22-1245ORDINANCE NO. 22-1245
AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CODE OFORDINANCES, RELATED TO CHAPTER 2, TITLED “ADMINISTRATION,” ARTICLEXI, TITLED “ETHICS,” TO UPDATE THE COMPOSITION REQUIREMENTS OF APANEL, CLARIFY WHAT IS INCLUDED IN THE CONTENTS OF AN ACCEPTEDETHICS COMPLAINT, AND CLARIFY THE PROCESS FOR RECOMMENDING AFRIVOLITY HEARING; PROVIDING FOR FINDINGS OF FACT: PROVIDiNGSEVERABILITY; PROVIDING A REPEALER CLAUSE, PROVIDING CODIFICATION;CONFIRMING PROPER NOTICE AND MEETING; AND PROVIDING FOR ANEFFECTIVE 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
(the “Code”); 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, on June 26, 2018, the City Council passed an amendment, clarifying
ineligibility to serve on the Board of Ethics in Section 2-277; and
WHEREAS, on June 2, 2020, the City Council repealed the previously adopted Chapter2, Article XI, entitled “Ethics,” in its entirety and replaced it with an amended Code.
WHEREAS, on January 25, 2022, the City Council passed an amendment, removingpreference qualifications for Members of the Board of Ethics; and
WHEREAS, the Board of Ethics, having heard and decided multiple complaints under
the Code, has met over five meetings to discuss proposed changes to the Code; and
WHEREAS, on June 7, 2022, the City Council considered the Board of Ethic’s
recommended changes to the Code; and
WHEREAS, the City Council finds the attached amended Code 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 ORDArNS:
SECTION 1. The foregoing recitals are incorporated into this Ordinance by reference
1
as findings of fact as if expressly set forth herein.
SECTION 2. The Code of Ordinances of the City of Denton, a Texas home-rule
municipal corporation, is hereby amended by repealing the previously adopted Chapter 2,
Article XI, entitled “Ethics,” in its entirety and replacing it with the amended Code as provided
in Attachment A, attached hereto and incorporated into this Ordinance.
SECTION 3. 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 portion of this Ordinance.
SECTION 4. 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 52.001of the Texas Local Government Code.
SECTION 5. 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.
SECTION 6. This ordinance shall become effective immediately upon its passage
and approval.
The motion to approve this ordinance wasby Jt b N iI BvvJb and secondedmade bythe ordinance was ;ed and approved by the9
following vote n - A
Aye
V/
/
t/
b/
V/
\/
,/
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:
PASSED AND APPROVED this the \C:\h d,y ,f 2022
2
GERARD HUDSPET Fi, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY ,\\\11111111FDE&+e+•••ee
,_/£Z_£'.
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY rON
1111111\
' DTt:: 2022.07.15 lo:30:15
ly signed by Scott
Attachment “ A“
CITY OF DENTON
CODE OF ORDINANCES
CHAPTER 2: ADMINISTRATION
ARTICLE XI. ETHICS
DIVISION 1, GENERAI /
Sec. 2-265. Authority
This Article is enacted pursuant to the authority granted to the City under Section 14.04 of theCharter.
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 administer and enforce the
City Charter and City Ordinances in an ethical manner. To ensure and enhance public confidencein our municipal government, each City Official must strive not only to maintain technical
compliance with the principles of conduct set forth in this Article, but to aspire daily to carry out
their duties objectively, fairly, and lawfully. Furthermore, this Article was enacted to ensure that
decision makers 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 Respondent.
Sec. 2-267. Prospective
This Article 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:
Page 1 of 20
(a)
(b)
City Officials;
Former City Officials whose separation from city service occurred less than one (1) yearfrom 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 submitted to the City Auditor and determined to be administratively
complete.
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 thisArticle 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 Article, or that does not provide evidence that, if true, would support a violation of thisArticle
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.
Page 2 of 20
Charged: to be charged with a violation of this Article is to have an Accepted Complaint deemedActionable.
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 OffIcial: 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
Adjustment, Historic Landmark Commission, or Public Utilities Board.
Code : the Code of Ordinances of the City of Denton, Texas, as such Code may be amended from
tIme to tlrne.
Complainant : the human individual who submitted a Complaint to the City.
Complaint : written documentation submitted to the City accusing a City Official of violating thisArticle.
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 CouncilMembers.
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 or polling places.
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.
Page 3 of 20
Interfere : a person interferes with a process or activity pertaining to this Article when they
intentionally and wrongfully take part in, or prevent, a City process or activity from continuing or
being carried 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,
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 property, 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, firms, partnerships, bodies politic, and corporate, as well as
individuals.
Recklessly : a person acts recklessly when they are aware of but consciously disregard a substantial
and unjustifiable risk that a certain result is probable from either their conduct, or in light of the
circumstances 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 member related to a City Official within the third (3rd) degree of affinity
(marriage) or consanguinity (blood or adoption) in accordance with Texas Government Code, Title
5, Subtitle B, Chapter 573.
