20-Amending Ordinance No. 2010-018 Code of EthicsCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Depattment:
Presented By:
Agenda Item No.:
07-018-2011
Council Date:
City Council
Gene Anderson
20.
07-25-2011
RECOMMENDED MOTION:
Motion to approve the amended Code of Ethics.
POLICY ISSUE(S):
Administration
The proposed amended Code of Ethics would allow any board or commission member (excluding the
City Council itsel fl to do business with the City of Paris. Such members would not be able to vote on
any matter regarding their business with the City or partake in any discussion on such matters.
BOARD/COMMISSION RECOMMENDATION:
None
EXHIBITS:
Ordinance
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$NA
❑ Departrnent Report ❑ Resolution
Budgeted Amt.
$NA
❑ Presentation Z Ordinance
y'I'D Actual
$NA
❑ Public Hearing ❑ Discussion
Acct. Name
NA
Acct. Number
NA
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Coutt E Legal ❑ Libtaty ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris 11.8 Revised 2/04/08
DRAFT
S:attorney/ordwork/code of ethics 7-25-11
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
AMENDING SECTION 2-303 "STANDARDS OF CONDUCT" OF ARTICLE IV
CODE OF ETHICS AND CONDUCT OF CHAPTER 2, ADMlNISTRAT[ON OF
THE CODE OF ORDINANCES OF THE CITY OF PARIS; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 10, 2010, by ordinance No. 2010-018, the City Council of the
City of Paris adopted a Code of Ethics and Conduct for City Council members, Board and
Commission and Committee members and City employees.
WHEREAS, after working with the Code of Ethics for over twelve months, the City
Council has determined that too many qualified citizens desiring to serve on City Boards,
Commissions and Committees have been ruled ineligible because of their business
dealings with the City of Paris; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. Section 2-303 Standards of Conduct, of Article IX, of Chapter 2,
Administration, of the Code of Ordinances of the City of Paris, Texas, be, and the same is
hereby amended to read as follows:
Whereas, the City Council does not wish to exclude citizens of Paris from serving on
a City Board, Commission or Committee because of an unrelated contract or business
affiliation they have with the City of Paris that has no connection to the Board,
Commission or Committee on which they wish to serve and creates no conflict of interest
for the citizen to serve on the board or commission; and
"ARTICLE IX. CODE OF ETHICS AND CONDUCT FOR CITY COUNCIL, EMPLOYEES,
BOARDS, COMMISSIONS AND COMMITTEES."
Sec.2-300. Definitions.
For the purposes of this code of ethics and conduct the following words
and phrases shall have the meanings ascribed to them by this section:
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Advisory board shall mean a board, commission or committee of the city that
functions only in an advisory or study capacity.
Business entity shall mean a sole proprietorship, partnership, firm,
corporation, association, holding company, joint stock company,
receivership, trust, or any other entity recognized by law.
Employee shall mean any person employed by the city, including those
individuals on a part-time basis, but such term shall not be extended to apply
to any independent contractor.
Family member shall mean a person related to another person within the first
degree by consanguinity or affinity, as described by Subchapter B, Chapter
573, Government Code.
Knowingly. A person acts knowingly, or with knowledge, with respect to the
nature of his or her conduct or to circumstances surrounding his or her
conduct when he is aware of the nature of his or her conduct or that the
circumstances exist. A person acts knowing, or with knowledge, with respect
to a result of his or her conduct when he is aware that his or her conduct is
reasonably certain to cause the result.
Officer shall mean any member of the City Council, the Planning and Zoning
Commission, the Paris Economic Development Corporation, the Board of
Adjustment, the Building Standards Commission, the Paris Historical
Commission and any member of a board, commission or committee
established by ordinance, charter or state law that has final approval
authority over any application, permit, license or other city approvals;
provided, no member of an advisory board shall be deemed an officer of the
city.
Substantial interest.
1. A person has a substantial interest in a business entity if:
a. The interest is ownership of ten percent (10%) or more of
the voting stock or shares of the business entity or ownership
of either ten percent (10%) or more or $15,000.00 or more of
the fair market value of the business entity (see section
171.002, Texas Local Government Code); or
b. Funds received by the person from the business entity
exceed ten percent (10%) of the person's gross income for
the previous year (see section 171.002, Texas Local
Government Code)r or
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c. The person holds a position of inember of the board of
directors or other governing board of the business entity; or
d. The person serves as an elected officer of the business entity;
or
e. The person is an employee of the business entity; or
f. The person is a creditor, debtor or guarantor of the business
entity in the amount of $15,000.00 or more; or
g. Property of the person has been pledged to the business
entity or is subject to a lien in favor of the business entity in
the amount of $15,000.00 or more.
2. A person does not have a substantial interest in a business entity
if:
a. The person holds a position as a member of the board of
directors or other governing board of a business entity; and
b. The person has been designated by the city council to serve
on such board; and
c. The person receives no remuneration, either directly or
indirectly, for his or her service on such board; and
d. The primary nature of the business entity is either charitable,
nonprofit or goverrimental.
