Ordinance 2022-01WHEREAS, the City of Wylie previously adopted Ordinance No. 2014-19, establishing a Code of
Ethics; and
WHEREAS, the City of Wylie desires to create a Code of Conduct and repeal Ordinance No. 2014-
19, as of the Effective Date of this Ordinance.
NO11i, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS that:
Section 1. Creation of Code of Conduct
The City of Wylie creates this Code of Conduct (the "Code") and repeals Ordinance No. 2014-19, as of
the Effective Date of this Ordinance.
Section 2. Policy
AM11 wl alfff V-0 I ae M All M VFAM I'll
conyicience u, integrity ot its Uit .11ticials. it is t e po icy ot e I y 0 le 1 s
meet the standards of conduct established in this Ordinance. Conduct not regulated herein is not subject to
this Coie.
non-profit economic development corporation by the City Council under the authority of the
Development Corporation Act of 1979, as amended.
1wor"IFT71kro — M#Tr#qMM Mow",
that was created by an act of the City Council whose members are appointed or confirmed by the City
f kN i, wj
matters within its jurisdiction,
Ordinance No. 2022-01 — Code of Conduct Page I of I I
City Official or Official means the Mayor; a member of the City Council, members of Administrative
Boards, and Advisory Boards, appointed by the Mayor or City Council.
Code of Conduct means this Code of Conduct ("Code"). Only a City Official may be held responsible for
violations of the Code.
Economic Interest means a legal or equitable property interest in land, chattels, and intangibles, 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 property of the organization.
znmmlI��
(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.
Section 4. Covered officials
When a City Official's conduct is regulated by a provision of this Ordinance and a similar provisiona'
state law, and it is possible to comply with the requirements of both, a City Official shall comply wil
both.
Section 6. Education
The City shall provide training and educational materials to City Officials on their obligations under
state law and this Ordinance. Such training shall include at least one fornial classroom session in each
calendar year. All City Officials shall annually attend the formal training session offered by the City or
equivalent training sessions conducted by the City Attorney, 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 7. Standards of Conduct for City Officials
(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
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.
(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
Ordinance No. 2022-01 — Code of Conduct Page 2 of 11
I ill
EMT", I I
(B) Misuse and disclosure of confidential information
(1) It is a violation of this Code for a City Official to violate Texas Penal Code § 39.06 (Misuse
of Official Information).
(2) A City Official shall not disclose to the public any information that is deemed confidential
and/or privileged under any federal, state, local law, or Council rules, unless authorized by
law.
(C) Restrictions on political activity and political contributions
(1) No City Official shall use state or local funds or other resources of the City to electioneer
for or against any candidate, measure, or political party.
(2) A City Official shall not directly or indirectly induce, or attempt to induce, any City
employee:
a. To participate in an election campaign (beyond merely encouraging another to
vote), to participate in a political fundraising activity, or to contribute to a political
candidate or political committee;
b. To engage in any other activity relating to a particular candidate, party or issue
that is not directly related to a legitimate function of City government; or
C. To refrain from engaging in any lawful political activity after working hours.
(D) Use of cell phones or electronic devices by appointed or elected officials during meetings of
Administrative Boards and Advisory Boards, of which they are a member
meeting at which the City Official is attending as a member of that Administrative Board or
Advisory Board, except as provided below. However, City Officials may access agendas and
information relevant to a past, current, and/or future agenda. Cell phones shall be turned off or
y.ut on vibrateAuring, mAsoaings. Shmld it be neces,.�ari,, to use a cell vhone CitW Officials shall stey.
down from the dais. Text messaging, emails, and other electronic or written communications
shall not be sent during a meeting unless it is an emergency.
(E) Conflicts of Interest
L Ij—dc 111, 41 11111f.01 L A 111111,CRUC, 41110IS LIII LU&C 411
a manner which he or she knows, or has reason to believe, may result in a personal, financial
benefit, or Economic Interest not shared with a substantial segment of the City's population, for
any of the following persons or entities:
(1) The Official;
(2) The Official's relative, or the employer or business of the relative;
(3) A person with which the Official has a financial or business relationship, including but not
limited to:
a. A business of the Official, or the Official's spouse or domestic partner, or someone
who works for such outside employer or business; or
b. A client or substantial customer.
(4) A nongovernmental civic group, social, charitable, or religious organization of which the
Ordinance No. 2022-01 — Code of Conduct Page 3 of 11
Official, • the • spouse • •• •. is an officer • • •
(5) A public or private business entity for which the Official, or his or her relative serves as a
director, general partner, or officer, or in any other policy -making position except when so
appointed to the •• by the City.
