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OR 2022-1575 Code of EthicsPage | 1 TM 128883 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 2022-1575 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 1 ‘ADMINISTRATION’, BY ADDING NEW CHAPTER 1A “CODE OF ETHICS AND CONDUCT”; PROVIDING FOR DECLARATION OF POLICY AND DEFINITIONS, PROVIDING FOR REGULATIONS FOR CODE OF CONDUCT; PROVIDING FOR CONFLICTS OF INTEREST, PROVIDING FOR FORMER CITY OFFICIALS AND EMPLOYEES; PROVIDING FOR ENFORCEMENT, CULPABLE MENTAL STATE, AND PENALTIES; PROVIDING FOR PROCEDURES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell desires to add a Code of Ethics and Conduct to the Code of Ordinance to establish rules and regulations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 1A, “Code of Ethics” is hereby amended by adding a new Chapter 1A, Article 1 “Code of Ethics” to read as follows: “CHAPTER 1A. CODE OF ETHICS AND CONDUCT ARTICLE I. DECLARATION OF POLICY AND DEFINITIONS. Sec. 1A-1-1. Statement of Purpose and Principles of Conduct. A.Purpose. It is hereby declared to be the policy of the city that the proper operation of democratic government requires that: 1.city officials be independent, impartial, and responsible only to the people of the city; 2.governmental decisions and policy be made using the proper procedures of the governmental structure; 3.except as provided in the Coppell City Charter, no city official shall have any financial interest, direct or indirect, or engage in any business, transaction, or professional activity; or incur any obligation of any nature that is in conflict with the proper discharge of the city official's duties in the public interest; Page | 2 TM 128883 4. public office not be used for personal gain; and 5. the city council at all times be maintained as a nonpartisan body. B. Principles of conduct. The city council further believes that an elected or appointed official of the city assumes a public trust and should recognize the importance of high ethical standards within the organization they lead or support. Essential values and ethical behaviors that an elected or appointed official should exemplify include the following: 1. Commitment beyond self. 2. Obedience and commitment to the law. 3. Commitment to the public good. 4. Respect for the value and dignity of all individuals. 5. Accountability to the public. 6. Truthfulness. 7. Fairness and Impartiality. 8. Responsible application of resources. C. Application. 1. To implement the purpose and principles of conduct in this section, the city council has determined that it is advisable to enact this code of ethics for all city officials, and persons doing business with the city, to serve as a standard for official conduct and as a basis for discipline. 2. This chapter is cumulative of and supplemental to all applicable provisions of the city charter, other city ordinances, and state and federal laws and regulations. Compliance with this chapter does not excuse or relieve any person from any obligation imposed by the city charter, other city ordinances, or state or federal laws or regulations. D. No cause of action. This section is a statement of purpose and principles only. Nothing in this section may be used to create a cause of action under this chapter. Sec. 1A-1-2. Employees The standards of conduct for employees of the City are governed by in the Employee Policy and Procedure Handbook and other personnel procedures adopted by the City. All complaints that an employee has violated these standards shall be referred to the City Manager or Director of the City Department where the employee works. Sec. 1A-1-3. Definitions. In this chapter, the following words and phrases have the meanings ascribed to them in this section, unless the context requires otherwise: Accept. A person "accepts" an offer of employment or a business opportunity when the person enters into a legally binding contract or any informal agreement or understanding that the parties expect to be carried out. Page | 3 TM 128883 Affiliated. Business entities are "affiliated" if one is the parent or subsidiary of the other or if they are subsidiaries of the same parent business entity. Before The City. Representation or appearance "before the city" means before: 1. the city council; 2. a board, commission, or other city body or city entity; or 3. a city official. Benefit means anything reasonably regarded as monetary gain or monetary advantage, including a personal benefit to any other person in whose welfare the beneficiary has a direct and substantial interest. Business Entity means a sole proprietorship, partnership, limited liability company, firm, corporation, holding company, joint-stock company, receivership, trust, unincorporated association, or any other entity recognized by law, except that the term does not include a governmental entity. City means the city of Coppell, Texas. City Council Member Or Member Of The City Council means all members of the Coppell city council, including the mayor. Client. 1. The term "client" includes any specialized and highly personalized professional business relationship of an individual official. The term does not include a regular or ordinary business or vendor relationship. 2. If the official does not personally represent the client but conducts business as a member of a primary partnership or professional corporation or conducts business through another entity, a client of the partnership, professional corporation, or entity is deemed to be a client of the official if: a. the partnership, professional corporation, or entity derived two percent or more of its annual gross income within the preceding 12 months from the client; and b. the city official knows of the client's relationship. Code of Conduct or Conduct Code means this chapter Code Of Ethics or Ethics Code means this chapter. Confidential Government Information includes: 1. all information held by the city that is not available to the public under the Texas Open Records Act; 2. any information from a meeting closed to the public pursuant to the Texas Open Meetings Act; 3. any information protected by attorney-client, attorney work product, or other Page | 4 TM 128883 applicable legal privilege; and 4. any research, opinions, advice, recommendations, reasoning, or conclusions in a draft document concerning city business or city policy that has not yet been released to the public in accordance with established city procedures. Department Director means the head of any department or office, including an office under the city manager, that is created by the city charter or by ordinance of the city council. Discretionary Contract means any contract other than one that by law must be awarded on a competitive bid basis. Doing Business with The City means any person, either individually or on behalf of an entity, who submits a bid or proposal, or negotiates or enters into any city contract, whether or not the contract is required by state law to be competitively bid. Domestic Partner means an individual who, on a continuous basis, lives in the same household and shares the common resources of life in a close, personal, intimate, committed relationship with a city official. A domestic partner may be of the same or opposite gender as the official and is not married to or related by blood to the official. Donation means a voluntary transfer of property (including the payment of money) or the conferral of a benefit having monetary value (such as the rendition of services or the forbearance of collection on a debt) to the city, unless consideration of equal or greater value is received by the donor. Employee Or City Employee means any person listed on the city of Coppell payroll as an employee, whether part-time, full-time, permanent, or temporary. Ex Parte Communication means any communication not made in a written document filed with the Ethic Review Panel and not made orally during a hearing but does not include a communication made pursuant to an inquiry duly authorized by the commission. Former City Official or Employee means a person who has left service as a city official or employee. Gift means a voluntary transfer of property (including the payment of money) or the conferral of a benefit having monetary value (such as the rendition of services or the forbearance of collection on a debt), unless consideration of equal or greater value is received by the donor. Knowingly Or with Knowledge. A person acts "knowingly" or "with knowledge" regarding his or her conduct or to circumstances surrounding his or her conduct when the person is aware of the nature of the conduct or that the circumstances exist or should be reasonably certain to cause the result. Page | 5 TM 128883 Official Or City Official includes the following persons: 1. City council members. 