HomeMy WebLinkAboutOrdinance No. 2004-18 Title: An ordinance adopting a Code of Ethics governing the conduct of City
Officers and City Employees; providing for a penalty not to exceed $500.00 for
violations of certain provisions hereof; and providing for severability.
ORDINANCE NO. 2004-18
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS
ADOPTING A CODE OF ETHICS GOVERNING THE CONDUCT
OF OFFICERS AND EMPLOYEES OF THE CITY OF
FRIENDSWOOD; REPEALING ORDINANCE NO. 91-21 PASSED
AND APPROVED THE 5� DAY OF AUGUST 1991, SAME BEING
AN ORDINANCE ADOPTING A CODE OF ETHICS APPLICABLE
TO CITY OFFICERS AND EMPLOYEES; REPEALING
ORDINANCE NO. 98-35 PASSED AND APPROVED THE 2� DAY
OF NOVEMBER, 1998, SAME BEING AN ORDINANCE
AMENDING ORDINANCE NO. 91-21; REPEALING ALL OTHER
ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT
OR IN CONFLICT HEREWITH; PROVIDING A PENALTY IN AN
AMOUNT NOT TO EXCEED FIVE-HUNDRED DOLLARS
($500.00) FOR VIOLATION OF CERTAIN PROVISIONS
HEREOF; AND PROVIDING FOR SEVERABILITY.
* * * * * * * * * * *
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
Section 1. Article IV of Chapter 2 of the Code of Ordinances of the City of
Friendswood, being the Code of Ethics governing the conduct of Officers and Employees
of the City is hereby deleted in its entirety and the following language is substituted in its
place:
Section 2-106. 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:
Appointive city official shall mean the City Attorney, Municipal Court
Judges, Election Judges, City Manager and City Secretary.
Ciry associate shall mean any all City Employees, City Officials, and all
persons serving on any board, commission, or committee of the City.
City employee shall mean any person employed by the City, including
those individuals employed on a part-time basis, but such term shall not be
extended to apply to any independent contractor.
City officer shall mean the Mayor, members of the City Council, the City
Manager, City Secretary, Municipal Court Judge, department and deputy
department heads, and where no deputy department head serves, the first
principal assistant of such department, and such additional City employees
as the City Council shall name, and members and alternate members of
each of the following boards, commissions, and committees:
(1) Zoning Board of Adjustment;
(2) Construction Board of Adjustment and Appeals;
(3) Charter Review Commission; and
(4) Planning and Zoning Commission.
City official shall mean a City Officer or City employee.
Section 2-107. Declaration of policy.
It is hereby found and determined by the City Council that the proper
operation of a democratic government requires that City Officials be
independent, impartial, and responsible to the people; that the
government's decisions and policies be made within the proper channels of
the governmental structure; that a public office not be used for personal
gain; and that the public have confidence in the integrity of its government
and its City Officials. In recognition of these goals, a code of ethics for all
City Officials, City Associates, and Appointive City Officials is adopted,
as set out in this article. The purpose of this article is to enumerate existing
state law and City Charter provisions which regulate the conduct and
activities of City Officials, City Associates and Appointive City Officials
and to promulgate such additional standards as are deemed necessary and
appropriate to assure the faithful and impartial administration of the City's
government.
Section 2-108. Conflicts of interest--Filing of affidavit.
Pursuant to V.T.C.A., Local Government Code § 171.001 et seq., a City
Official having a substantial interest in a business entity or piece of real
property must file, before any vote or decision is made on any matter
affecting the business entity or real property, an affidavit stating the nature
and extent of the interest. The City Official must file the affidavit with the
City Secretary, and is required to abstain from any further participation in
2
the matter if the proposed action would have a special economic effect on
the business entity that is distinguishable from the effect on the public, or
if it is reasonably foreseeable that the action would have a special
economic effect on the value of the real property which is distinguishable
from its effect on the public. An exception to the abstention rule is
provided in cases where a majority of inembers of the entity are likewise
required to and do file affidavits. The provisions of V.T.C.A., Local
Government Code § 171.001 et seq., are in addition to any other municipal
Charter provisions or municipal ordinances defining and prohibiting
conflicts of interest.
Section 2-109. Same--"Substantial interest" defined.
