HomeMy WebLinkAboutOrdinance No. 91-21 O1�DINANCE N0. 91-21
AN ORDINANCE AAOi�TING A COA� OF ETHICS GOV�RNING
CONDUCT OF OFFZCERS AND EMPLOYEES OF THE CITY OF
FRIENDSWOOD, TEXAS; MAKING CERTAIN FYNDINGSj PROVIDZNG
A PENAI,TY IN AN AMOUNT NUT TO EXCE�Q $504 FOR VIOLATION
OF CERTAIN PR4VISIONS THE�t�OF; AND PROVIDING �'OR
SEVERA.BZI,ImY.
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F3� IT ORDAIN�I? $Y THE CITY COUNCSb- 4F THE CITY 0�' �'RTENDSWQQD,
STATE OF T�XASs
Secti�ori _ ]. . That certazn "Code of 8thics for Tt�e City af
Fri�endswood, Texas, " dated June 24, 199I, a tirue and �orrec� copy
of wh�.ch is a�tached hereto as Exhibit "A" and for a13. things
made a part hereof, is hereby adopted.
�ec��on _ 2 . In �.he ev�ent �any sectifon, p�ragraph,
subdivis�,on, clause, phrase, provision, sentvnce, or part o€ thi.s
Ordinance, including Exhibit ��A�� hereto, or the appl,�cation of
the same to any person or circumstance shall for any reason be
adjudged invalid or held unconstitutional by a court of competenti
�ur�.sdiction, it shall noti affect, impair, or invaJ.idate this
Ordinance, i.ncluding Exhibit "A" hereto, as � whole or any part
or provi.sione hereof other �.han tihe part declared to be invalid
unconstitutiional and the City Council of tihe City of Friendswood,
Texas, declares that xt wou].d have passed each dnd evexy pax� o�
the same notwithstanding the omission of any such part thu�
declared to be invalid ox unconstitutional, or whether there be
one or more parts.
FASSED AND APPROVED on first reading �his -ist day oE
July � 194�.
PASSED, APPROVED, AND ADOPTED on second and fS.nal readinq
�his 5tn day of August � lgg�,
: �.�G!/.
au]. 5chrader, Mayor
AmT�ST:
De�arie P,rch� , CMC
�f�y �ecreta�y
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CODE OF ETHICS FOR
THE CITY OF FRIENDSWOOD, TEXAS
I . Declaration of Policy.
It is hereby found and determined by the City Council of the
City of Friendswood, Texas, that the proper operation of a
democratic government requires that public officers and employees
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 governmental officials.
In recognition of these goals, the following Code of Ethics for
all City officers and employees is adopted. The purpose of this
Code is to enumerate existing state law and City Charter
provisions which regulate the conduct and activities of City
officers and employees, and to promulgate such additional
standards as are deemed necessary and appropriate to assure the
faithful and impartial administration of the City's government.
II. Definitions.
For the purposes of this Code the following words, terms,
and phrases shall have the meanings ascribed thereto:
2 . 01. City Employee. Any person employed by the City,
including those individuals on a part-time basis, but such term
shall not be extended to apply to any independent contractor.
2 . 02 . City Officer. The Mayor, members of the City
Council, the City Manager, City Secretary, municipal court judge,
alternate judges, and substitute judges, 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:
(a) Zoning Board of Adjustment;
(b) Building Codes Board of Adjustment and Appeals;
(c) Charter Review Commission;
(d) Planning and Zoning Commission;
(e) Community Appearance Board;
(f) Construction Standards Arbitration Committee;
(g) Electrical Board;
(h) Library Board;
(i) Parks and Recreation Board;
( j ) Friendswood, Pearland, Alvin "Cloverfield" Aviation
Committee; and
(k) Fourth of July Steering Committee.
2 . 03. City Official. A City officer or City employee.
III. State Laws Governing Conduct.
3.01. Conflicts of Interest.
3 .01. 01. Pursuant to §171. 001 et seq. , Texas Local
Government Code, a local public 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 official must file the
affidavit with the City Secretary, and is required to abstain
from any further participation in the matter if ( 1) the proposed
action would have a special economic effect on the business
entity that is distinguishable from the effect on the public, or
(2) 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
members of the entity are likewise required to and do file
af f idavits .
3.01. 02 . A substantial interest in a business entity exists
when the official (a) owns ten percent (10�) or more of the
voting stock or shares of the business entity, or (2) owns ten
percent (10�) or more or $5,000 or more of the fair market value
of the business entity, or (3) has received from the business
entity funds which exceed ten percent ( 10�) of the official's
gross income for the prior year.
3 .01. 03. A substantial interest in real property exists
when the official has an equitable or legal interest in such
property which has a fair market value of $2,500 or more.
3 . 01. 04 . A local public 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.
3 . 01.05 . It is an offense for a local public official to
act as a surety for a business entity that is contracting with
the City, or to act a a surety on any official bond required of
an officer of the City. §171. 003.
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3.01.06 . A local public 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. §171. 002(c) .