2. Municipal judges. 3. The city manager and city attorney, 4. Members of all boards, commissions, committees, and other bodies created by the city council pursuant to city ordinance, federal or state law, including bodies that are only advisory in nature. 5. City council appointed members of boards, commission or other council appointees that were created by the city council. 6. For purposes of Chapter 1A only, a volunteer on committees or task forces formed by boards or commissions. Official Action includes: 1. any affirmative act (including the making of a formal or informal recommendation), that is within the scope of an official's duties; and 2. any failure to act, if the official is under a duty to act. Official Capacity or Official Duties means acting, or actions relating to matters, within the scope of employment or office, or under the official’s control or supervision. Official Information includes information gathered pursuant to the power or authority of city government. Partner includes any partner in a general partnership, limited partnership, or joint venture. Perishable Food or Beverages are consumable products, such as packaged foods, delivered fresh foods, including baked goods and edible gift baskets, sealed beverages, and floral arrangements. Personal Benefit means any benefit knowingly solicited, accepted, or agreed to be accepted by another for the purpose of influencing how a city official performs or refrains from performing an official action. Personally Participated. The requirement of having "personally participated" in a matter is met only if the individual in fact exercised discretion relating to the matter. The fact that the person had responsibility for a matter does not by itself establish that the person "personally participated" in the matter. Relative means a spouse, domestic partner, child, stepchild, brother, sister, parent or stepparent, or a person claimed as a dependent on the city official latest individual federal income tax return. Page | 6 TM 128883 Representation encompasses every form of communication or personal appearance in which a person, not acting in performance of official duties, formally or informally serves as an advocate for private interests. Lobbying and service as an expert witness, even on an informal basis, are forms of representation. "Representation" does not include appearance as a fact witness in litigation or other official proceedings. Solicitation. "Solicitation" of subsequent employment or a subsequent business opportunity includes any form of proposal or negotiation relating to employment or a business opportunity. ARTICLE II. CODE OF CONDUCT Sec. 1A-2-1. Fiduciary Duty. A city official, in the performance of that person's official duties, shall fulfill the city official's fiduciary duty to the city. Sec. 1A-2-2. Standards of Behavior; Standards of Civility. A. Standards of behavior. City officials shall, when acting in the performance of their official duties, comply with the following standards of behavior: 1. To conduct themselves and to operate with integrity and in a manner that merits the trust and support of the public. 2. To uphold all applicable laws and regulations to protect and enhance the city's ability to accomplish its mission. 3. To treat others with respect, doing for and to others what the official would have done for and to him or her in similar circumstances. 4. To be a responsible steward of the taxpayer resources. 5. To take no actions that could benefit the official personally at the unwarranted expense of the city, avoiding even the appearance of a conflict of interest, and to exercise prudence and good judgment at all times. 6. To carefully consider the public perception of personal and professional actions and the effect such actions could have, positively or negatively, on the city's reputation both in the community and elsewhere. 7. To strive for personal and professional growth to improve effectiveness as an elected or appointed official. B. Standards of civility. City officials shall, when acting in the performance of their official duties, comply to the following standards of civility in their interactions with city officials, city employees, residents, and persons doing business with the city: 1. City officials shall accord the utmost respect and courtesy to each other, city officials, city employees, residents, and persons doing business with the city. 2. City officials shall not make comments or take actions that are abusive; belligerent; crude; derogatory; impertinent; personal attacks upon the character, integrity, or motives of others; profane; slanderous; or threatening. Page | 7 TM 128883 3. City officials shall preserve order and decorum in meetings in accordance with Roberts Rules of Order and the applicable rules of procedure of the city council, board, or commission. 4. City officials shall treat city employees as professionals and specifically shall not: a. interfere with the work of city employees. b. impair the ability of city employees to implement city council policies. c. influence city employees in the making of recommendations or decisions. d. criticize a city employee's performance in public. e. berate nor admonish city employees. 5. City officials shall work through the city manager, city secretary, city attorney, and the applicable department director to obtain information or request assistance with projects, rather than contacting city employees directly. This provision does not apply to professional and administrative assistants to the mayor and city council. 6. Because independent advice from boards and commissions is essential to the public decision-making process, city council members shall not: a. use their position to influence the deliberations or decisions of boards and commissions. b. demand that board or commission members vote as requested by the city council member or threaten board or commission members with removal. C. This paragraph does not prohibit city council members from receiving information from or providing information to a board or commission member, working together with board and commission members on projects, or expressing their opinions to board and commission members or when formally call upon by law or ordinance to refer a matter to a board, commission or body. Sec. 1A-2-3. Anti-Discrimination. a) A city official shall not commit any act or engage in any conduct while acting in their official capacity to exclude anyone from our community based on their race, ethnicity, color, age, religion, marital or parental status, sex, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, military or veteran status, political opinions or affiliations, or any other legally protected characteristic or status diminishes us and compromises our ability to fulfill our mission. b) Discrimination or commit any act or engage in any conduct, public or private, which indicate a bias, prejudice, or lack of impartiality against others based on any of these factors, or any other legally protected classifications, is prohibited. c) Engage discriminatory harassment and other offensive acts include any conduct, whether verbal, visual, or physical, which affect a person’s ability to perform official duties or would negatively reflect on the city or, that creates an abusive and hostile work environment, or that has the purpose or effect of interfering with a City employee's work performance or development. Sec. 1A-2-4. Retaliation Prohibited. Page | 8 TM 128883 A person commits an offense if he or she retaliates, threaten, attempts to threat or coerce against any person for filing a complaint, or for testifying, assisting, or participating in any manner in a proceeding or hearing under this chapter. Sec. 1A-2-5. Other Persons. A.Violations by other persons. A