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OR 94-672 Code of Conduct for public officials & employees AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 94672 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, TO ADD ARTICLE 1-12, PROVIDING A CODE OF CONDUCT FOR PUBLIC OFFICIALS AND EMPLOYEES; PROVIDING DEFINITIONS; ESTABLISHING STANDARDS OF CONDUCT; ESTABLISHING A CONDUCT REVIEW BOARD; PROVIDING DISCIPLINARY MEASURES FOR VIOLATION OF THE STANDARDS OF CONDUCT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTlYE DATE. WHEREAS, the City Council of the City of Coppell, Texas, upon full consideration of the matter, has determined the desirability and necessity of providing standards of conduct for the City's public officials and employees and providing disciplinary measures for violations of such standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas, be, and the same is hereby, amended by amending Chapter 1, in part, to add Article 1-12 to read as follows: "ARTICLE 1-12 CODE OF CONDUCT Sec. 1-12-1 POLICY It is the policy of the City of Coppell that all elected and appointed City officials and employees shall act and conduct themselves so as to give no occasion for distrust of their integrity, impartiality or their dedication to the best interest of the City of Coppell and the public trust which they hold. The citizens of Coppell have a right and expect that all public officials and employees will conduct themselves in a manner that will tend to preserve public confidence in and respect for the government they represent. The public confidence and respect can best be promoted if all public officials and employees, whether paid or unpaid, whether elected or appointed, will uniformly treat all citizens with courtesy, impartiality, fairness and equality under the law and avoid both actual and potential conflicts between their private self-interest and the public trust. The purpose of this Code is to establish general guidelines for standards of conduct for all officers and employees of the City by setting forth conduct which is incompatible with the best interests of the City, and by directing disclosure by officers and employees of private financial or other interests in matters affecting the City. Sec. 1-12-2 DEFINITIONS When used in this article words of one gender include the other gender and the following terms shall have the meanings respectively ascribed to them in this section: Benefit means anything reasonably regarded as economic gain or economic advance, including benefit to any other person in whose welfare the beneficiary is interested, but does not include a contribution or expenditure made and reported in accordance with law. Business entity means a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized by law through which business is conducted. Confidential information includes privileged statements or communications, whether express or implied, oral or written, between the City officers and employees and their attorneys, work product of the City Attorney or other attorneys representing the City, its officers and employees, and City records, documents and other information not subject to public disclosure or dissemination by law. Employee means any person employed by the City, including those individuals on a part time basis, but does not include an independent contractor or City Councilmember. Official or Officer means the Mayor, any member of the City Council, an appointed official, and any appointed member of a board, commission, or committee set up by ordinance, charter, state law or otherwise, on a temporary or permanent basis excluding those boards, commissions or entities not operating under the direct authority of or subject to the direct control of the City Council. 2 AGG05F2B Relative means any person related to an officer or employee within the first degree by consanguinity or affinity and shall include a spouse, father, mother, son, daughter, brother or sister. Sec. 1-12-3 STANDARDS OF CONDUCT - OFFICERS AND EMPLOYEES No officer or employee of the City or a relative thereof shall: A. 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. The "financial interest" contemplated under this section and under the City Charter requires that the officer or employee receive an actual financial benefit from the transaction with the City. An actual financial benefit from the transaction shall not include: (1) An ownership in the entity transacting with the City where the ownership interest is less than ten (10) percent, (2) Compensation as an employee, officer, or director of the entity transacting with the City where such compensation is not affected by the entity's transaction with the City. B. Participate in a vote or decision on any matter in which the officer or employee has a direct or indirect financial interest, or in which a relative of the officer or employee has a direct or indirect financial interest. It is expressly provided herein that an investment or ownership in a publicly held company in an amount less than $5,000 does not constitute a prohibited financial interest under this Article. C. (1) No employee or City Council Member shall represent or appear on behalf of private interests of others before any agency of the City, or any City board, commission or committee, nor shall they represent any private interest of others in any action or proceeding involving the City, nor voluntarily participate on behalf of others in any litigation to which the City might be a party. (2) No other officer shall represent or appear on behalf of the private interests of others before the board, commission or committee of which the officer is a member, or before the City Council or other board on an appeal from such board, 3 AGGOSFZB commission or committee concerning such matter. D. Accept or solicit any money, property, service or other thing of value, by way of gift, favor, loan or otherwise, which they know, or should know, is being offered or given with the intent to unlawfully influence the exercise or performance of their official duties, or in return for having exercised or performed official duties. The prohibition against gifts or favors shall not apply to: (1) an occasional non-pecuniary gift of less than $25 in value; or (2) an award publicly presented in recognition of public service; or (3) an occasional meal, breakfast, lunch or dinner, where public business is discussed; or (4) tee shirts, caps and other similar