 3. 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 anyother valid portion of this Ordinance.
SECTION 4. EFFECTIVE DATE. This ordinance shall be effective immediately upon its
passage and approval.
The motion to approve this ordinance was made by Chris Ndis and seconded by
B flyb&)y\ Chase \kG--ee , the ordinance was passed and approved by the following voteLa&]
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3:
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5:
Chris Watts, At Large Place 6:
V/
b/
PASSED AND APPROVED this the \ qh day of
MkARD HUDSPN
ATTEST:
ROSA RIOS, CITY SECRETARY b\111111111
a
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by ScottgM. A:id.,BY:
Rules of Procedure for Conducting
City of Denton, TexasBoard of Ethics
TABLE OF CONTENTS
A. GENERAL.........................................................................................................................................4
1. CONFIDENTIALITY ..___........_....._._.._.._.._..._...._...._..._.._......_._...__......__....._....._..4
2. EX PARTE................................................................................................................................4
3. AMENDMENTS .........................................................................................................4
B. MEETINGS ............_..___.._.__............_......._..__.__...____........_...._.___..........._..........__...._..4
C. ADVISORY OPINION ........_.__..._.__._.._.__..._.._.._...__.__...._..__.__..._....................._.._._..5
D. PRELIMINARY ASSESSMENTS ......__.__._.._._._.....__..._.......___._._._......_.............._....._..6
E. HEARINGS.......................................................................................................................................6
1. Preliminary Hearing .............._..._.__._._..._._..__.._........___.__.._......._............__._._..6
2. Evidentiary Hearing .............._..._.__._._..._._.._...._........__...__..._...................._..._._..6
3. Scheduling / Calling............................................................................................................7
4. Purpose ...................................................................................................................................7
5. Authority of Chair................................................................................................................7
6. Call to Order __........___...__.....__.....__.._...__._.........__._...._._._........................_.._..._..7
7. Recusals ..................................................................................................................................8
8. Enter Appearance of the Parties ..____..._...._............_._...._...._.._._..........._.__.._._..8
9. Procedural Request............................................................................................................8
10. Evidence & Witnesses .........__.....__.._..._..._........_..._..__._......._._____....._..._.........8
11. Subpoena ..___._..___.__..___.__._..__..._.._....._......_..__._..........._.__.___....._..__.._._.9
12. Exhibits.................................................................................................................................9
13. 1)ecorurn..............................................................................................................................9
14. Sworn Testimony ..............................................................................................................9
15. Order ofPresentaions ..__...._.._.__......._.__._..._....._.___.........._..........._..........._.. 10
16. Statement.......................................................................................................................... 10
17. Presentation of Evidence ...._._.____._.._...._...._..__..._.._......_..____.............._...._ 10
18. Witness Tesimoney ................._...____..._._.....__.___.._..___......____..............__.... 10
19. Representation ............................................................................................................... 10
20. Time Limitations............................................................................................................ 11
21. Closing of Statements .......__.........__....._.__...._._......___...____.._..___...._..__....._ 11
22. Closing of Hearing.......................................................................................................... 11
23. Executive Session........................................................................................................... 11
24. Deliberation..................................................................................................................... 11
25. Reliability of Evidence ......____.._.........._..._._...._......__._..__..__._....._.___...._..._ 11
26. Burden of Proof .............................................................................................................. 11
27. Determinations ..__..___....._.._..__..._.._._..._......._._...__._._.__.._...__._......._...._... 12
28. Reconsideration ___.___....._..____..._...__..._......_.......__._.____.._.___......._...._.._. 12
City of DentonRules of Procedure July 19, 2022
Board of Ethics
Page 2
CITY OF DENTON
BOARD OF ETHICS
RULES OF PROCEDURE FOR
MEETINGS & HEARINGS
City of DentonRules of Procedure July 19, 2022
Board of Ethics
Page 3
A. GENERAL
1. CONFIDENTIALITY
The City of Denton shall strive to maintain a level of confidentiality during the preliminary phases
of processing Complaints in order to avoid unduly tarnishing of peoples’ reputations while strivingto provide due process. Confidentiality shall be limited by law, including the Texas PublicInformation Act.
Under the Code of Ethics, a Complaint submitted to the City is confidential until it is either
dismissed or placed on an agenda subject to Code of Ethics Section 2-279(i).