city official shall not knowingly assist or induce, or attempt to assist or induce, any person to violate any provision of this chapter. B.Using others to engage in forbidden conduct. A city official shall not violate any provision of this chapter through the acts of another. C.Participation in ethics violations. No person shall intentionally or knowingly induce, attempt to induce, conspire with, aid, or assist, or attempt to aid or assist another person to violate any provision of this chapter. Sec. 1A-2-6. Duty To Report. Duty to report violations. Persons shall immediately report any conduct that the person knows to be a violation of this chapter to the special legal counsel. Failure to report a violation of this chapter is a violation of this chapter. Any person who knowingly fails to report a violation of this chapter shall be subject to sanctions described in this chapter. For purposes of this section, a report made to the special legal counsel's Fraud, Waste, or Abuse hotline will be considered a report under this section. Sec. 1A-2-7. Ethics Training. A.All new city officials shall receive ethics training within 30 days after being elected, appointed to office, or hired by the city. All current city officials shall receive ethics training on an ongoing basis but at least every two years. B.All city officials who are leaving city service shall receive ethics information concerning requirements for former city officials before the city official ends their city service. C.The director of the office of procurement services shall publish on the city's website information as to how this chapter applies to consultants or contractors and to city officials who work with consultants or contractors. D.This ethics training and information required by this section shall be made available in a format and medium as determined by the chief integrity officer. The chief integrity officer, in coordination with the city manager, city auditor, and city secretary's liaisons, shall structure ethics training and information to ensure that participants have the necessary knowledge to accomplish the statement of purpose in this chapter and comply with all applicable ethics laws. City officials must demonstrate such knowledge by passing any required ethics training. Page | 9 TM 128883 E.Failure to receive ethics training, documents, or notices required by this section does not waive that person's duty to comply with this code of ethics or waive enforcement of this chapter. Sec. 1A-2-8. Dissemination Of Code of Ethics. A.Within 30 days after starting their position, every new city official must be given a copy or a link to this chapter. The City Manager or designee [City Secretary] shall provide a copy of this chapter to every city official. Each city official shall acknowledge, in writing, that they received a copy or link to this chapter. Copies of this chapter must be made readily available to the public. B.The failure of any person to receive a copy of this chapter or a link to the chapter will have no effect on that person's duty to comply with this chapter or on the enforcement of the provisions of this chapter. Sec. 1A-2-9. Ethics Pledge. All city officials, before their appointment, shall sign the following ethics pledge and file it with the city secretary: "I have received a copy of Coppell Code of Ordinance Chapter 1A, "Code of Ethics." I have read and understand the Code of Ethics. I understand that the Code of Ethics is binding on me, and therefore I agree to comply with the Code of Ethics. I understand that the Code of Ethics imposes restrictions on present city officials, former city officials, lobbyists, and persons doing business with the city. I agree to participate in periodic ethics training. I agree to seek advice from the City Attorney's Office when necessary to ensure compliance with the Code of Ethics. I agree that I will not violate the Code of Ethics, participate in violations of the Code of Ethics, or fail to report violations of the Code of Ethics. I understand that violation of the Code of Ethics, participation in a violation of the Code of Ethics, and failure to report a violation of the Code of Ethics may result in severe consequences." ARTICLE III. CONFLICTS OF INTEREST. Sec. 1A-3-1 Gifts. A.General rules. 1. A city official shall not solicit, accept, or agree to accept any gift, favor, benefit, or service that: a. reasonably tends to influence or reward official conduct; or b. the city official knows is intended to influence or reward the discharge of official duties. Page | 10 TM 128883 2.A person or business entity shall not knowingly offer any gift or benefit to a city official that: a. reasonably tends to influence or reward official conduct; or b.the person or business entity knows is intended to influence or reward the discharge of official duties. 3.Except as provided in Subsection (f), a city official shall not accept cash, a cash equivalent open loop gift card (including a Visa or Mastercard gift card), check, or negotiable instrument from any person or representative of a person or entity who does business with or is seeking to do business with the city. In this Paragraph OPEN LOOP means a general-purpose charge card that can be used anywhere that brand of card is accepted and does not include closed loop gift cards that can only be used at a specific merchant listed on the card. 4.A city official who receives an unsolicited benefit or gift that he or she is not allowed to accept or does not wish to accept to avoid any appearance of impropriety, may donate the item to the city or another governmental entity that has the authority to accept the item or to recognize tax-exempt charitable organization formed for educational, religious, or scientific purposes. A city official who donates an unsolicited benefit or gift may notify the special legal counsel on a form approved by the special legal counsel that provides the city official’s name, the gift donated, and the entity to which the city official donated the unsolicited benefit or gift. B.Exceptions. Subsection (a) does not include: 1.reimbursement of reasonable expenses for travel in accordance with the city's ordinances, administrative directives, and this section; 2.a public award or reward in recognition of public service or professional achievement, if the award or reward is reasonable in light of the occasion; 3. a loan from a lending institution made in its regular course of business on the same terms generally available to the public; 4.a scholarship or fellowship awarded on the same terms and based on the same criteria applied to other applicants; 5. admission, regardless of value, to an event that a city official is invited to, is offered tickets to, or is participating in relating to their official duties or responsibilities, including gathering information about a current or potential city supported program; 6.tickets, meals, travel, lodging, and entertainment accepted by a city official in accordance with this Subsections (c) and (d); 7.gifts having a nominal value (a noncash value of less than $50.00) accepted by a city official from a resident or person or entity doing, or seeking to do, business with the city if a city official does not receive cumulative gifts from a single source in a calendar year of more than $50.00 or plaques, caps, key rings, mugs, tee shirts, fresh cut flowers given at public appearances, or perishable food and beverages infrequently given. Page | 11 TM 128883 8.Grant or subsidy under program or project to other citizens qualified class or group of citizens adopted by council for which the councilmember has not participated or approved. 9. A ceremonial or protocol gift given to a city official on behalf of the city, provided that any ceremonial or protocol gift given a.a city official valued over $300.00 must be delivered to the city manager as a donation to the city; or 10.Gifts from a relative or a person with whom the city official has a personal, professional, or business relationship independent of the city official's status with the city. C.Honorarium, meals, travel, lodging, and entertainment. 1.A city official may not solicit, accept, or agree to accept any honorarium (cash payment or in-kind gift, except a plaque) in consideration for services that a city official would not have been requested to provide but for his or her official position or duties. 