ORDINANCE NO. 461
AN ORDINANCE OF THE CITY
OF GRANITE SHOALS, TEXAS, PROVIDING FOR ADOPTION OF CODE OF ETHICS, INCLUDING DEFINITIONS,
STANDARDS OF CONDUCT, INTEREST IN PROPERTY ACQUIRED WITH PUBLIC FUNDS,
NEPOTISM, HONORARIUMS, GIFTS, CITY RECORDS,
MISUSE OF OFFICIAL
INFORMATION, ETHICS REVIEW COMMISSION, ROLE OF THE CITY ATTORNEY, COMPLAINT
PROCESS, HEARING PROCESS, SANCTIONS AND VIOLATIONS AND DISTRIBUTION AND PROOF
OF COMPLIANCE; PROVIDING FOR AN EFFECTIVE DATE; PROPER NOTICE OF MEETING;
SEVERABILITY CLAUSE AND REPEALER CLAUSE.
WHEREAS, statutory
provisions governing the ethical conduct of public officials and employees are
found in various codes including the Texas Local Government Code, the Texas
Government Code and the Texas Penal Code; and
WHEREAS, the
City Council of the City of Granite Shoals (“City”) finds it desirable and
necessary to adopt a comprehensive ethics ordinance that sets out the statutory
parameters relating to the conduct of public officials and employees in one
easily accessible location; and
WHEREAS, the
Council believes that a position in government is a position of public trust
that demands a high standard of behavior; and
WHEREAS,
each employee and official of the City of
WHEREAS, the City seeks to promote personal
integrity, honesty and ethical conduct in all activities undertaken by City employees
and officials through the adoption of this Ordinance; and
WHEREAS, the City seeks to inspire
public confidence and trust in City officials and employees through the
adoption of this Ordinance;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SECTION 1. RECITALS
The Council hereby finds that the statements set forth in
the recitals of this Ordinance are true and correct, and the Council hereby
incorporates such recitals as part of this Ordinance.
SECTION 2. ADOPTION
OF CODE OF ETHICS
That the following Code of Ethics for the City of
Section 2.1 Definitions
The terms used in this Article shall have the following
meanings:
Business Entity means a sole proprietorship,
partnership, firm, corporation, holding company, joint-stock company, receivership,
trust, or any other entity recognized by law.
Candidate This term has the meaning assigned by section 251.001,
Election Code.
City Official means the Mayor, every member of
the City Council, the City Manager, the City Secretary, the City Attorney, the
City Engineer and all members of any commission, committee, or board appointed
by the City Council or the Mayor.
Confidential Information means
any information that a City Official would be privy to because of the
official's position but otherwise is not available to the public under the
provisions of the Texas Public Information Act (Tex. Gov't Code ch. 552).
Conflict Disclosure Statement means
the Texas Ethics Commission disclosure statement required by Chapter 176 of the
Local Government Code.
Conflict of Interest Questionnaire means
the Texas Ethics Commission conflicts of interest form required by Chapter 176
of the Local Government Code.
Economic Benefit means taxable income or any
money, real or personal property, contract rights, sale, lease, option, credit,
loan, discount, service, or any other tangible or intangible thing of value,
whether similar or dissimilar to those enumerated.
Economic Interest means a legal or equitable
interest in real or personal property or a fiduciary obligation to such
property or contractual right in such property that is more than minimal or
insignificant and would be recognized by reasonable persons to have weight in
deciding a case or an issue. Service by
a City Official as an officer, director, advisor, or otherwise active
participant in an educational, religious, charitable, fraternal, or civic
organization does not create an Economic Interest in the property of that
organization. Ownership of an interest
in a mutual or common investment fund that holds securities or other assets is
not an Economic Interest in the securities or other assets unless the City
Official participates in the management of the fund. A City Official does not have an Economic
Interest in a matter if the economic impact on the City Official is
indistinguishable from the impact on the public or on the particular group
affected by the matter.
Family Member means the spouse, parent or
child, and the parents of a spouse, City Official, or appointee.
Gift means a favor, hospitality, or economic
benefit other than compensation but which does not include campaign
contributions reported as required by state law, gifts received from a relative
if given on account of kinship, or any value received by will, intestate
succession, or as a distribution from an inter vivos or testamentary trust.
Income means economic benefit
received.
Indirect Ownership means an equity interest in a
business entity where the interest is held through a series of business
entities, some of which own interests in others.
Property means real estate, personal
items, equipment, goods, crops, livestock, or an equitable right to income from
real estate, personal items equipment, goods, crops, or livestock.
Second Degree of Consanguinity or Affinity is
defined through a chart in Section 2-262(c)(4).
Source of Income means any business entity,
employment, investment, or activity which earned or produced income, including
interest, dividends, royalties or rents, which has been paid to or for the
credit of a City Official, candidate, or family member or which would be
taxable to said City Official, candidate, or family member under the United
States Internal Revenue Code, as amended, even though not actually paid or
credited.
Substantial Interest means an interest in a
business entity by a City Official or a family member who;
(a) Owns ten percent or more of voting stock or
shares of the business entity;
(b) Owns ten percent or more or $15,000.00 or
more of the fair market value of the business entity;
(c) If funds received from the business entity
exceed ten percent or more of the person's gross income for the previous year; or
(d) If a City Official or family member has a
Substantial Interest in real property or controls or has an interest in the
property and the interest has a market value of $2,500.00 or more.
Section 2.2 Standards
of Conduct
(a) General
Provisions
(1) No City Official may disclose any
Confidential Information gained through the official's position concerning
property, operations, policies, or affairs of the City, for gain or advantage
in an Economic Interest of the City Official or the persons identified in
Section (c)(2)(B) of this Section.
(2) No City Official may use the
official's position or City-owned facilities, equipment, supplies, or resources
of the City for gain in an Economic Interest of the City Official, for a
political campaign of the Official, or for any of the persons identified in
Section (c)(2)(B) of this Section. A
discount or award given for travel, such as frequent flyer miles, rental car or
hotel discounts, or food coupons, are not things of value belonging to the City
for purposes of this section due to the administrative difficulty and cost
involved in recapturing the discount or award for the City.
(3) Except as specifically authorized by
City ordinance, no City Official may appear before the body of which the
official is a member to represent the City Official or any person identified in
Subsection (c)(2)(B) of this Section. The City Official may designate and be
represented by a person of the official's choice in any such matter.
(4) No City Official may act as surety
for any person or business entity that has a contract with the City, or as a
surety on any bond required by the City for a City Official.
(5) These General Provisions do not
prohibit a City Official from representing the City Official's interest in the
City Official's owner-occupied homestead before any City body, except the body
of which the official is a member.
(b)
Gifts
No City Official may solicit or accept any contribution,
gift, or economic benefit that is offered or given with the intention of
influencing the judgment or discretion of such official; or given in
consideration of the favorable exercise of the official's judgment or
discretion in the past.
(c)
Conflict of Interest.
(1)
Substantial Interest.
No City Official may vote on or participate in any decision-making process on a
matter concerning property or a business entity if the official has a
Substantial Interest in the property or business entity.
(2)
Economic Interest.
(A) No City Official may vote on or
participate in any decision-making process on a matter if the official has an
Economic Interest in the outcome of the matter under consideration.
(B) To avoid the appearance and risk of
impropriety, a City Official may not take any official action that the official
knows is likely to affect the Economic Interests of:
(i)
The City Official's parent, child, step-child, spouse, or
other family member within the second degree of consanguinity or affinity or a
client of the City Official;
(ii)
An employer of the City Official, the official's parent,
child, step-child, or spouse;
(iii)
A business entity for which the City Official serves as an
officer or director or serves in any policy-making position;
(iv)
A person or business entity from whom, within the past
twelve months, the City Official or the official's spouse, directly or
indirectly, received an Economic Benefit;
(v)
A person or business entity from whom, within the past
twelve months, the City Official or the official's spouse, directly or
indirectly, engaged in negotiations pertaining to business opportunities.
(3)
Conflicts Disclosure Statement and Recusal.