3.01. 07 . The provisions of §171.001 et seq. , are in
addition to any other municipal charter provisions or municipal
ordinances defining and prohibiting conflicts of interest.
3.02 . 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 public
servant 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 i.mposed by law on a
public servant. §35 .02, Penal Code.
3.03 . Gifts to Public Servants .
3.03. 01. 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. §36 . 08(a) , Penal Code.
3.03.02 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. §36 . 08(c) , Penal Code.
3.03.03. 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 diseretion. §36 . 08(d) , Penal Code.
3. 03.04 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. §36 .08(e) , Penal Code.
3.03 . 05. Exceptions to Gifts to Public Servants
The provisions of §36 .08, Penal Code, described in 3.03.01
through 3. 03 .04 above, do not apply to ( 1) fees prescribed by law
to be received by the public official or any other benefit to
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which the official is lawfully entitled and for which he has
given legitimate consideration; (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; (3) certain honorariums in consideration of legitimate
services; (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 §251. 011 and §251.012, Texas Election Code, if
the benefit and source of any benefit exceeding fifty dollars
($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. §36 . 10, Penal Code.
3.04 . 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. §37 . 10, Penal Code.
3.05 . Impersonating Public Servant.
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. §37 . 11,
Penal Code.
3 .06 . 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 the information or to
speculate or aid another in speculating on the basis of the
information. §39 . 03, Penal Code.
3 .07 . Disruptinq Meeting or Procession.
It is unlawful for any person, with intent to prevent or
disrupt a lawful meeting, to obstruct or interfere with the
meeting by physical action or verbal utterance. §42 .05, Penal
Code.
3.08 . 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
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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. �39 . 02, Penal Code.
3.09 . 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 any thing of value belonging to the government that
has come into his custody or possession by virtue of his office
or employment. §39 . 01, Penal Code.
3 . 10. Nepotism.
It is unlawful for any City official to appoint, or vote for
the appointment, to any office, employment or duty, of 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 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 officer or member related to such employee in
the prohibited degree: ( 1) at least thirty (30) days, if the
officer or member is appointed, or (2) at least six (6) months,
if the officer or member is elected.
When a person is allowed to continue in an office, position,
or duty because of an exception above, 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. Art. 5996a, Tex. Rev. Civ. Stat.
Ann.
3. 11. 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 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
( 10) days prior to the acquisition. Art. 6252-9e, Tex. Rev. Civ.
Stat. Ann.
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IV. City Charter Provisions GoverninQ Conduct.
4 . 01. Financial Interest in Contract.
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.
§11. 03, Friendswood Charter.
4. 02 . Holding Other Office.
Except where authorized by law, no mayor or councilmember
shall hold any other City office or City employment during his or
her term of office, nor shall they hold any compensated City
of f ice or employment until one ( 1) year after the expiration of
their term. §3. 08(a) , Friendswood Charter.
4 . 03. 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. �3.08(b) ,
Friendswood Charter.
4.04 . Interference With Administration.
Except pursuant to an investigation as provided in Section
3. 16 of the Friendswood 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. �3 .08(c) , Friendswood Charter.
4. 05 . 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. �4 .06(c) , Friendswood Charter.
4 .06 . Political Contributions to City Campaigns
Appointive City officers 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. §4.06 (c) , Friendswood
Charter.
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4 . 07 . 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
other valuable thing to another for or on account of or in
connection with his appointment or promotion, or any examination
conducted therefor. §4 .06 (c) , Friendswood Charter.
4 . 08. Sanctions for Violation of Charter Provision.
4 . 08.01. Mayor and Councilmembers.
The mayor or any councilmember who violates any express
prohibition contained in the City Charter forfeits the office
held. §3 . 06(b)
4 . 08.02 . City Officials .
Any City official, either individually or in concert with
others, willfully violating any provision contained in §4.07(c) ,
Friendswood Charter, shall be ineligible for appointment or
election to any position in the City for a period of four (4)
years, and shall immediately forfeit the office or position then
held. �4. 06(c) , Friendswood Charter.
V. Additional Standards of Conduct.
In order to more fully effectuate the policy declared in
Article I hereof, 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.
5.01. 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.
5 .02 . 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.
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5.03. Appearances by Past Officials .
No City official, holding a position which involves
significant decision-making, advisory, or supervisory
responsibility, shall, within twelve (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.
5.04 . Securing Special Privileges.
No City official shall use his official position to secure
special privilege or exemption for himself or others .
5 .05. 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.
5 . 06 . 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 .
5 . 07 . 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.
5 .08. 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.
5.09 . 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.
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VI. Violations .
6 .01. Penalties for violations of conduct described in
Article III hereof are as set forth in the applicable statutory
provision.
6 .02 . Penalties for violations of conduct described in
Article IV hereof are as set forth in Section 4 hereof.
6 .03 . Any person violating any standard contained in
Article V hereof shall be deemed guilty of a misdemeanor and,
upon conviction thereof shall be fined in an amount not to exceed
$500 . Each day of violation shall constitute a separate offense.
Date: June 24, 1991
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