02-27-2012 (City Council) Agenda Packet Wylie City Council
CITY O WYLIE NOTICE OF MEETING
Special Called Meeting Agenda
February 27, 2012 — 6:00 p.m.
Wylie Municipal Complex — Council Chambers/Conference Room
300 Country Club Road, Building #100
Eric Hogue Mayor
M. G. "Red" Byboth Mayor Pro Tern
David Goss Place 1
Kathy Spillyards Place 3
Bennie Jones Place 4
Rick White Place 5
Diane Culver Place 6
Mindy Manson City Manager
Richard Abernathy City Attorney
Carole Ehrlich City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie
Municipal Complex, distributed to the appropriate news media, and posted on the City website:
www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted
on the City of Wylie website: www.wylietexas.gov.
The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the
audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone
conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020.
CALL TO ORDER
Announce the presence of a Quorum.
INVOCATION & PLEDGE OF ALLEGIANCE
WORK SESSION
• Discussion regarding a draft of the Wylie Code of Ethics Policies by the Council
Sub-Committee to the Wylie City Council for review and possible future
consideration. (City Council Sub-Committee)
RECONVENE INTO OPEN SESSION
February 27,2012 Wylie City Council Regular Meeting Agenda Page 2 of 2
REGULAR AGENDA
1. Consider, and act upon, directing staff to prepare a final draft of the Code of Ethics
to be reviewed by the City Attorney for future consideration by the Wylie City
Council. (M. Manson, City Manager)
ADJOURNMENT
If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the
City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or
consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City
Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session
or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not
limited to,the following sanctions and purposes:
Texas Government Code Section:
§551.071—Private consultation with the attorney for the City.
§551.072—Discussing purchase,exchange,lease or value of real property.
§551.074—Discussing personnel or to hear complaints against personnel.
CERTIFICATION
I certify that this Notice of Meeting was posted on this 24th day of February, 2012 at 5:00 p.m. as required by law in
accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was
contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
TRAVEL & TRAINING EXPENSE POLICY
These policies are applicable to all travel by elected and appointed officials of the City
while conducting City business or attending approved training programs outside of
Wylie City limits. Each Council member is allowed and encouraged to attend up to
three (3) events per budget year. Any Council member desiring to attend additional
events shall first obtain Council approval.
Reimbursable Items:
Transportation
The elected or appointed official will be expected to select the mode of transportation
that is the most economical to the City considering cost and time consumed with the
assistance of the appropriate staff liaison. Public transportation will be used in those
cases where it is most economical when considering travel time and other factors.
When using air transportation, elected and appointed officials will normally travel in the
coach section. Airline fees for checked baggage are considered "Other Expenses".
See policy below.
When an elected or appointed official uses a personal vehicle, he/she shall be
reimbursed for mileage at the rate currently allowed by the IRS. At no time will the
reimbursement for one's vehicle exceed the lowest cost of air travel (coach). Lodging,
meals and other expenses will be allowed on the same basis as if the elected or
appointed official had traveled by air.
Mileage reimbursement will be made according to the distance between Wylie and the
particular destination based upon the most recent "Official Highway Map" issued by the
Texas Department of Transportation. Reimbursement for actual miles driven as
indicated by a vehicle's odometer may be made if such mileage does not exceed the
total distance indicated on the map by more than five percent.
Meals
In accordance with IRS rules, a per diem allowance of $40.00 per full day is authorized
for overnight trips. For partial days of overnight trips, $10.00 for breakfast, $10.00 for
lunch, $20.00 for dinner is allowed. When an elected or appointed official claims the per
diem allowance, any meals provided by the conference or otherwise paid for will be
deducted at the per diem rate.
When attending a professional development event or meeting and no meal break is
given and sufficient time is not allowed to leave for a meal break, then the cost of the
meal will be reimbursed as part of the business expense in accordance with our current
per diem rate schedule - $10.00/$10.00/$20.00.
Lodging
Expenses will be allowed for adequate lodging appropriate to the purpose of the trip.
Receipts for lodging must be provided to obtain reimbursement.
Registration Fees
Fees charged for registration are reimbursable. A receipt is required.
Tips
A reasonable amount for tips will be allowed for reimbursement. Generally, tips will be
allowed up to the equivalent of 15% of the meals and other tips as reasonable and
prudent.
Other Expenses
Charges for parking, car rental, taxis, checked luggage and other miscellaneous travel
or airline expenses will be allowed for reimbursement if reasonable, ordinary and
necessary. All such charges must be supported by receipts in order to receive
reimbursement.
Expenses Not Approved For Reimbursement
• Alcohol charges are non-reimbursable travel expenses under any and all
circumstances.
• The expense of any elected or appointed official not specifically traveling on City
business will not be reimbursed.
• In those instances where use of personal cars for travel beyond 500 miles is
allowed for the convenience of the elected or appointed official, mileage
reimbursement will requires Council approval and will automatically be added to
next Council consent agenda.
• If an elected or appointed official chooses an alternate route due to personal
preference or personal business, the additional travel time and additional cost of
the route is not reimbursable. This exclusively applies to local and out of town
travel and training.
Miscellaneous
If an elected or appointed official wishes, they can request a minimum but sufficient cash
advance to pay for travel expenses. All requests for advances on approved travel will be
submitted through the appropriate staff liaison. If possible, advances should be
requested at least one week prior to travel. All expense reports must be filed with
Finance within three (3) working days after the traveler's return. No employee will be
reimbursed for any travel expenses or be advanced any funds for travel if a prior advance
is outstanding.
SECTION 30: TRAVEL & TRAINING EXPENSE POLICY
These policies are applicable to all travel by elected and appointed officials City
employees and other officials of the City while conducting City business or attending
approved training programs outside of Wylie City limits. Only that travel and/or training
,
which has not been authorized in the Annual City budget, must be specifically approved
by the City Manager.?? Each Council member is allowed and encouraged to
attend up to three (3) events per budget year. Any Council member desiring to
attend additional events shall first obtain Council approval.
Reimbursable Items:
Transportation
The elected or appointed official department supervisor or director will be expected to
select the mode of transportation that is the most economical to the City considering
cost and time consumed with the assistance of the appropriate staff liaison. City
vehicles will be utilized when feasible [MM I need to check insurance coverage for
this.] Public transportation will be used in those cases where it is most economical
when considering travel time and other factors. When using air transportation, elected
and appointed officials cmploycc& will normally travel in the coach section. Airline
fees for checked baggage are considered "Other Expenses". See policy below.