The Board of Ethics shall maintain the confidentiality of any document it receives that is
categorized as being subject to common law privacy as defined by Section 552.101 of the TexasGovernment Code; trade secrets, audit working papers, certain commercial or financial
information as defined by Section 552.110 of the Texas Government Code; confidentiality of certain
private communications of elected officers as defined by Section 552.109 of the Texas GovernmentCode; and all other information considered confidential and protected under the Texas Public
Information Act or other law, as applies to Section 552.022 of the Government Code.
Code of Ethics 92-2790),(V ,
EX PARTE
The Complainant and the Respondent are prohibited by the Code of Ethics from communicating
(directly or indirectly) about the subject matter or merits of the Complaint, or any issue of law or fact
about a Complaint, with the Board, any of its members, or witnesses identified in the Complaint (or
filed supplements). Similarly, the Board is prohibited from communicating about the subject
matter or merits of a Complaint, or any issue of law or fact about a Complaint with the parties or
other persons (except for members of the Board, the City Auditor’s Office, City Attorney’s Office, or
Special Counsel).
3. AMENDMENTS
The Board of Ethics may recommend amendments to City of Denton Code of Ordinances, Chapter 2,
Article XI, or to its own Rules of Procedure to the City Council by a simple majority vote.
q
Code of Ethics 92 -279 (k) .
B. MEETINGS
1. Calling Meetings. Board meetings shall be called by the Chairperson, or upon request of three
(3) board members, or the City Auditor, at least annually.
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Board of Ethics
Page 4
2. Call to Order. The Chairperson shall call the hearing to order, announce the time the hearing
is called to order, and state whether a quorum of the board is present. The quorum is four (4)
board members, which can include the Chairperson.
3. Open Meetings. Board meetings shall be conducted in compliance with the Texas Open
Meetings Act.
4. Adjournment. Meetings of the Board may be adjourned by the Chairperson’s initiative or upon
vote of a majority of the members.
5. Alternate Members. 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.
6. Notice of Absence or Abstainment. Upon receipt of an agenda for meeting or hearing, each member
of the Board shall immediately (within twenty-four (24) hours) inform the City Auditor if the memberis planning to: (a) not attend; or (b) abstain from participation. The matter of determining which
alternate shall be designated to attend a hearing shall be at the discretion of the Chairperson.
Code of Ethics §2-281, 52-277 (9),
C. ADVISORY OPINION
1.Assignment. The City Auditor shall refer requests to either a Panel or to Special Counsel asfollows:
(a) if a request is received more than ten (10) business days before deliberation of the
Pending Matter, the City Auditor shall assign it to a Panel;
(b) if a request is received more than five (5) business days before deliberation of the
Pending Matter, the City Auditor shall assign it to a Panel or Special Counsel if a Panelcannot be formed at least five (5) business days before deliberation of the Pending
(c) if a request is received less than five (5) business days before deliberation of the Pending
Matter, the City Auditor shall inform the City Official that the Advisory Opinion cannotbe issued prior to deliberation and at which point the City Official may choose to
withdraw the Advisory Opinion request. If a request is withdrawn the City Auditor shall
provide information about the prohibitions of Sec. 2-273 and report the withdrawal to
the Board of Ethics at the next regular meeting.
Matter;
Panels shall be designated by the Chairperson consisting of three (3) board members on a
rotating basis. Three (3) board members must be in attendance.
2. Calling Meetings. Panel meetings shall be called by the City Auditor.
City of DentonRules of Procedure July 19, 2022
Board of Ethics
Page 5
3. Open Meetings. Panel meetings shall be conducted in compliance with the Texas Open
Meetings Act.
4. Notice. The City Auditor shall send a written notification of the Panel meeting to the requesting
City Official at least five (5) calendar days prior.
5. Participation. While the requesting City Official and other persons may attend the meeting,
no testimony or public comments will be accepted.
6. Scope. When assembled, Panels shall respond to a request for an Advisory Opinion by issuing
written guidance regarding how the Code of Ethics applies (if at all) to a particular situation or
behavior. The opinion may contain conclusions and / or recommendations.
7. Basis of Opinion. A Panel’s opinion shall be limited to the facts presented in writing by the
requestor. No additional material will be considered. The opinion shall reflect the majorityposition of the Panel.
