Resolution 2015-11 RESOLUTION NO. 2015-11(R)
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS ADOPTING RULES OF
PROCEDURES FOR THE BOARD OF ETHICS
WHEREAS, the City Council of the City of Wylie desires for all of its citizens to
have confidence in the integrity, independence, and impartiality of those who act on their
behalf in government; and
WHEREAS, this proposed Rules of Procedure for the Board of Ethics sets out
the guidelines by which the Board of Ethics will review and act on all inquiries;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WYLIE, TEXAS:
SECTION 1: The following rules shall govern the Board of Ethics:
A. Creation and Membership
The Board of Ethics (Board) is created by Wylie Ordinance 2014-19 and serves at the will of the
City Council. The Board shall consist of five(5)regular members and two(2)alternates who will
serve no more than one (1) term of two (2) years, with the exception of the inception to achieve
staggered terms. The members will be resident citizens of the City and may not serve on any
other Council appointed Board or Commission during their term. City of Wylie employees may
not serve on the Board. The Board members are required to complete Open Meetings Act training
and receive Certificate of Completion by the first ninety(90)days of first year appointment.
B. Powers and Duties of the Commission
In response to an inquiry, the Board shall issue advisory opinions and waivers on ethical issues
arising under Ordinance 2014-19. In response to a complaint, the Board shall issue findings and
recommendations to the City Council regarding alleged violations of Ordinance 2014-19.
C. Officers
The Board shall select from among its members in the first meeting (and at such other times as
these offices may become vacant), a Chairperson and Vice-Chairperson to serve for a period of
one(1)year. In the absence of both the Chairperson and Vice-Chairperson,the Commission shall
elect an Acting Chairperson.
D. Officers Duties
The Chairperson shall preside over all meetings and perform all duties as required by law. The
Vice-Chairperson shall assume all duties of the Chairperson in the absence of the Chairperson.
E. Quorum
A quorum shall consist of three(3)members. No matters may be handled without the presence of
a quorum and all votes shall be by a majority of members present.
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F. Conflict of Interest
Should any member of the Board feel they have a conflict of interest with an agenda item before
the Board, they should fill out a conflict of interest form prior to the meeting and openly declare
same before discussion proceeds. The member is thereby prohibited from discussing the item or
voting on the question.
G. Abstention
Should any member of the Board choose to abstain from voting on any question before the
Commission, where no declared conflict of interest exists, their vote shall be recorded as an
affirmative vote in the official minutes of the City of Wylie.
H. Agendas
An agenda shall be prepared by the City Manager or his/her designee for each meeting of the
Board. The agenda shall be posted as required by law seventy-two (72) hours prior to the
meeting.
I. Meetings
The Board shall meet as necessary at 6:00 pm in the Council Chambers of the Wylie Municipal
Complex, unless noted otherwise. All meetings shall be open to the public, and the public is
encouraged to attend. The unexcused absence of any Board member from three (3) consecutive
regularly scheduled meetings, unless excused by the Board for good and sufficient reason as
determined by the Board,shall constitute a resignation from the Board.
All meetings shall be held in full compliance with the provision of state law, ordinances of the
City and these rules of procedure.
J. Minutes of Meetings
Minutes of all meetings shall be kept by the City Secretary, and are subject to amendment and
ratification by the Board at a regular meeting. The minutes of the Board proceedings shall show
the overall vote or if absent or failing to vote,shall reflect that fact.
K. Complaint or Inquiry Form
Complaints or inquiries shall be in writing on a form approved by the Board. Complaints or
inquiries shall be signed and show the home or business address and telephone number of the
person who submitted it. The form shall contain a statement that must be signed and which states
that, to the best of the person's knowledge, information, and belief formed after reasonable
reflection, the information in the complaint or inquiry is true. The complaint or inquiry shall
describe the facts that constitute the violation of the code of ethics in sufficient detail so that the
Board and the person who is the subject of the complaint or inquiry can reasonably be expected to
understand the nature of any offense that is being alleged.
L. Complaint or Inquiry Process
1. The Board or its designee will not accept complaints or inquiries about actions that took
place or became known to the complainant more than 6 months prior to the date of the
filing of the complaint.