When an elected or appointed official employee uses a personal vehicle, he/she shall
be reimbursed for mileage at the rate currently allowed by the IRS. At no time will the
reimbursement for one's vehicle exceed the lowest cost of air travel (coach). Lodging,
meals and other expenses will be allowed on the same basis as if the elected or
appointed official employee had traveled by air.
Mileage reimbursement will be made according to the distance between Wylie and the
particular destination based upon the most recent "Official Highway Map" issued by the
Texas Department of Transportation. Reimbursement for actual miles driven as
indicated by a vehicle's odometer may be made if such mileage does not exceed the
total distance indicated on the map by more than five percent. City employees receiving
a car allowance arc eligible for mileage reimbursement for destinations beyond the first
receive Aar allowances
Meals
In accordance with IRS rules, a per diem allowance of $40.00 per full day is authorized
for overnight trips. For partial days of overnight trips, $10.00 for breakfast, $10.00 for
lunch, $20.00 for dinner is allowed. When an elected or appointed official employee
claims the per diem allowance, any meals provided by the conference or otherwise
paid for will be deducted at the per diem rate.
When attending a professional development event or meeting and no meal break is
given and sufficient time is not allowed to leave for a meal break, then the cost of the
meal will be reimbursed as part of the business expense in accordance with our current
per diem rate schedule - $10.00/$10.00/$20.00.
Lodging
Expenses will be allowed for adequate lodging appropriate to the purpose of the trip.
Receipts for lodging must be provided to obtain reimbursement.
Registration Fees
Fees charged for registration are reimbursable. A receipt is required.
Tips
A reasonable amount for tips will be allowed for reimbursement. Generally, tips will be
allowed up to the equivalent of 15% of the meals and other tips as reasonable and
prudent.
Telephone
Charges for telephone calls will be allowed within reason.
Other Expenses
Charges for parking, car rental, taxis, checked luggage and other miscellaneous travel
or airline expenses will be allowed for reimbursement if reasonable, ordinary and
necessary. All such charges must be supported by receipts in order to receive
reimbursement.
Expenses Not Approved For Reimbursement
• Alcohol charges are non-reimbursable travel expenses under any and all
circumstances.
• The expense of any elected or appointed official City employee not specifically
traveling on City business will not be reimbursed.
• In those instances where use of personal cars for travel beyond 500 miles is
allowed for the convenience of the employee, mileage reimbursement will be
calculated at the discretion of the City Manager. ?? over 500 miles requires
Council approval - will automatically be added to next Council agenda
(consent)
• If an elected or appointed official cmploycc chooses an alternate route due to
personal preference or personal business, the additional travel time and
additional cost of the route is not reimbursable. This exclusively applies to local
and out of town travel and training.
Miscellaneous
All individuals traveling from the City, whcthcr for personal or busincsc reasons, arc
where they can be reached while out of the City of Wylie.
If an elected or appointed official cmploycc wishes, they can request a minimum but
sufficient cash advance to pay for travel expenses. All requests for advances on
approved travel will be submitted to Finance through the appropriate staff liaison. If
possible, advances should be requested at least one week prior to travel. All expense
reports must be filed with Finance within three (3) working days after the traveler's return.
No employee will be reimbursed for any travel expenses or be advanced any funds for
travel if a prior advance is outstanding.
I. Administrative Matters.
A. Definitions.
In these hearing procedures:
Chair means the person the Review Panel elects as chairperson of the meeting.
Complainant means the person filing a complaint alleging a violation of the Ethics Rules.
Respondent means the person named in the complaint alleged to have violated the Ethics Rules.
Ethics Rules means the Rules of Ethical Conduct contained in
B. Administrative Matters.
(1) The City Manager may designate one or more employees to arrange hearings, give notices to
interested parties, and provide other administrative support as necessary for the Review Panel to
fulfill its duties.
(2) The City Secretary will make and keep an audio or video record of the hearing, maintain all
written documents and evidence relating to the proceedings, and perform other administrative
duties as assigned by the city manager or the Review Panel.
(3) The City Attorney will assist and represent the Review Panel on legal matters as requested by
the Review Panel.
(4)The Review Panel,the Complainant, and the Respondent will be provided a copy of this Policy
[Ordinance?] at least five business days prior to the date of the hearing.
(5)The Complainant and the Respondent may submit to the Review Panel a written stipulation of
facts that are not contested prior to the hearing.
(6)The Mayor will serve as the Chair at the hearing, make any ruling relating to the administrative
procedures of the hearing, and shall exercise reasonable control over the proceedings. If the
Mayor is disqualified from serving on the Review Panel or is not available,the mayor pro tem will
serve as the Chair. If the Mayor and Mayor Pro Tem are disqualified from serving on the Review
Panel or are unavailable, the remaining members of the Review Panel will elect a Chair from the
members who are qualified and available to serve. Any member of the Review Panel who objects
to a ruling of the Chair may request a vote of the entire Review Panel to overturn a ruling.
(7) Either party may be represented by an attorney or other person at the hearing.
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(8). A quorum of the Review Panel is four or more members.
Detailed written complaints required.
A complaint alleging a violation of any of the rules of ethical conduct contained in this article
must be made in writing, signed by the complainant, sworn to before a notary public, and
filed with the city secretary, and must contain the following information:
(1) The name, address, and telephone number of the person making the complaint;
(2) The name of, and office held by, the person against whom the complaint is directed;
(3) The specific provision of this article that is alleged to have been violated;
(4) For each violation alleged, a detailed description of the facts that are alleged to
constitute the violation,including the date or dates on which the violation is alleged to
have occurred;
(5) The names,addresses,and telephone numbers of any witnesses to the violations;and
(6) Copies or descriptions of any documents that substantiate the allegations.
Within 5 business days of submittal, the City Manager will inform the complainant of any
incomplete or missing information that is necessary to complete the complaint as required
above. Failure to file a complete complaint does not affect the 60 day rule as referenced in
Section below.
Time for filing complaints.
A complaint must be filed on or before the 60th day after the date the violation is alleged to
have occurred or the 60th day after the violation was discovered, whichever date is later.
However, no complaint will be accepted after 180 days from the date that the violation is
alleged to have occurred.
Mediation of Complaint.
Within 10 business days from the filing of the complaint, mediation will be conducted by the
Chair of the Review Panel between the Complainant and the Respondent in order to attempt
to resolve the issue prior to convening the Review Panel. If a resolution is obtained,a written
statement will be prepared and signed by all parties acknowledging the resolution and filed as
a public record in the office of the City Secretary.
Should the resolution not be found through mediation, the preliminary review of the
complaints will begin per Section .
Preliminary review of complaints.
(a)The city manager shall provide copies of each complaint to the person or persons accused,
to the city attorney, and to the members of the review panel, as soon as practicable.