8. Deadline. A Panel must issue its Advisory Opinion within thirty (30) days of the City Auditor’s
receipt of the request.
Code of Ethics 92-278,
D. PRELIMINARY ASSESSMENTS
1. Assignment. The Chairperson shall designate panels consisting of three (3) board members on arotating basis. Board members who have previously submitted an Ethics Complaint against the
Respondent in a Preliminary Assessment shall not be assigned to the Panel unless a majority of the
Board members have previously submitted an Ethics Complaint against the Respondent.
2. Calling Meetings. Panel meetings shall be called by the Chairperson.
3. Open Meetings. Panel meetings shall be conducted in compliance with the Texas Open MeetingsAct
4. Notice. The City Auditor shall send a written notification of the Panel meeting to the Complainant,
the Respondent, and the City Attorney at least five (5) calendar days prior.
5. Participation. While the Complainant, the Respondent, and other persons may attend the
meeting, no testimony or public comments will be accepted.
6. Scope. When assembled, Panels shall determine if a Complaint is Actionable or Baseless, as defined
by the Code of Ethics.
7. Basis. A Panel’s review is limited to the contents of the Complaint which includes all additional
documents, hyperlinks, video, and audio submitted along with the original Ethics Complaint Form.
The Panel may consider whether the action(s) alleged within the contents of the Complaint are a
City of DentonRules of Procedure July 19, 2022
Board of Ethics
Page 6
violation of any provision of the Ethics Ordinance, regardless of a provision specified by the
Complainant. No extraneous information may be considered, unless the Panel wishes to review
information as part of a consideration of the accuracy of the statements made in the Complaint in
conjunction with the making of a recommendation that a hearing be first held on an accepted
Complaint to determine if it may be frivolous.
Code of Ethics 92-280.
E. HEARINGS
Preliminary Hearing
If a Complaint proceeds to a hearing, the Board of Ethics may conduct a preliminary hearing to:
(a) issue a subpoena requesting the production of data or other evidence from a City Official
needed for the performance of the board’s duties and including the board’s exercise of its
powers of investigation„ subject to Section E(11) of these Rules.
(b) rule on any procedural requests from the parties, such as Motions for Continuance.
If a Complaint proceeds to a hearing, the Board of Ethics may:
(a) allow witnesses to attend and testify;
(b) admit evidence; and
(c) make determinations.
Hearings shall be scheduled by the City Auditor upon the filing of:
(a) a Panel determination that a Complaint is Actionable;
(b) an Appeal challenging a Panel’s dismissal of a Complaint as Baseless; or
(c) a Panel recommendation that a hearing be held to determine if an Accepted Complaint isFrivolous.
The City Auditor shall send a written notification of the hearing to the Complainant, the Respondent,
and the City Attorney at least seven (7) calendar days prior.
Code of Ethics §2-281 (c),
The purpose ofevidentiary hearing(s) shall be solely to determine whether:
(a) a violation of the Code of Ethics occurred, and if so to assess the appropriate sanction;
City of DentonRules of Procedure July 19, 2022
Board of Ethics
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(b) an Accepted Complaint was erroneously dismissed as Baseless by a Panel; and/ or
(c) an Accepted Complaint is Frivolous.
5 Authority of Chair
The Chair will control discussion at all times so that only one (1) person speaks at a time. The Chair
will enforce these rules through the following measures:
(a) by calling a person to order, advising them of the rules and requesting compliance;
(b) by ending a person’s opportunity to speak on an agenda item; and/or
(c) by ordering a person to leave a meeting and barring the person’s presence during the
remainder of the meeting.
The Chair may reasonably extend time limits provided under these rules, either at their own
discretion or by a simple majority vote of the Board. At the expiration of a party’s time, the chair
shall ask the party if they feel they have had a full and fair hearing, and if they feel they have had an
opportunity to present all of the relevant evidence and testimony in their hearing.
Call to Order
Recusals
The Chairperson shall call the hearing to order, announce the time the hearing is called to order,
and state whether a quorum of the board is present. The chair shall identify the Complaint being
considered by the board.
At any point prior to the commencement of deliberations, members of the Board can recuse
themselves. It is preferred that recusals be communicated to the Chairperson prior to a hearing so
that alternate members can be designated. Grounds for recusal shall include prohibitions listed in
City of Denton Code of Ordinances, Chapter 2, Article XI, Section 2-273 (a) (Conflicts of Interest), or
any other ethical basis deemed compelling by the recusing member. Board members shall recusethemselves if the City Council member who nominated them is a party to a Complaint pendingbefore the Board member.
