HomeMy WebLinkAbout98-3179CITY COUNCIL - CODE OF ETHICS
ORDINANCE NO. 98-:3179
AN ORDINANCE ESTABLISHING A CODE OF ETHICS AS PROVIDED BY ARTICLE
VII, SECTION 7.01 OF THE CHARTER OF THE CITY OF PLAINVIEW, TEXAS;
SEVERABILITY CLAUSE;
CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; AND EFFECTIVE DATE.
WHEREAS, it is the policy of this City that a City officer or employee may not have a direct
or indirect interest, including financial and other interest, or engage in a business transaction or
professional activity, or incur any obligation of any nature that is in substantial conflict with the
proper discharge of the officer's or employee's duties in the public interest.
WHEREAS, to implement this policy and to strengthen the faith and confidence of the people
of this City in municipal government, this ordinance provides standards of conduct and disclosure
requirements to be observed by persons owing a responsibility to the people and government of this
City in the performance of their official duties.
WHEREAS, it is the intent of the City Council that this ordinance serve not only as a guide
for official conduct of those persons, but also as a basis for discipline for those who refuse to abide
by its terms.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview, Texas:
ARTICLE I. GENERALLY
SECTION I: Policy.
It is the policy of the City that all City Officials and Employees shall conduct themselves both
inside and outside the city's service so as to give no occasion for distrust of their integrity,
impartiality or devotion to the best interest of the City and the public trust which the City holds. To
this end and to expressly ensure its accomplishment, the City Council establishes a code of ethics for
the City to serve as a guide for official conduct of the City's public servants and as a basis for
discipline for those who violate its terms.1
SECTION II: DefinitiOns.
In this article:
1State Law Reference - COde of Ethics, V.T.C.A., Local Government COde § 171.01 et seq.
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Business Entity: means a sole proprietorship, partnership, firm, corporation, holding
company, joint-stock company, receivership, trust or any other entity recognized by law.2
Employee: means any person employed by the City, whether under civil service regulations
or not, including those individuals on a part-time basis, but not including any independent
contractor.
Immediate Family: means the spouse, children, brothers, sisters and parents of an officer or
employee.
Localpublic official or "officer": means a member of the governing body or another officer,
whether elected, appointed, paid, or unpaid, of this municipality or any member of this local
governmental entity who exercise responsibilities beyond those that are advisory in nature.
Substantial interest in a business entity: means a person has a substantial interest in a
business entity if.'
(a)
the person owns 10 percent or more of the voting stock or shares of the
business entity or owns either 10 percent or more of $15,000 or more of the
fair market value of the business entity; or
(b)
Funds received by the person from the business entity exceed 10 percent of
the person's gross income for the previous year.
A person has a substantial interest in real property if the interest is an equitable or
legal ownership with a fair market value of $2,500 or more.
A local public official is considered to have a substantial interest under this definition
if a person related to the official in the first degree of consanguinity or affinity, as
determined by the definition of degrees of relationship as provided in the Texas
Government Code Section 573 (as amended), has a substantial interest under this
section.3
SECTION III:
Standards of Conduct.
(a) It is unlawful for a municipal officer to intentionally or knowingly:
(1) accept or solicit any girl, favor, or service that might reasonably tend to
2TEX. Loc. GOVT CODE §171.01
3TEX. LOC. GOVT CODE §171.02
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(b)
(c)
influence the officer or employee in the discharge of official duties or that the
officer or employee knows or should know is being offered with the intent to
influence the officer's or employee's official conduct;
(2)
accept other employment or engage in a business or professional activity that
the officer or employee might reasonably expect would require or induce the
officer or employee to disclose confidential information acquired by reason of
the official position;
(3)
accept other employment or compensation that could reasonably be expected
to impair the officer's or employee's independence of judgment in the
performance of the officer's or employee's official duties;
(4)
make personal investments that could reasonably be expected to create a
substantial conflict between the officer's or employee's private interest and
the public interest; or,
(5)
intentionally or knowingly solicit, accept or agree to accept any benefit for
having exercised the officer's or employee's official power or performed the
officer's or employee's official duties in favor of another.