(a) A substantial interest in a business entity exists when a City
Official:
(1) Owns ten percent or more of the voting stock or shares of the
business entity; or
(2) Owns ten percent or more or $5,000.00 or more of the fair market
value of the business entity; or
(3) Has received from the business entity funds which exceed ten
percent of the official's gross income for the prior year.
(b) A substantial interest in real property exists when a City Official
has an equitable or legal interest in such property which has a fair market
value of$2,500.00 or more.
(c) A City Official is considered to have a substantial interest if a
person related to the official in the first degree by consanguinity or affinity
has a substantial interest.
(d) For purposes of this Section2 a " City Official" means a member of
the City Council or other official of the City, paid or unpaid, who
exercises responsibilities which are more than advisory only. A "business
entity" means any entity recognized by law.
Section 2-110. Same--Acts prohibited.
It is an offense for a City Official to act as a surety for a business entity
that is contracting with the City, or to act as a surety on any official bond
required of an officer of the City.
3
Section 2-111. Unlawful benefits constituting bribery.
It is unlawful for a City Official to accept or agree to accept:
(1) Any benefit as consideration for a decision, opinion,
recommendation, vote or other exercise of discretion as a City Official; or
(2) Any benefit as consideration for a decision, vote, recommendation
or other exercise of official discretion in a judicial or administrative
proceeding; or
(3) Any benefit as consideration for a violation of a duty imposed by
law on a City Official.
Section 2-112. Gifts to public servants.
(a) It is unlawful for a City Official to solicit, accept, or agree to
accept any benefit from a person the official knows is subject to
regulation, inspection or investigation by the official or the City.
(b) In the event of litigation involving the City, it is unlawful for any
City Official to solicit, accept, or agree to accept any benefit from a person
against whom the official knows litigation is pending or contemplated by
the official or the City.
(c) It is unlawful for a City Official who exercises discretion in
connection with contracts, purchases, payments, claims or other pecuniary
transactions of government to solicit, accept, or agree to accept any benefit
from a person the official knows is interested in or likely to become
interested in any contract, purchase, payment, claim or transaction
involving the exercise of his discretion.
(d) It is unlawful for a City Official who has judicial or administrative
authority, is employed by or in a tribunal having judicial or administrative
authority, or who participates in the enforcement of the tribunal's decision,
to solicit, accept, or agree to accept any benefit from a person the official
knows is interested in or likely to become interested in any matter before
the official or tribunal.
(e) Ezceptions. The provisions of V.T.C.A., Penal Code § 36.08,
described in subsections (a) through(d) of this section, do not apply to:
(1) Fees prescribed by law to be received by the City Official or any
other benefit to which the official is lawfully entitled and for which he has
given legitimate consideration; or
4
(2) Gifts or other benefits conferred on account of kinship or personal,
professional or business relationships independent of the official's status
with the City; or
(3) Certain honorariums in consideration of legitimate services; or
(4) Benefits consisting of food, lodging, transportation or
entertainment accepted as a guest and reported as required by law; or
(5) Benefits for which statements must be filed pursuant to V.T.C.A.,
Election Code §§ 251.011 and 251.012, if the benefit and source of any
benefit exceeding $50.00 is reported and the benefit is used solely to
defray expenses which accrue in the performance of duties or activities in
connection with the office which are nonreimbursable by the City.
Section 2-113. Tampering with governmental records.
It is unlawful for any person to knowingly make a false entry in, or false
alteration of, a governmental record, or to make, present or use any record,
document or thing with knowledge of its falsity with the intent that it be
taken as a genuine governmental record, or to intentionally destroy,
conceal, remove or otherwise impair the verity, legibility or availability of
a governmental record.
Section 2-114. Impersonating public official.
It is unlawful for any person to impersonate a City Official with intent to
induce another to submit to his pretended official authority or to rely on
his pretended official acts.
Section 2-115. Misuse of official information.
It is unlawful for a City Official, in reliance on information to which he
has access as a result of his office and which has not been made public, to
acquire or aid another in acquiring a pecuniary interest in any property,
transaction or enterprise that may be affected by such information or to
speculate or aid another in speculating on the basis of such information.
Section 2-116. Disrupting meeting.
It is unlawful for any person, with intent to prevent ar disrupt a lawful
meeting, to obstruct or interfere with the meeting by physical action or
verbal utterance.
5
Section 2-117. Official oppression.