8.
The Chairperson shall call the parties to announce if they are present. If the Complainant is not
present, the Chairperson shall dismiss the Complaint, close the hearing, and issue a Letter of
Dismissal unless the hearing is being held to determine if an Accepted Complaint is frivolous.
City of DentonRules of Procedure July 19, 2022
Board of Ethics
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All procedural motions that the Complainant or person charged in the complaint wishes the board
to consider at the evidentiary hearing must be filed with the City Auditor’s Office at least four (4)
calendar days prior to the evidentiary hearing. The board shall determine whether to grant
requests that had not been submitted in time for the Preliminary Hearing.
Within one (1) business day after receipt, the City Auditor’s Office will promptly forward the
procedural motions to the board members, the city attorney’s office, and the opposing party.
In addition to other procedural matters, the board may consider a request for a reset or continuance
of a hearing. The board may also, on its own motion, reset or continue a hearing. At the beginning
of the hearing, the board will consider and rule upon any such request and procedural motions.
Evidence & Witnesses
No later than by seven (7) calendar days prior to the hearing, the Board of Ethics shall in writing
request the parties to submit to it the identities of their witnesses, briefly describing the matter
each will be expected to testify about, and any sworn statements and documentary evidence they
desire to be considered. The parties shall submit their aforementioned evidence to the City Auditor
within the time specified in the notice (that being no less than four (4) calendar days prior to the
hearing), who shall forward to the parties, Board members and the City Attorney no less than three
(3) calendar days prior to the hearing.
Subpoena
Periodically, the need for additional information may be needed when considering a Complaint.The Board of Ethics has the authority under the Code of Ethics to issue subpoenas for witnesses
and/or records in furtherance of its investigatory and enforcement power under the Code. When
deemed necessary by simple majority, the Board may issue subpoenas to City Officials compelling
their attendance and/or their production of data or other evidence deemed relevant to the pendingComplaint. The scope of the Board’s authority to subpoena records is limited to those under the
direct control and in possession of City Officials. Subpoenas will not be issued for persons whowould serve as character witnesses. The subpoena shall be on a form provided by the City
Auditor’s Office. Service of subpoenas shall be by the City Auditor’s Office.
The Board may consider a party’s failure to comply with a subpoena in its deliberations and/or
exclude evidence related to the subject matter of the subpoena offered by the party which fails to
comply.
A record subpoenaed and produced under the Code of Ethics (as provided by the City Charter)
that is otherwise privileged or confidential by law remains privileged or confidential and shall not
be released to the public unless release is ordered by the Attorney General’s office in a rulingissued pursuant to Section 552.306 of the Texas Government Code or a court of competent
jurisdiction.
At the conclusion of all proceedings regarding a Complaint, records subpoenaed and produced
City of DentonRules of Procedure
Board of Ethics
Page 9July 19, 2022
that are otherwise privileged or confldential by law shall be returned to the producing source and
all copies shall be destroyed in accordance with the City’s Records Retention Schedule.
Code of Ethics 52-277 (h).
12. Exhibits
13. Decorum
All exhibits submitted by the parties shall be numbered sequentially. Complainant’s exhibits shall
be pre-marked with the letter “C” followed by a dash, followed by a number; for example, “C-1”.
The Respondent’s exhibits shall be pre-marked with the letter “A,” followed by a dash, followed by
a number, for example “A-1”.
Speakers must confine their remarks to the subject under discussion. Personal attacks and
remarks are prohibited.
Each witness before testifying at the final hearing shall be duly sworn by the Chair or PresidingMember.
Code of Ethics 52-281(c) (3).
15. Order of Presentations
Complainant shall open the presentation of the evidence and argument. Respondent may then elect
to present evidence and argument in response to the evidence presented to support its defense but
will not be required to do so. Complainant shall be permitted to present rebuttal evidence on any
defense raised in Respondent’s case presentation.
Before presenting any evidence, each party shall present their positions with an initial statement in anarrative form including a summary of documents and witness testimony to be presented. Initial
statements shall not exceed three (3) minutes.
17. Presentation of Evidence
The parties may offer such evidence as is relevant and material to the complaint or any defense.