promotional material; or (5) any gift which would have been offered or given to him if he were not an officer. E. Use their official position to secure special privileges or exemptions for themselves or others. F. Grant any special consideration, treatment or advantage to any citizen, indMdual, business organization or group beyond that which is normally available to every other citizen, individual, business organization or group. G. Disclose or reveal any information, or the contents of any discussion, considered during an executive session or closed meeting conducted pursuant to the Texas Open Meetings Act, TEX. GOV'T. CODE, Chapter 552, as amended, held by the City Council, any City agency, board, commission, committee, or department except as may be authorized by a majority vote of that body. H. Disclose confidential information. I. Directly or indirectly use any confidential information which was gained by reason of their official position or employment for their own personal gain or benefit or for the benefit of others. Disclose or reveal any information or the contents of any discussion which would violate the provisions of the Texas Open Meetings Act, Tex. Gov't Code Chapter 552, as amended, or the Texas Open Records Act, Tex. Gov't 4 AGG05F2B Code Chapter 551, as amended. J. Engage in any outside activities which will conflict with, or will be incompatible with their positions as officers of the City, the duties of employment with the City, or in which their employment in the City will give them an advantage over others engaged in a similar business, vocation, or activity. K. Accept other employment incompatible with the full and proper discharge of their duties and responsibilities with the City, or which might impair their independent judgment in the performance of public duty. L. Receive any fee or compensation for services as an officer or employee of the City from any source other than the City, except as may otherwise be provided by law. This shall not prohibit an officer or employee of the City from performing the same or other services for a private organization that they perform for the City if there is no conflict with their duties and responsibilities. M. While in uniform or on active duty, or in the course and scope of their employment, term or appointment, use the influence or prestige of their position or title as an officer or employee of the City of Coppell for or against any candidate for any elective office, but shall at all times maintain the nonpartisan policy of the City, provided that all officials and employees are encouraged to register and vote as they may choose in all local, state and national elections. Notwithstanding the foregoing, no officer or employee shall be prohibited from participating in any political process solely in their individual capacity as a private citizen. N. Knowingly perform or refuse to perform any act to deliberately thwart the execution of the City ordinances, rules, or regulations, or the achievement of official City programs. O. 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. P. Engage in any conduct prejudicial to the government of the City or that reflects discredit upon the government of the City. 5 AGGOSF2B Sec. 1-12-4 ADDITIONAL STANDARDS OF CONDUCT - COUNCIL MEMBERS A. 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 other Council members, and thereafter abstain from voting in the matter, and refrain from attempting to influence the vote of any other Council member. B. 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 the Council member is employed, from the past/present business client/customer amount to the sum of $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. C. 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. D. With the exception of those proceedings allowed under this Article, Council members shall not personally appear in their own behalf before the City Council, any board, commission or committee but may designate and be represented by a person of their choice in any such personal matter. Sec. 1-12-5 ADDITIONAL STANDARDS OF CONDUCT - FORMER OFFICERS AND EMPLOYEES A. Past Council Members shall not appear before the City Council or any board, commission, or committee and represent any interest on any matter which was pending in the City during their service, for a period of one (1) year after the date of termination of such relationship with the City. B. Past officers of the City other than a Council Members shall not 6 AGGOSF2B appear before any board, commission, or committee on which the officer previously served, or shall represent any interest on any matter which was pending before that board, commission, or committee during their service, for a period of one (1) year after date of termination of such relationship with the City. C. No past employee shall appear before any board, commission, or committee, or shall represent any interest on any matter which was considered or pending before said employee or the department in which the employee worked, for a period of one (1) year after date of termination of such relationship with the City. D. No officer with respect to any contract or transaction which is, or may be, the subject of an official act or action of the City, shall acquire an interest in such contract or transaction at a time when the officer believes, or has reason to believe, that it will directly or indirectly be affected by an official act or action of the City. E. Past officers and employees shall not appear before any board, commission, committee or agency of the City in relation to any case, proceeding, application, or contract in which they personally participated during the period of their service or employment, or which was under their active consideration, for a period of one year from the date of termination of such relationship with the City. Sec. 1-12-6 DISCLOSURE OF INTEREST All officers and employees, whether elected, appointed or hired, who have a prohibited financial interest in any matter pending before the City, shall disclose such interest to other members of the City Council, committee, commission or board, of which they are a member, or, in the case of an employee, to his supervisor, and shall refrain from further discussion of the matter; shall not be physically present when the subject is discussed in an Executive Session; and, shall not vote on or participate further therein in any manner. Sec. 1-12-7 COMPLAINT PROCEDURE