3. A person has a substantial interest in real property if the interest
is an equitable or legal ownership interest with a fair market value
of $2,500.00 or more (see section 171.002, Texas Local
Government Code).
4. A person has a substantial interest under this chapter if the
person's family member has a substantial interest under this
chapter (see section 171.002, Texas Local Government Code).
State Law References: Degrees of relationship, 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
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the city; that governmental decisions and policy should be made in the
proper channels of the governmental structure; that no employee, City
Council Member 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 t:he 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 appainted, 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.
(d) In administering this Code of Ethics and Conduct, the City Council
shall examine all complaints received, but they may dismiss frivolous or
unsubstantiated complaints.
(e) Any contract or transaction which was the subject of an official act
or action of the city in which there is an interest prohibited by this article, or
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which involved the violation of a provision of this article, shall be voidable at
the option of the city council.
Sec. 2-303. Standards of conduct.
(a) No city officer, employee or advisory board member, or their spouses,
shall knowingly:
1. Accept or solicit any gift, favor, service or thing of value from any
person, group or business entity, including a promise of future
employment, that might reasonably tend to influence him in the
discharge of his or her official duties or that the officer, employee
or advisory board member knows or should know is being offered
with the intent to influence the officer's or employee's official
conduct. This prohibition shall not apply to:
a. An occasional non-pecuniary gift, insignificant in value; or
b. An award publicly presented in recognition of public service;
or
c. Any gift which would have been offered or given to the
officer or employee or his or her spouse if he/she were not a
city officer, employee or advisory board member; or
d. Any travel and related expenses to attend ceremonial
functions, provided that such acceptance and attendance
have been approved by the city council prior to the
occurrence of the ceremonial function.
2. Grant in the discharge of his or her official duties any improper
favor, service or thing of value to any person, group or business
entity;
3. Knowingly make an unauthorized disclosure of any confidential
information gained by reason of the position of the officer,
employee or advisory board member concerning property,
operations, policies or affairs of the city, or use such confidential
information to advance any personal interest, financial or
otherwise, of such officer, employee or advisory board member, or
others. This subsection shall not preclude disclosure of such
confidential information in connection with any investigation or
proceeding regarding whether there has been a violation of the
standards of conduct set forth in this code.
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4. Use one's position or office of employment or city facilities,
personnel, equipment or supplies to secure special privileges or
exemptions for himself or others or for the private gain of the city
officer, employee, advisory board member or his or her spouse.
5. Hold himself/herself out as representing the city in any capacity
other than that for which he was appointed, elected or hired.
6. Engage in or accept private employment or render a service when
such employment or service is incompatible with the proper
discharge of his or her official duties or would tend to impair his
or her independent judgment in the performance of his or her
official duties.
7. Make or permit the unauthorized use of city owned vehicles,
equipment, materials or property.
8. Grant any special consideration, treatment or advantage to any
citizen beyond that which is available to every other citizen.
9. After termination of service or employment with the city, appear
before any board or commission of the city in relation to any case,
proceeding or application in which he or she personally
participated or which was under his or her active consideration,
during the period of his or her service or employment.
10. Engage in any dishonest or criminal act or any other conduct
prejudicial to the government of the city or that reflects discredit
upon the government of the city.
11. Knowingly perform or refuse to perform any act in order to
deliberately thwart the execution of city ordinances, rules or
regulations or the achievement of official city programs.
(b) No City Council Member, City employee or their spouses, shall
knowingly:
1. Engage in any exchange, purchase or sale or lease of property,
goods or services with the city, except:
a. Rendering services to the city as a City Council Member or
employee;
b. Paying taxes, fines, iztility service or filing fees;
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c. Executing and performing any developer's agreement or plat
in compliance with laws and regulations applicable to any
person; provided, however, that if any city ordinance, rule or
regulation allows ariy discretion by the appropriate officers or
employees of the city in the interpretation or enforcement of
such ordinance, rule or regulation, any such discretion shall
be exercised in favor of the city in connection with any such
developer's agreement or plat;
2. Transact any business in his or her official capacity with the
city with a business entity in which he/she has a substantial
interest.
(c) No officer, advisory board member or city employee shall knowingly
represent, directly or indirectly, any person, group or business entity:
1. Before the city council or any department, agency, board or
commission of the city;
2. In any action or proceeding against the interests of the city or in
any litigation in which the city or any department, agency, board or
commission thereof is a party; or
3. In any action or proceeding in the municipal courts of the city
which was instituted by a city officer or employee in the course of
his or her official duties, or a criminal proceeding in which any city
officer or employee is a material witness for the prosecution.
(d) The restrictions in this section do not prohibit the following:
A city employee, officer or advisory board member (other than city
council), or his or her spouse, appearing before the city council or
a city department, agency, board or commission to represent
himself or herself in a matter affecting his or her property;
provided, however, that no such person, or his or her spouse, shall
appear before the board or commission of which he or she is a
member.
(e) The restrictions in this section do not apply to business associates
of officers, employees or advisory board members, but only personally to the
officers, employees and advisory board members themselves.
Sec. 2-304. Conflict of Interest.