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2. The Board or its designee shall notify the person who is the subject of the complaint or
inquiry that a complaint or inquiry has been filed in a timely manner, but no more than
five (5) days from the day the complaint or inquiry was filed. The notification shall
include a copy of the full complaint or inquiry; a copy of any portion of Ordinance 2014-
19 that is alleged to have been or that may be violated; and the Board's rules for dealing
with complaints or inquiries. The Board or its designee shall provide the subject of the
complaint or inquiry with a copy of the complaint or inquiry before it provides copies to
any other parties.
3. The distribution to the public of a complaint or inquiry prior to screening by the Board as
required could harm the reputation of an innocent person and is contrary to the public
interest; therefore, the public release of the complaint or inquiry shall be prohibited until
the screening process has been completed.
4. Prior to the review by the Board,the City Attorney shall first determine:
a. If the Board has jurisdiction over the alleged violation; and
b. If the alleged violation, if true, would or would not constitute a violations of
Ordinance 2014-19.
M. Action of the Board
The Board shall meet within thirty-one(3 1)days of receiving a complaint or inquiry to screen the
complaint or inquiry. The Board shall schedule the hearing at a time that is reasonably convenient
to both the person who submitted the complaint or inquiry and the subject of the complaint or
inquiry. The Board may alter the time line upon the request of the subject of a complaint or
inquiry for more time to prepare.
1. The Board may immediately dismiss a complaint or inquiry if:
a. The alleged violation is a minor or de minimis violation;
b. The complaint or inquiry is, on its face, frivolous, groundless, or brought for
purposes of harassment;
c. The matter has become moot because the person who is the subject of the complaint
or inquiry is no longer an elected officials or board/commissions member;
d. The person who is the subject of the complaint or inquiry had obtained a waiver or an
advisory opinion under Paragraph F of Section 7 of Ordinance 2014-19 permitting
the conduct.
e. The person committed the violation due to oversight and comes into voluntary
compliance;
f. The person who submitted the complaint or inquiry does not appear at hearing and if,
in the opinion of the board, it would be unfair to the subject of the complaint or
inquiry not to have the opportunity to examine the person.
2. If the Board dismisses a complaint or inquiry,the reason for dismissal shall be in writing,
submitted to the person who submitted the complaint or inquiry, and made available to
the public.
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N. Hearings
The board shall have hearings at meetings, which are open to the public, on complaints or
inquiries which have not been dismissed pursuant to paragraph G of Section 7 or resolved under
paragraph F of Section 7 of the Ordinance 2014-19. The Board shall allow any person who is the
subject of a complaint or inquiry to designate a representative if he or she wishes to be
represented by someone else, to present evidence, and to cross-examine witnesses. The Board
shall give the person who submitted the complaint or inquiry and the individual who is subject of
the complaint or inquiry sufficient time to examine and respond to any evidence not presented to
them in advance of the hearing.
Hearings will be conducted following the general guidelines listed below:
1. Introduction of agenda item by the Chairperson;
2. Report by the City Manager,City Attorney or designee;
3. Presentation by complainant;
4. Presentation by the individual,or their representative,who is subject to the
complaint;
5. Questioning by the Board of the complainant;the individual,or their representative,
who is subject to the complaint;witnesses with information relevant to the complaint;
6. Commission query of Staff;
7. Commission discussion and action pertaining to the issue of the hearing.
O. Evidence
Only relevant evidence and testimony will be received. Information and other physical evidence
should be submitted to the Chairman of the Board or designee prior to the meeting. Any Board
member having new factual information regarding agenda items shall make that information
known to all Board members.
P. Deliberations and Findings
Deliberations on complaints or inquiries are to be conducted in open session. Board members
who have not been present for the hearing shall not participate in formulating a finding or
recommendation.
In determining their findings or recommendations,the Board shall:
1. Base a finding of a violation upon clear and convincing evidence.
2. Take into consideration the severity of the offense; the presence or absence of any
intention to conceal, deceive, or mislead; whether the violation was deliberate,
negligent,or inadvertent; and whether the incident was isolated or part of a pattern.
3. Have the option to issue an advisory opinion in response to a complaint or inquiry, in
lieu of making findings and recommendations,where deemed appropriate.