2. A city official may accept meals, travel, lodging, or entertainment if: a.city official is a guest; and b. the donor or host is present at the meal, travel, lodging, or entertainment (meals, lodging, travel, or entertainment from a person who does business or is seeking to do business with the city when the donor host is not present is prohibited). D.Tickets. 1.When receiving complimentary tickets, city officials must evaluate whether the tickets are a gift in violation of Subsection (a). 2.City officials may receive tickets to a fundraiser or charity event that benefits a city facility or program, subject to availability and in the sole discretion of an event sponsor under fifty dollars ($50.00) at face value. These tickets may not be sold or transferred, except to another city official. 3.City officials may receive tickets to city owned facilities that are operated by the City or a licensed non-profit entity. E.Reporting. City officials must report gifts, including tickets, meals, travel, lodging, or entertainment in accordance with applicable state law and the city's reporting requirements in Article VI. F.Campaign contribution exception. The general rule stated in Subsection (a) does not apply to a campaign contribution received and reported in compliance with the Texas Election Code. Sec. 1A-3-2. Personal Benefit to Others. A.Personal benefits to others. To avoid the appearance and risk of a conflict of interest, a city official shall not use his or her official position or office, to take or Page | 12 TM 128883 refrain from taking, official action that he or she knows will result in a personal benefit for any of the following persons or entities: 1.a relative within the second degree of consanguinity or affinity of the city official; 2.a person with whom the city official has a financial or business relationship, including but not limited to: a.an outside employer business of the city official, or their relative, or someone who works for such outside employer of business; b.a client or substantial customer of the city official, or their relative (SUBSTANTIAL means an amount exceeding 10 percent of the city official, or their relative's income for the previous year); c.a debtor or creditor of the city official, or their relative; or d.a person or business entity with whom the city official has, directly or indirectly, within the past 12 months, i.engaged in negotiations pertaining to a business opportunity, or ii.solicited an offer of employment, received, and not rejected an offer of employment, or accepted an offer of employment. B.Recusal and disclosure. A city official whose conduct would violate a section of this article shall follow the recusal and disclosure requirements in this Chapter. C.Exceptions. A personal benefit does not include: 1.salaries, compensation, or employee benefits; 2.campaign or political contributions that are made and reported in accordance with state law; 3.hospitality extended for a purpose unrelated to the official business of the city; 4.a public award or reward in recognition of public service or professional achievement, if the award or reward is reasonable in light of the occasion; 5.gifts or other ceremonial symbols of recognition presented by representatives of governmental bodies or political subdivisions who are acting in their official capacities; 6.a loan from a lending institution made in its regular course of business on the same terms generally available to the public; 7.complimentary copies of trade publications; and 8. anything of value received as a devise, bequest, or inheritance. Sec. 1A-3-3. Miscellaneous Conflicts of Interest. A.Special rules. 1.Acquisition of interest in impending matters. A city official shall not acquire an interest (economic or otherwise) in any matter if the official knows that the interest will be affected by impending official action of the city. 2.Acquisition of interest in decided matter. A city official shall not acquire an interest (economic or otherwise) in any matter affected by an official action of the city for a period of one year after the date of the official action. Page | 13 TM 128883 3.Reciprocal favors. A city official may not enter into an agreement or understanding with any other person that official action by the official will be rewarded or reciprocated by the other person. 4.Benefits to previous employers. A city official may not, within 12 months of entering city employment or service, award a contract or participate in a matter benefiting a person or business entity that formerly employed the city official. 5.Area of notification conflict. A.General. A city official may not take official action on, or otherwise participate in, a matter if the city official has an ownership interest, a lease, or other economic interest in a property within 200 ft. area of notification listed in any land use matter. For purposes of this paragraph, ECONOMIC INTEREST includes, but is not limited to, legal or equitable property interests in land, chattels, and intangibles, and contractual rights, having more than de minimis value. B.Recusal and disclosure. A city official whose conduct would violate Subparagraph (A) of this paragraph shall adhere to the recusal and disclosure requirements in Section 12A-24 of this chapter. Sec. 1A-3-4. Donations. A.Purpose and procedures. 1.Donations of money, real estate, products, and services to the city allow residents to make valuable contributions to city programs and should be encouraged. Persons and business entities making donations should not, however, expect any reward, reciprocal benefit, or influence. 2.Donations must be documented to ensure transparency of government, enable measurement of the value and usefulness of the donation, and allow for audits of donations. 3.For long-term or complex projects and projects involving professional services, an agreement must be drafted to document the scope of goods or services to be donated and to document which party retains ownership of intellectual property. If a donation will lead to city expenditures, expenditures must follow the procurement process if required by city code or state law. B.General rule. 1.A city official shall not solicit, accept, or agree to accept any donation to the city of money, real estate, products, or services that: a. reasonably tends to influence or reward official conduct; or b.the city official knows is intended to influence or reward the discharge of official duties. 2.A person or business entity shall not knowingly offer any donation to the city of money, real estate, products, or services that: a. reasonably tends to influence or reward official conduct; or b.the person or business entity knows is intended to influence or reward the Page | 14 TM 128883 discharge of official duties. C.Reporting. City officials receiving a donation to the city shall report the donation in compliance with this article. D.Exceptions. This section does not apply to gifts made to a city official in compliance with this article. This section does not apply to exceptions to the gift rules. Sec. 1A-3-5. Nepotism. A.Appointment or employment of relatives. 