Respondent-. a City Official who has been charged in a Complaint with having violated this Article.
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 property 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 property 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.
Page 4 of 20
DIVISION 2. RULES OF CONDUCT
Sec. 2-271. Expectations
The following list conveys the City Council’s expectations for City Officials. These expectations
are aspirational, and shall not serve as the basis for a Complaint.
(a)
(b)
(C)
City Officials are expected to conduct themselves 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 publicconfidence.
(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 thatthe person 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 Official, 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, LimitedPartnership, 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
Page 5 of 20
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 Deliberations 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 recuse 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;
where 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 definedas follows:
Conflicting Interest : 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 Business 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
Page 6 of 20
(F) serves on the Board of Directors (i.e., governing body) or as an Officer
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 amutual 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)
(5)
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 .
Exceptions. This definition shall not apply to the following, which are allowedunder 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;
Page 7 of 20
(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 beexpected 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 City Ofnciats. It shall be a violation of this Article for a City Official to
represent for compensation any person, group, or entity before a board or
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 City 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 after
termination of official duties. This prohibition applies to representation in the
form of advocacy or lobbying regarding discretionary approvals of the City, not
Page 8 of 20
routine, ministerial 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 thecourse 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 CityOfficial commenced service as a City Official 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.
(e)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 consideration, 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) assert the prestige of the official’s or employee's City position for the purpose ofadvancing or harming private interests;
(4) state or imply that the City Official is able to influence City action on any basis
other than the merits; or
(5) state or imply to state or local governmental agencies that the City Official is actingas 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 confidential 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 or
private financial interest of any Person.
(2)CouPdeNial Information. 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
Page 9 of 20
staff time for private purposes (including political purposes), except to the extent and
according to the terms that those resources are generally available to other citizens and
the City Officials 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) Harassment & 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.
(2)Interference. Interfere with any criminal or administrative investigation alleging
the violation of any provision of this Article, the City Charter, administrative
policy, or executive order in any manner, including but 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 oradministration 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 allegationsof 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’sOffice, maintain a Conflicts Log on an ongoing basis listing the Conflicting Interests
disclosed by City Officials in accordance with this Article. The log is a public record.
The City Auditor is neither authorized nor required to inspect or act upon the content of
the Conflicts Log.
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.
(C)
Page 10 of 20
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;
(2)when the City Council deems Special Counsel is necessary; or
(3) when action is being taken by the Board of Ethics regarding any council member.
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 bythis 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 Article.
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 CityCouncil.
(C)
(d)
Number. The Board of Ethics shall consist of seven (7) regular members, and three (3)alternate members.
Terms. Board of Ethics members (regular and alternates) shall be appointed for two (2)
year, staggered terms. Members may be reappointed for successive terms. Appointmentto fill a vacancy shall be for the remainder of the unexpired term. Members of the
inaugural Board of Ethics shall draw straws to determine which three (3) members shall
receive an initial term of one (1) year in order to stagger terms. In total, members may
only serve three (3) consecutive terms. A member may be reappointed no sooner than
one (1) year after expiration of a previous term.
Page 11 of 20
(e)
(f)
Eligibility. Membership on the Board of Ethics is limited to residents of the City ofDenton.
Ineligibility. 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 to a City Official 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 optionslisted 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 confirmation 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 wamanting 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) 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.
Page 12 of 20
(b)Issuance. A Panel 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 Respondent relied
upon an Advisory Opinion. In making a determination on the proper disposition of a
Complaint, the Board of Ethics may dismiss the Complaint if the Board finds that:
(1) the Respondent 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/or 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)
members 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 statements, and state:
(1) the name of the Complainant;
(2)
(3)
(4)
(5)
(6)
(7)
the street or mailing address, email address, and the telephone number of the
Complainant;
the name of each person Respondent of violating this Article;
the position or title of each person Respondent of violating this Article;
the nature of the alleged violation, including the specific provision of this
Article 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 Article.
Page 13 of 20
(e)Affidavit. A Complaint must be accompanied by an affidavit stating that the Complaint
is true and correct or that the Complainant has good reason to believe and does believe
that the facts alleged constitute a 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 beconstrued 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 empaneled 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 administrativelycomplete, 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 five (5) business days of
a Complaint being abandoned, the City Auditor shall send written notification to
the Complainant and the Respondent.
(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 thedate 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 Respondent, and the City Attorney; and
a copy of the complaint to the Respondent.
For purposes of this provision, a Complaint shall be considered Accepted when the City
Auditor has deemed the submittal administratively complete and timely.
Page 14 of 20
a)Confidentiality. A Complaint that has been submitted to the City is hereby deemed
confidential until such time as the Complaint is either dismissed or placed on an agendafor 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 Article 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 Respondent, 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.
