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23-2251FILE REFERENCE FORM X Additional File Exists Additional File Contains Records Not Public, According to the PubLic Records Act Other FILE(S)Date Initials Ze,- I oS f 72 - aSC 22 - lay f 23-II as ORDINANCE NO. 23_2251 AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CODE OF ORDINANCES, RELATED TO CHAPTER 2, TITLED “ADMINISTRATION,” ARTICLE XI, TITLED “ETHICS,” TO ELiMrNATE THE ALTERNATE MEMBER POSITIONS; PROVIDING FOR FINDINGS OF FACT; PROVIDING SEVERABILITY; PROVIDING A REPEALER CLAUSE, 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, codified in Chapter 2, Article Xl of the City of Denton Code of Ordinances, to foster a culture of integrity for those who serve the municipality and our citizenry (the “Code”); and WHEREAS, the Code represented 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appointed by the City Council, and Vendors; and WHEREAS, on June 2, 2020, by Ordinance No. 20-1035, the City Council repealed the previously adopted Chapter 2, Article XI, entitled “Ethics,” in its entirety and replaced it with an amended Code; and WHEREAS, on January 25, 2022, by Ordinance No. 22-056, the City Council passed an amendment removing preference qualifications for Members of the Board of Ethics; and WHEREAS, on July 19, 2022, by Ordinance No. 22-1245, the City Council passed an amendment updating the composition requirements of a panel, clarifying what is included in the contents of an accepted ethics complaint, and clarifying the process for recommending a frivolity hearing; and WHEREAS, on July 18, 2023, by Ordinance No. 23-1165, the City Council passed an amendment clarifying gift disclosure requirements, adding to the definition of conflict of interest recent offers of employment, clarifying he process to submit business disclosures, and requiring the City Auditor to provide a copy of an Accepted Complaint to the Complainant; and WHEREAS, in order to enhance governmental efficiency and facilitate expedient appointment of future board member vacancies, the City Council deems it in the public interest to amend Chapter 2 Article, XI, Section 2-277 and eliminate the Board alternate member positions; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are found to be true and are incorporated herein by reference as if fully set forth in the body of this ordinance. SECTION 2. Chapter 2, Article XI of the Code of Ordinances of the City of Denton is hereby amended by striking Section 2-277 in its entirety and replacing it with the following: “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) (d) Number . The Board of Ethics shall consist of seven (7) regular members. Terms . Board of Ethics members 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 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. (e)Eligibility . Membership on the Board of Ethics is limited to residents of the City of Denton. (f)Ineligibility . The following shall disqualify a person from serving on the Board of Ethics: (1) (2) (3) current service as a City Official; separation from city service as a City Official within two (2) years of the apporntrnent; familial relations to a City Official within the third (3rd) 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)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. (h) (1) a) 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. (k) Removal I 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.” SECTION 3. All prior ordinances, resolutions, amendments, policies, or guidelines that conflict with this amendment are hereby rescinded and repealed in whole or in part to the extent necessary to give full effect to his amendment. SECTION 4. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or its application thereof to any person or circumstance is determined to be invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, as the remaining portions are enacted in spite of any such invalidity. SECTION 5. Save and except as amended hereby, all portions of the Code of Ordinances shall remain in effect. SECTION 6. 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 7. Upon the effective date of this ordinance, the City Secretary shall cause the codification of the provisions contained herein into the City of Denton Code of Ordinances. SECTION 8. This ordinance shall become effective immediately upon its passage and approval. [Rest of page intentionally left blank. Signatures to appear on following page.] T ;;Jr== iJ : :o at:::: t h Flo: dd:: e vv IINs: 1:Fed : rEn icT iv ; s P a lee JElpRoved BeEEfi : vote U D1 Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: ,/ J4 -J--1 / I'ni th p, , PASSED AND APPROVED thi,the l'I'-' day of Deccw\b'/2023 dMZ_„* ATTEST: JESUS SALAZAR, CITY SECRETARY L\\\IIly IIII I APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY g#gZ–2023.1 1.27 Scott Bray BY: cy 1 0:41 :03 -06’00’