(b) The city attorney shall, within five business days of receiving the complaint, provide a written
report to the review panel. The report shall state whether, in the city attorney's opinion, the
written complaint:
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(1) was filed timely;
(2) alleges misconduct by a person whose conduct is regulated under this article;
(3) alleges the occurrence of conduct that might reasonably constitute a violation of the
rules of ethical conduct contained in this article; and
(4) is signed and sworn to by the person filing the complaint.Additionally,the report shall
recommend whether the review panel should dismiss the complaint or conduct further
proceedings.
(c) The city attorney shall also advise the review panel whether the city attorney has issued a
written opinion or opinions to the accused official that relate to the conduct at issue and whether,
in the city attorney's opinion, the conduct was undertaken in good faith reliance on a written
opinion that concluded the conduct was not in violation of this article. Where the city attorney
concludes that the conduct was undertaken in good faith reliance on a written opinion, the city
attorney shall recommend that the review panel dismiss the complaint without a hearing.
(d) The city attorney's recommendation that the review panel conduct further proceedings does
not mean that any of the allegations of the complaint are true or false or that any current or former
city official or candidate for city council has violated or has not violated this article. The review
panel will make that determination.
Review panel.
(a)The city council shall act as the review panel for any ethics complaints filed against city officials,
including members of the city council.
(b)A member of the city council shall be disqualified from serving on a review panel to consider a
complaint if the complaint was filed:
(1) Against the member;
(2) By the member; or
For the purposes of this provision,a complaint filed against a member of the city council for alleged
misconduct related to the member's service on any other city-created entity shall be treated the
same as a complaint related to the member's service on the city council.
(c)The remaining qualified members of the city council shall act as the review panel where one or
more members are disqualified from serving.A quorum of the review panel is four members.The
affirmative vote of at least four members of the review panel is necessary to take action.
(d) The city secretary shall act as the secretary for the review panel. Meetings of the city council,
when acting as a review panel, shall be held in accordance with the requirements of the Texas
Open Meetings Act.
Review panel procedures.
3
(a) Within ten business days after a review panel receives a report and recommendation from the
city attorney, it shall render a decision as to whether the complaint should be dismissed as
insufficient or because the subject conduct was undertaken in good faith reliance on a formal
written opinion of the city attorney, or whether an investigation into the complaint should be
made. The city manager shall promptly notify the complainant and the accused of the review
panel's decision.
(b) A review panel may not sustain a complaint or impose sanctions on an accused city official
without holding a hearing on the complaint. The city council or review panel will adopt written
rules of procedure to govern the hearing as it deems appropriate that will provide a fair hearing on
the complaint.The written rules must include the right of the accused to respond to the complaint,
to attend any hearing on the complaint,and to present witnesses and other evidence on his or her
own behalf.
Sanctions for violations of this article.
In the event a review panel determines that a city official has committed a violation of the rules of
ethical conduct contained in this article, it shall impose sanctions against the accused as follows:
(1) Where a review panel finds that the accused has committed a minor violation of the rules of
ethical conduct contained in this article, the violation was unintentional, and the accused fully
cooperated in the investigation, it shall issue a written notice of violation to the accused.The notice
shall be titled "Notice of Minor Violation" and shall state the findings of the review panel.
(2) Where a review panel finds that the accused has committed a major violation of the Rules of
Ethical Conduct contained in this article, it shall issue a written notice of violation to the accused.
The notice shall be entitled "Notice of Public Censure," shall announce the review panel's findings,
including the finding that the accused has committed a major violation and any finding that the
accused acted intentionally and/or failed to cooperate in the investigation, and shall express the
review panel's strong condemnation of the person's actions.
(3) Where the accused person is a current member of an administrative board or advisory board,
the review panel may, where appropriate, issue in addition to any written notice of violation, a
decision suspending or removing such member from office.
(4) In addition to any other sanction imposed,the review panel may issue a decision requiring the
accused to cease the violation and to file any affidavits, reports, disclosures, or other documents
required by law.
(5)Any decision or decisions by a review panel on an ethics complaint filed under this article shall
be issued in writing and filed as a public record in the office of the city secretary.
Name clearing proceedings.
Where informal allegations of a potential violation of the rules of ethical conduct contained in this
article have been made against a current or former city official and the accused person desires an
investigation of such allegations in order to clear his or her name, the accused person may file a
written request for declaratory relief, which shall contain the information described in Section
4
, and which shall state that the filer denies the allegations and is filing the request for
declaratory relief solely for the purpose of clearing his or her name.A request for declaratory relief
filed under authority of this section shall be handled in the same manner and in accordance with
the same procedures as complaints received from third parties and must be filed no later than the
60th day after the public official first learned of the allegations.
Penalty for filing false complaint or giving false testimony.
It is unlawful for a person to intentionally file a complaint under this article that the person knows
contains false information or by making reasonable inquiry should know that it contains false
information. It is unlawful for a person to intentionally give false testimony under oath in any
hearing before a review panel held under this article. Any person found guilty of violating this
section will be fined not more than $500.00 [penalty needs attorney review] for each offense.
REVIEW PANEL HEARING PROCEDURES
General Hearing Procedures.
(1) The Chair will call the hearing to order, read the complaint or give a summary thereof, and
accept into evidence any written stipulation agreed to by the parties.
(2) The Chair will give an oath to any person available who might give testimony in the case.
Witnesses who are not available will be given the oath at the time the person is called to testify.
Witnesses will raise their right hands and take the following oath: "I swear/affirm that any
testimony I give in these proceedings will be true to the best of my knowledge."
(4) The Complainant and then the Respondent may make brief opening statements summarizing
the evidence they expect to present that is relevant to the allegations made in the complaint.
(5) The Complainant will present any evidence to support the Complaint's allegations.
(6) The Respondent will present any evidence in defense of the Complaint's allegations.
(7) Thereafter, the Chair may, if necessary, allow the Complainant and then the Respondent to
present further evidence to rebut the evidence presented by the other party, so long as the
rebuttal evidence relates to the allegations and is not repetitive of the evidence already presented.
(8)Witnesses are subject to reasonable and relevant cross-examination by the opposing party. The
Review Panel members also may ask questions of the parties or witnesses.
(9) After the close of the presentation of evidence and testimony by both parties, the Chair must
allow the Complainant and then the Respondent to give brief closing summations of their case as
shown in the evidence. Closing statements shall not exceed ten (10) minutes in length.
5
Rules Relating to Evidence.
(1) Technical rules of evidence that apply in a court of law do not apply to these proceedings.
