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HomeMy WebLinkAbout1998-2358 - Ordinance - 10/22/1998ORDINANCE NO. 2358 AN ORDINANCE AMENDING CHAPTER 8, "PERSONNF. I?', OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING A NEW SECTION AS SET OUT BELOW; PROVIDING STANDARDS OF CONDUCT FOR THE CITY'S PUBLIC OFFICIALS; PROVIDING DISCIPLINARY MEASURES FOR VIOLATION OF SUCH STANDARDS; AND PROVIDING A SEVERABILITY CLAUSE, A REPEALING CLAUSE, AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COI.I.EGE STATION, TEXAS: PART 1: That Chapter 8, "Personnel", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: This ordinance shall become effective on January 1, 1999. PASSED, ADOPTED and APPROVED this 22nd day of October, 1998. APPROVED: ATTEST: ~. , L'OIC%, .~ ty Secretary ~"-YNlq-tMc ILl'Y, Mayor] APPROVED: HARVEY I~RG ~LL,~~ttomey 0/27/98 ORDINANCE NO. 2358 Page 2 EXHIBIT "A" That Chapter 8 is hereby amended by adding a Section 12, "Standards of Conduct for Public Officials", to read as follows: "SECTION 12: STANDARDS OF CONDUCT FOR CITY'S PUBLIC OFFICIALS A. POLICY It is hereby declared to be the policy of the City that the proper operation of democratic government requires that public officials be independent, impartial and responsible only to the people of the City; that no official shall permit any interest, financial or otherwise, direct or indirect, or engagement in any business, transaction or professional activity to conflict with the proper discharge of his/her duties in the public interest; that public office not be used for personal gain; and that the City Council at all times shall be maintained as a nonpartisan body. To implement such a policy, the City Council deems it advisable to enact a Code of Conduct for all officials, whether elected or appointed, paid or unpaid, to serve not only as a guide for official conduct of the City's officials, but also as a basis for discipline for those who refuse to abide by its terms, the overriding interest being that officials of the City of College Station shall at all times strive to avoid even the appearance of impropriety. DEFINITIONS The following words, terms, and phrases, when used in this Article, shall have the meanings subscribed to them in this Section, except where the context clearly indicates a different meaning: (1) Official or Officer shall include the following: (a) All members of quasi-judicial and legislative boards, which shall include, but to be limited to the following boards: 2. 3. 4. o City Council Planning and Zoning Commission Zoning Board of Adjustment Construction Board of Adjustments and Appeals/Building Standards Commission Electrical Examining Board Parks and Recreation Board Ethics Review Commission (b) All four of the Council appointed staff members, which shall include the following: 1. City Manager 2. City Secretary 3. Municipal Court Judge 4. City Attorney .lSl¢:l~ndo~sls~nvaord~ord~nanl~th~es$.doe 0/2 ORDINANCE NO. 2358 Page 3 (2) (3) Relative means any person related to an official within the first degree of consanguinity or affinity and shall include a father, mother, son, daughter, brother or sister of the official (consanguinity) and the spouse of the official or the father, mother, son, daughter, brother or sister of the spouse of the official (affinity). City Council means the legislative and governing body of the City consisting of the Mayor and Council members. Eli~ble City Council member means any member of the City Council who is not the subject of a complaint being considered or voted on by the City Council. Financial interest means an actual financial benefit from a transaction with the City. A financial interest shall be if: The person owns ten percent (10%) or more of the voting stock or shares of the business entity or owns either ten percent (10%) or more or Fifteen Thousand Dollars ($15,000.00) or more of the fair market value of the business entity; or Funds received by the person from the business entity exceed ten percent (10%) of the person's gross income for the previous year; or If the interest in real estate property is an equitable or legal ownership with a fair market value of Two Thousand Five Hundred Dollars ($2,500.00) or more. STANDARDS OF CONDUCT -- OFFICIALS No official of the City or a relative of a Council member shall: (1) (2) (3) Have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies, or service, except in the case of land designated by the City for acquisition which would otherwise have to be acquired by eminent domain. Participate in a vote or decision on any matter in which the official has a direct or indirect financial interest or in which a relative of the official has a direct or indirect financial interest. Represent or appear on behalf of private interests as follows: No City Council member shall represent or appear in behalf of private interests of others before any agency of the City or any City board, commission or committee, nor shall he/she represent any private interest of othe.~ in any action or proceeding involving the City, nor voluntarily paructpate on behalf of others in any litigation to which the City might be party. jslc: lwindows~winword~ordtnanl~thics$.doc 10/26/98 ORDINANCE NO. 2358 Page 4 (10) (11) (12) (13) (14) (15) No other official shall represent or appear in behalf of the private interests of others before the board, commission or committee of which he/she is a member, or before the City Council or other board on an appeal from such board, commission or committee concerning such matter. Accept any gift or favor from any person that might reasonably tend to influence him/her in the discharge of his/her official duties, or grant in the discharge of his/her official duties any improper favor, service or thing of value. Use his/her official position to secure special privileges or exemptions for himself/herself or others. 