It is unlawful for a City Official to intentionally subject another to
mistreatment or to arrest, detention, search, seizure, dispossession,
assessment or lien that he knows is unlawful, to intentionally deny or
impede another in the exercise or enjoyment of any right, privilege, power
or immunity, knowing his conduct is unlawful, or to intentionally subject
another to sexual harassment.
Section 2-118. Official misconduct.
It is unlawful for a City Official, with intent to obtain a benefit or with
intent to harm another, to intentionally or knowingly violate a law relating
to his office or employment or to misapply anything of value belonging to
the government that has come into his custody or possession by virtue of
his office or employment
Section 2-119. Nepotism.
It is unlawful for any City Official to appoint, or vote for the appointment
of, to any office, employment or duty, any person related within the
second degree by affinity or within the third degree by consanguinity to
the person so appointing or so voting, or to any other member of a board
or governing body to which the person so voting or appointing may be a
member, when the salary, fees or compensation of such appointee is to be
paid out of public funds. An exception to this section is provided for
persons who have been continuously employed in such office,
employment or duty for the following periods prior to the election or
appointment, as applicable, of the City Official or member related to such
employee in the prohibited degree: at least 30 days, if the City Official or
member is appointed; or at least six months, if the City Official or member
is elected.
When a person is allowed to continue in an office, position or duty
because of an exception under this section, the officer who is related to
such person in the prohibited degree shall not participate in the
deliberation or voting upon the appointment, reappointment, employment,
confirmation, reemployment, change in status, compensation or dismissal
of such person if such action applies only to such person and is not taken
with respect to a bona fide class or category of employees.
Section 2-120. Disclosure of interest in property.
It is unlawful for a City Official, or a person elected, appointed or
employed as a City Official but for which office such person has not yet
qualified, to fail to make public disclosure of any legal or equitable
6
interest he may have in property which is acquired with public funds,
provided such official has actual notice of the acquisition or intended
acquisition. The public disclosure required is the filing of an affidavit with
the county clerks of all counties in which the property is located and
wherein the official resides at least ten days prior to the acquisition.
Section 2-121. City Charter provisions governing conduct.
(a) Generally.
(1) Financial interest in contracts. City Officials are prohibited from
having any financial interest, direct or indirect, in any contract with the
City, or from being financially interested, directly or indirectly, in the sale
to the City of any land, materials, supplies or service.
(2) Holding other office. Except where authorized by law, no mayor
or councilmember shall hold any other City office or City employment
during his term of office, nor shall they hold any compensated City office
or employment until one year after the expiration of their term.
(3) Appointments and removals. Members of the City Council,
individually and collectively, are prohibited from dictating the
appointment or removal of any City administrative officer or employee
whom the City Manager or any of his subordinates are empowered to
appoint.
(4) Interference with administration. Except pursuant to an
investigation as provided in section 3.16 of the Charter, members of the
City Council, individually or collectively, are prohibited from dealing with
City Officers and employees who are subject to the direction and
supervision of the City Manager, and are prohibited from issuing orders to
any such officers or employees, either publicly or privately.
(5) Discrimination. City Officials are prohibited from discriminating
against any person employed by the City or seeking appointment thereto
because of race, sex, or political or religious opinions or affiliations.
(6) Political contributions to city campaigns. Appointive City
Officials and City Employees are prohibited from making any contribution
to the campaign fund of any person seeking election to a City office or to
any political party supporting a candidate to a City office.
(7) Gift in favor of appointment. Persons seeking appointment to or
promotion in the administrative service of the City are prohibited from
directly or indirectly giving, rendering or paying any money, service or
7
other valuable thing to another for or on account of or in connection with
his appointment or promotion, or any examination conducted therefor.
(8) Pertaining to executive sessions. The personal recording of
information of a confidential nature shall be limited to handwritten notes
and such may be used for personal review purposes only, and shall not be
shared with individuals who did not participate in that executive session.
No duplicates, copies, transcripts, notes, or other disclosure shall be made
of the City's official confidential tape recording of executive session,
except by the order of a court. In addition, copies of notes and other
memoranda are not permitted and shall not be made, except to provide
them to the City's attorney in connection with litigation, or by the order of
a court requiring the disclosure of such information.
(b) Sanctions for violation of Charter provisions.
(1) Mayor and councilmembers. The mayor or any councilmember
who violates any express prohibition contained in the City Charter forfeits
the office held.