If the Board finds that a violation of Ordinance 2014-19 Section 5 or Section 6 has occurred, it
shall make one of the following recommendations to Council:
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I. If the Board finds that the accused has committed a minor violation,the violation was
unintentional, and the accused fully cooperated with the investigation, the Board may
issue a notice titled "Notice of Minor Violation" and shall state the findings of the
Board.
2. If the Board finds that the accused has committed a major violation, acted
intentionally, or failed to cooperate with the investigations, the Board may issue a
notice titled"Notice of Public Censure",and shall state the findings of the Board.
3. If the Board feels that corrective action may be necessary, it must make its
recommendations to Council in writing.
All findings shall be in the form of a motion. A motion to approve any matter before the Board
or to recommend any action shall require a majority favorable vote of the members present.
Failure of the Board to secure a majority concurring vote to approve or recommend action shall
be recorded in the minutes as a failed motion.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED this the 14th day of April,2015.
ERIC HOGUE, I�I or
ATTEST TO:
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CAROLE EHRLI , City Secretary
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Resolution No.2015-11(R)
Adopting Rules of Procedures for
The Board of Ethics
ORDINANCE NO.2014-19
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
ESTABLISHING A CODE OF ETHICS; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the City of Wylie desires for all of its citizens to have confidence in
integrity, independence, and impartiality of those who act on their behalf in government;
and
WHEREAS, this proposed Code of Ethics to define the bounds of reasonable
ethical behavior by the City Council and all appointed City Offices.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WYLIE, TEXAS that this Ordinance be adopted in order to promote
confidence in the government of the City of Wylie, and thereby enhance the City's ability
to function effectively.
Section 1. Definitions.
In this article:
Administrative Board means any board, commission, or other organized body: (1)
That has, by law, final decision-making authority on matters within its jurisdiction
and that is either: (a) established under the City Charter or by city ordinance, or (b)
whose members are all council members or are appointed or confirmed by the City
Council; or, (2) Created as a non-profit economic development corporation by the
City Council under the authority of the Development Corporation Act of 1979, as
amended.
Advisory Board means a board, commission, or other organized body other than an
Administrative Board,that was created by an act of the City Council whose members
are appointed or confirmed by the City Council and are charged with making
recommendations to the City Council on matters within its jurisdiction.
City Official means a member of the City Council, an Administrative Board, or an
Advisory Board.
Economic Interest means a legal or equitable property interest in land, chattels, and
CWintangibles,and contractual rights having a value of more than fifty thousand dollars
($50,000.00). Service by a City Official as an Officer, director, advisor, or otherwise
active participant in an educational, religious, charitable, fraternal, or civic
organization does not create for that City Official an "Economic Interest" in the
Ordinance No.2014-19—Code of Ethics Page 1 of 11
property of the organization. "Economic Interest" does not include the contract
and/or business relationship that the City Manager, City Secretary, City Attorney
and/or his law firm, and/or the Municipal Court Judges and Magistrates and/or
their respective law firms have with the City."
Official Action means:
(1) any affirmative act (including the making of a recommendation) within the
scope of,or in violation of,an Official's duties;or
(2) any failure to act,if the Official is under a duty to act and knows that inaction
is likely to affect substantially an Economic Interest of the Official.
Review Panel means the body charged with reviewing and acting on complaints and
requests for declaratory relief filed under this article.
Section 2. Covered officials.
The rules of ethical conduct contained below apply generally to City Officials unless
otherwise specified.
Section 3. Officials required to comply with both state and local law.
Where a City Official's conduct is regulated by a provision of this article and a
similar provision of state law,and it is possible to comply with the requirements of
both,a City Official shall comply with both.
Section 4. Education.
The City shall provide training and educational materials to City Officials on their
ethical obligations under state law and this article. Such training shall include at
least one formal classroom session in each calendar year.All City Officials shall must
annually attend the formal training session offered by the City or equivalent training
sessions conducted by the Texas Municipal League or similar organizations.The City
also shall prepare and distribute written materials on the subject to each City
Official at the time of his or her election or appointment to office.
Section S. Ethical values.