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. Disclose information that could adversely affect the property, government, or affairs of the City; nor directly or indirectly use any information gained solely by reason of his/her official position for his/her own personal gain or benefit or for the private interest of others. Disclose confidential information. Engage in any outside activities which will conflict with, or will be incompatible with, his/her position as an official of the City. Accept employment incompatible with the full and proper discharge of his/her duties and responsibilities with the City, or which might impair his/her independent judgment in the performance of his/her public duty. Receive any fee or compensation for his/her services as an official of the City from any source other than the City, except as may otherwise be provided by law. This shall not prohibit his/her performing the same or other services for a private organization that he/she performs for the City if there is no conflict with his/her duties and responsibilities. Knowingly violate any provision of the City Charter. Knowingly perform or refuse to perform any act to deliberately thwart the execution of the City ordinances, rules or regulations, or the achievement of the official City programs. Use City supplies, equipment or facilities for any purpose other than the conduct of official City business, unless otherwise provided for by law, ordinance or City policy. Engage in any conduct prejudicial to the govemment of the City or that reflects discredit upon the government of the City. .[~c: ~windowslwmword~ordtnan~ethics3.doc 10/26/98 ORDINANCE NO. 2358 Page 5 D. ADDITIONAL STANDARDS OF CONDUCT -- COUNCIL MEMBERS (1) In any zoning matter which may appear before the City Council, any City Council member who has a financial interest in any property within two hundred (200) feet of the zoning request shall disclose the existence of such interest to the other Council members and thereafter abstain from voting in the matter and refrain from attempting to influence the vote of any other Council member. In the event that any matter comes before the City Council involving, directly or indirectly, the interest of a present business client/customer of any City Council member or the interest of a person or entity who has been a business client/customer of any Council member within the prior twelve (12) months and funds received by the Council member, or the entity for which he/she is employed, from the past/present business client/customer amount to the sum or Five Thousand Dollars ($5,000) or more in gross income during such twelve (12) month period and such fact is known to the Council member, then that Council member shall disclose the existence of such interest to the other Council members and thereafter abstain from voting in the matter and refrain from attempting to influence the vote of any other Council member. No Council member who is on the board of a nonprofit organization may vote on any funding request by that nonprofit organization, unless the nonprofit organization has a board of directors or trustees appointed in whole or in part by the City Council. With the exception of those proceedings allowed under Section 7 of this Code of Conduct, no Council member shall personally appear in his/her own behalf before the City Council, any City board, commission or committee, but may designate and be represented by a person of his/her choice in any such personal matter. E. DISCLOSURES AND FURTHER OFFICIAL ACTION (1) Financial interest in pending matters Any official who has a financial interest in any matter pending before the City, shall disclose such interest to the committee, commission or board of which he/she is a member, or to the City Council in other cases, and shall refrain from further discussion of the matter, shall not be physically present when the subject is discussed in Executive Session, and shall not vote on or participate further therein in any manner. (2) Real Property Interests On or before January 1 and July 1 of each calendar year, every Council member shall file in writing with the City Secretary on a disclosure form prepared and approved by the City, the existence and location of any real property in the City of College Station in which the Council member has any financial interest including any interest of one (1) percent or more in any entity which has a financial interest in any real property in the City of College Station. Said disclosure shall also include the identity and location of all property xvithin the City of College Station in which the Council jslc:lvandowsiwmwordlordtnanlethtcs3, doc 10/26/98 ORDINANCE NO. 2358 Page 6 member has acquired or conveyed any interest since the filling of the last similar report required by this Section. If a Council member has an interest in an entity that will not disclose to the Council member whether or not the entity has a financial interest in real property in the City of College Station, the Council member may satisfy his/her disclosure requirement under this Section by stating such fact in writing to the City Secretary. The filed disclosure form shall be available for inspection by the public. By the last Friday of April of each year, each official shall file in writing with the City Secretary on a disclosure form prepared and approved by the City, a statement of required information which shall cover the previous 12-month period, April 1 through March 31, and which shall be available for inspection by the public: The identification of any person, business entity, or other organization from whom the official reporting has received a gift or favor of any money or other thing of value in excess of Fifty Dollars ($50), or a series of gifts from the same source during the reporting period, the total value of which exceeds Fifty Dollars ($50), excluding the value of the gift, but including the identification of the source. Campaign contributions which are reported as required by state statue may be reported by filing a correct copy of the prior filing. Excluded from this requirement are gifts received from relatives (as defined herein) and inheritances. The name of any corporation, partnership, limited partnership, limited liability company, or other entity in which the official held, owned, acquired, had an option to acquire, or sold stock or other equity ownership having a value exceeding Five Thousand Dollars ($5,000) or equivalent to 5% or more of the stock or equity of the entity. The name of any person (individual or entity) for whom the official performed services for compensation, either as an employee or otherwise, or fi.om whom the official received a retainer, in an amount greater than Five Thousand Dollars ($5,000). All boards of directors of which the official is a member and the offices or executive positions which the official holds in corporations, partnerships, limited parmerships, limited liability companies, or other entities, including nonbusiness entities, stating for each the name of the entity and the position held. If, during the reporting period, an official of the City has accepted the offer of any trip or excursion from a person or entity other than the City, then he/she shall report the following to the City Secretary before embarking on such trip or excursion: (i) the name of the sponsor, (ii) the place or places to be visited, (ilo the purpose of the trip or excursion, and (iv) the date and duration of any trip or excursion. Within fifteen (15) days of return from such a trip or excursion, the official shall report to the City Secretary the approximate value of the trip or excursion. Jslc:lwtndowslwtnword~ordtnan~ethtcs$.doc 10/26/98 ORDINANCE NO. 2358 Page 7 CONTRACTS WITH THE CITY/AFFIDAVIT All contracts in excess of Fifteen Thousand Dollars ($15,000) entered into by any person, corporation or entity seeking to do business with the City shall contain an affidavit executed by a legally authorized party to the effect that no person included within the Ordinance defined term of "official" or "officer" has or will have during the term of said contract, any prohibited interest as defined in the Code Conduct Ordinance of the City of College Station. The affidavit shall include an ac 'knowledgement and acceptance by the affiant that the existence of a prohibited interest at any time during the term of said contract will render the contract voidable. COMPLAINTS AGAINST OFFICIALS/PROCEDURES (1) Formal Complaint All complaints or allegations of a violation of this Code of Conduct against a Council member shall be made in writing sworn to before a notary public, and filed of record with the City Secretary. Such complaint shall describe in detail the act or acts complained of and the specified section(s) of the Code of Conduct alleged to have been violated. A general complaint lacking in detail shall not be sufficient to invoke the investigative procedures herein. Anonymous complaints shall not be considered. (2) Initial Review by the Chairman of the Ethics Committee Within three (3) business days after receipt, it shall be the duty of the Chairman of the Ethics Committee to make the initial determination/evaluation of the complaint as to whether or not the facts alleged, if true, would at face value constitute a violation of the Code of Conduct. The Chairman may seek legal advice and assistance from the City Attorney, County Attorney, and District Attorney. If it is determined by the Chairman that the facts as alleged would not constitute a violation, or that the Complainant is not credible, then in accordance with the notice requirements of the Texas Open Meetings Act, the Chairman shall present a written report describing in detail the nature of the complaint and the findings of the Chairman to the City Council at its next regularly scheduled meeting. A majority of those Council members not implicated by the allegations may either involve the investigatory procedure contained herein or reject the Complaint. Any vote to reject the complaint shall be in a public hearing called for that purpose. Action By the Ethics Review Commission If it is determined by the Chairman what the facts as alleged could constitute a violation of this Code of Conduct, then the Chairman shall, within three (3) business days after receipt of the complaint, notify the available members of the Ethics Review Commission (the "Commission'~ of the existence and nature of the complaint. The Chairman or any two (2) members of the Commission may cause a meeting of the Commission to convene. The Commission may seek legal advice from the City Attorney, County Attorney, or District Attorney, or may select and appoint an independent private attorney to assist in investigating fully the alleged impropriety(ies). Js~c:~wmdows~wm~ora~ordmanlethtcs$.doc 10/26/98 ORDINANCE NO. 2358 Page The Commission shall have all of the powers of investigation as is given to the City Council. The Commission shall report back to the Council in writing as soon as possible, but in no event more than eighteen (18) calendar days after filing of the petition, or, if later, fifteen (15) calendar days from the day of notification to a majority of the Commission, unless an extension is granted by a majority of the eligible City Council members. Said report shall be comprehensive and explain in derail all facts, findings and conclusions in support of the Commission's opinion as to whether or not a violation of this Code of Conduct occurred and, if appropriate, shall recommend a sanction or