(F) Compliance with Texas Local Government Code Chapters 171 and 176
[t is a violation of this Code for a City • to violate Texas Local Government Code, §§ 171
and 176 and Texas Penal Code § 36.08
(G) Prohibitions - Granting Special Privileges and Use of City Supplies and Equipment
MR703yZe"MM.
(1) To use his official position to secure special privileges or exemptions for himself or others;
(2) To grant any special consideration, treatment or advantage to any citizen, individual,
business organization or group beyond that which is normally available to every other
citizen, individual, business organization or group. This shall not prevent the granting of
fringe benefits to City employees as a part of their contract of employment or as an added
incentive to the securing or retaining of employees; •
(3) • use City supplies, equipment or facilities for any purpose • than the conduct •.
official City business, unless otherwise provided for by law, ordinance or City policy.
Section 8. Board of Review
(A) Creation and appointment
(1) The BOR shall review Complaints regarding alleged violation(s) of the Code
("Complaints"), review applicable waivers regarding the alleged violation(s), and
determine if a Complaint should be dismissed under the criteria, as outlined herein.
(2) Prospective BOR members shall be interviewed and appointed by a majority of the City
Council present at a duly called meeting.
(B) Qualifications
(1) All members must live within the City of Wylie city limits and be at least 18 years of age;
(2) BOR members may not be:
a. The spouse or the domestic partner of the individual filing the Complaint
("Complainant") or the individual who is the subject of the Complaint ("Respondent")
is the spouse or domestic partner.
b. Serving on any other Council appointed Board or Commission during their term
on the BOR;
c. A City Council member or City of Wylie employee, or the spouse or domestic
partner of a City Council member or City of Wylie employee;
d. An elected public official; or
e. A candidate for elected public office at the time of their term on the BOR.
Ordinance No. 2022-01 — Code of Conduct Page 4 of 11
(C) Terms of appointment / Limitations
(1) BOR members may serve only one (1) term of two (2) consecutive years.
(2) BOR members shall serve until any Complaints pending during their appointed term have
been fully adjudicated by the BOR.
(3) If a person selected to serve on the BOR pursuant to this subsection cannot fulfill his or
her duties as a member of the BOR due to illness, travel, disqualification under the terms
outlined above, or another bona fide reason, or otherwise refuses to serve on the BOR, thal
person shall be requested to confirm that fact with the City Secretary in writing within 15
calendar days of receipt of the service notification. In this event, the City Secretary shall
repeat the process outlined herein until a substitute has been selected.
(1) BOR members must attend training regarding the role and responsibilities of service on
the BOR prior to handling a Complaint. The unexcused absence of any member of the
BOR from three (3) consecutive meetings, unless the BOR has excused the absence for
good and sufficient reasons, as determined by the BOR, shall constitute a resignation
from the BOR.
(2) A BOR member serves at the pleasure of the City Council and may be removed before the
expiration of the member's term by the City Council in its sole discretion. Before removing
a member, the BOR shall specify the cause for a recommendation of removal and shall
give the BOR member the opportunity to present the member's defense to removal. The
recommendation for the City Council to remove a BOR member shall be brought to
the City Council for an official vote.
The City Attorney is authorized to issue to any City Official, upon reasonable request, fo
written opinions regarding the applicability of the provisions of the conduct laws to an action t -
ns City Official is considering tak ing in the future. The BOR and/or the City Council may co 11
14191 H NOR Iwo I• I of
for the City Council and not any individual City Council member.
(1) The City Council shall approve a list of three (3) independent private attorneys
recommended by the City Attorney who may individually serve as a "Reviewing Attorney"
for Complaints filed under this section. The Reviewing Attorney shall be chosen by the City
Manager by lot.
(2) To be qualified, the Reviewing Attorney must be an attorney in good standing with the State
Bar of Texas, have been licensed to practice in the State of Texas for at least ten (10)
consecutive years, and have at least five (5) years of experience working with municipalities
in Texas. The Reviewing Attorney may not be:
a. A City Council member or City of Wylie employee, or the spouse or domestic partner
of a City Council member, Board member or City of Wylie employee;
b. An elected public official; or
c. A candidate for elected public office at the time of their service.
Ordinance No. 2022-01 — Code of Conduct Page 5 of 11
(G) Complaint Process
Ordinance No. 2022-01 — Code of Conduct Page 6 of I I
i. The timing of the sworn Complaint with respect to when the facts
supporting the alleged violation became known or should have become
known to the Complainant, and with respect to the date of any pending
election in which the Respondent is a candidate or is involved with a
candidacy, if any;
ii. The nature and type of any publicity surrounding the filing of the sworn
Complaint, and the degree of participation by the Complainant in
publicizing the fact that a sworn Complaint was filed;
iii. The existence and nature of any relationship between the Respondent and
the Complainant before the Complaint was filed;
iv. If Respondent is a candidate for election to office, the existence and nature
of any relationship between the Complainant and any candidate or group
opposing the Respondent;
V. Any evidence that the Complainant knew or reasonably should have known
that the allegations in the Complaint were groundless; and
vi. Any evidence of the Complainant's motives in filing the Complaint.
d. Notice of an order to show cause shall be given to the Complainant, with a copy to
the Respondent, and shall include:
1. An explanation of why the Complaint against a Respondent appears to be
frivolous; and
ii. The date, time, and place of the hearing to be held under this section.
e. Before making a determination that a sworn Complaint against a Respondent is
frivolous, the City Council shall hold a hearing at which the Complainant may be
heard and accompanied by his or her retained counsel.
f. By a record vote of at least a simple majority of those present after the hearing under
this section, the City Council may determine that a Complainant filed a frivolous
Complaint and may recommend sanctions against that Complainant.
9- Before imposing a sanction for filing a frivolous Complaint, the City Council shall
consider the following factors:
i. The seriousness of the violation, including the nature, circumstances,
consequences, extent, and gravity of the violation;
ii. The sanction necessary to deter future violations; and
In. Any other matters that justice may require.
li. The City Council may impose the following sanctions:
i. A civil penalty of not more than $500;
ii. Imposition of attorneys' fees incurred by Respondent;
iii. Any other sanction permitted by law; and/or
iv. The City Council may notify the appropriate regulatory or supervisory
agency for their appropriate action. This may include a referral for criminal
prosecution if the facts so warrant.
(5) Review of Complaint
a. Within seven (7) business days of receiving the Complaint from the City Secretary,
the Reviewing Attorney shall issue a written advisory opinion, dismissing or
referring the Complaint to the OR:
i. Dismiss the Complaint if:
I . The deadline for filing a Complaint has passed;
2. The accused is not subject to the Code;
3. The conduct alleged is not regulated under the Code;
4. The Complaint is not completed as defined herein or signed and
sworn to by the person filing the Complaint in the form of an
affidavit; or
Ordinance No. 2022-01 — Code of Conduct Page 7 of 11
5. The person who is the subject of the Complaint had obtained a
waiver permitting the conduct.
ii. Dismissal of a Complaint under this provision is final and non -appealable.
iii. If the Reviewing Attorney dismisses the Complaint, the Reviewing
Attorney shall forward a copy of the dismissal to the Complainant,
Respondent, City Council, and the Board on which the Respondent is a
member, if applicable.
b. If the Reviewing Attorney does not dismiss the Complaint, as provided herein, the
Reviewing Attorney shall refer the Complaint and the advisory opinion to the OR
for review under this provision. The Reviewing Attorney's referral of the
Complaint and advisory opinion to the BOR does not mean that any of the
allegations of the Complaint are true or false or that any current City Official has
or has not violated the Code.
C. If the Complaint is referred to the BOR for review, the Reviewing Attorney shall
also copy his or her advisory opinion to the Complainant, the City Manager, and
the City Attorney within seven (7) business days of receipt of the Complaint. For
Complaints not dismissed by the Reviewing Attorney, and subsequently referred
to the OR, the notice to the Respondent will include notice of the Respondent's
option to file a written response to the advisory opinion with the City Secretary
within seven (7) business days of receipt of the opinion from the Reviewing
Attorney. The City Secretary will forward the Respondent's written response to
the BOR with the Complaint and the Reviewing Attorney's advisory opinion.
(6) Board of Review Process.
a. The OR shall meet within forty-five (45) days of receiving a referral of a Complaint
from the Reviewing Attorney, unless extended by the City Council. The BOR will
review the Complaint, the Reviewing Attorney's advisory opinion, the Respondent's
response (if any), and applicable City policies, ordinances, and/or other related
information (the "BOR RecorX).
b. The BOR may dismiss a Complaint as provided below or, if not dismissed, refer the
Complaint to the City Council for consideration as outlined herein.
