Loading...
HomeMy WebLinkAboutOrdinances (O-02-1382)-01/07/2002 ORDINANCE 0-02-1382 AN ORDINANCE ADOPTING AN ETHICS CODE, PROVIDING FOR A STATEMENT OF POLICY AND CONSTRUCTION, ESTABLISHING DEFINITIONS, PROVIDING STANDARDS OF CONDUCT, REQUIRING DISCLOSURES, ESTABLISHING AN ETHICS COMMISSION, PROVIDING FOR LEGAL OPINIONS, ESTABLISHING A PROCEDURE OF FILING A DISPOSITION OF COMPLAINTS, AND ESTABLISHING A RANGE OF SANCTIONS WHEREAS, the City Council of the City of Colleyville deems it is in the best interest of the citizens of the City of Colleyville to establish an ethics code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT an ethics code providing as follows is hereby adopted: "COLLEYVILLE ETHICS CODE Statement of Policy and Construction 1 . Officials of the City of Colleyville have a special responsibility to the citizens of Colleyville. They should be dedicated to the highest ideals of honor and integrity in all public and personal relationships. They should demonstrate a commitment to the preservation of the values and integrity of local government, and a dedication to effective, efficient government. In order to further these objectives, the Colleyville Code of Ethics is adopted. The provisions of the Code of Ethics shall be construed liberally to promote the foregoing policies. 2. As used in this Code of Ethics the following identified terms have the stated meaning: (a) "Business Day" means Monday through Friday, 8 a.m. to 5 p.m., excluding official City holidays (b) "Effected" means reasonably likely to be subject to a direct economic effect or consequence, either positive or negative, as a result of a vote, decision or action by the City. (c) "City" means the City of Colleyville. (d) "City Official" means the following: Any member of the City Council, including the Mayor, the City Manager, the City Attorney, the Judge of the City's Municipal Court and any appointed member of a board, commission, authority or committee set up by ordinance, the Charter, the State Law or otherwise on a temporary or permanent basis, but not Ordinance 0-02-1382 Page 2 of 9 members of a board, commission, authority or committee which functions only in a advisory or study capacity and which has no discretionary, government, quasi judicial or administration authority. (e) "Clear and Convincinq Evidence" means that measure or degree of proof that produces in a person's mind a firm belief or conviction as to the truth of the allegations sought to be established. (f) "Complainant" means an individual affirmatively asserting a violation of this code against another individual. (g) "Decision" means a vote and any deliberation on any ordinance, resolution, contract, franchise or other matter. (h) "Discretionary Authority" means the power to exercise any discretion in a decision or action. (i) "Entity" means a sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, joint venture, receivership, trust, or any other entity recognized by law through which business may be conducted. m "Immediate Family Member" means the spouse, parent, parent-in-law, brother, brother-in-law, sister, sister-in-law, child, son-in- law, daughter-in-law, or other person living in the same residential dwelling unit of the person. (k) "Just Cause" means such cause as is found to exist upon a reasonable inquiry that would induce a reasonably intelligent and prudent person to believe that a person has committed an act or acts. (I) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity. (m) "Respondent" means an individual against whom an alleged violation of this code has been filed. (n) "Substantial Interest" means a person has a substantial interest in an entity if they have a 10% or more ownership interest in the entity, the value of the person's interest in the entity exceeds $15,000.00 or the person has received from the entity 10% or more of the person's gross income for the preceding year. A person has a substantial interest in real property if the person's interest exceeds a value of $2,500.00. Ordinance 0-02-1382 Page 3 of 9 Standards of Conduct 3.1 No city official shall make a decision or exercise their discretionary authority with regard to an entity or property in which he or she has a substantial interest. 3.2 No city official shall grant in the discharge of his or her official duties any improper favor, service or thing of value to any person or entity. 3.3 No city official shall make or permit the unauthorized use of city owned vehicles, equipment, materials or property. 3.4 No city official or their immediate family members shall accept or solicit for themselves any gift, favor, service or thing of value from any person or entity that is seeking a decision or the exercise of discretionary authority from such official or from the city council, commission or agency of which such official is a member. This prohibition shall not apply to: (a) a non-pecuniary gift, the value of which is $25.00 or less; or (b) an award publicly presented in recognition of public service; or (c) gifts from family members; or (d) properly disclosed political contributions. 