(A) A City Official shall file a sworn
Conflicts Disclosure Statement whenever a person or entity has contracted with
the City or is considering doing business with the person or entity and the
City Official has an Economic Interest in or with the person or entity or if
the person or entity has given to the City Official gifts that have a value in
the aggregate of more than $250.00 in the 12-month period preceding the date
the City Official becomes aware that the City has a contract with such person
or entity or that the City is considering doing business with such person or
entity. The City Official shall file the
Conflicts Disclosure Statement with the City Secretary no later than
(B) A City Official
commits an offense if the City Official knowingly fails to file the Conflicts
Disclosure Statement. An offense under
the above subsection 2-262(3)(a) is a Class C misdemeanor.
(C) The City
Secretary shall accept and file any and all City Official Conflict Disclosure
Statements and any Vendor Conflict of Interest Questionnaires.
(D) The City
Secretary shall maintain a list of City Officials and shall make that list
available to the public and any person who may be required to file a Conflicts
of Interest Questionnaire.
(E) A City Official having a Substantial
Interest in the outcome of a matter under consideration shall disclose that the
official has a Substantial Interest and recuse himself/herself immediately from
voting and from the discussion of the matter. The City Official shall also
promptly file an affidavit with the City Secretary disclosing the nature and
extent of the conflict, and the affidavit shall be included in the official
minutes of the body.
(4) Consanguinity and Affinity
Affinity Kinship (Marriage) Relationships
|
1st Degree |
2nd Degree |
|
Father-in-Law |
Spouse’s
Grandfather |
|
Mother-in-Law |
Spouse’s Grandmother |
|
Son-in-Law |
Spouse’s
Brother (Brother-in-Law) |
|
Daughter-in-Law |
Spouse’s
Sister (Sister-in-Law) |
|
Spouse |
Spouse’s
Grandson |
|
|
Spouse’s
Granddaughter |
|
|
Brother’s
Spouse (Sister-in-Law) |
|
|
Sister’s
Spouse (Brother-in-Law) |
Consanguinity (Blood)
Relationships
|
1st Degree |
2nd Degree |
3rd Degree |
|
Father |
Grandfather |
Great-Grandfather |
|
Mother |
Grandmother |
Great-Grandmother |
|
Son |
Brother |
Nephew |
|
Daughter |
Sister |
Niece |
|
|
Grandson |
Great-Grandson |
|
|
Granddaughter |
Great-Granddaughter |
|
|
|
Uncle |
|
|
|
Aunt |
(5) Budget Matters
The City Council shall take a separate vote on any budget
item specifically dedicated to a contract with a business entity in which a
member of the City Council has a Substantial Interest. The member of the City Council that has the
Substantial Interest may not participate in the separate vote.
Section 2.3 Interest
in Property Acquired with Public Funds
(a) Disclosure of Interest in Property
A City Official who has a legal or equitable interest in
real property that is to be acquired with public funds shall file an affidavit
within 10 days before the date on which the property is to be acquired by
purchase or condemnation.
(b) Affidavit
The affidavit must:
(1) state the name of
the City Official;
(2) state the City
Official’s office, public title, or job designation;
(3) fully describe
the property;
(4) fully describe the nature, type, and amount of interest
in the property, including the percentage of ownership interest;
(5) state the date
when the person acquired an interest in the property;
(6) include a
verification as follows: “I swear that
the information in this affidavit is personally known by me to be correct and
contains the information required by Section 553.002, Government Code”; and
(7) contain an
acknowledgement of the same type required for recording a deed in the deed
records of the county.
The affidavit must be filed with the county clerk of the
county in which the City Official resides and the county clerk of each county
in which the property is located.
Section 2.4 Nepotism
(a) Prohibition
(1) A public official may not appoint, confirm
the appointment of, or vote for the appointment or confirmation of the
appointment of an individual to a position that is to be directly or indirectly
compensated from City funds or fees of office if:
(A) the
individual is related to the City Official within the third degree by
consanguinity (blood or adoption) or the second degree by affinity (marriage);
or
(B) the City Official holds the appointment or
confirmation authority as a member of a state or local board, the legislature,
or a court and the individual is related to another member of that board,
legislature, or court within the third degree by consanguinity (blood or
adoption) or the second degree by affinity (marriage).