(2) Evidence may be presented in the form of testimony of any person having knowledge of the
facts or through documents, recordings, videos, or other forms of evidence
(3)The Chair will only allow arguments and the presentation of evidence if substantially relevant to
the allegations made in the Complaint.
Deliberations and Decision.
(1) After the parties' summation, the Review Panel will deliberate on the Complaint in open
session.
(2) In making its decision, it is the province of the Review Panel to ultimately determine:
(a) The relevance of any particular evidence presented;
(b) The credibility of any testimony or evidence presented; and
(c) The weight to be given to any particular testimony or evidence.
(3) The Review Panel may only make a decision on the matter by voting in an open meeting.
(4) The affirmative vote of the majority of the members of the Review Panel participating is
necessary to make a decision on any allegation made in the Complaint.A tie vote on an allegation is
considered a finding that there was not violation of the Rules as to that allegation.
(5) If the Review Panel finds that the Respondent did violate the Rules of Ethical Conduct, it will
impose one of the sanctions as set forth in Section of the Rules of Ethical Conduct.
(6) After the Review Panel votes on the matter, the Board will prepare, or have the City Attorney
prepare, a written decision that is signed by the members of the Board voting in favor of the
decision. A copy of the decision will be sent to all parties.
6
Scction I Thpt the City Council 3doptc the following polic
REVIEW PANEL HEARING PROCEDURES
Policy Number 3000-19
Date of adoption:06-06-06
gffeet-ive-dat-e06-06-06
RESOLUTION NO 06 20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING A CITY
WHEREAS,thc City Council wishcs to adopt a policy providing writtcn proccdurcs to be followcd in
a Review Pancl Hearing on a complaint allcging a violation of thc Rulcs of Ethical Conduct for City Officials;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SUGAR LAND, TEXAS:
P11�--URPOSE
To providc writtcn proccdurcs govcrning a Rcvicw Pancl hcaring on a complaint allcging a violation
of thc Rulcs of Ethical Conduct for City Officials.
POLICY
Pancl consisting of council mcmbcrs who arc not thc subjcct of thc complaint. Scction 2 134(c) provide,
that thc City Council will adopt writtcn rulcs of proccdurc to govcrn thc hcaring on thc complaint.
Thcrcforc, thc City Council adopts thcsc hcaring proccdurcs.
1
I. Administrative Matters.
A. Definitions.
In these hearing procedures:
Chair means the person the Review Panel elects as chairperson of the meeting.
Complainant means the person filing a complaint alleging a violation of the Ethics Rules.
Respondent means the person named in the complaint alleged to have violated the Ethics Rules.
Ethics Rules means the Rules of Ethical Conduct contained in Articic VI of Chaptcr II of thc Codc of
Ordinanccs. [add correct reference]
B. Administrative Matters.
(1) The City Manager may designate one or more employees to arrange hearings, give notices to
interested parties, and provide other administrative support as necessary for the Review Panel to
fulfill its duties.
(2) The City Secretary will make and keep an audio or video record of the hearing, maintain all
written documents and evidence relating to the proceedings, and perform other administrative
duties as assigned by the city manager or the Review Panel.
(3) The City Attorney will assist and represent the Review Panel on legal matters as requested by
the Review Panel.
(4)The Review Panel,the Complainant, and the Respondent will be provided a copy of this Policy
[Ordinance?] at least five business days prior to the date of the hearing.
(5)The Complainant and the Respondent may submit to the Review Panel a written stipulation of
facts that are not contested prior to the hearing.
(6) If thc Rcspondcnt is a public officcr within thc moaning of ccction 551.07'1 of thc Opcn
Mcctings Act, thc Rcvicw Pancl is not rcquircd to hold a hearing that is opcn to thc public or to
dclibcratc in an opcn mccting, unlc:c thc Rcspondcnt rcqucsts that thc hearing and dclibcration.s
be opcn to thc public. Bcforc going into a cloccd mccting, thc Chair will announcc in an opcn
mccting that thc Rcvicw Pancl will go into a cloccd mccting as authorizcd by ccction 551.07'1 of thc
Opcn Mcctings Act (Pcrconncl Mattcrs). If thc Rcspondcnt is not a public officcr within thc
moaning of ccction 551.07'1 of the Opcn Mcctings Act,thc Rcvicw Pancl must hold thc hearing and
dclibcratc in an opcn mccting.
(7) The Mayor will serve as the Chair at the hearing and make any ruling relating to the
] conduct of the proceedings. If the Mayor is
disqualified from serving on the Review Panel or is not available, the mayor pro tem will serve as
the Chair. If the Mayor and Mayor Pro Tem are disqualified from serving on the Review Panel or
are unavailable,the remaining members of the Review Panel will elect a Chair from the members
who are qualified and available to serve. Any member of the Review Panel who objects to a ruling
of the Chair may request a vote of the entire Review Panel to overturn a ruling. Combine 7&8
(8) The Chair shall exercise reasonable control over the proceedings
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(9) Either party may be represented by an attorney or other person at the hearing.
(10). A quorum of the Review Panel is four or more members.
[the following text in blue is merged from Sugar Land Code of Ordinances® Division 3
Complaint Procedures]
�,. . .y COMPLAINT E E
Sec. 2 93. Detailed written complaints required.
Sec. 2 91. Time for filing complaint-.
Sec. 2 95. Preliminary review of complaints.
Sec. 2 96. Review panel.
Sec. 2 97. Review panel procedure-.
Sep. 2 98—
Sec. 2 99. Name clearing proceedings.
Sec. 2 100. Penalty for filing false complaint or giving false totimony.
Secs. 2 101 2105. Re-erved.
Sec. 2 93. m Detailed written complaints required. A complaint alleging a violation of any of
the rules of ethical conduct contained in this article must be made in writing, signed by the
complainant, sworn to before a notary public, and filed with the city secretary, and must
contain the following information:
(1) The name, address, and telephone number of the person making the complaint;
(2) The name of, and office held by, the person against whom the complaint is directed;
(3) The specific provision of this article that is alleged to have been violated;
(4) For each violation alleged, a detailed description of the facts that are alleged to
constitute the violation,including the date or dates on which the violation is alleged to
have occurred;
(5) The names, addresses, and telephone numbers of any witnesses to the violations; and
(6) Copies or descriptions of any documents that substantiate the allegations.
8MM—suggested addition-Incomplete complaints will not be processedfor review?CM will
inform complainant of what[s missing within 5 business days. Failure bmfilem complete complaint
does not affect the 60 day ru/e /
(Ord. No. 1538, § 1, 12 20 05; Ord. No. 1577, § 19, 8 1 2005)
Scc' 2 94.~ Time for filing complaints.
A complaint must be filed on or before the 355th 68th day after the date the violation is
alleged to have occurred or the 90th 60th day after the violation was discovered, whichever
date iscor|ior later./\complaint may befiled against city official who is no longer in office if
the complaint relates to conduct of the fo
othcrvvicc timely filed. (Ord. No. 1538, § 1, 12 20 05; Ord. No. 1577, § 10, 8 1 2005\
[MM—qugation—ahou|dxvgagta maximum time limit that a complaint can be filed? Ex: ^4
complaintnnust be filed on or before the 365bh 60th day after the date the violation is
alleged bm have occurred or the 9944 60^^day after the violation was discovered, whichever
dmbe[scarficrhmtet However, no complaint will be accepted after 180days from the date
that the violation[s alleged bm have occurred?]
Sec. . Mediation of Complaint.
Within 10 business daysfrom thefiling of the complaint, a mediation will be conducted by
the Chair of the Review Panel between the Complainant and the Respondent in order to
attempt bm resolve the issue prior bm convening the Review Panel. [fm resolution[sobtained,
a written statement will be prepared and signed by all parties acknowledging the resolution
andfiledms m public record/n the office of the City Secretary.
Should the resolution not be found through mediation, the preliminary review of the
complaints will begin.
Scc' 2 95' ~ Preliminary rgwigxv of complaints.
(a) The city ccorctory manager shall provide copies of each complaint to the person or
persons accused, to the city attorney, and to the members of the review panel, as soon as
practicable.
(b) The city attorney shall, within five business days of receiving the complaint, provide a written
report to the review panel. The report shall state whether, in the city attorney's opinion, the
written complaint:
(1) was filed timely;
/2\ alleges misconduct by a person whose conduct is regulated under this article;
(3) alleges the occurrence of conduct that might reasonably constitute a violation of the
rules ofethical conduct contained in this article; and
(4) is signed and sworn to by the person filing the complaint. Additionally,the report shall
recommend whether the review panel should dismiss the complaint or conduct further
proceedings.
(c) The city attorney shall also advise the review panel whether the city attorney has issued a
written opinion or opinions to the accused official that relate to the conduct at issue and whether,
in the city attorney's opinion, the conduct was undertaken in good faith reliance on a written
opinion that concluded the conduct was not in violation of this article. Where the city attorney
concludes that the conduct was undertaken in good faith reliance on a written opinion, the city
attorney shall recommend that the review panel dismiss the complaint without a hearing.
(d) The city attorney's recommendation that the review panel conduct further proceedings does
not mean that any of the allegations of the complaint are true orfalse orthat any current orformer
city official or candidate for city council has violated or has not violated this article. The review
panel will make that deternnination./Ord. No. 1538, § l, 13 30 05; Ord. No. 1577, § 19, Q l 2005\
Sec. 296. Review panel.
(a)The city council shall act as the review panel for any ethics complaintsfiled against city officials,
including members of the city council, formcr city officials, and candiclatcs for the city council.
(b)A member of the city council shall be disqualified from serving on a review panel to consider a
complaint if the complaint was filed:
(l) Against the member;
/2\ 8v the member; or
/3\ Against a candidatc for c|cction to the rncrnbcr's p|acc on city council vvhcrc the
rncrnbcr has fi|cd for oriscUgib|c for rcc|cction.
For the purposes of this provision, a complaint filed against a member of the city council for alleged
misconduct related to the member's service on any other city-created entity shall be treated the
same asa complaint related to the nnennber's service on the city council.
(c)The remaining qualified members of the city council shall act as the review panel where one or
more members are disqualified from serving. A quorum of the review panel is four members.The
affirmative vote of at least four members of the review panel is necessary to take action.
/d\ The city secretary shall act as the secretary for the review panel. Meetings of the city council,
when acting as a review panel, shall be held in accordance with the requirements of the Texas
Open Meetings Act. (Ord. No. 1538, § l, 13 30 05; Ord. No. 1577, § 19, Q l 2005)
Sec. 297' Review panel procedures.
(a) Within ten business days after a review panel receives a report and recommendation from the
city attorney, it shall render a decision as to whether the complaint should be dismissed as
insufficient or because the subject conduct was undertaken in good faith reliance on a formal
written opinion of the city attorney, or whether an investigation into the complaint should be
made. The city cccrctary manager shall promptly notify the complainant and the accused of the
review panel's decision.
(b) VVhcrcorcvicvvponc| dctcrnninc- that aninvc-tigotien should bcnnodc, it shall precccdvvith
-uch invc-tigotien using such preccdurc- as arc apprepriotc censidcring the noturc and
circunnctoncc- ef the particular complaint.
(c) A review panel may not sustain a complaint or impose sanctions on an accused city offcia|r
fernncr city official, or condidotc for city council without holding a hearing on the complaint. The
city council or review panel will adopt written rules of procedure to govern the hearing asitdeems
appropriate that will provide a fair hearing on the complaint. The written rules must include the
right of the accused to respond to the complaint, to attend any hearing on the complaint, and to
present witnesses and other evidence on his or her own behalf.
(d)/\rcvicvvponc| may conduct hcoring-and ethcrprecccding-eno complaint inc|escdcxccutivc
-c--ion ifpernnittcd 6v -totc low, but onydccisien must bc rcndcrcd during an epcn public
nnccting.
Scc' 2 98' Sanctions for violations mf this article.
In the event a review panel determines that a city official,formcr city official, or candidatc for the
city council has committed a violation of the rules of ethical conduct contained in this article, it
shall impose sanctions against the accused asfollows:
(l) Where a review panel finds that the accused has committed a minor violation of the rules of
ethical conduct contained in this article, the violation was unintentional, and the accused fully
cooperated in the investigation, it shall issue a written notice of violation to the accused.The notice
shall be titled "Notice of Minor Violation" and shall state the findings of the review panel.
(Z) VVhcrc o rcvicvv ponc| finds that the occuccd has cennnnittcd o minor violation of the ru|c- of
-cthico| cenductcentoincd in this artic|c, and cithcr: l\the violation was cennnnittcd knowingly,or
3\ the accuccd hosfoi|cd to fully ceeperotc in the invc-tigotien, it shall i-suc o vvrittcn neticc of
violation to the accuccd. The neticc shall bc cntit|cd "Lcttcr of Admonition" and shall -totc the
findings ef the rcvicvvponc|,inc|udingthc finding that the occuccdoctcdintcntienoUy and/or foi|cd
to fully ceeperotc in the invc-tigotien.