3.5 No city official shall disclose any information exempt for disclosure under the Public Information Act (Tex. Gov't Code, chapter 552) gained by reason of their position with the City concerning the property, operations, policies or affairs of the City, or disclose or use such information to advance any personal interest, financial or otherwise. This paragraph shall not preclude disclosure of such information in connection with any investigation or proceeding regarding whether there has been a violation of the standards of conduct set forth in this code, 3.6 No city official shall hold himself/herself out as representing the city in any capacity other than that for which he/she was appointed or elected. 3.7 No city official shall grant any special consideration, treatment or advantage to any person or entity beyond that which is available to every other person or entity. Ordinance 0-02-1382 Page 4 of 9 3.8 No city official shall use his or her position or city facilities, personnel, equipment or supplies to secure special privileges or exemptions for himself/herself or others or for the private gain of the city official. 3.9 No city official or their immediate family members shall acquire an interest in any contract, transactions, zoning decision, or other matter or property at a time when such official knew or had reason to believe that the decision would be effected by an official act or action of the city. 3.10 No city official shall ask or direct another official to take action or to fail to take action that violates this code. 3.11 City officials shall not use their position to solicit or accept employment for themselves or their immediate family members with a person or business entity that is seeking a decision on the exercise of discretionary authority from such official, or the board, commission or agency of which such official is a member. 3.12 City officials shall disclose any interest in an entity or in real property in accordance with this code, state law, or other City code or charter provisions. 3.13 City officials shall disclose any interest in an effected entity or in effected real property held by them or their immediate family members if the official participates in discussion with or gives an official opinion or recommendation to the city councilor any city board, commission or agency concerning the effected entity or effected real property. 3.14 City officials shall disclose an offer of any business opportunity to the official or their immediate family member by an effected entity. 3.15 It shall not be a violation of this code for a city official or their immediate family members to contract with the city if the contract is awarded through a process of public notice and competitive bidding, if such notice and competitive bidding are required by state law; and the contract is with a division or agency over which the official had no functions requiring the exercise of discretion. Disclosures 4. Any city official, who becomes aware that a decision or exercise of discretionary authority by the person would constitute a violation of the ethical standards of conduct adopted in this code or by whom this code requires disclosure, shall promptly file with the City Secretary a written statement of the conflict or make the disclosure by completing the form established by the City Manager from time to time for reporting such conflicts or disclosures. Ordinance 0-02-1382 Page 5 of 9 Establishment of Ethics Commission 5.1 The Colleyville Ethics Commission is hereby established. The Commission shall consist of six (6) members. 5.2 Members to the Colleyville Ethics Commission shall be appointed by nomination and confirmation. Each member of the City Council, including the Mayor, shall have the right to appoint one member to the Colleyville Ethics Commission. Beginning with Place 1, a name will be placed in nomination for the Colleyville Ethics Commission by the City Councilmember holding the Place 1 office. After nomination, the person nominated must be confirmed by the City Council by simple majority. If the name placed in nomination is not confirmed, then the process shall be repeated until Place 1 has nominated a person who is confirmed by the City Council. Upon confirmation by the City Council of a nominee by Place 1, the process will be repeated for Places 2 through 5 and concluding with the Mayor. 5.3 The term of office of the members of the Ethics Commission shall run concurrently with the elective term of office of the member of the City Council which nominated them, regardless of whether or not the member of City Council who nominated them completes their term of office. All members of the Ethics Commission shall be residents of the City of Colleyville, current in payment of local taxes, utilities, and not a party to litigation involving an adverse interest to the City. 5.4 Any member of the Ethics Commission may be removed with or without cause by majority vote of the City Council. Upon removal or resignation by a member, the replacement of the member shall be based upon nomination by the council place which originally nominated the member and by confirmation by the City Council using the same procedures set forth in section 5.2. 5.5 The Colleyville Ethics Commission will meet annually to review the City Ethics Policy. The City Manager or Chairperson shall call additional meetings of the Ethics Commission as required. 5.6 The Commission shall have the authority to investigate complaints and recommend sanctions. 