2010-018 ORD ADOPTING A CODE OF ETHICS FOR CITY COUNCIL MEMBERS, EMPLOYEES, BOARDS, COMMISSIONS AND COMMITTEES

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State Law References: Degrees of relarionship, V.T.C.A., Government Code ch. 573. Sec. 2-301. Declaration of article policy. It is hereby declared to be the policy of the city that the proper operation of democratic government requires that public officials and employees be independent, impartial and responsible only to the people of the city; that governmental decisions and policy should be made in the proper channels of the governmental structure; that no officer, employee or member of any board, commission or committee should have any interest, financial or otherwise, direct or indirect, or engage in any business, transaction or professional activity or incur any obligation of any nature which is in conflict with the proper discharge of his duties in the public interest; that public office and public employment are positions of public trust imposing the duty of a fiduciary upon all employees and officeholders, who are not to use their public position for personal gain; and that the public should have confidence in the integrity of its government. To implement such a policy, the city council deems it advisable to enact this code of ethics and conduct for all officers, employees and advisory board members, whether elected or appointed, paid or unpaid, to serve not only as a guide for official conduct of the city's public servants, but also as a basis for discipline for those who refuse to abide by its terms. This code of ethics and conduct is cumulative of other city ordinances, Civil Service rules, personnel policies, City Charter provisions and state statutes defining and prohibiting conflict of interest. Sec. 2-302. Penalties for violation of article; voidable acts. (a) Except where otherwise provided by state law, it is not the intent of this article that violations of this article be subject to criminal penalties. (b) Whenever the city council has determined that any officer or advisory board member has violated any provision of this article, such officer or advisory board member shall be subject to admonishment or censure. The City Council may remove from office any officer or advisory board member (other than a City Council member) from their position for violating any provision of this Article. Any complaint or charge against a City employee for violating this Article shall be referred to the City Manager for further investigation and/or discipline in accordance with the City's Personnel Policies. (c) The city council may exempt from the provisions of this article any conduct found to constitute a violation by an officer, employee or advisory board member if it finds that the enforcement of this article with respect to such conduct is not in the public interest. 4