All exhibits submitted in advance of the final hearing shall be admitted at the start of final hearingexcept those that the Board finds, after objection by a party, to be inadmissible as hearsay or
speculative. Parties are restricted to evidence submitted in the board packet except if good causeis shown and granted by the majority of the Board members present.
City of DentonRules of Procedure July 19, 2022
Board of Ethics
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18. Witness Testimony
Parties may proffer testimony of their witnesses if the witness is present and available for further
examination, if needed. Testimony of witnesses at hearing shall be in question and answer format.
Opposing parties shall be permitted to cross-examine the witnesses. Members of the Board may
question witnesses, subject to reasonable time limits imposed by the Chair. Questioning by theBoard shall not count against a party’s allotted time.
19. Representation
The parties may be accompanied or represented by legal counsel or another representative. A
party’s representative may present evidence and conduct examination of witnesses. A party’s
representative may not testify on behalf of a party. If a party designates a representative to present
evidence on the party’s behalf, then only the representative may present evidence at the hearing
(i.e., the party cannot also present evidence) (e.g., A witness offered by the Complainant can be
questioned by the Complainant, or the Complainant’s representative, but not both). Nothing herein
relieves the Complainant of the obligation to testify.
Code of Ethics §2-281 (c)(5).
Time Limitations
Closing Statements
The parties shall be permitted thirty (30) minutes per side to present all their witness testimony,cross-examine opposing witnesses, and present documentary evidence unless otherwise modified
by the Board.
Each party shall be permitted five (5) minutes to make a closing statement summarizing what they
believe the evidence at the final hearing proved or failed to prove. Complainant shall go first. Ofthe five (5) minutes allotted for closing, the Complainant may reserve a portion of that time to
provide a rebuttal.
I–ALili
Upon expiration of the timelines allotted and being satisfied that the record is complete, the
Chairperson shall declare the hearing closed. If additional evidence is required, the Chairperson
may seek to continue the hearing.
23 . Executive Session
The Board can go into executive session (i.e., conduct a closed-door meeting) at any point during a
meeting or hearing in accordance with the Texas Open Meetings Act, pursuant to Texas Government
Code § 551.071 (Consultation with Attorney), and/or § 551.074 (Personnel Matters). However, all
City of DentonRules of Procedure July 19, 2022
Board of Ethics
Page 11
decisions must be made in open session.
24. Deliberations
Upon the closing of a public hearing, the Board shall conduct deliberations. During deliberations,the Board may discuss the Complaint, any evidence and testimony that was submitted, and the
opinions of the Board members about the credibility of the information before the Board, and the
applicability of the Code of Ethics. Deliberations may be in open or closed session, but all decisions
must be made in open session.
25. Reliability of Evidence
The Board shall rely on evidence of which a reasonably prudent person commonly relies in the
conduct of the person’s affairs. The amount of weight given to any evidence or testimony shall
solely be at the discretion of the Board.
I
Because the burden of showing that a violation of the Code of Ethics occurred is placed on the
Complainant, 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 unless
it is held to determine if an Accepted Complaint is frivolous. A Complainant’s failure to testify at a
hearing, other than a hearing to determine frivolity, shall be grounds for dismissal of a Complaint.
Code of Ethics §2-281 (c) (4)
27. Determinations
Upon conclusion of deliberations, the Chairperson shall call for a motion. All votes will be voicevote, with the option for any member to request a roll call vote at any time.
If at any point during any proceeding or hearing of the Board, the Board determines that the complaintwas erroneously accepted because it was filed more than two (2) years after the date of the act or omission
(unless tolled pursuant to the ordinance), the Board shall dismiss the complaint and the Chairperson shallissue a Letter of Dismissal.
The Board is obligated to render its decision (i.e., imposing or recommending a sanction) within ten (10)
business days after the conclusion of a hearing at which the Board determined that a violation occurred.
The dismissal of a Complaint for any other reason must be communicated by the Chairperson in a Letterof Dismissal which sets forth the reasons for the dismissal.
Code of Ethics § 2-282(b).
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Board of Ethics
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28. . Reconsideration
Requests for reconsideration shall follow the procedure established in City of Denton Code of Ordinances,
Chapter 2, Article XI, Section 2-283 .
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Board of Ethics
Page 13July 19, 2022