5.7 Four members of the Colleyville Ethics Commission shall constitute a quorum. 5.8 Ex parte communications by or to members of the Commission shall be prohibited. It shall be a violation of this code for the complainant, the respondent, or any person acting on their behalf, to engage, attempt to engage, directly or indirectly, in any ex parte communication about the subject matter of a complaint with a member of the Commission. It shall be a violation of this code for a member of the Commission to knowingly entertain an ex parte communication, directly or indirectly, with any person, Ordinance 0-02-1382 Page 6 of 9 other than another Commission member, city staff, or legal counsel, about any issue of fact or law relating to the complaint. It shall not be a violation for a member of the Commission to communicate with the complainant, respondent, or any person acting on their behalf; provided such communication is at the request and direction of the Commission. Legal Opinions 6.1 Any individual whose conduct is governed by this code shall have the right to request from the City Attorney a legal opinion as to the application or effect of this code upon any actual situation involving the requestor; provided said opinion must be requested prior to the filing of any complaint arising out of the situation. Speculative or advisory opinions shall not be requested. A request for a legal opinion shall be filed with the City Secretary. 6.2 Upon filing of a request for a legal opinion with the City Secretary the matter shall be referred to the City Attorney. The City Attorney shall render a legal opinion within 15 business days of the date of the request. In preparing the legal opinion, the requestor shall respond to request for information from the City Attorney's office concerning the matter. In the event the requestor fails to respond, the City Attorney may refrain from issuing a legal opinion. 6.3 A legal opinion shall be binding upon the individual requesting same until amended or revoked. In the event a complaint is filed concerning the matter in which the legal opinion was rendered, the opinion shall be binding upon the City except to the extent the opinion was issued in bad faith or based upon material misrepresentations or omissions by the requestor. Filing and Disposition of Complaints 7.1 The City Manager shall be responsible for providing all forms applicable to this ordinance. Any person may file a complaint with the City Secretary alleging a violation of this code by any city official. A complaint must state (1) the identity of the person or persons who allegedly committed the violation; (2) a statement of facts upon which the complaint is based; (3) the specific section(s) of the code alleged to have been violated; (4) that the complaining party has personal knowledge of the acts; (5) all potential witnesses or persons with knowledge; and (6) all other sources of evidence, if any, that the complainant desires to be considered by the Commission. In addition, the complaint must be given under oath. The complaint shall be made on such form as the City Manager may from time to time designate, A complaint must be filed within three years of the date of occurrence of the incident, or within 90 days of the discovery by the complainant of the incident, whichever is sooner. 7.2 The complaint shall be filed with the City Secretary. Upon filing of a complaint in the form required by the code, the Colleyville Police Department will deliver a copy of the complaint to the Respondent, the City Manager the City Attorney, Ordinance 0-02-1382 Page 7 of 9 and the Chairperson of the Commission. The complaint shall be delivered within three (3) business days of filing. The Respondent shall have the opportunity to submit a sworn statement, together with such other information deemed to be relevant to the proceedings within ten (10) business days of receiving the complaint, unless an extension of time is granted by the Chairperson. 7.3 Upon receipt of a complaint, the City Manager shall convene a meeting of the Ethics Commission no later than thirty (30) days after the deadline for any response by the Respondent. (a) At the initial meeting, the Commission shall conduct a preliminary review of the complaint by reviewing the written documentation submitted by the complainant and the respondent. Upon completing the preliminary review the Commission may summarily dismiss the complaint if it determines that just cause does not exist or if the Commission determines the complaint is defective, untimely or the allegations in the complaint fail to state a violation of the code, The Chairperson of the Commission will submit written notification of dismissal to the City Secretary. The Colleyville Police Department will deliver written notice of the decision within ten (10) business days of the decision to dismiss the complaint, to the Complainant, the Respondent, the City Manager and the City Attorney. The written notification shall identify specifically the reasons for the dismissal. (b) If at least two members of the Commission determine just cause exists and that the complaint is in proper form, timely and adequately alleges a violation of the code, the Commission shall set a time for the complaint to be heard and an evidentiary