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(a) If any city officer, employee or advisory board member has a
substantial interest in a business entity or real property involved in any
decision pending before such offic;er, employee or advisory board member,
or the body of which he or she is a member, such officer, employee or
advisory board member shall disclose such interest as provided in
subsection (b) below and shall abstain from further discussion and voting on
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.
(b) A city officer, employee or advisory board member shall disclose
the existence of any substantial interest in a business entity or real property
involved in any decision pending before such officer, employee or advisory
board member shall, prior to any discussion or determination of the matter,
either file an affidavit of disclosure as required by § 171.004 of the Texas
Local Government Code or, if not so required, shall publicly disclose in the
official records of the body or of the city secretary the nature of the interest.
To comply with this paragraph, a city employee shall notify his or her
superior, and the director of human resources in writing of the nature of any
substantial interest he may have in a business entity or real property which
would be affected by an exercise of discretionary authority by the city
employee. The employee's super•ior shall assign the matter to another
employee.
Sec. 2-305. Disclosure of interest.
(a) A local government officer shall file a conflicts disclosure
statement with respect to a person described by Section 176.002(a) of the
Texas Local Government Code if:
1. the person enters into a contract with the local governmental
entity or the local governmental entity is considering entering into
a contract with the person; and
2. the person:
A. has an employment or other business relationship with the
local government officer or a family member of the officer
that results in the officer or family member receiving taxable
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income, other thari investment income, that exceeds $2,500
during the 12-month period preceding the date that the
officer becomes aware that:
(i) a contract described by Subdivision (1) has been
executed; or
(ii) the local governmental entity is considering entering
into a contract with the person; or
B. has given to the loc:al government officer or a family member
of the officer one or more gifts that have an aggregate value
of more than $250 in the 12-month period preceding the date
the officer becomes aware that:
(i) a contract described by Subdivision (1) has been
executed; or•
(ii) the local governmental entity is considering entering in
to a contract with the person.
(b) A local government officer is not required to file a conflicts
disclosure statement in relation ta a gift accepted by the officer or a family
member of the officer if the gift is:
1. given by a family member of the person accepting the gift;
2. a political contribution as defined by Title 15, Election Code; or
3. food, lodging, transportation, or entertainment accepted as a
guest.
(c) A local government officer shall file the conflicts disclosure
statement with the records administrator of the local governmental entity
not later than 5 p.m. on the seventh business day after the date on which the
officer becomes aware of the facts that require the filing of the statement
under Subsection (a).
(d) A local government of'ficer commits an offense if the officer
knowingly violates this section. An offense under this subsection is a Class C
misdemeanor.
(e) It is an exception to the application of Subsection (d) that the
person filed the required conflicts disclosure statement not later than the
seventh business day after the date the person received notice from the local
governmental entity of the alleged violation.
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Sec.2-306. Enforcement.
(a) The city council shall have the primary responsibility for the
enforcement of this Article as it relates to officers and members of city
boards, commissions, and committees. The City Manager shall have the
primary responsibility for the enforcement of this Article as it relates to
employees. The city council may direct the city attorney to investigate any
apparent violation of the code by an officer or member of city boards,
commissions, and committees or it may employ or appoint any qualified
attorney to investigate any violation or series of violations of this code by any
officer or member of city boards, commissions, and committees.
(b) Any person who believes that a violation of by an officer or
member of city boards, commissions and committees of any portion of the
code has occurred may file a complaint with the city council who may then
proceed as provided in subsection (a) above. Any person who believes that
an employee has violated any portion of the code must follow procedures as
identified in the City's Personnel Policies and Procedures manual. However,
nothing in this code shall be construed to prevent complainants from
instituting direct legal action through the appropriate judicial authority.
Sec. 2-307. Advisory opinions.
(a) Where any officer, employee or advisory board member has a
doubt as to the applicability of any provision of this article to a particular
situation, or as to the definition of terms used in this article, he may apply to
the city attorney for an advisory apinion. The officer, employee or advisory
board member shall have the opportunity to present his interpretation of the
facts at issue and of the applicability of provisions of this article before such
advisory opinion is made.
(b) Until amended or revoked, any advisory opinion shall be binding
on the city, the city council, and the city attorney in any subsequent actions
concerning the public officer, employee or advisory board member who
sought the opinion and acted on it in good faith, unless material facts were
omitted or misstated in the request for the advisory opinion. Such opinion
shall not be binding in any action initiated by any private citizen.
Sec. 2-308. Distribution of copies of article.
Each officer, employee and advisory board member of the city, elected,
hired or appointed, shall be furnished a copy either electronically (if
requested) or in hard copy before entering upon the duties of his office or
employment and shall sign a written statement acknowledging receipt of the
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copy. A copy of this article shall be furnished to each officer, employee and
advisory board member each year."
Section 3. References herein to the masculine gender shall also refer to the
feminine in all appropriate cases and vice versa.
Section 4. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 5. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 7. That by a supermajority vote of _ ayes and _ nays, the City Council
voted to suspend the rule requiring two readings before adoption of this ordinance.
Section 8. That this ordinance shall become effective from and after its passage of
the first reading and publication as required by law.
PASSED AND ADOPTED on first and final reading this 25th day of July, 2011.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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