It is the official policy of the City that:
(A) City Officials shall be independent, impartial, and responsible to the citizens
of the City;
(B) City Officials shall not have a financial interest, and shall not engage in any
business, transaction, or professional activity, or incur any obligation that
conflicts with the proper discharge of their duties for the City in the public
interest
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(C) The principles of personal conduct and ethical behavior that should guide the
behavior of City Officials include:
1. A commitment to the public welfare;
2. Respect for the value and dignity of all individuals;
3. Accountability to the citizens of the City;
4. Truthfulness; and
5. Fairness.
(D) Under such principles of conduct and ethical behavior, City Officials should:
1. Conduct themselves with integrity and in a manner that merits the
trust and support of the public;
2. Be responsible stewards of the taxpayers' resources; and
3. Take no official actions that would result in personal benefit in
conflict with the best interests of the City.
(E) To implement the principles of conduct and ethical behavior set out above,
the City Council has determined that it is advisable to enact rules of ethical
conduct to govern City Officials. It is the purpose and intent of City Council to
assure a fair opportunity for all of the City's citizens to participate in
government, to adopt standards of disclosure and transparency in
government,and to promote public trust in government.
Section 6. Rules of Ethical Conduct for City Officials.
The rules of ethical conduct contained below, are intended not only to serve as a
guide for official conduct, but also as a basis for discipline of City Officials who do
not abide by them.
(A) Appearance on behalf of private interests of others.
(1) A member of the City Council shall not appear before the City Council,
an Administrative Board or an Advisory Board for the purpose of
representing the interests of another person or entity. However, a
member of the City Council may, to the extent as otherwise permitted
a by law, appear before any such body to represent the member's own
interests or the interests of the member's spouse or minor children.
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(2) A City Official who is not a member of the City Council shall not
appear before the body on which he or she serves for the purpose of
representing the interests of another person or entity, and shall not
appear before any other body for the purpose of representing the
interests of another person or entity in connection with an appeal
from a decision of the body on which the City Official serves. However,
the City Official may, to the extent as otherwise permitted by law,
appear before any such body to represent the City Official's own
interests or the interests of the City Official's spouse or minor
children.
(B) Misuse and disclosure of confidential information.
(1) It is a violation of this ethics code for a City Official to violate V.T.C.A.,
Penal Code,§39.06(Misuse of Official Information),as amended.
(2) A City Official shall not disclose to the public any information that is
deemed confidential under any federal, state, local law, or council
rules,unless required by law.
(C) Restrictions on political activity and political contributions.
(1) No City Official or candidate for City Council shall meet with any
employee or group of employees of the City for political campaign
purposes while such employees are on duty.
(2) No City Official shall,directly or indirectly,coerce or attempt to coerce
any City employee to:
(a) 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
(b) Refrain from engaging in any lawful political activity.
(3) The following actions by City Officials are not prohibited by this
section:
(a) The making of a general statement encouraging another
person to vote in an election;
(b) A solicitation of contributions or other support that is directed
to the general public or to an association or organization;and
(c) The acceptance of a campaign contribution from a City
employee.
Ordinance No.2014-19—Code of Ethics Page 4 of 11
(4) No City Official shall use, request, or permit the use of City facilities,
personnel, equipment, or supplies for the creation or distribution of
materials to be used in a political campaign or for any other purpose
in support of a political campaign. However, meeting rooms and other
City facilities that are made available for use by the public may be
used for political purposes by City Officials under the same terms and
conditions as they are made available for other public uses
(D) Use of cell phones or electronic devices during meetings.
City Officials shall refrain from using cell phones or electronic devices during a
meeting unless it is for the purpose of accessing agendas and information relevant
to the agenda. Cell phones shall be turned off or put on vibrate during meetings.
Should it be necessary to use a cell phone, City Officials shall step out of the meeting.
Text messaging,emails and other written communications shall not be sent during a
meeting unless it is an emergency.
(E) Use of City letterhead and logo.
The City's name, letterhead and logo are not to be used for non-City business or
purposes. City Officials shall not use the City letterhead or other materials for
personal correspondence, in connection with non-City business such as personal
fund raising for charitable causes, endorsements, or other types of personal
business.
Section 7. Board of Ethics.
(A) Creation and appointment.
There is hereby created a Board of Ethics to consist of five members and two
alternates.The purpose of the Board shall be to issue advisory opinions and waivers
on ethical issues arising under this article and to hear inquiries or complaints and
issue findings and recommendations regarding alleged violations of this article.
Prospective Board of Ethics members shall be interviewed by the entire City
Council.
(B) Qualifications.
(1) All members must live within the city of Wylie city limits.
(2) Members may not serve on any other Council appointed Board or
Co. Commission during their term on the Board of Ethics.
(3) No City of Wylie employee can be on the Code of Ethics Board.
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(C) Terms of appointment
No Board of Ethics member may serve more than two (2) consecutive years (with
the exception of the inception to achieve staggered terms.)
(D) Removal.
The unexcused absence of any member of the Board of Ethics from three (3)
consecutive meetings, unless the Board has excused the absence for good and
sufficient reasons as determined by the Board, shall constitute a resignation from
the Board.
A member may be removed for inappropriate conduct before the expiration of the
member's term. Before removing a member, the Board of Ethics shall specify the
cause for a recommendation of removal and shall give the member the opportunity
to make a personal explanation. Then the recommendation shall be brought to the
City Council for an official vote by Council. If the recommendation is regarding a
City Council member that member shall be exempt from the vote.
E. Consultation with city attorney.
The Board of Ethics may consult with the city attorney or a designee of the city
attorney regarding legal issues which may arise in connection with this article and
may request advisory assistance from the city attorney in conducting hearings on
inquiries during any stage of the process.
F. Advisory opinions and waivers.
(1) Any current elected officials or board/commissions member or
anyone seeking to become an elected officials or board/commissions
member may submit a written request to the Board of Ethics for
advisory opinions on whether any conduct by that person would
constitute a violation of the Code of Ethics. The Board of Ethics shall
render an advisory opinion pursuant to written rules adopted by the
Board, but in no case shall the Board take longer than six (6) weeks
from the time it received the request to issue an advisory opinion or
to give written notice explaining the reason for delay and stating an
expected issuance date.
(2) Any current elected officials or board/commissions member or
anyone seeking to become an elected officials or board/commissions
member may submit a written request for a waiver of any provision of
the Code of Ethics. The Board of Ethics is empowered to grant a
waiver if it finds that the waiver will serve the best interests of the
City. The Board shall issue appropriate notice of its meeting on the
waiver and its meeting shall be open to the public. The Board shall
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either issue or deny the waiver within six (6) weeks of receiving the
request.
G. Complaints or inquiries to the Board of Ethics.
Any person may file an official written complaint or inquiry with the Board of Ethics
asking whether a current elected officials or board/commissions member has failed
to comply with this code of ethics.
Prior to review by the Board of Ethics, the city attorney shall first determine the
following:
(1) If the Board of Ethics has jurisdiction over the alleged violation,and;
(2) If the alleged violation, if true, would or would not constitute a
violation of this article.
Subject to the rules adopted by the Council pursuant to section 7.H., the Board of
Ethics shall:
(1) Conduct a hearing in a meeting, which shall be open to the public on
all official written complaints or inquiries which have not been
dismissed pursuant to paragraph G of section 7 or resolved under
paragraph F of section 7.
(2) Except as otherwise provided in this article, make public written
findings and recommendations, if any, on complaints or inquiries.
Board findings should characterize the seriousness of the violation, if
any.
(3) The City Manager or the City Attorney shall inform the person who is
the subject of the complaint or inquiry and the person who submitted
the complaint or inquiry of the Boards' findings, and
recommendations; and
(4) If the Board feels corrective action may be necessary, it must make its
recommendations to the City Council in writing. The Board may
propose actions appropriate to the finding, ranging from a
recommendation that the person abstain from further action on the
matter or seek a waiver, to adopting a resolution reprimanding the
person.
R (H) Procedures for complaints or inquiries.