hearing held. (c) The Chairperson of the Commission will submit written notification of the evidentiary hearing to the City Secretary. The Colleyville Police Department will deliver notice to the Complainant, the Respondent, the City Manager and the City Attorney of the evidentiary hearing not less than thirty (30) calendar days before the date of the hearing. The complaint shall be heard within 45 calendar days of the date of the preliminary review decision. The Commission may continue a hearing date if necessary to promote justice, (d) The affirmative vote of a majority of the Commission at any evidentiary hearing shall be necessary to make any finding or recommendation that a violation has occurred. (e) At the hearing, the Commission shall receive evidence from the Complainant and the Respondent. The Commission may request information from the City Manager or the City staff. A finding that a violation occurred must be supported by clear and convincing evidence. Ordinance 0-02-1382 Page 8 of 9 (f) After the conclusion of the evidentiary hearing, the Commission shall state its findings in writing. The written decision must either: 1) dismiss the complaint, setting forth the grounds for dismissal in the decision; or 2) find there has been a violation of the code. If a violation of the code is found, the written decision shall identify the particular provision or provisions which have been violated, and state the conduct forming the basis of any such violations. 7.4 If the Commission determines a violation has occurred, the Chairperson of the Commission will submit written notification of the findings and decision to the City Secretary. The Colleyville Police Department will deliver written notification of the findings and decision to the Complainant, the Respondent, the City Manager, and the City Attorney. The City Secretary may make the findings and decision available to the public as provided by law. 7.5 If a complaint is dismissed after the hearing because the evidence fails to establish a violation of this code, the Commission shall not hear any other similar complaint based upon substantially the same evidence. 7.6 If the Commission determines the code had been violated it shall recommend as sanction or penalty in the event a violation is found, as follows: (a) If the violator is the City Manager or an appointee of the Council, the recommendation shall be directed to the City Council, and the City Council shall have authority to determine the propriety and extent of the sanction or penalty. (b) In the event the violator is an elected city official, the matter shall be placed on the agenda for the next regularly scheduled City Council meeting, and the City Council shall either accept, reject or reduce the recommended sanction or penalty. Range of Sanctions and Penalties 8. Upon the finding of a violation of the code, the following sanctions and penalties shall be recommended: (a) When the violation is clearly minor and unintentional a letter of notification shall be issued describing the violation and informing the party of appropriate actions to be taken to avoid future violations. (b) When a violation is minor and mayor may not have been intentional, and the violation calls for a more substantial response then a letter of notification, then a letter of admonition shall be issued. Ordinance 0-02-1382 Page 9 of 9 (c) When the Ethics Commission find a violation has been committed either intentionally or through disregard of the code or a legal opinion issued by the City Attorney a letter of reprimand shall be issued. (d) If the Ethics Commission finds that a serious or repeated violation of the code has been committed by the City Manager or an appointee of the Council, either intentionally or through reckless disregard of the code, a recommendation of removal or suspension shall be made. Recommendations of suspension shall include a suggested length of suspension. (e) If the Ethics Commission finds a serious or repeated violation of the code has been committed by an elected official, either intentionally or through reckless disregard of the code, a recommendation to call for the resignation of the elected official shall be made. Request for Information 9. The disclosure of any information regarding an alleged violation of this code shall be in accordance with the Public Information Act and Open Meetings Act. AND SO IT IS ORDERED. The first reading and public hearing being conducted on the of r~ 2002. The s cond reading and public heanng being conducted on the of -1o./nUlt/:J 2003. /7' 7.