04/22/2010 Special Meeting - Laserfiche WebLink

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• The City Charter prohibits certain conduct by "officers" f the ty which term has been defined by Texas common law (case law) t mean "public officer." • Public officers are distinguished from public employee as h ing the authority to perform sovereign functions of the gove nment "largely independent of the control of others." A/dine l. S. D. v. St nd/ey, 54 Tex. 547, 280 S.W.2d 578, 583 (1955). • Department heads and, possibly, some of their subor inates may be deemed to be officers of the City in certain circumstances. Listed elow are examples of conduct which City officers should avoid: • City officers and employees may not hold employm nt while in arrears to the City for taxes or other obligatio s. (Art. III, § 2) • City officers may not divert funds from the sinking earmarked to retire public improvement bonds. such conduct is deemed a felony. (Art. IV, § 1) • An officer of the City may not have a direct or indir ct pecuniary interest in a City contract, City work, "o in any matter wherein the rights or liabilities of the Cit of Houston are or may be involved." (Art. VII, § 4) • A violation of the provisions of Art. Vii, § 4 of Charter renders the affected contract null and vi II. City Code of Ordinances A. Chapter 18 (Ethics and Financial Disclosure) Article I of Chapter 18 prescribes standards of conduct for "City is defined in Section 18-2 as including only the following: • Elected city officials (Mayor, Council Members, City • Department directors and other employees required to be Council; • Assistant city attorneys; • Persons holding executive level employee positions whicl Article Va, section 2(f) of the City Charter as those employe, require them to determine and publicly advocate substantiv( provide legal counsel, or to maintain a direct, confidential K:\ETH ICS\RDC3116A Wicial which er); nfirm by City are d fined by s "who e duties progr policy, elation hip with PAGE 16 2 1