�,. The City Council shall adopt written rules to govern the Board of Ethics in order to
create a process that is fair both to the person who submitted the complaint or
Ordinance No.2014-19—Code of Ethics Page 7 of 11
inquiry and the person who is the subject of the complaint or inquiry. In addition to
rules which the Board may in its discretion adopt,the rules shall:
(1) Establish time lines for all aspects of its handling of complaints or
inquiries. The time lines shall be sufficiently long to enable a person
who is the subject of a complaint or inquiry to have adequate time to
understand the complaint or inquiry and prepare a response. The
rules shall allow the Board to alter the time lines upon a request of the
subject of a complaint or inquiry for more time to prepare;
(2) Require the complaint or inquiry to be in writing on a form approved
by the Board,to be signed,and to show the home or business address
and telephone number of the person who submitted it. The form shall
contain a statement that must be signed and which states that, to the
best of the person's knowledge, information, and belief formed after
reasonable reflection, the information in the complaint or inquiry is
true. The rules shall require the complaint or inquiry to describe the
facts that constitute the violation of this Code of Ethics in sufficient
detail so that the Board and the person who is the subject of the
complaint or inquiry can reasonably be expected to understand the
nature of any offense that is being alleged;
(3) Prohibit the Board from accepting complaints or inquiries about
actions that took place or became known to the complainant more
than six(6) months prior to the date of filing;
(4) Require the Board to notify the person who is the subject of the
complaint or inquiry that a complaint or inquiry has been filed. The
rules shall require the Board to provide the notification in a timely
manner,but no more than five (5) days from the day the complaint or
inquiry was filed. The rules shall require the notification to include a
copy of the full complaint or inquiry; a copy of any portion of this
article that is alleged to have been or that may be violated; and the
Board's rules for dealing with complaints or inquiries;
(5) Require the Board to provide the subject of the complaint or inquiry
with a copy of the complaint or inquiry before it provides copies to
any other parties. The rules shall recognize that distribution to the
public of a complaint or inquiry prior to screening by the Board as
required in below could harm the reputation of an innocent person
and is contrary to the public interest; therefore, the rules shall
prohibit the public release of the complaint or inquiry until the
screening process in below has been completed;
(6) Require the Board or a committee of the Board to meet within thirty-
one (31) days of receiving a complaint or inquiry to screen the
Ordinance No.2014-19—Code of Ethics Page 8 of it
F complaint or inquiry. The rules shall allow the Board to immediately
dismiss a complaint or inquiry if-
a.
fa. The alleged violation is a minor or de minimis violation;
b. The complaint or inquiry is, on its face, frivolous, groundless,
or brought for purposes of harassment;
C. The matter has become moot because the person who is the
subject of the complaint or inquiry is no longer an elected
officials or board/commissions member;
d. The person who is the subject of the complaint or inquiry had
obtained a waiver or an advisory opinion under section 7.F.
permitting the conduct.
The rules shall require the dismissal and the reason for dismissal to be in writing
and available to the public.
(7) Require the Board to have hearings at meetings,which are open to the
public on complaints or inquiries, which have not been dismissed
pursuant to paragraph G of this section or resolved under paragraph F
of this section.
(8) Allow any person who is the subject of a complaint or inquiry to
designate a representative if he or she wishes to be represented by
someone else, to present evidence, and to cross-examine witnesses.
The rules shall allow the person who submitted the complaint or
inquiry and the subject of the complaint or inquiry sufficient time to
examine and respond to any evidence not presented to them in
advance of the hearing;
(9) Require deliberations on complaints or inquiries to be conducted in
open session;
(10) Allow the Board to dismiss a complaint or inquiry without a finding
for or against the subject of the complaint or inquiry if the person
committed the violation due to oversight and comes into voluntary
compliance;
(11) Allow the Board to dismiss a complaint or inquiry if the person who
submitted it does not appear at hearing and if, in the opinion of the
Cm Board, it would be unfair to the subject of the complaint or inquirynot
to have the opportunity to examine the person. The rules shall,
however, require the Board to schedule the hearing at a time that is
reasonably convenient to both the person who submitted the
complaint or inquiry and the subject of the complaint or inquiry;
Ordinance No.2014-19—Code of Ethics Page 9 of I 1
(12) Require the Board to base a finding of a violation upon [clear and
convincing evidence];
(13) Require the Board to inform the person who submitted the complaint
or inquiry and the subject of the complaint or inquiry in writing if it
believes a complaint or inquiry is frivolous, groundless,or brought for
purposes of harassment;
(14) Prohibit members who have not been present for the hearing from
participating in a recommendation;
(15) Require that findings and recommendations be made only by a
majority of the Board;
(16) Allow the Board to consider, when it makes findings and
recommendations, the severity of offense; the presence or absence of
any intention to conceal, deceive, or mislead; whether the violation
was deliberate, negligent, or inadvertent; and whether the incident
was isolated or part of a pattern;
(17) Allow the Board to issue an advisory opinion in response to a
complaint or inquiry, in lieu of making findings and
recommendations,where deemed appropriate by the Board.