{ day 7'~ day CITY OF COLLEYVILLE: ~ Mayor Cynthia Singleton, TRMC City Secretary ~VE~~O FORM AND LEGALITY: ROS~ City Attorney I Complaint is filed with City Secretary. Within 3 business days of receipt, copies of the Complaint shall be delivered to City Attorney, City Manager, Ethics Chairperson, and Respondent Respondent shall have 10 business days from receipt of the Complaint to file a sworn response. PRELIMINARY REVIEW Conducted to determine if just cause exists to move forward with hearing on Complaint, and if Complaint is defective, untimely and or fails to state a violation of the code. An affirmative vote of two members on a finding of just cause shall result in Complaint going to evidentiary hearing. The hearing shall take place no later than 30 calendar days after any response is filed, A written decision shall be delivered to the Complainant and Respondent within 10 business days advising them of the outcome of the Preliminary Review, If just cause is found If no just cause is found then an evidentiary then the Complaint is hearing is set. dismissed. Complainant and Respondent shall be given at least 30 calendar days notice before the Evidentiary Hearing, EVIDENTIARY HEARING Complainant and respondent present evidence and witnesses. Commission sets procedures and parameters, including amount of live testimony and length of proceedings. Commission can continue hearing if necessary. Texas Rules of Evidence do not apply, The hearing shall be held within 45 calendar days of the Preliminary Review decision. Within 10 business days of the conclusion of the Evidentiary Hearing the Commission shall render a written opinion to parties, City Attorney and City Secretary. I I If a violation is found then I If no violation is found then the recommendations will be made to Complaint shall be dismissed, City Council by the Commission. c:et~ CITY OF COLLEYVILLE ETHICS COMMSSION COMPLAINT FORM NOTE: FlUNG A COMPLAINT THAT FALSELY ACCUSES SOMEONE OF A VIOLATION OF THE ETHICS CODE MAY RESULT IN CRIMINAL PROSECUTION OF ANYONE WHO KNOWINGLY MAKES A FALSE ACCUSATION. PART A - COMPLAINANT INFORMATION Print your full name (Identifies you as the Complainant) Mr./Mrs./Ms. Your residence address (Street, City, State and Zip Code) Your residence telephone number (with Area Code) Your business address (Street, City, State and Zip Code) Your business telephone number (with Area Code) PART B - COMPLAINANT DECLARATION I declare I have a complaint against: Mr./Mrs.lMs, Full name of person against whom you are bringing the allegation The individual currently holds the following position with the City of Colleyville: Check One Position o Mayor or City Councilmember o Board, Commission, or Committee o City Manager, City Attorney, or Municipal Judge Title OFFICE OF CITY SECRETARY Page 1 of 3 Individual's residence address (Street, City, State and Zip Code) Individual's business address (Street, City, State and Zip Code) PART C - DESCRIPTION OF COMPLAINT Provide a statement of the facts, which your complaint is based. Describe the events in the order in which they occurred. Keep dates of events in sequence. Include full names, addresses and phone numbers of all individuals involved; including any witnesses present when alleged violations took place. Be factual; the information you provide in this statement must be based on facts and not on personal conjecture. Answer the questions "who, what, where, and when". Attach additional pages if necessary. Please check if additional page(s) are attached 0 PART D - CODE VIOLATIONS List the sections and paragraphs of the Code of Ethics' provisions you believe have been violated. Attach additional pages if necessary. Please check if additional page(s) are attached 0 PART E - PERSONAL SOURCE OF EVIDENCE Identify sources of evidence, if any, that you believe should be considered by the Ethics Committee. Submit all information that you have; attach photocopies of any pertinent papers or documents to support your allegation. Attach additional pages if necessary. Please check if additional page(s) are attached 0 OFFICE OF CITY SECRETARY Page 2 of 3 I CERTIFY THAT I HAVE READ THIS COMPLAINT, I FULLY UNDERSTAND ITS CONTENTS, AND I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF TEXAS, THAT THE FORGOING STATEMENTS AND PHOTOCOPIES OF ATTACHED DOCUMENTS ARE TRUE AND CORRECT. Full Name (print) Signature Date Before me the undersigned authority, on this day, personally appeared, , known to me to be the person whose name is subscribed hereto, and being duly sworn, stated that he/she has personal knowledge of the facts hereinabove and that such facts are to his/her knowledge true and correct. Notary Public <NOTARY SEAL> County, Texas My Commission expires: Upon completion of ALL sections of the Complaint Form, please hand deliver or send by certified mail with any attachments to: Office of the City Secretary City of Colleyville 5600 Bransford Road Post Office Box 185 Colleyville, Texas 76034 OFFICE OF CITY SECRETARY Page 3 of 3 DELIVERY NOTICE City Secretary's Office City of Colleyville _Notice of Complaint _Notice of Dismissal of Complaint _Notice of Evidentiary Hearing _Notice of Opinion Colleyville Police Officer da y of received from City Secretary on the , 2003, at o'clock m. DELIVER TO: Respondent Name: Address: Home Telephone Number Received by: 2003, at on the day of Respondent Signature o'clock _m. Attempted delivery dates: Complainant Name: Address: Home Telephone Number Received by: 2003, at on the day of Complainant Signature o'clock _m. Attempted delivery dates: Bill Lindley, City Manager 5400 Bransford Road - Colleyville, Texas (817) 577-7575 Received by: on the day of 2003, at Signature o'clock _m. Attempted delivery dates: Ross Foster, City Attorney 9001 Airport Freeway, Suite 675 - Fort Worth, Texas (817) 788-1111 Received by: 2003, at on the day of Signature o'clock _m. Attempted delivery dates: Ethics Commission Chairperson Colleyville, Texas Received by: on the day of 2003, at Signature o'clock _m. Attempted delivery dates: