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HomeMy WebLinkAboutOrdinances (ORDINANCE O-16-2002)-12/20/2016 ORDINANCE 0-16-2002 BEING AN ORDINANCE REPEALING AND REPLACING THE REQUIREMENTS FOR FILING OF A FINANCIAL DISCLOSURE AND BUSINESS CONFLICTS OF INTEREST STATEMENT FOR ELECTED OFFICIALS, CANDIDATES, CERTAIN BOARD AND COMMISSION APPLICANTS AND MEMBERS, CITY MANAGER, AND SENIOR CITY STAFF; PROVIDING FOR AN AMENDED DISCLOSURE MAP; APPROVING THE FINANCIAL DISCLOSURE AND BUSINESS CONFLICTS OF INTEREST STATEMENT FORMS; REPEALING ORDINANCES 0-02-1322 AND 0-13-1896; PROVIDING FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-02-1322 on February 5, 2002, to establish the filing of a Financial Disclosure and Business Conflicts of Interest Statement for elected officials, candidates, and certain board and commission members; establish definitions of terms; promulgate reporting forms; and provide for filing dates; and WHEREAS, the City Council amended Ordinance 0-02-1322 on November 19, 2013, by approval and adoption of Ordinance 0-13-1896; and WHEREAS, on November 8, 2016, Charter Amendment ballot Proposition 5 passed during a special election, providing for an amendment to Section 14.02 of the City of Colleyville Charter entitled Personal Financial Interest, by adding new subsection (K) to provide, in relevant part, that all Council and Mayoral candidates, Planning and Zoning Commission and Board of Adjustment applicants, City Manager and senior City staff shall file financial disclosure and conflict of interest forms with the City; and WHEREAS, all statutory and constitutional requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meetings Act. Ordinance 0-16-2002 Page 2 of 4 OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ITY OF, TEXAS: •ec. 1. THAT the terms used in this ordinance and/or exhibits attached hereto shall have the following meaning: A. Beneficial Interest. A "beneficial interest" means a direct or indirect ownership of either legal or equitable title and includes any ownership interest held in trust where the individual is either the trustee or the beneficiary of the trust. Where the reference to a beneficial interest relates to a certain percentage of ownership in a business entity, it is meant that the defined person(s) owns or is entitled to either a legal or equitable interest equal to or greater than that percentage of the business entity. B. Business and/or Business Entity. A "business" and/or business entity" means sole proprietorship, limited liability company, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized by law through which business or profit is conducted. C. Disclosure Forms. The "Disclosure Form(s)" means the newly revised City of Colleyville Financial Disclosure and Business Conflict of Interest Forms, attached hereto as Exhibit "A". D. Senior City Staff. "Senior Staff" means all City employees with the position title "Director" or higher as provided in the City's organizational chart, as the same may be amended from time to time. The term shall include the City Manager and City Secretary. Sec. 2. THAT the newly revised Disclosure Forms attached hereto as Exhibit "A" are hereby adopted and approved. Sec. 3. THAT the newly revised Financial Disclosure and Business Conflict of Interest Disclosure Area Map, attached hereto as Exhibit "B", is hereby adopted and approved. Ordinance 0-16-2002 Page 3 of 4 Sec. 4. THAT the disclosures required by the City Charter and/or this ordinance to be made on the Disclosure Forms attached hereto, shall be verified and timely filed with the City Secretary in accordance with deadlines established in Section 14.02 of the City Charter, this ordinance and/or the Disclosure Forms, as applicable. Notwithstanding any other provision to the contrary, currently employed Senior Staff will have sixty (60) days upon adoption of this ordinance to comply with the filing requirements. Sec. 5. Nothing in this ordinance shall be deemed to waive any confidentiality protection provided by state and/or federal law governing personal information of any person required to file a Disclosure Form under this ordinance. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT the failure to timely file a Disclosure Form in the manner required herein, including any supplement required thereto, shall constitute a violation of this ordinance and shall be punishable by a fine not to exceed the sum of $500.00. It shall be a defense, to any prosecution of a violation of this ordinance, that within five (5) days of the deadline to file a required Disclosure Form, including any supplements required thereto, the individual filed the required Disclosure Form in conformity with the provisions of this ordinance. In addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT Ordinances 0-02-1322 and 0-13-1896 are hereby repealed in their entirety. Sec. 9. THAT this ordinance will become effective immediately upon passage and publication as required by law. Ordinance 0-16-2002 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 20th day of December 2016. The second reading and public hearing being conducted on the 3rd day of January 2017. PASSED AND APPROVED BY A VOTE OF AYES, 0 NAYS, AND O ABSTENTIONS ON THIS THE 1"Lk day of3C� 2017. Mayor Richard Newton � L Mayor Pro Tern Chris Putnam D9L� Place 1, Tammy Nakamura NI e_, Place 5, Nancy Coplen Place 2, Bobby Lindamood ipnt-e, Place 6, Mike Taylor _ Place 4, Jody Short ,ATTEST: �� CITY OF COLLEYVILLE fOi A helley, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Whitt L. Wyatt City Attorney • Exhibit "A" City of Colleyville Financial Disclosure and Business Conflict of Interest Forms PERSONAL FINANCIAL STATEMENT AFFIDAVIT Financial Disclosure and Business Conflict of Interest Forms shall be provided by candidates for Mayor and City Council and by applicants seeking appointments to the Planning and Zoning Commission or the Zoning Board of Adjustment, and shall file such forms within two (2) business days following the end of the candidate filing period, or if for appointment, within (2) business day following the end of the application period stated in the official City advertisement for application for the position. The city manager and the city manager's senior staff members (including any staff member who is appointed with City Council approval) shall also file the same within thirty (30) days of hiring. All person(s), as outlined above, shall have a duty to file supplemental disclosures annually and within five (5) business days of an occurrence of any change in the information reflected in the forms previously filed by the individual. Before me, the undersigned authority, personally appeared: who, after being duly sworn upon their oath and deposed and stated as follows: "My name is and I hereby submit for filing the attached Financial Disclosure and Business Conflict of Interest forms. I have personal knowledge of all information contained in said forms and all information contained in the forms is true and correct." "Further, all information contained in the forms is complete. There is no information that has been withheld or not disclosed which is responsive to or required to be disclosed by the forms." Affiant Sworn to and subscribed before me, this the day of , 20_ Notary Public, State of Texas City of Colleyville Financial Disclosure and Business Conflict of Interest Forms INFORMATION STATEMENT TOTAL NUMBER OF PAGES FILED: OFFICE USE ONLY 1 NAME First, MI Date Received Last, Suffix 2 ADDRESS Address/City/State/Zip 3 TELEPHONE Area Code, Phone Number, Extension NUMBER 4 REASON 0 EMPLOYEE (CITY MANAGER OR *SENIOR STAFF) FOR FILING fl CANDIDATE (INDICATE OFFICE) STATEMENT 0 ELECTED OFFICIAL (INDICATE OFFICE) 0 ZONING BOARD OF ADJUSTMENT (APPLICANT OR APPOINTEE) 0 PLANNING & ZONING COMMISSION (APPLICANT OR APPOINTEE) Two (2) business days following the end of the candidate filing period or if appointment, following the end of the application period stated in the official city advertisement for the position. Supplemental disclosure filed annually and within five (5) business days of an occurrence in previously filed form. *SENIOR STAFF is defined as those employees who are classified as directors and above in the City's classification system and the City Manager and City Secretary. 5 SPOUSE NAME DEPENDENT 1. CHILD/CHILDREN 2. NAME(S) 3. 4. COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: DATE: City of Colleyville Financial Disclosure and Business Conflict of Interest Forms INTERESTS IN REAL PROPERTY Section 1 Describe the location, size, and current use of all property owned within the included map, or held in trust by the filer, spouse, and any dependent minor children, or any business entity in which the person has a financial interest. When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on the Information Statement. 1 HELD OR ACQUIRED BY n FILER nSPOUSEODEPENDENT CHILD # 2 DESCRIPTION Lot City Block County Subdivision Ad Valorum Tax Account Number Acre(s) and Tract 3 STREET ADDRESS STREET ADDRESS, INCLUDING CITY, COUNTY, AND STATE 4 NAME LIST THE NAMES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTITIES WHICH OWN AN INTEREST IN THE REAL PROPERTY El INDIVIDUAL Ti BUSINESS 1 HELD OR ACQUIRED BY I-(FILER I-(SPOUSE DEPENDENT CHILD # 2 DESCRIPTION Lot City Block County Subdivision Ad Valorum Tax Account Number Acre(s) and Tract 3 STREET ADDRESS STREET ADDRESS, INCLUDING CITY, COUNTY, AND STATE 4 NAME LIST THE NAMES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTITIES WHICH OWN AN INTEREST IN THE REAL PROPERTY 1-1 INDIVIDUAL n BUSINESS COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY n NOT APPLICABLE INITIAL HERE: DATE: City of Colleyville Financial Disclosure and Business Conflict of Interest Forms FEE, SALARY, OR GIFT Section 2 The name and address of any person or corporation which currently has or during the preceding twelve (12) months has had a direct or indirect contractual relationship with the City and from which the person(s) their spouse or dependent minor children have received a fee, salary, or gift of value exceeding one hundred dollars ($100.00). When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on the Information Statement. 1 RECIPIENT =FILER I-(SPOUSE =DEPENDENT CHILD # 2FEE, SALARY, GIFT NAME AND ADDRESS 3 DESCRIPTION OF FEE, SALARY, GIFT 1 RECIPIENT nIFILER nSPOUSE E1DEPENDENT CHILD # 2 FEE, SALARY, GIFT NAME AND ADDRESS 3 DESCRIPTION OF FEE, SALARY, GIFT 1 RECIPIENT I-(FILER =SPOUSE I-(DEPENDENT CHILD # 2 FEE, SALARY, GIFT NAME AND ADDRESS 3 DESCRIPTION OF FEE, SALARY, GIFT COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY n NOT APPLICABLE INITIAL HERE: DATE: City of Colleyville Financial Disclosure and Business Conflict of Interest Forms BUSINESS INTERESTS Section 3 The name and address of any corporation or business, which currently has or in the preceding twelve (12) months has had a direct or indirect contractual relationship with the City, of which person(s), their spouse, or any dependent minor children own more than two percent (2%) of the outstanding equity interest or more than two percent (2%) of the assets. When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on the Information Statement. 1 HELD OR ACQUIRED BY nFILER 1-1 SPOUSE 1-7DEPENDENTCHILD # 2 DESCRIPTION NAME AND ADDRESS 3 NATURE OF BUSINESS 1 HELD OR ACQUIRED BY nFILER nSPOUSE nDEPENDENT CHILD # 2 DESCRIPTION NAME AND ADDRESS 3 NATURE OF BUSINESS 1 HELD OR ACQUIRED BY r1 FILER nSPOUSE =DEPENDENT CHILD # 2 DESCRIPTION NAME AND ADDRESS 3 NATURE OF BUSINESS COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY NOT APPLICABLE INITIAL HERE: DATE: Exhibit "B" Financial Disclosure and Business Conflict of Interest Disclosure Area Map N cis Y °F W 7� :F .cJ COLLEYVILLE s 0oo•oa1•oo111uoegau=nAooro oimoe..usoo..eommmilmiumooio.mismii iuimq T E X A S i Denton County i i '335I, i i i i i i II i i I i i i i i i i i i i i i i i 4310 1 i i 0 i i )IMJ1�ooun=u.ln__I NOM • fie• - , o7=u=gMIuIMIoI=u=u=u=u=a1=1u=aeIMuoS 11 i , i 26 S35E i i i Tarrant County Colleyville ! Dallas County i i i i i 2 ii, CO: ii i ; IT i i s 1 TY i i i i i i i i ; i i i , ® ! i 360 i i i i i 1oso...oa...u..00.....o.a•eo. t o.u.oe ...n.q...o.u..n.0 au.o1e..00..o.u.00..u........04ee®oe.u.u....e_oa......u.00.so..j The map includes Tarrant, Denton, and Dallas Counties.