It is unlawful for an immediate family member to intentionally or knowingly:
O)
Solicit, accept or agree to accept from another person any benefit that the
member's relative, who is a City officer or employee, is prohibited from
soliciting accepting or agreeing to accept under state law;
(2)
Misuse any official information obtained from the member's relative, who is
a City officer or employee, to which the relative has access by virtue of the
relative's office or employment and that has not been made public, in a
manner prohibited as to the relative under state law; or,
(3)
Misuse, as defined in V.T.C.A., Penal Code §39.01, any City property,
services, personnel or any other thing of value belonging to the City that has
come into the member's custody or possession by virtue of the office or
employment of the member's relative who is a City officer or employee.
No City officer or employee shall knowingly:
O)
Appear before the body of which the officer or employee is a member as
representative for any private person, including the officer or employee or any
immediate family member, or any group or interest.
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(d)
(e)
(0
SECTION IV:
(2)
Represent, directly or indirectly, any private person, including the officer or
employee or any immediate family member, or any group or interest in any
action or proceeding against the interest of the City or in any litigation in
which the City or any department, agency, commission or board thereof is a
party.
(3)
Accept other employment or engage in outside activities incompatible with the
full and proper discharge of City duties or that might impair independent
judgment in the performance of City duties.
This subsection shah not be constructed to deprive an officer or employee of the
right to due process under the law, including the right to represent himself/herself
in a court proceeding.
No City Councilmember shall knowingly represent any private person, including the
City Councilmember or any immediate family member or any group or interest before
any department, agency, commission or board of the City, except that City
Councilmember may represent their interests in their owner-occupied homesteads
before the board, agency, commission or department of the City other than the City
Council.
In any action or proceeding in the municipal court which is instituted by a City officer
or employee in the course of official duties:
(0
No City Councilmember shall knowingly represent any private person other
than himself or herself. If a City Councilmember elects to have a trial in
municipal court, the City Council, without the participation of the affected
City Councilmember, will appoint a special judge to preside over the trial.
(2)
No City officer or employee shall knowingly represent any private person
other than himself or herself, including any immediate family member, or any
group or interest.
A member of the planning an zoning commission shall not knowingly represent the
member or any other person, group or interest before the zoning board of adjustments
on any matter involving land use or development, and a member of the zoning board
of adjustments shall not knowingly represent the member or any other person, group
or interest before the planning and zoning commission on any matter involving land
use or development. This subsection does not apply to members representing their
interests in their owner-occupied homesteads.
Regulation of Conflicts of Interest
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(a)
(b)
(c)
(d)
(e)
SECTION V:
SECTION VI:
SECTION VII:
If a local public official has a substantial interest in a business entity or in real
property, the official shall file, before a vote or decision on any matter involving the
business entity or the real property, an affidavit stating the nature and extent of the
interest and shall abstain from further participation in the matter if:
(1)
in the case of a substantial interest in a business entity the action on the matter
will have a special economic effect on the business entity that is
distinguishable from the effect on the public; or
(2)
in the case of a substantial interest in real property, it is reasonably
foreseeable that an action on the matter will have a special economic effect on
the value of the property, distinguishable from its effect on the public.
The affidavit must be filed with the official record keeper of the City of Plainview.
If a local public official is required to file and does file an affidavit under subsection
(a), the official is not required to abstain from further participation in the matter
requiring the affidavit if a majority of the members of the governmental entity of
which the official is a member is composed of persons who are likewise required to
file and who do file affidavits of similar interests on the same official action.
The governing body of the City of Plainview shall take a separate vote on any budget
item specifically dedicated to a contract with a business entity in which a member of
the governing body has a substantial interest.
Except as provided by subsection (c) the affected member may not participate in that
separate vote. The member may vote on a final budget if.'
(1) the member has compiled with this chapter; and,
(2) the matter in which the member is concerned has been resolved.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for
any reason, held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and such
holding Shall not affect the validity of the remaining provisions thereof.
Provisions of this ordinance are cumulative and nothing herein shall prevent
alter, or diminish the applicability or enforcement of other ordinances
restricting, regulating, or governing the subject matter herein.
All ordinances or portion of any ordinance of the City of Plainview, Texas, in
conflict herewith, are hereby amended to conform with the provisions hereof.
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SECTION VIII:
That this Ordinance shall take effect and be in full force and effect from and
after the date of its passage.
PASSED AND APPROVED on this the /~/ day of
,197o0
Karen McBeth, City Secretary
APPROVED AS TO FORM AND CONTENT:
Wally Hatch, City Attorney
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