1.A city official shall not appoint, or take any action to influence the appointment of, that person's relative to a quasi- judicial board or commission within the city. 2. A city council member shall not appoint any fellow city council member's relative to the Ethics Review Panel or to any quasi-judicial board or commission within the city. 3.A city official shall not appoint or employ or take any action to influence the appointment or employment of, his or her relative to any position of employment within the city. Sec. 1A-3-6. Confidential Information. A.Improper access. A city official shall not use his or her position to secure official information about any person or entity for any purpose other than the performance of official responsibilities. B.Improper disclosure or use. A city official shall not intentionally or knowingly disclose any confidential government information gained by reason of the official's position. This rule does not prohibit: 1.any disclosure that is no longer confidential government information; 2. the confidential reporting of illegal or unethical conduct to authorities designated by law; or 3.any disclosure, not otherwise prohibited by law, in furtherance of public safety. C.Disclosure of a closed meeting. A city official shall not knowingly disclose to a member of the public the certified agenda, the recording, or the discussion had within a meeting that was lawfully closed to the public, unless the disclosure is made with lawful authority. Sec. 1A-3-7. Representation Of Private Interests. A.Representation before the city. 1.General rule. a.Representation for compensation. A city official shall not represent, for compensation, any person, group, or entity (other than themselves or the city official's relative) before the city. For purposes of this subsection, "compensation" means money or any other thing of value that is received Page | 15 TM 128883 or is to be received in return for or in connection with such representation. b.Representation without compensation. A city official who is a member of a board, commission, or body shall not represent any person, group, or entity before: (i)that city official's board, commission, or body; (ii)city staff having responsibility for making recommendations to, or taking any action on behalf of, that board, commission, or body; or (iii)a board, commission, or body that has appellate jurisdiction over the board, commission, or body of which the city official is a member, if any issue relates to the official's duties. 2. Exceptions. The restrictions in this subsection do not apply to: a.A person who is a city official only because that person is an appointed member of a board, commission, or body, may represent for compensation a person, group, or entity before the city so long as the representation is not before the board, commission, or body that the person is a member. b.If the representation is before a board, commission, or body, of which the city official is a member, that is only advisory in nature. 3.Prestige of office and improper influence. In connection with the representation of private interests before the city, a city official shall not: a. assert the prestige of the city official's position for the purpose of advancing private interest; or b.state or imply that the city official can influence city action on any basis other than the merits. B.Representation in litigation adverse to the city. 1.Officials (other than board and commission members). A city official, other than a person who is classified as an official only because that person is an appointed member of a board, commission, or body, shall not represent any person, group, or entity (other than themselves or their relative) in any litigation to which the city is a party, if the interests of that person, group, or entity are adverse to the interests of the city. 2.Board and commission members. A person who is a city official only because that person is an appointed member of a board, commission, or body shall not represent any person, group, or entity (other than themselves or their relative) in any litigation to which the city is a party, if the interests of that person, group, or entity are adverse to the interests of the city and the matter is substantially related to the official's duties to the city. 3.Affiliates of officials. Subject to applicable professional ethical standards, the restrictions stated in Subsections (b)(1) and (b)(2) do not apply to representation by a partner or other affiliate of a city official so long as the city official does not participate in any manner whatsoever in the partner's or affiliate's representation. C.Representation in municipal court. No member of the city council may engage in the practice of law in or before the municipal court of the city or otherwise participate as an attorney in a matter where a city official may appear as a material witness or any matter or criminal proceeding where a city official is the reporting Page | 16 TM 128883 agency. Sec. 1A-3-8. Conflicting Outside Employment. A. General rule. A city official shall not: 1. solicit, accept, or engage in concurrent outside employment that could reasonably be expected to impair independence of judgment in, or faithful performance of, official duties; or 2. personally provide services for compensation, directly or indirectly, to a person or organization that is requesting an approval, investigation, or determination from the body or department of which the official is a member. B. Exception. The restrictions stated in Subsection (a) do not apply to: 1. outside employment of a city official if the employment is the official's primary source of income; or 2. a member of a municipal management district board. C. Other rules. The general rule stated in Subsection (a) applies in addition to all other rules relating to outside employment of city officials, including requirements for obtaining prior approval of outside employment as applicable. Sec. 1A-3-9. Public Property and Resources. A. A city official shall not use, request, or permit the use of city facilities, personnel, equipment, or supplies for private purposes (including political purposes), except such persons may lease, reserve or use such facilities in the same manner as all other citizens. B. A city council member shall not use, request, or permit the use of city facilities, personnel (city employees), equipment, or supplies for any campaign expenditure, campaign contribution, political advertising, or campaign communication as defined in Title 15, "Regulating Political Funds and Campaigns," of the Texas Election Code, as amended, and Texas Election Commission rules, regulations, and opinions. C. City officials may not apply for or obtain an incentive offered by the city, including grants, loans, tax abatements, and tax credits, unless the incentive is available to the general public, the application is evaluated under the same criteria that apply to the general public, and the incentive is subject to the same terms and conditions that apply to the general public. Sec. 1A-3-10. Political Activity. A. City officials. In any election, except the city official's own, a city official shall not: 1. use the prestige of the city official's position with the city on behalf of a candidate, political party, or political committee, including but not limited to: a. an endorsement, a city official (who is a city official only because that person is an appointed member of a board, commission, or body) is not prohibited from lending the city official's name so long as the office held with the city is not mentioned; b. any election ordered by the City of Coppell on a proposition or measure, a Page | 17 TM 128883 city council member, board or commission is prohibited from lending the city official's name and official city title; and 2. serve as the designated campaign treasurer for a candidate under the Texas Election Code; or 3. solicit or receive contributions for a candidate, political party, or political committee, except that a city official is not prohibited from serving on a steering committee to plan a program of solicitation and listing the member's name without reference to the office held when the committee as a whole is listed. B. Influencing subordinates. A city official shall not, directly, or indirectly, induce or attempt to induce any city subordinate of the official to: 1. participate in an election campaign, contribute to a candidate or political committee, or engage in any other political activity relating to a particular party, candidate, or issue; or 2. refrain from engaging in any lawful political activity. A general statement merely encouraging another person to vote does not violate this subsection. C. Paid campaigning. A city official shall not directly or indirectly accept anything of value for political activity relating to an item pending on the ballot, if the official participated in, or provided advice relating to, the exercise of discretionary authority by a city body that contributed to the development of the ballot item. "Anything of value" does not include a meal or other item of nominal value the city official receives in return for providing information on an item pending on the ballot. D. Official vehicles. A city official shall not display or fail to remove campaign materials on any city vehicle under his or her control. E. Charter provisions. A city official shall comply with the provisions governing political activity. F. Public property and resources. Limitations on the use of public property and resources for political purposes are imposed by Section IA-3-9 of this chapter. Sec. 1A-3-11. Prohibited Interests in Contracts. A. Charter restrictions relating to financial interests in city contracts. A city official shall comply with the restrictions on financial interests in city contracts as provided by Charter or State law. The restrictions on financial interests in a city contract in the city charter do not apply to a nominee or member of a city board or commission except as provided below. B. Additional restrictions relating to city contracts. A city official may not, while in the service or employment of the city, either individually or as the officer or principal of an entity: 1. submit a bid or proposal to make any city contract, whether or not the contract is required by state law to be competitively bid; or 2. negotiate or enter into any city contract whether or not the contract is required by state law to be competitively bid. 3. Nothing contained herein shall prohibit a City official from receiving a grant or economic development contract if the grant or contract is available to a defined class of persons or is otherwise available to other residences of the City. Page | 18 TM 128883 Sec. 1A-3-12. Ex Parte Communications. No person shall, directly or indirectly, communicate with any city official of any quasi- judicial city board or commission as to any adjudicative matter that is, or may reasonably be expected to be, pending before the board or commission, unless a full disclosure of the communication is simultaneously made available to every other party to the matter. Sec. 1A-3-13. Recusal And Disclosure. A. General rule. A city official whose conduct or action on a matter would violate any section in Articles II and III of this chapter must recuse themselves. From the time that the conflict or ethics consideration is recognized, the city official shall: 1. immediately refrain from further participation in the matter, including discussions with any other persons likely to consider the matter; and 2. promptly, file with the city secretary a written statement disclosing the conflict of interest. 3. a municipal judge shall promptly bring that person's conflict to the attention of the administrative municipal judge; 4. the city manager, city attorney, city secretary and municipal judge(s) shall promptly bring that person's conflict to the attention of the city council; 5. a board or commission member shall promptly disclose that member's conflict to the board or commission of which that person is a member and shall not be present during any discussion or voting on the matter; and 6. a city council member shall promptly disclose that member's conflict to the city council and shall not be present during any discussion or voting on the matter. ARTICLE IV. FORMER CITY OFFICIALS Sec. 1A-4-1. Continuing Confidentiality. A. Improper disclosure or use. A former city official shall not use or disclose confidential government information acquired during service as a city official. This rule does not prohibit: 1. any disclosure that is no longer confidential government information; 2. the confidential reporting of illegal or unethical conduct to authorities designated by law; or 3. any disclosure, not otherwise prohibited by law, in furtherance of public safety. B. Disclosure of a closed meeting. A former city official shall not knowingly disclose to a member of the public the certified agenda, the recording, or the content of discussion had within a meeting that was lawfully closed to the public, unless the disclosure is made with lawful authority. Sec. 1A-4-2. Subsequent Representation. Page | 19 TM 128883 A. Representation by a former city council member or former board or commission member. A person who was a member of the city council, a board or commission, or another city body shall not represent any person, group, or entity (other than himself or herself or his or her relative) for a period of one year after the termination of his or her official duties: 1. before the city council or that board, commission, or body; 2. unless the board, commission, or body of which the former city official was a member is only advisory in nature: a. before city staff having responsibility for making recommendations to, or taking any action on behalf of, the city council or that board, commission, or body; or b. before a board, commission, or other city body that has appellate jurisdiction over the board, commission, or body of which the former city official was a member, if any issue relates to his or her former duties. B. Representation before the city. A former city official shall not represent for compensation any person, group, or entity (other than himself or herself or his or her relative) before the city for a period of one year after termination of his or her official duties. This subsection does not apply to a person who was classified as a city official only because he or she was an appointed member of a board, commission, or other city body. For purposes of this subsection, "compensation" means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. C. Representation in litigation adverse to the city. A former city official shall not, represent any person, group, or entity (other than himself or herself or his or her relative) in any litigation to which the city is a party, if the interests of that person, group, or entity are adverse to the interests of the city and the matter is one in which the former city official personally participated prior to termination of his or her official duties or is a matter substantially related to such a matter. D. Statement or implication of inappropriate influence. In connection with the representation of private interests, a former city official shall not state or imply that he or she can influence city action on any basis other than the merits. Sec. 1A-4-3. Discretionary Contracts. A. Impermissible financial interest in discretionary city contract or sale. This subsection applies only to contracts or sales made on a discretionary basis and not to contracts or sales made on a competitive bid basis. Within one year after the termination of official duties, a former city official shall not have any financial interest, direct or indirect, in any discretionary contract with the city, or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies, or service, except as permitted in Section 1A-3-11. Any violation of this subsection, with knowledge, express or implied, of the person or corporation contracting with the city will render the contract involved voidable by the city manager or city council. Page | 20 TM 128883 B. Additional restrictions. A former city official may not, within one year after leaving the service or employment of the city, either individually or as the officer or principal of a private business entity: 1. submit a proposal, on behalf of the official or on behalf of a private business entity, to make any discretionary city contract; or 2. negotiate or enter into any city contract. C. Prior participation in negotiation or award of contract and disclosure requirements. A former city official may not, within one year after the termination of official duties, perform work on a compensated basis relating to a discretionary contract with the city if he or she personally participated in the negotiation or awarding of the contract. A former city official, for one year after termination of official duties, must disclose to the city secretary immediately upon knowing that he or she will perform work on a compensated basis relating to any discretionary contract with the city. D. Exceptions. The prohibitions of Subsections A, B, and C do not apply to: 1. a contract for the personal services of a former city official; 2. a member of a board or commission that is advisory only; or 3. the provision of goods, facilities, or services by the city to a former city official pursuant to duly adopted city policies and on nonnegotiable terms generally available to the public, including renting a recreational space. E. Waivers. The prohibitions of Subsections A, B, and C may be waived by city council, after a review of the specific circumstances, for a person who is considered a former official because he or she was a member of a board or commission that is more than advisory in nature. ARTICLE V. ENFORCEMENT, CULPABLE MENTAL STATE, AND PENALTIES. Sec. 1A-5-1. General. The remedies contained in this article are available whenever the Ethic Review Panel finds a violation or violations of this chapter. Sec. 1A-5-2. Violations; Penalty. A person who violates any of the laws, ordinances, and rules under this chapter or who fails to perform an act required of the person by any of the laws and ordinances under this chapter may be subject to the procedures in Article VI of this chapter. Sec. 1A-5-3. Culpable Mental State. To commit a violation under any provision of this chapter, a person must have acted or failed to act knowingly or with knowledge. Page | 21 TM 128883 Sec. 1A-5-4. Disciplinary Action. 