(3) Where a review panel finds that the accused has committed a major violation of the Rules of
Ethical Conduct contained in this article, it shall issue a written notice of violation to the accused.
The notice shall be entitled "Notice of Public Censure,"shall announce the review panel's findings,
including the finding that the accused has committed a major violation and any finding that the
accused acted intentionally and/or failed to cooperate in the investigation, and shall express the
review panel's strong condemnation of the person'sactions.
(4) Where the accused person is a current or fernncr member of an administrative board or
advisory board,the review panel may,where appropriate,issue in addition to any written notice of
violation, a decision suspending or removing such member from office.
(5) 1 n addition to any other sanction imposed,the review panel may issue a decision requiring the
accused to cease the violation and to file any affidavits, reports, disclosures, or other documents
required by law.
/5\Any decision or decisions by a review panel on an ethics complaint filed under this article shall
be issued in writing and filed as public record in the office of the city secretary. (Ord. No. 1538, �
l, 13 30 05; Ord. No. 1577, § 19, Q l 2005)
Sec. 2 99.-Name clearing proceedings.Where informal allegations ofa potential violation of the
rules of ethical conduct contained in this article have been made against a current orformer city
official and the accused person desires an investigation of such allegations in order to clear his or
her name,the accused person may file a written request for declaratory relief,which shall contain
the information described in [section 2-93 — fix reference], and which shall state that the filer
denies the allegations and is filing the request for declaratory relief solely for the purpose of
clearing his or her name. A request for declaratory relief filed under authority of this section shall
be handled in the same manner and in accordance with the same procedures as complaints
received from third parties and must be filed no later than the 9Qth6Otx day afterthe public official
first learned of the allegations. (Ord. No. 1538, § l, 13 30 05; Ord. No. 1577, § 19, Q l 2005)
Sec.2 1QQ.-Penalty for filing false complaint or giving false testimony. |tis unlawful for a person
to intentionally file a complaint under this article that the person knows contains false information
or by making reasonable inquiry should know that it contains false information. It is unlawful for a
person to intentionally give false testimony under oath in any hearing before a review panel held
under this article. Any person found guilty of violating this section will be fined not more than
$500.00 [penalty needs attorney review]for each offense. (Ord. No. 1538, §l, 12 20 05; Ord. No.
1577, § 19, Q l 2005)
Secs. 2101 2105. Reserved.
REVIEW PANEL HEARING PROCEDURES
Q General Hearing Procedures.
(1) The Chair will call the hearing to order, read the complaint or give a summary thereof, and
accept into evidence any written stipulation agreed toby the parties.
(2) The Chair will give an oath to any person available who might give testimony in the case.
Witnesses who are not available will be given the oath at the time the person is called to testify.
Witnesses will raise their right hands and take the following oath: "I sweaJINIM that any
testimony I give in these proceedings will be true to the best of my knowledge."
(3) Upon the request of either party, the Chair will order that all witnesses who arc expected to
to observe or listen to any of the proceedings cxccptwhcn they arc actually testifying as a witncs5
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(4) The Complainant and then the Respondent may make brief opening statements summarizing
the evidence they expect to present that is relevant to the allegations made in the complaint.
(5) The Complainant will present any evidence to support the Complaint's allegations.
(6) The Respondent will present any evidence in defense of the Complaint's allegations.
(7) Thereafter, the Chair may, if necessary, allow the Complainant and then the Respondent to
present further evidence to rebut the evidence presented by the other party, so long as the
rebuttal evidence relates to the allegations and is not repetitive of the evidence already presented.
(8)Witnesses are subject to reasonable and relevant cross-examination by the opposing party. The
Review Panel members also may ask questions of the parties or witnesses.
(9) After the close of the presentation of evidence and testimony by both parties, the Chair must
allow the Complainant and then the Respondent to give brief closing summations of their case
as shown in the evidence. Maximum time for closing statement— 10 minutes
4I, Rules Relating to Evidence.
(1) Technical rules of evidence that apply in a court of law do not apply to these proceedings.
(2) Evidence may be presented in the form of testimony of any person having knowledge of the
facts or through documents, recordings, videos, or other forms of evidence
(3)The Chair will only allow arguments and the presentation of evidence if substantially relevant to
the allegations made in the Complaint.
(4)The Chair may allow thc prescntation of hearsay cvidcncc(i.c., cvidcncc not bascd on personal
knowlcdgc)and cvidcncc of witncsscs by affidavit if thc cvidcncc critical to thc dctcrmination of a
significant factual issuc and is not availablc from anothcr sourcc. Howcvcr,thc Rcvicw Pancl may
a sign thc wcight it dccms proper to thc hcarsay or affidavit.
III. Deliberations and Decision.
(1) After the parties' summation, the Review Panel will deliberate on the Complaint in open
session.
(2) In making its decision, it is the province of the Review Panel to ultimately determine:
(a) The relevance of any particular evidence presented;
(b) The credibility of any testimony or evidence presented; and
(c) The weight to be given to any particular testimony or evidence.
(3) The Review Panel may only make a decision on the matter by voting in an open meeting.
(4) The affirmative vote of the majority of the members of the Review Panel participating is
necessary to make a decision on any allegation made in the Complaint.A tie vote on an allegation is
considered a finding that there was not violation of the Rules as to that allegation.
(5) If the Review Panel finds that the Respondent did violate the Rules of Ethical Conduct, it will
impose one of the sanctions as set forth in Scc. 2 135 of the Rules of Ethical Conduct.
(6) After the Review Panel votes on the matter, the Board will prepare, or have the City Attorney
prepare, a written decision that is signed by the members of the Board voting in favor of the
decision. A copy of the decision will be sent to all parties.
APPROVED by the City Council on Junc 06, 2006.
Is/
David G. Wallace, Mayor
ATTEST: Rcvicwcd for Lcg l Compliancc:
jffi
Glcnda Gundcrmann, City Sccrctary
PURPOSE OF POLICY
To establish the responsibilities,guidelines,code of conduct and protocols for the Mayor,City Council and
City Manager and to adopt Rules of Procedure for City Council Meetings.
SCOPE OF POLICY
1. RESPONSIBILITIES,GUIDELINES,CODE OF CONDUCT AND PROTOCOLS FOR THE
MAYOR, CITY COUNCIL AND CITY MANAGER AND RULES OF PROCEDURE FOR
COUNCIL MEETINGS.
A. MAYOR-CITY COUNCIL RESPONSIBILITIES
• Focus the Vision for Wylie's Future
• Define the preferred future of Wylie
• Anticipate opportunities
• Identify and develop partnerships
• Leverage City resources to realize the vision
• Continually review, test and update the vision
• Develop Outcome-Based Goals that Realize the Vision
• Use the vision to determine goals
• Have realistic and forward-thinking goals
• Define measures of success and measure outcomes
• Annually update goals
• Identify and prioritize actions and delegate to City Manager
• Anticipate Critical Issues,Work through the Issues
• Bring up critical and tou h issues
• Use committees to address issues and provide
recommendations
• Use work sessions to address issues, to negotiate and to build consensus
• Inform and engage the community
• Develop sense of confidence in the City's ability to handle the issue
• Make Policy Decisions and Provide Clear Direction Based on what is Best for the City of
Wylie
• Come prepared to meetings
• Balance input with "best for city"
• Come to timely closure
• Have clear closure, direction and expectations
• Support for policies and decisions
•Work with the Community to set Direction and Address Citizen Preferences and Concerns
• Appropriately involve residents and businesses in governance
• Seek and use input from others
1
• Develop a positive working relationship and partnership
• Treat others with trust and respect
• Help the community to understand City decisions,programs and services
• Provide Positive Community Leadership
• Have an active presence in the community
• Actively participate in the community
• Listen to the ideas, concerns and desires of others
• Take time to explain decisions and actions
• Develop the next generation of community and civic leaders
• Create a positive atmosphere and motivate community
• Provide Proactive Regional and Intergovernmental Leadership
• Be an advocate for Wylie
• Actively participate in organizations
• Develop and maintain relationships
• Bring issues and opportunities to the table
• Obtain resources for Wylie and a fair share back to citizens
•Work with Fort Bend County and other government
entities
• Develop City Partners
• Help others to understand issues, actions and the City
• Develop positive working relationships
• Share resources for greater return to the community
• Mobilize others to hel realize the vision and achieve goals
• [D.C. —vague and can be misinterpreted]
• Employ and Appoint Staff per the Charter
• Hire the right staff manager for Wylie
• Provide resources to get the job done
• Set the tone for the City guided by the core beliefs
•Compensate for performance
• Delegate through clear expectations and directions
- Appoint the Judge and Associate Judges
- Provide resources to get the job done
- Evaluate performance of Municipal Court Judge
- Determine compensation
• Produce Results
• Monitor performance
• Have knowledge about key issues and current status of actions
• Learn and look for ways to improve
• Celebrate successes
• Recognize others who have contributed to the success
2
B. MAYOR AND CITY COUNCIL GUIDELINES
1. The Council is the "Board of Directors"for the City
2. The Council represents the "Stockholders"—our citizens and stakeholders
3. The Council should follow the adopted protocols
4. The Council sets the "tone for city government"by how its business is conducted
5. The Council should provide a clear charge and direction to Boards and Commissions —its
partners in governance
6. The Council sets the "authority" of the City Manager, both in word and in daily actions
(avoiding managing or micromanaging)
7. The Council uses Council sub-committees to address issues and develop options as needed
8. The Council uses work sessions to discuss issues in depth, to focus direction for the city
manager and staff, and to refine draft reports and recommendations
9. The Council is responsible for realizing the vision, achieving the goals, and producing
results that add value to the community
C. MAYOR EXPECTATIONS
• Serve as the Chief Spokesperson for the City on major policy issuc9, Council positions and
policies, leadership on adopted vision and goals
• Serve as the highest point of contact for economic development initiatives
• Serve as the Ambassador for City and Wylie Community
• Serve as Ceremonial Leader(shared with individual Council Members)
• Chair the Council Meetings
• Facilitate relationship with Council Members and City Manager
• Follow the roles and responsibilities as outlined in the City Emergency Management Plan
and other responsibilities as provided by state law
• Represent the City to other local governmental entities
• If the Mayor is unavailable, the Mayor is to ask the Mayor Pro Tem to represent the City
• If the Mayor Pro Tem is unavailable, the Mayor is to ask an individual Council member of
his /her choice to fill in
• Keep Council informed on issues and actions of the other bodies
D. MAYOR PRO TEM EXPECTATIONS
• Stand in and fulfill the role of the Mayor in his absence or at his request
• Stay informed and receive training as necessary to fulfill the role effectively
E. CITY COUNCIL MEMBERS EXPECTATIONS
3
• Attend and participate in Council meetings and Council Committee meetings
• Represent the Mayor as a ceremonial representative of the City at his request
• Be responsible for"what is best"for the entire city
• Serve as Ambassadors for the City and Wylie Community
F. COUNCIL MEMBERS SERVING AS CITY REPRESENTATIVE TO OUTSIDE
ORGANIZATIONS EXPECTATIONS
• Represent the City and the Council vision, goals,pehey and direction
• Vote for the City of Wylie
• Keep Council informed on issues and actions of the other bodies
• Bring issues to Council for discussion and direction
G. CITY MANACER RESPONSIBILITIES
• Provide advice on vision
• Identify opportunities, anticipate issues
• Use the vision, goals
• Provide alternative solutions
• Balance long term needs with response
• Help Mayor and Council to focus on the future
2. Lead City Organization
• Be responsible for City performance and results
• Create environment consistent with the City's core values
• Set high expectations for City and self
• Lead by example
• Achieve goals while building public confidence
• Evaluate the performance of the city organization
• Develop annual work plan
• Make timely decisions
• Provide clear direction to City
• Achieve outcomes aligned with vision, goals, Council decision
• Provide regular status reports and updates
• Be on time and under budget
4
• Work with Council to resolve conflicts
• Meet quarterly with Council (1 1 time)
• Take ideas and determine appropriate action
• Listen to and understand Council's message and concerns
• Keep Council informed to avoid surprises
• Serve as a sounding board and advisor
• Accept direction from Council majority (even if he/she disagrees)
��z�=sicrc-c,-ccu�,,• •,ti'�=czcr�A�timracC-9"' ccicc�
• Take an idea and make it better for Wylie
• Use experiences to develop ideas
• Look to provide best services at lowest price
• Have knowledge of best practice used by other Cities
• Take reasonable risk, empower others to take risks
• Take problem and develop a new solution
• Explore ways to solve "unsolvable"problems
6. Represent the City
• Create a positive image for the City
• Be a regional leader
• Identify opportunities to represent and showcase the City
• Be a City spokesperson on management and operational matters
• Support Mayor and Council regional intergovernmental leadership
• Be a strong advocate for the City's interests
7. Develop a "Champion" City Team
• Hire and retain top quality City staff
• Motivate the City staff
• Provide resources necessary to do the job
• Develop city as an effective team
• Develop employees, managers and future leaders through training and education
• Define the role and expectations for managers and employees
• Share successes with the team people feeling part of the City team