(2) A City Official may not appoint, confirm the
appointment of, or vote for the appointment or confirmation of the appointment
of an individual to a position in which the individual's services are under the
public official's direction or control and that is to be compensated directly
or indirectly from City funds or fees of office if:
(A) the
individual is related to another public official within the third degree by
consanguinity (blood or adoption) or the second degree by affinity (marriage);
and
(B) the
appointment, confirmation of the appointment, or vote for appointment or
confirmation of the appointment would be carried out in whole or partial
consideration for the other public official appointing, confirming the
appointment, or voting for the appointment or confirmation of the appointment
of an individual who is related to the first public official within the third
degree by consanguinity (blood or adoption) or the second degree by affinity
(marriage).
(b) Exceptions
(1) The prohibitions
in section 2-264(a) do not apply to:
(A) an
appointment to the office of a notary public or to the confirmation of that
appointment;
(B) an
appointment or employment of a personal attendant by an officer of the City for
attendance on the officer who, because of physical infirmities, is required to
have a personal attendant; or
(C) any
other appointment excepted under Chapter 573, Government Code.
(2) The prohibition in section 2-264(a)(1) does
not apply to an appointment, confirmation of an
appointment, or vote for an appointment or confirmation of an appointment of an
individual to a position if:
(A) the
individual is employed in the position immediately before the election or
appointment of the City Official to whom the individual is related in a
prohibited degree; and
(B)
that prior employment of the individual is continuous for at least:
(i) thirty days, if the public official is
appointed; or
(ii)
six months, if the public official is elected.
(3)
If, under Subsection (b)(2), an individual continues in a position, the City
Official to whom the individual is related in a prohibited degree may not
participate in any deliberation or vote on the appointment, reappointment,
confirmation of the appointment or reappointment, employment, reemployment,
change in status, compensation, or dismissal of the individual if that action
applies only to the individual and is not taken regarding a bona fide class or
category of employees.
Section 2.5 Honorariums
(a) Prohibition
A
City Official is prohibited from soliciting, accepting, or agreeing to accept
an honorarium in consideration for services that the City Official would not
have been requested to provide but for the City Official's official position or
duties.
(b) Exception
This
section does not prohibit a City Official from accepting (1) transportation
expenses, (2) lodging expenses or (3) meals in connection with a conference or
similar event in which the City Official renders services, such as addressing
an audience or engaging in a seminar to the extent that those services are more
than merely perfunctory.
Section 2.6 Gifts
(a) Prohibition
(1) A City Employee performing regulatory
functions or conducting inspections or investigations shall not solicit,
accept, or agree to accept any benefit from a person the City Employee knows to
be subject to regulation, inspection, or investigation by the City Employee or
the City.
(2)
A City Employee having custody of prisoners shall not solicit, accept, or agree
to accept any benefit from a person the City Employee knows to be in his
custody or the custody of the City.
(3)
A City Employee or a City Official who exercises discretion in connection with
contracts, purchases, payments, claims, or other pecuniary transactions of the
City shall not solicit, accept, or agree to accept any benefit from a person
the City Employee or City Official knows is interested in or likely to become
interested in any contract, purchase, payment, claim, or transaction involving
the exercise of his discretion.
(4) A City Employee or City Official who
has judicial or administrative authority, who is employed by or in a tribunal
having judicial or administrative authority, or who participates in the
enforcement of the tribunal's decision shall not solicit, accept, or agree to
accept any benefit from a person the City Employee or City Official knows is
interested in or likely to become interested in any matter before the City
Employee or City Official or tribunal.
(b) Donation of Unsolicited Gift
A City Employee or City
Official who receives an unsolicited benefit that the City Employee or City
Official is prohibited from accepting under this section may donate the benefit
to a governmental entity that has the authority to accept the gift or may
donate the benefit to a recognized tax-exempt charitable organization formed
for educational, religious, or scientific purposes.