Section 8. Other Obligations.
This Code of Ethics is cumulative of and supplemental to applicable state and federal
laws and regulations. Compliance with the provisions of this Code shall not excuse or
relieve any person from any obligation imposed by state or federal law regarding ethics,
financial reporting, lobbying activities,or any other issue addressed herein.
Even if a City Official is not prohibited from taking official action by this Code of Ethics,
action may be prohibited by duly promulgated personnel rules, which may be more
stringent.
Section 9. Effective Date.
This Code of Ethics shall take effect on May 28, 2014, following its adoption and
publication as required by law. Every person shall be provided reasonable opportunity to
review this Code of Ethics as a condition of their candidacy and/or application to be a
City Official. Individuals seated as City Officials on the effective date of this Ordinance
shall be bound by it and shall sign a written acknowledgement of receipt and
understanding of this Code within 30 days of the effective date. All City Officials
elected, appointed or retained following the effective date of this Code shall sign a
written acknowledgement of receipt and understanding of this Code before performing
any of the duties or functions of the City Official's position.
Ordinance No.201419—Code of Ethics Page 10 of 11
Section 10. Distribution and Training.
(A) At the time of application for a position of City Official, every applicant shall be
furnished with a copy of this Code of Ethics. No application shall be considered
complete without a signed acknowledgement of receipt and understanding of this
Code by the applicant.
(B) The City Attorney or City Manager as designated by the City Council shall
develop educational materials and conduct educational programs for the City
Officials on the provisions of this Code of Ethics, Article XI of the City Charter,
and Chapters 171 and 176 of the Texas Local Government Code. Such materials
and programs shall be designed to maximize understanding of the obligations
imposed by these ethics laws.
Section 11. Severability.
If any provision of this Code is found by a court of competent jurisdiction to be invalid or
unconstitutional, or if the application of this Code to any person or circumstances is
found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect the other provisions or applications of this Code which can be given effect without
the invalid or unconstitutional provision or application.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE,TEXAS,on this 20'h day of May, 2014.
�L q�r
Eric Hogue, M&yt)
ATTESTED AND
CO LY RECO E OF ,
Caro a Ehrlich, ecretary
i
DATES OF PUBLICATION: May 28,2014 in the Wylie News
9188 e
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Ordinance No.2014-19—Code of Ethics Page 11 of 11
rVII jarnlerslidle Lruurs Murphy Monitor • The Princeton Herald News THE WYLIE?NEWS
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STATE OF TEXAS
COUNTY OF COLLIN
Before me,the undersigned authority,on this day personally appeared Chad Engbrock,
publisher of C& S Media,dba The Wylie News,a newspaper regularly published in
Collin County,Texas and having general circulation in Collin County,Texas,who being
by me duly sworn,deposed and says that the foregoing attached:
City of Wylie
Ordinance No.2014-19
was published in said newspaper on the following dates,to-wit:
May 28,2014
Chad Engbrock, Publisher
Subscribed and sworn before me on this,the _day of1411V , 2014
to certify which witness my hand and seal of office.
Ai
Sonia A Duggan Notary Public i for
t The State of Tex s
09-02-2016
My commission expires
Murphy-Sachsc.'Wtlic Office- 110 N.Ballard•P.O.Box 369•WN lic.T X 75098-972-442-3515•fa-,972 442 T+IK
Farnwr.c illcll'rincM(m Office•101 S.Main-P.O.Bur 512•Famrcnrille "'X 75442•972-784-6.397•lax 973-792-7()'3
May 28 - May 29,2014 .
ORDINANCE
NO.2014-19
AN ORDINANCE
OF THE CITY OF
WYLIE, TEXAS,
ESTABLISHING A
CODE OF ETHICS;
PROVIDING FOR
A PENALTY FOR
THE VIOLATION
OF THIS ORDI-
NANCE; PROVID-
ING FOR REPEAL-
ING, SAVINGS
AND SEVERABIL-
ITY CLAUSES;
PROVIDING FOR
AN EFFECTIVE
DATE OF THIS
ORDINANCE;
AND PROVID-
ING FOR THE
PUBLICATION
OF THE CAP-
TION HEREOF.
3-it-26-339