1.If a city council member fails to comply with this chapter or violates this chapter, the matter must be decided by the city council in accordance with the city charter or state law. 2.If a member of a board or commission fails to comply with this chapter or violates this chapter, the matter must be decided by the Ethics Review Panel and final discipline by the city council in accordance with the city charter. 3.If the city manager, city attorney, or a municipal judge fails to comply with this chapter or violates this chapter they may be disciplined in accordance with the personnel rules and must be decided by the city council. 4.If a former city official fails to comply with this chapter or violates this chapter, the matter must be decided by the city council. 5.If a person who is not a current or former city official fails to comply with this chapter or violates this chapter, the matter must be decided by city council. Sec. 1A-5-5. Sanctions. A.In determining sanctions based on a recommendation of the Ethics Review Panel and the Ethic Review Panel, the person or entity imposing the sanction shall take into consideration the recommendation of the special legal counsel, the Ethic Review Panel, and the following factors: 1.The culpability of the person charged. 2.The harm to public or private interests resulting from the violation. 3.The necessity of preserving public trust in the city. 4.Whether there is evidence of a pattern of disregard for ethical standards. 5.Whether remedial action has been taken that will mitigate the adverse effects of the violation. B.For the city manager, city attorney, or a municipal judge, the city council shall take appropriate action in accordance contractual obligations and state law with any of the following additional sanctions: 1.Referral to ethics training. The city council may require the person to attend ethics training. When recommending a referral to ethics training, the Ethic Review Panel shall include in the recommendation the manner and quantity of training based on the type and severity of the violation. 2.Referral for damages or injunction. The city council may refer the violation to the city attorney for an action to recover damages to the city or to enjoin prohibited actions. 3.Referral for criminal prosecution. The city council may refer the violation to the Coppell Police Department, if the city council finds that the violation warrants criminal prosecution. C.For a city council member, a board or commission member, a former city official, the city council may impose any of the following sanctions: 1.Letter of notification. The city council may issue a letter of notification if the city council finds that a violation of this chapter was clearly unintentional. A Page | 22 TM 128883 letter of notification must advise the person of any steps to be taken to avoid future violations. 2. Letter of admonition. The city council may issue a letter of admonition if the city council finds that the violation of this chapter was minor, but where the circumstances call for a more substantial response than a letter of notification. 3. Referral to ethics training. The city council may require a current city official to attend ethics training. When recommending a referral to ethics training, the Ethic Review Panel shall include in the recommendation the manner and quantity of training based on the type and severity of the violation. 4. Reprimand. The city council may issue a reprimand if the city council finds that a violation of this chapter was not minor and was committed intentionally or through reckless disregard of this chapter. 5. Resolution of censure. The city council may adopt a resolution of censure if the city council finds that a serious or repeated violation of this chapter has been committed intentionally or through reckless disregard of this chapter and the violation substantially threatens the public trust. 6. Voiding of prior actions. The city council may, to the extent allowed by law, void any prior city council or city board or commission action that approved any decision, agreement, award, or contract if the action was taken as a result of a violation of this chapter and the interests of the city require voiding of the prior action. 7. Suspension from office. The city council may suspend a current city official other than a city council member from office for a period determined by the city council if the city council finds that a serious or repeated violation of this chapter was committed intentionally or through culpable disregard of this chapter. Any proceedings for suspension of a current city official shall be in compliance with the city charter and state law. 8. Referral for damages or injunction. The city council may refer the violation to the city attorney for an action to recover damages to the city or to enjoin prohibited actions. 9. Referral for criminal prosecution. The city council may refer the violation to the Coppell Police Department or other appropriate law enforcement agency, if the city council finds that the violation warrants criminal prosecution. F. For a person who is not a current or former city official (e.g., lobbyists, people doing business with the city, resident), the city council may impose any of the following sanctions: 1. Letter of notification. The city council may issue a letter of notification if the city council finds that a violation of this chapter was clearly unintentional. A letter of notification must advise the person of any steps to be taken to avoid future violations. 2. Letter of admonition. The city council may issue a letter of admonition if the city council finds that the violation of this chapter was minor, but where the circumstances call for a more substantial response than a letter of notification. 3. Reprimand. The city council may issue a reprimand if the city council finds that a violation of this chapter was not minor and was committed intentionally or through reckless disregard of this chapter. Page | 23 TM 128883 4. Resolution of censure. The city council may adopt a resolution of censure if the city council finds that a serious or repeated violation of this chapter has been committed intentionally or through reckless disregard of this chapter and the violation substantially threatens the public trust. 5. Disqualification from contracting. The city council may, to the extent allowed by law, prohibit the person from entering into contracts with the city or from lobbying before the city on behalf of clients. The scope and duration of the disqualification shall be determined by the city council. 6. Voiding of prior actions. The city council may, to the extent allowed by law, void any prior city council or city board or commission action that approved any decision, agreement, award, or contract if the action was taken as a result of a violation of this chapter and the interests of the city require voiding of the prior action. 7. Referral for damages or injunction. The city council may refer the violation to the city attorney for an action to recover damages to the city or to enjoin prohibited actions. 8. Referral for criminal prosecution. The city council may refer the violation to the Coppell Police Department, if the city council finds that the violation warrants criminal prosecution. Sec. 1A-5-6. Prosecution For Perjury. Any person who knowingly files or makes a false sworn statement under this chapter is subject to criminal prosecution for perjury under the laws of the State of Texas. Sec. 1A-5-7. Interference With An Investigation. A person commits an offense if the person interferes with any investigation of an alleged violation of this chapter in any manner, including seeking to persuade or coerce others to withhold their cooperation. Sec. 1A-5-8. Disqualification From Contracting. A. Any person who has been found by the Ethic Review Panel to have intentionally or knowingly violated any provision of this chapter may be prohibited by the city council from entering into any contract with the city for a period of two years. B. It is a violation of this chapter: 1. for a person debarred from entering into a contract with the city to enter or attempt to enter into a contract with the city during the period of disqualification from contracting; or 2. for a city official to knowingly assist in a violation of Subsection (B)(1). C. Nothing in this section prohibits any person from receiving a city service or benefit, or from using a city facility, according to the same terms generally available to the public. D. A business entity may be disqualified from contracting with the city based on the conduct of the entity's employee or agent if the conduct occurred within the scope of employment or agency with the entity. Page | 24 TM 128883 ARTICLE VI. PROCEDURES Sec. 1A-6-1. - Complaint procedure. A. All complaints that an officer has engaged in conduct that violates this Chapter shall be made in writing, sworn to before a notary public, and filed with the city secretary. B. Such complaints shall describe in detail the act or acts complained of and which of the following specific section(s) of this chapter alleged to have been violated. C. A general complaint lacking in detail or failing to identify one or more of the aforementioned sections will not be considered sufficient to invoke the procedures set forth herein and anonymous complaints shall not be considered. D. Complaints relating to an officer shall thereafter immediately be referred for legal review to the office of Special Legal Counsel who shall initially review the complaint to determine if the complaint contains sufficient detail and alleges a violation of the code of conduct as set forth in this article. E. Standard of review. In determining whether a complaint is a vexatious complainant, the Ethics Review Panel may consider the special legal counsel's report and additional evidence of: 1. the timing of the complaints with respect to when the facts supporting the alleged violations became known or should have become known to the complainant; 2. the nature and type of any publicity surrounding the filing of the complaints; 3. the existence and nature of any relationship between the persons charged in the complaints and the complainant before the complaints were filed; 4. whether the complainant knew or reasonably should have known that the allegations in the complaints were groundless; and 5. the complainant's motives in filing the complaints, including whether or not the complaints were meant: a. to abuse the investigative process of the special legal counsel; or b. to harass, annoy, cause delay or detriment to a person subject to a complaint; or c. for a political or other wrongful purpose. F. After legal review counsel shall provide a written report to the city council as soon as possible but not later than 30 days after the day of assignment unless an extension is granted by a majority of the eligible councilmembers. (1) The special counsel may contact the complainant, interview witnesses, and examine any documents necessary for the report. The special counsel may contact the city attorney or city secretary as necessary for assistance. (2) When the special counsel receives a vague complaint or one lacking in detail, the special counsel shall contact the complainant to request a written clarification. If the complainant fails to provide the special counsel with written clarification, or if after written clarification is provided, it is the opinion of the special counsel that the complaint is insufficient in detail and/or fails to allege a prima facie violation of the code of conduct, the matter shall be considered concluded, and a report shall be submitted in accordance with the procedural guidelines for special counsel. Page | 25 TM 128883 (3)If the special counsel determines that a criminal violation may exist, the special counsel shall refer the matter to the appropriate law enforcement agency. If the special counsel determines that the complaint alleges a violation of the code of conduct by a city official and sufficient evidence exists for a prima facie case, the report shall be referred to the Ethic Review which shall be convened in accordance with procedures as set forth in Article 2-10 of the Code of Ordinances. A hearing shall be held by the conduct review board to review the referred complaint. Sec. 1A-6-2. Hearings and Procedures All hearings of the Ethics Review Panel shall be conducted in accordance with the administrative procedures for the Ethics Review Panel as adopted by the City Council, which shall include the following: A.The Ethics Review Panel shall have all of the powers of investigation including subpoena power as are given to the city council by reason of the City Charter. The panel may request, and if necessary, subpoena, witnesses, books, records or any documents which relate to the allegations or complaint. The chairperson shall issue any subpoenas requested for relevant and necessary witnesses or other evidence. The refusal of the chairperson to issue any subpoena may be reconsidered by the Ethics Review Panel. B.An officer or person subject to a compliant shall have the right to be represented by counsel, to call, examine and cross-examine witnesses and present evidence. C.The Ethics Review Panel shall review the complaint referred by the special counsel and receive evidence from the officer, or any other person, as the panel deems necessary. Hearings of the panel are closed to the public pursuant to Section 551.074 of the Texas Government Code. The panel may convene into closed session to deliberate the evidence and seek legal advice but shall vote and announce its decision in open session. D.The panel, upon completion of any hearing, shall render a decision in writing to the city attorney and the officer involved within 20 days, either determining no violation occurred, or setting forth requirements for voluntary compliance. In the event that voluntary compliance is not obtainable, recommendation for action consistent this article. E.The chairperson, on behalf of the panel, shall direct the presentation of evidence and examine witnesses as necessary to bring out all the facts relating to the referred complaint. The chairperson shall preserve order, determine the time and location for any hearings, recess or adjourn the panel, as necessary, and administer oaths to witnesses. F.The city attorney shall serve as a legal advisor to the panel on legal and procedural matters but shall not be a voting member. Page | 26 TM 128883 G.The city secretary or designated representative shall give timely notice of the time and place for hearings of the panel to all participants, including the affected official, panel members, city attorney, the complainant, and any witnesses as applicable. The city secretary shall prepare and keep minutes of the hearings of the panel in accordance with applicable state law. The city secretary shall ensure that the site for the hearing is adequate and in good order. Sec. 1A-6-3. - Limitations. A person must bring a complaint that an officer has violated the code of conduct outlined in this article not later than six months after the day the complained of act or acts occurred or discovery thereof whichever is greater.” SECTION 2. That the provisions of this ordinance shall only apply to the terms which begin after the effective date of this ordinance. SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That this ordinance shall take effect after its passage. DULY PASSED by the City Council of the City of Coppell, Texas, this the 12th day of April, 2022. APPROVED: MAYS,MAYOR A T T: ASHLEY 0 CITY S CRETARY APPRO 0 ROBERT E.HAGER, CI ATTORNEY Page 127 TM 128883