(c) Exceptions
The
prohibitions set out in this section do not apply to:
(1) a
fee prescribed by law to be received by a City Employee or City Official or any
other benefit to which the City Employee or City Official is lawfully entitled
or for which he gives legitimate consideration in a capacity other than as a
City Employee or City Official;
(2) a
gift or other benefit conferred on account of kinship or a personal,
professional, or business relationship independent of the official status of
the recipient; or
(3) a
benefit to a City Employee or City Official required to file a statement under
Chapter 572, Government Code, or a report under Title 15, Election Code, that
is derived from a function in honor or appreciation of the recipient if:
(A) the benefit and the source of any benefit in
excess of $50 is reported in the statement; and
(B) the
benefit is used solely to defray the expenses that accrue in the performance of
duties or activities in connection with the office which are nonreimbursable by
the state or the City;
(4) a
political contribution as defined by Title 15, Election Code;
(5) an
item with a value of less than $50, excluding cash or a negotiable instrument
as described by Section 3.104, Business & Commerce Code;
(6) an
item issued by a governmental entity that allows the use of property or
facilities owned, leased, or operated by the governmental entity;
(7)
food, lodging, transportation, or entertainment accepted as a guest and, if the
donee is required by law to report those items, reported by the donee in
accordance with that law; or
(8) any gift or benefit otherwise excepted under
section 36.10, Penal Code.
Section 2.7 City
Records
(a) Prohibition:
City
Official shall not:
(1)
knowingly make a false entry in, or false alteration of, a City record;
(2)
make, present, or use any record, document, or thing with knowledge of its
falsity and with intent that it be taken as a genuine City record;
(3)
intentionally destroy, conceal, remove, or otherwise impair the verity,
legibility, or availability of a City record;
(4)
possess, sell, or offer to sell a City record or a blank City record form with
intent that it be used unlawfully;
(5)
make, present, or use a City record with knowledge of its falsity; or
(6)
possess, sell, or offer to sell a City record or a blank City record form with
knowledge that it was obtained unlawfully.
(b) Exception
It
is an exception to the application of Subsection (a)(3) of this Section that
the governmental record is destroyed pursuant to legal authorization or
transferred under Section 441.204, Government Code. With regard to the destruction of a local
government record, legal authorization includes compliance with the provisions
of Subtitle C, Title 6, Local Government Code.
Section 2.8 Misuse
of Official Information
(a) Prohibition
(1) A City Employee or City Official shall not
misuse information to which he or she has access by virtue of his or her office
or employment and that has not been made public, and shall not:
(A)
acquire, attempt to acquire or aid another to acquire or attempt to acquire a
pecuniary interest in any property, transaction, or enterprise that may be
affected by the information;
(B)
speculate or aid another to speculate on the basis of the information; or
(C) as
a City Official coerce another into suppressing or failing to report that
information to a law enforcement agency.
(2) A City Employee or City Official shall not
with intent to obtain a benefit or with intent to harm or defraud another,
disclose or use information for a nongovernmental purpose that:
(A) the City Official or City Employee has access
to by means of his office or employment; and
(b) Definition
In this section, "information
that has not been made public" means any information to which the public
does not generally have access, and/or that is prohibited from disclosure under
Chapter 552, Government Code.
Section 2.9 Ethics Review Commission
(a) The City Council shall appoint an Ethics
Review Commission consisting of three (3) qualified voters from the City of
(b) The Ethics Review Commission has
jurisdiction over ethics complaints involving City Officials.
(c) The Ethics Review Commission shall
have the authority to review and investigate complaints filed in accordance
with this Article and issue a written finding of the Commission's determination
when appropriate.
(d) Service on the Ethics Review
Commission does not preclude a member from filing a complaint with the
Commission. The Commission member filing the complaint must recuse
himself/herself from the Commission procedure.
(e) The Ethics Review Commission makes
recommendations to the City Council regarding revisions and changes to this Ordinance.
(f) The Ethics Review Commission may seek
any necessary assistance from the City Council and City Manager regarding
financial support needed to carry out the Commission's duties.
(g) If warranted, the City Attorney may
be utilized to advise and assist the Commission and take part in hearings.
Section 2.10 Role
of the City Attorney
(a) The City Attorney serves as legal
counsel to the Ethics Review Commission. When complaints are filed relating to the
Mayor, City Council members, City Manager, or City Attorney, independent legal
counsel may be utilized to advise the Commission and take part in its
proceedings.