A. All allegations or complaints that an official or employee has violated the Code of Conduct outlined in this Article shall be made in writing, sworn to before a notary public, and filed with the City Secretary. Such complaints shall describe in detail the act or acts complained of and the specific section(s) of this Code of Conduct alleged to have been violated. A general complaint or allegation lacking in detail will 7 AGGOSF2B not be considered sufficient to invoke the investigation procedures set forth herein and anonymous complaints shall not be considered. Such allegations or complaints shall thereafter immediately be referred for legal review to an attorney (Special Counsel) who shall review the complaint in light of the Code of Conduct set forth in this Article. B. The Special Counsel shall be a resident of the City and licensed to practice law in the State of Texas; and shall not be in arrears on the payment of taxes or other liability to the City, or have been a party to or represented any party to any litigation involving and/or with adverse interests to the City. The Special Counsel shall be selected on a rotation basis from an eligibility list of attorneys established by the City Council for these purposes; said attorney shall have all the powers of investigation as are given to the City Council by reason of the City Charter. The Special Counsel performing the legal review shall report back to the City Council in writing as soon as possible but in no event more than 30 days after the day of assignment unless an extension is granted by a majority of the eligible Council members. If the Special Counsel determines that the facts as alleged do not constitute a violation of the Code of Conduct, the matter shall be considered concluded. If the Special Counsel determines that a criminal violation may exist, the Special Counsel shall refer the matter to the appropriate law enforcement agent. If the Special Counsel determines that the facts as alleged could constitute a violation of the Code of Conduct by an official, the report should be given to the Conduct Review Board. A hearing shall be held by the Conduct Review Board to review the report of the allegation or complaint and any information relevant concerning the officer. In the case of an employee, the report shall be referred to the City Manager for appropriate action consistent with the City Charter and the City personnel rules and regulations. C. The Conduct Review Board shall be comprised of the Mayor, the Mayor Pro Tem, and three registered voters chosen from a list of citizens who have submitted their names to the City Secretary to serve on the Conduct Review Board. No citizen who is in arrears in the payment of any taxes or other liability due the City or who has been a party to litigation involving and/or with adverse interests to the City is eligible to serve on the Conduct Review Board. The Mayor shall serve as the Board Chairperson. In the event the allegations or complaint concerns the Mayor or Mayor Pro Tem, such person or persons shall be replaced by a member of the City Council drawn by lot. The Special Counsel shall serve as an ex officio member of the Conduct Review Board and shall present the report. AGGOSF2B D. A request for participation of citizens who are registered voters to serve on the Conduct Review Board, and licensed attorneys to serve as Special Counsel, shall be placed in the City's official newspaper. Applications for such participation shall be filed with the City Secretary who shall compile a list of such citizens who are willing to serve on the Conduct Review Board and to serve as Special Counsel at the same time the City Council seeks applicants for other boards and commissions. E. All hearings of the Conduct Review Board shall be conducted as follows: (1) The Conduct Review Board shall have all of the powers of investigation including subpoena power as are given to the City Council by reason of the City Charter. (2) An official shall have the right to be represented by counsel, the right to a full and complete hearing with the opportunity to call witnesses and present evidence. (3) The Conduct Review Board shall receive evidence from the official or employee alleged to have violated this Article, or evidence from any person the affected official or employee feels may assist in such official's or employee's defense, and from the person accusing such official or employee, or any other person as the Board deems necessary. (3) The Board may request, and if necessary subpoena, witnesses, books, records or any documents which relate to the allegations or complaint. (4) The Board, upon completion of any hearing, shall render a decision in writing to the City Attorney and the official or employee involved within twenty (20) days, either determining no violation occurred, or setting forth requirements to be complied with in order that voluntary compliance may be had and final determination obtained. In the event that voluntary compliance is not obtainable, action consistent with the City Charter may be taken. Sec. 1-12-8 VIOLATIONS A. The failure of an officer to comply with, or the violation by an officer of, one (1) or more of the standards of conduct in this Article shall 9 AGGOSF2B constitute grounds for expulsion, reprimand, or removal from office to the extent ~lowed by law. B. In the case of any employee of the City, disciplina~ action and appeals therefrom shall be in cofformance with procedures established by the CiW ChaSer and CiW personnel rules and re~lations." SECTION 2. Rat all provisions of the Code of Ordinances of the CiW of Coppell, Texas, in co~ict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the pro~sions of this ordinance shall remain in full force and effect. SECTION 3. Rat should any word, phrase, paragraph, section or potion of this ordinance or of the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same sh~l not affect the validity of the remai~ng portions of s~d ordinance or of the Code of Ordinances, as amended hereby, which shall remain in f~ll force and effect. SECTION 4. Rat this ordinance shall become effective from and ~ter its passage as the law and charter in such cases pro~de. DULY PASSED by the CiW Council of the Ci~ of Coppell, Texas, this the / ~ day of ,, c.,~ ~!:~ ,1 , 1994. ~PRO~D: ~;M M~~,N, ~YO~ 10 AGGOSF2B ATTEST: / LINDA:GRAU, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMI~ORNEY (PGS/ja 10-14-94) ll AGGOSF2B