punishment. Council Heat/ne: The Council shall consider the findings of said report at the meeting at which it is presented at which time the person(s) accused shall have the right to a full and complete hearing with the opportunity to call witnesses and present evidence on his/her behalf. No final action, decision or vote with regard to any matter shall be made except in a meeting which is open to the public. VIOLATIONS The failure of any official to comply with, or the violation by an official of, one (1) or more of the standards of conduct of this section, which apply to him/her, shall constitute grounds for sanctions by the City Council. Such sanctions shall require a two-thirds (2/3) vote of the eligible City Council members. Offenses committed in violation of the City Charter shall be punished in accordance with the terms of the City Charter, as amended, or some lesser sanction. Sanctions which may be imposed include the following: a letter of notification, a letter of admonition, a letter of reprimand, a letter of censure, a recommendation of recall, and sanctions provided in the City Charter. A letter of censure or recommendation of recall shall be published in one or more local newspaper of general circulation. ETHICS REVIEW COMMISSION The Ethics Review Commission (the "Commission") convened to hear each complaint shall consist of five members: (1) Qualifications (2) All members shall be residents of the City and shall be qualified voters. Nominations All past members of the City Council who reside in Brazos County and who choose to participate will serve as a Committee to nominate members of the Commission. On or before April 30 of each year, the Nominating Committee shall convene. The Nom. inating Committee by majority vote shall select twenty (20) or more persons as nom,nees for the Commission by May 15. If necessary, the Nominating Committee shall select replacement members of the Commission as vacancies occur. JS[C:lwtndowslwmwordlordmanlethtcs$.doc 10/26/98 ORDINANCE NO. 2358 Page 9 (3) Confirmation From the persons nominated by the Nominating Committee, the City Council shall select five (5) standing members of the Commission and five (5) altemate members. The five alternate members shall serve in the order specified if a standing member shall be unwilling or unable to serve when the Commission shall consider a particular complaint. The City Council, if necessary, may replace persons who are unable or unwilling to serve as members of the Commission. (4) Conflicts of interest 0) No member of the Commission shall sit as a member of the Commission when it is hearing a petition concerning a matter in which he/she has a financial interest, but shall be replaced for that hearing by an alternate member. Presiding Official The Commission shall select from among its members hearing a petition a presiding official for the hearing. TerlTl (7) Each member of the Commission shall hold office until his/her successor has been appointed by the City Council and shall also continue to hold office after his/her successor has been appointed by the City Council for the limited purpose of the disposition of all complaints filed during that member's term or during that member's holdover term. No new member may participate in a decision regarding a complaint initiated prior to his/her appointment. Actions Three (3) or more members of the Commission shall constitute a quorum, but no action of the Commission shall be of any force or effect unless it is adopted by the favorable votes of three or more of the members. APPEARANCE BY PAST OFFICIAL 0) No p~t .City Council member shall appear before the City Council or any board or comm,ss~on and represent any interest on any matter which was pending in the City during his/her service for a period of one (1) year after the date of termination of such relationship with the City. In addition, no past City Council member shall appear before the City Council or any board or commission and represent any interest on any other matter whatsoever for a period of ninety (90) days after the date of termination of such relationship with the City. No past official of the City other than a Council member shall appear before any board or commission on which he/she has previously served or shall represent any interest on any matter which was pending before that board or commission during his/her service for a period of one (1) year after the date of termination of such relationship with the City. jslc:lwtndows[wtnwordlordtnanlethlcs$.doc 0/26/98 ORDINANCE NO. 2358 Page 10 Ko Mo ADDITIONAL CHARTER AND STATE LAW PROVISIONS The City Charter, Sections 131, 132, and 133; Tn..~:. Loc. GOV'T CODE _,tkl',lN. ~ 171.001 et seq., Regulation of Conflicts of Interest of Officers of Municipalities; and the TEX. ELEC. CODE ANN., ~ 251.001 et seq., Regulating Political Funds and Campaigns, must also be complied with as required by their terms and conditions. Any violation of state law or the specific provisions of this Code of Conduct shall be an ethics violation. Should there be any conflict between the state law or this Code of Conduct, the more restrictive provision shall govern. SEVERABILITY It is the intention of the City Council that this Ordinance, and every provision thereof, shall be considered severable and the invalidity of any section, clause or provision or part or portion of any secton, clause or provision of this Ordinance shall not effect the validity of any other portion of this Ordinance. CONFLICTS WITH OTHER ORDINANCES All provisions of the Ordinances of the City of College Station in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the .City of College Station, not in conflict with the provisions of this Ordinance, shall remain :n full force and effect." jshe:l.,tndowsl~nnwordlordtnantethtcs$.doc 10/26/98