(b) The City Attorney serves as Ethics
Advisor to City Officials and City Employees. As Ethics Advisor, the City Attorney is
available to respond confidentially to inquiries relating to the Ethics
Ordinance (this Article) and may render advisory opinions on potential
conflicts of interest or violation of this section at the request of a City
Official or City Employee. The advisory opinion in any subsequent charges
concerning the matter may be used as a defense to an alleged violation of this
section unless material facts were omitted or misstated by the person
requesting the opinion.
(c) The City Attorney shall receive all
sworn complaints and provide a copy and a preliminary review of the complaint
to the Commission for action. The preliminary review does not advise on the
merits of a complaint.
(d) If a complainant alleges a violation
by the City Attorney, the complaint must be filed with the Chairperson of the
Ethics Commission, with a copy to the Mayor and the City Manager.
Section 2.11 Complaint
Process
(a)
Filing
(1) Any City Official of the City or
eligible voter of the City who believes that there has been a violation of this
Ordinance may file a sworn complaint. A complaint alleging a violation of this Ordinance
must meet the requirements herein and must be filed with the City Secretary. A
complaint alleging a violation of this Article by the City Attorney must also
be filed with the persons named in Section 2-270. A complaint must be filed within 1 year from
the date of the alleged violation.
(2) Required Contents of a Complaint. An
ethics complaint must be in writing and under oath and must set forth in
simple, concise, and direct statements the following:
(A) The name of the complainant;
(B) The street or mailing address and the
telephone number of the complainant;
(C) The name of the person who allegedly
committed the violation;
(D) The position or title of the person
who allegedly committed the violation;
(E) The nature of the alleged violation,
including, if possible, the specific rule or provision of this Article alleged
to have been violated;
(F) A statement of the facts constituting
the alleged violation and the dates on which or period of time in which the
alleged violation occurred; and must contain the following:
(i) Documents or
other material available to the complainant relevant to the allegation;
(ii) A list of
all documents or other material relevant to the allegation and available to the
complainant, but that are not in the possession of the complainant, including
the location of the documents; if known; and
(iii) A list of
all documents or other material relevant to the allegation, but unavailable to
the complainant, including the location of the documents, if known.
(G) If the complaint is based on
information and belief, the complaint shall state the source and basis of the
information and belief.
(3) The complaint must be accompanied by
an affidavit stating that the information contained in the complaint is either
true and correct or that the complainant has good reason to believe and does
believe that the facts alleged constitute a violation of this Ordinance.
(4) Upon request, the City Secretary shall
provide information to persons about the requirements of a complaint and the
process for filing a complaint.
(b)
Confidentiality and Ex Parte Communications
(1) No City Official or City Employee may
reveal information relating to the filing or processing of a complaint except
as required for the performance of official duties.
(2) All documents relating to a pending
complaint are confidential, unless they are required to be disclosed under the
Texas Public Information Act (
(3) After a complaint has been filed, and
during the consideration of a complaint by the Commission, a member of the
Commission may not communicate directly or indirectly with any party or person
about any issue of fact or law regarding the complaint, except at a meeting of
the Commission. This provision does not prevent a member of the Commission to
consult with the City Attorney regarding procedural and legal issues.
(c)
Notification
(1) A copy of a complaint which meets the
requirements of this section shall be promptly forwarded by the City Secretary
to the City Attorney and to the person charged in the complaint.
(2) The person alleged in the complaint
to have violated this Article shall be provided with a copy of the Ethics
Ordinance (this Article) and informed that:
(A) Within 14 days of receipt of the
complaint, a sworn response must be filed with the City Secretary;
(B) Failure to file a response does not
preclude the City Attorney from processing the complaint;
(C) A copy of any response to a complaint
must be provided by the City Secretary to the complainant, who may within seven
days respond by sworn writing filed with the City Secretary, who shall provide
a copy of the sworn writing to the person charged in the Complaint.
(3) City Officials and City Employees have
a duty to cooperate with the City Attorney, pursuant to this Section.