(7) The BOR Review and City Council Review / Hearing
a. The BOR may dismiss a Complaint if-
i. The alleged violation is a minor or de minimis violation;
ii. The Complaint is, on its face, frivolous, groundless, or brought for
purposes of harassment;
iii. The matter has become moot because the Respondent is no longer an
elected official or Administrative Board or Advisory Board member;
or
iv. The Respondent came into voluntary compliance.
b. The determination regarding whether a complaint is frivolous and subject to
sanctions will be addressed by the City Council as outlined in Section 8(G)(3)
herein.
C. The BOR will conduct its review of a Complaint not dismissed pursuant to
paragraph 3.ai. of this section at meetings which are open to the public.
d. The rules shall require the dismissal and the reason for dismissal to be submitted
by the BOR in writing and available to the public within forty-five (45) days of
considering the Complaint under paragraph 4.b. above, unless extended by the City
Council. A dismissal under this provision by the BOR is final and non -
appealable.
e. If the BOR does not dismiss the Complaint, the BOR will refer the Complaint,
BOR Record to the City Council within forty-five (45) business days of
Ordinance No. 2022-01 — Code of Conduct Page 8 of 11
Ordinance No, 2022-01 — Code of Conduct Page 9 of 11
or if the Respondent or Complainant is related to the City Council member within
a prohibited level of affinity or consanguinity.
The decision of the City Council is final and non -appealable.
(H) Findings / Consequences
(1) City Officials deemed to be in violation of the Code are subject to consequences, including
• not limited to the •
a. Censure - If the violation did not involve a matter of public concern and the City
Council finds that a violation of this Code occurred, the City Council may issue a
censure of the City Official, to the extent permitted by law.
b. Letter of Notification — The City Council may issue a letter of notification if the
City Council finds that a violation of this Code was clearly unintentional. A letter
of notification must .• the City Official of any steps to • taken to avoid future
violations.
C. Letter of Admonition — The City Council may issue a letter of admonition if the
City Council • that a violation of this Code was minor, • where the
circumstances call for a more substantial response than a letter of notification.
d. Reprimand — To the extent permitted by law, City Council may issue a reprimand
if the City • finds that a violation of this Code was not minor and was
committed intentionally or through reckless disregard.
e. Removal from Leadership Position — In addition to, or in place of, the
consequences outlined above, the City Council may remove a City Official from
any leadership position held by that City Official as a member of the body in which
the City Official serves.
f. Removal from Administrative Boards and Advisory Boards — In addition to, or in
place of, the consequences outlined above, the City Council may remove an
appointed City Official from Administrative Boards and Advisory Boards.
This Code is cumulative of, and supplemental to, applicable state and federal laws and regulationj
Compliance with the provisions of this Code shall not excuse or relieve any person from any obligatil
imposed by state or federal law regarding conduct, financial reporting, lobbying activities, or any oth
issue addressed herein. I
This Code shall take effect on January, 11, 2022, following its adoption and publication as required by law
(the "Effective Date").
(A) Every person shall be provided reasonable opportunity to review this Code as a condition of their
candidacy and/or application to be a City Official. At the time of application for a position of City
Official, every applicant shall • furnished with a copy • this Code.
(B) 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
Ordinance No. 2022-01 — Code of Conduct Page 10 of 11
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.
(C) 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,
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
conduct laws.
Section 12. Severaility
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 PASSEDAPPROVED THE CITY COUNCIL THE CITY OF WYLIE,
TEXAS, on this 11th day of January, 2022.
A
atthew Porter, Mayor
ATTESTED AND,
CORRECTLY REC RDED:
w
z
Date of publication in The Wylie News — January 19, 2022 '
Ordinance No. 2022-01 — Code of Conduct Page 1 1 of 11
iU&S! Murphy Monitor ® The Princeton J-jej,ajd - —'.'f&1ChsoNCW5 - T14EWVLIENEWS
•
0_0 R•H AW - =_ = - � W• "I L AIMIRWRINNIQ
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, and bei
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4
who being by me duly sworn, deposed and says that the foregoing attached: 11
City of Wylie
Legal Notice — Ordinance No. 2022-01 & Ordinance No. 2021-
lie U A _h it f I I I I, ! . ,,
- M.
January 19, 2022
-Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 20... day of January, 21022, to certity which
witness my hand and seal of office.
•
Notaryv 11 Publi' n i for
The State of
Nlurph\/Sachse"'Wylio Office - I ION, Ballard - RO� 13ox369 - WYke,TX75098 -972-442-5SI5-fax 972-442-4318
101 S,,'�laain-11,0,'kiox5l2-@,'irryiersi;iile,TX7-5442-IY72-784-6397-fax 972-792-7(623
January 19-20, 2022