(1)Retaliation Prohibited. After a Complaint has been filed, and during or after the
pendency before the Board of Ethics, it shall be a violation of this Article:
(1) For a City Official, Former City Official, or Vendor to directly or indirectly
discriminate against, harass, threaten, harm, damage, penalize, or otherwise retaliate
against any person who:
(A) Files a complaint regarding an alleged violation of this Article, or
(B) Testifies, assists, or participates in any manner in a proceeding or hearing underthis Article.
(2) The outcome of the original ethics complaint shall not be deemed relevant to the
complaint of retaliation itself.
Sec. 2-280. Preliminary Assessment
(a) 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 administratively
complete.
Page 15 of 20
(b)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. Board members who have previously submitted an Ethics
Complaint against the Respondent in a Preliminary Assessment shall not be assigned tothe Panel unless a majority of the Board members have previously submitted an Ethics
Complaint against the Respondent. 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 AcceptedComplaint, 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, wouldnot constitute a violation of this Article.
Actionable Complaints shall be returned to the Chairperson for listing on an agenda for apublic hearing to be held within thirty (30) calendar days of a Panel’s Actionabledetermination. Baseless Complaints shall be dismissed. Written notification of the
Panel’s determination shall be filed with the City Auditor and sent to the Chairperson, the
Complainant, the Respondent, and the City Attorney within two (2) business days.
Written notifications of dismissal shall include notice of the right to appeal.
(d)Recommendation to Determine Frivolity. Before filing notification of its
determination, the Panel may consider recommending a hearing first be held to determine
if an Accepted Complaint is frivolous. Written notification of the Panel’s
recommendation to hold a hearing to determine frivolity shall be filed with the City
Auditor and sent to the Chairperson, the Complainant, the Respondent, and the CityAttorney within two (2) business days. Hearings to determine frivolity shall be held
within thirty (30) calendar days of a Panel’s recommendation.
(e)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 Respondent, as applicable. An
appeal shall be perfected by filing a written notice of appeal with the City Auditor within
ten (10) 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 called 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 Chairperson (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:
Page 16 of 20
(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 is Frivolous.
(2)Purpose : The purpose of the hearing(s) shall be solely to determine whether:
(A) a violation of this Article occurred, and if so to assess the appropriate
sanctron;
(B) an Accepted Complaint was erroneously dismissed as Baseless by a Panel;and/ or
(C) an Accepted Complaint is Frivolous.
(3) Sworn Testimony : 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 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.
(5) Representation: The Respondent shall have a right to present a defense. Both the
Complainant and the Respondent have a right to be represented by legal counsel.
(d)Open Meetings. All meetings and hearings of the Board of Ethics, including Panel
deliberations, shall be conducted pursuant to the Texas Open Meetings Act. The Board
of Ethics may convene in Executive Session (i.e., 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 theBoard of Ethics.
(2) Parties : The Complainant and the Respondent are each entitled to one (1)
postponement without cause. Additional postponements shall be solely for goodcause 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.
Page 17 of 20
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
finding:
(1) the Complaint is Baseless;
(2) the alleged violation did not occur;
(3) the Respondent 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 Notiflcation. 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 Respondent of any steps to be taken to avoid futureviolations.
(2) 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.
(3)Letter of Reprimand. If the Board of Ethics finds that the violation:
(A) was minor and was committed knowingly, intentionally, or in disregardof this Article; or
(B) was serious and may have been unintentional.
(4)Recommendation 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) Ineligibility. 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
Page 18 of 20
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
Respondent, Complainant, City Auditor, City Attorney, and City Council.
(C)Frivolous.
(1)
(2)
Prohibition. It is a violation of this Article for a Person to submit a Frivolous
Complaint.
Hearing. A hearing shall be scheduled on frivolity if the Preliminary Panel
recommends an Accepted Complaint first be considered for frivolity. The
Complainant is not required to testify at a hearing to determine if their submitted
Complaint is frivolous.
(3)Super -Majority Vote. 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).
Upon finding that a Complaint is Frivolous, the Complaint is dismissed.
(4)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 Respondent is a Candidate or is involved with a
candidacy, if any;
(B)
(C)
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 Respondent and
the Complainant before the Complaint was filed;
(D)
(E)
(F)
if the Respondent is a Candidate for Election to Office, the existence
and nature of any relationship between the Complainant and any Candidate
or group opposing the Respondent;
any evidence that the Complainant knew or reasonably should have
known that the allegations in the Complaint were groundless; and
any evidence of the Complainant’s motives in filing the Complaint.
(5)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 defamation or abuse of
process.
Page 19 of 20
Sec. 2-283. Reconsideration
The Complainant or Respondent 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 party (Complainant or Respondent). 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 bears directly on the Board of Ethic’s previous
determination, 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
Chairperson shall unilaterally dismiss the request for reconsideration and provide notice to theParties
Sec. 2-284. Nepotism
(a) City Council. No Person shall be employed by the City who is a relative of any member
of the City Council within the third (3rd) degree of affinity or consanguinity.
(b) 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 jreservez/l
Page 20 of 20