(2) City officials. Any City Official, either individually ar in concert
with others, willfully violating any provision contained in section 4.06(c)
of the Charter shall be ineligible for appointment ar election to any
position in the city for a period of four years, and shall immediately forfeit
the office or position then held.
Section 2-122. Use of official title.
(a) Appointive City Officials, City Officers, City Employees, and City
Associates are prohibited from utilizing their title or status as an
Appointive City Official, City Official, City Employee, or City Associate,
either orally or in writing, in connection with the expression of any
opinion in connection with any City related issues, including City policies
and procedures, any candidate for City office or proposition subject to a
pending City election. Nothing in this Section shall be construed to
prohibit the Mayor, City Manager, City Council or other authorized
individual from taking a position on behalf of the City with regard to
pending legislation or other issues at either the State or Federal level.
(b) Any City Officer's use of an official title or status as described in
subsection (a) above shall not constitute a violation of this section if the
City Council takes formal action, at a public meeting of the City Council
held pursuant to a properly posted agenda for same, to state an official
position of the City Council related to a specific issue, so long as that City
Officer's use of the title or status is consistent with official position taken
by the City Council.
8
Section 2-123. Additional standards of conduct.
In order to mare fully effectuate the policy declared in section 2-107, to
assure that all City Officials act and conduct themselves both inside and
outside the City's service so as to give no occasion for distrust of their
integrity, and to avoid even the appearance of impropriety by any City
Official, the following additional standards of conduct are adopted:
(1) Gifts. No City Official shall accept or solicit any gift or favor that
might reasonably tend to influence that individual in the discharge of
official duties or that the official knows or should know has been offered
with the intent to influence or reward official conduct.
(2) Appearances on behalf of private interests. No City Official
shall represent or appear in behalf of private interests of others before any
agency of the City, or any City board, commission or committee,
concerning any case, project or matter over which the official has
exercised discretionary authority, nor shall he represent any private
interest of others in any action or proceeding involving the City, nor
voluntarily participate on behalf of others in any litigation to which the
City is a party.
(3) Appearances by past officials. No City Official holding a position
which involves significant decision-making, advisory or supervisory
responsibility shall, within 12 months following the termination of his
service with the City, represent or appear on behalf of private interests of
others before the City or any agency thereof concerning any case, project
or matter over which the official has exercised discretionary authority.
(4) Securing special privileges. No City Official shall use his official
position to secure a special privilege or exemption for himself or others.
(5) Grant of special consideration. No City Official shall 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. This shall
not prevent special considerations granted for the purpose of creating
incentives necessary to secure or retain employees.
6) Disclosure or use of confidential information. No City Official
shall disclose any confidential information gained by reason of his office
or employment with the City, concerning any property, operation, policy
or affair of the City, or use such confidential information to advance any
personal interest, financial or otherwise, of such official or others.
9
(7) Incompatible outside activities. No City Official shall engage in
any outside activity which will conflict with, or be incompatible with, his
City office or employment.
(8) Incompatible employment. No City Official shall accept outside
employment which is incompatible with the full and proper discharge of
his duties and responsibilities with the City or which might impair his
independent judgment in the performance of his public duty.
(9) Use of city property for personal use. No City Official shall use
City supplies, equipment, vehicles or facilities for any purpose other than
the conduct of official City business, unless otherwise specifically
provided for by law, ordinance or City policy.
Section 2-124. Violations; penalties.
(a) Penalties for violations of conduct described in sections 2-108
through 2-120 are as set forth in the applicable state law.
(b) Penalties for violations of conduct described in section 2-121 are
as set forth in such section.
(c) Any person violating any standard contained in section 2-122 shall
be deemed guilty of a misdemeanor and, upon conviction thereof, shall be
fined in an amount not to exceed $500.00. Each day of violation shall
constitute a separate offense.
Section 2. 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 ar 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.
Section 3. Ordinance No. 91-21, passed and approved on the St" day of
August 1991, and Ordinance No. 98-35, passed and approved on the 2°d day of
10
November 1998, are hereby repealed in their entirety. All other ordinances or parts of
ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or
conflict, hereby repealed.
PASSED AND APPROVED on first reading this 20th day of September 2004.
PASSED, APPROVED, and ADOPTED on second and final reading this 18th
day of October 2004.
�
c ,.
�
Kimball W. Brizendine, Mayor
ATTEST:
. �
�
Del ris McKenzie, TRMC
City Secretary
11