23-2251FILE REFERENCE FORM
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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WHEREAS, on June 2, 2020, by Ordinance No. 20-1035, the City Council repealed the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:
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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’