HomeMy WebLinkAboutOrdinance No. 2006-02 (Title: An ordinance prohibiting appointive city officers and city employees who are
removal at will from using their city office of position of employment to promote or oppose
candidates or propositions subject to pending city elections.)
ORDINANCE NO. 2006-02
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF FRIENDSWOOD, TEXAS, BY ADDING TO ARTICLE IV OF
CHAPTER 2 THEREOF A NEW SECTION 2-158; PROVIDING THAT
CITY EMPLOYEES AND APPOINTIVE CITY OFFICIALS WHO DO
NOT SERVE FOR DEFINED TERMS OF EMPLOYMENT OR
APPOINTIVE OFFICE, AND WHO ARE SUBJECT TO REMOVAL
FROM THEIR EMPLOYMENT OR APPOINTIVE OFFICE WITHOUT
CAUSE, ARE PROHIBITED FROM UTILIZING THEIR TITLE OR
STATUS AS CITY EMPLOYEES OR APPOINTED CITY OFFICIALS TO
PROMOTE OR OPPOSE ANY PROPOSITION OR CANDIDATE IN ANY
PENDING CITY ELECTION; PROVIDING EXCEPTIONS; PROVIDING
FOR REMOVAL FROM EMPLOYMENT OR APPOINTIVE OFFICE
FOR VIOLATIONS; AND PROVIDING FOR SEVERABILITY.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. The Code of Ordinances of the City of Friendswood, Texas, is hereby
amended by adding to Article IV of Chapter 2 thereof a new Section 2-158 to provide as follows:
"Sec. 2-158. Use of official title bv City Emplovees and Appointed
City Officials for Political Purposes Prohibited. City Employees and
Appointed City Officials who do not serve for defined terms of office, and who
are subject to removal from their employment or appointive office without cause,
are prohibited from utilizing their title or status as City Employees or Appointed
City Officials to promote or oppose any proposition or candidate in any pending
City election. Nothing contained herein shall be construed to prohibit or limit any
City Employee or Appointive City Official from exercising discretion in the
performance of the duties of the employment or office held, or, when customary
and in the ordinary course of performing such duties of employment or office, to
express opinions or disseminate information. Provided further, nothing contained
herein shall be construed as limiting rights granted to employees or groups of
employees pursuant to state or federal law.
For the purposes of this Section, a City Employee or Appointive City
Official shall be deemed to be "utilizing their title or status" when, in expressing
their opinion regarding a proposition or candidate in a pending City election, they
do so while dressed in a City uniform, while on duty or otherwise in the process
of exercising a duty of their employment of office, or by displaying any sign,
bumper sticker, or other written expression of such opinion upon any City owned
vehicle, or by affixing or displaying any City seal or insignia, or description or
identification of the position of employment or appointive office held, in any
written document published or otherwise made available for public inspection.
Any person who shall violate any provision of this Section shall be subject
to immediate termination of employment or immediate removal from appointive
office."
Section 2. Severabilitv. In the event any clause phrase, provision, sentence, or part of
this Ordinance or the application of the same to any person or circumstances shall for any reason
be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect,
impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part
declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas,
declares that it would have passed each and every part of the same notwithstanding the omission of
any such part thus declared to be invalid or unconstitutional,whether there be one or more parts.
PASSED AND APPROVED on first reading this 20th day of March 2006.
PASSED,APPROVED, and ADOPTED on second and final reading this 3�d day
of Apri12006.
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Kimball W. Brizendine
Mayor
ATTEST: O� FR�ENO�,
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D loris McKenzie, TRM * *
City Secretary
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