• Know the community and identify opportunities for the City
• Know the community
• Look at the City through the eyes of a citizen
• Be involved in City events and activities
• Serve on boards and participate in community organizations
• Encourage managers and employees to be part of the community
9. Be a Strategic Thinker and Leader
• Help Council work through political minefields
• Develop new ideas and concepts
5
• Present alternative ways to achieve the goal
• Think through actions, how they may impact the City
• Identify potential partners
• Encourage managers to think strategically
• Take actions that follow the strategy
• Produce a budget that achieves goals
• Mobilize resources
• Leverage City resources
• Be a steward responsible spender
• Keep and improve bond rating
• Think about financial implications and impacts
H. CITY MANACER CUIDELINES
1. The City Manager is the "Chief Executive Officer" for the City
2. The City Manager is responsible for the City organization
3. The City Manager is the prime contact point for the Mayor and City Council
1. The City Manager is accountable for the performance of the City organization
5. The City Manager supports the Mayor and City Council in being an effective "Board of
Directors"
I. OUR "HOUSE"RULES—CODE OF CONDUCT
1. Speak what you believe to be true
2. Treat others with respect and courtesy
3. Resolve conflicts among ourselves; do not criticize other council members or staff in public
4. Choose your words wisely; it is "how"you say it
5. Have an open mind for everyone; listen to other ideas, opinions and recommendations
6. Have civil and professional dialogue
7. Be a positive representative of the city
8. Consistent attendance at all Council meetings and Council Sub Committee meetings; come
prepared and ready to discuss issues
9. Be punctual; start on time
6
10. Keep each other informed; share information among all
11. Avoid personal issue or bias
12. Define problems and issues first and then focus on solutions
13. Keep closed executive sessions confidential
14. Honor roles, responsibilities and protocols
15. Provide clear direction to staff
J. COUNCIL PROTOCOL
Protocol 1: Simple information
Go to the designated Staff Liaison to City Council
Protocol 2: Research on a topic
Go to the City Manager and/or designated Staff Liaison to City Council
If research is for a new topic or will require a significant amount of time to research,the
item will be brought to City Council for direction.
Protocol 3: Agenda Question
Go to the designated Staff Liaison to City Council prior to 12 noon, on the date of the
meeting.
If information is relevant to the council meeting discussion, the information will be
shared with all members of City Council
Protocol 4: Employee Contact
Employee-Initiated
• Refer employee to the City Manager's office
• Refer employee to the organization's policy and guidelines
• Council Member should contact the City Manager
Council-Initiated
• Avoid management and policy discussions Avoid employee management and
policy discussions
• Questions and comments may be seen as an order
Protocol 5: Ethics Complaints against the City Manager
7
• Talk to the City Manager first
• If there is an ethics complaint against the City Manager it should be directed to
the Mayor
Protocol 6: Cell Phone Use
• Turn off or put on vibrate during meetings
• Avoid Do not text messageiffg during meetings unless it is an emergency
• Step out of the meeting to use cell phone
J
II
Protocol 7: Correspondence &E Mail
• Emails sent to individual Council Member
Forward to designated Staff Liaison to City Council
▪ Staff Liaison will research and assist in draft response and return the
response back to the Council Member for distribution/response
• Emails sent to more than one Council Member but not entire City Council
▪ Council Members should forward email to Staff Liaison
Staff Liaison will research and respond back to individual Council
Members for distribution/response
• Emails sent to entire Mayor and Council
▪ Council Members should forward email to Staff Liaison
▪ Staff Liaison will research,prepare and respond on behalf of Mayor
and Council. Staff will distribute a copy of the response to entire City
Council
[City of Wylie Resolution 2003-20 —Rules of Procedure Inserted here]
2. RULES OF PROCEDURE FOR COUNCIL MEETINCS
These rules of procedure for city council meetings are general guidelines for conducting council
meetings. These rules are not intended to be applied inflexibly in all circumstances, but should be
followed to the extent they aid the council in conducting its business in an orderly manner. The council
may temporarily modify or suspend these rules in particular cases to expedite its business.
8
A. Preparation of Agenda.The City Manager is responsible for preparing the agenda for each Council
meeting. The manager will include any item on the agenda if: (1)requested by the Mayor; (2)requested
by a Council Member and the Mayor approves the request; or (3) requested by at least two Council
Members. The Mayor will review the agenda on Wednesday and may add or delete items from the
agenda unless the item has been requested by two or more Council Members. A copy of the agenda will
then be provided to all Council Members on Thursday and any changes will be made by noon on Friday.
B. Consent Agcnda and Removal. The City Manager may place items on the consent agenda that are
routine and not controversial and are not likely to require council discussion. All items placed on the
consent agenda may be approved together by one council vote. Before the council votes, any Council
Member may, by request, have an item removed from the consent agenda. Any item removed from the
consent agenda will be considered immediately after council action on the consent agenda.
COUNCIL MEETINCS
A. Quorum.Four Council Members are necessary for the transaction of business (Charter Section
B.Regular Mcctings.The Council will meet in the Council Chamber in regular session every first
and third Tuesday of every month(Charter Section 2.08).If a designated Tuesday is a legal holiday,
the Council may hold the meeting on another day (Charter Section 2.08). The regular Council
meetings shall be held at 5:30 p.m. The Council meetings held on the first and third Tuesday are
broadcast live on SLTV 16 and the city's website, and recorded for future rebroadcasting.
C. Special Meetings.The Mayor,any four Council Members,or the City Manager may call special
Council meetings (Charter Section 2.08).
D. Closed Mcctings. The Council may meet in closed meeting as authorized by state law. Prior to
taken of a closed meeting. The certified agenda must include: (1)a statement of the subject matter of
each deliberation;(2)a record of any further action taken;and(3)an announcement by the Mayor at
the beginning and the end of the meeting indicating the date and time. The Mayor will certify that
the certified agenda is a true and correct record of the proceedings. The Council will go back into
open session in the Council Chamber to adjourn the formal meeting.
E.Notice and Matters Considered. The Council will not discuss or take any action on any matter
relating to public business at any Council meeting unless notice of the matter has been posted as
required by law. Decisions on matters of a purely administrative nature, such as the appointment of
an Ad Hoc Council Subcommittee or placing an item on a future agenda, need not be posted by
notice.
9
F.Work Scssions. The Council will have work sessions on the fourth Tuesday of every month. In
the work sessions is to provide information,seek input and/or to discuss concepts or issues in depth.
Work sessions included at the two regular Council meetings will be held in the City Council
Chamber. These work sessions will be limited to topics that require minimal discussion and are
informational in nature;i.e. a final draft or project plan that is to be shared with City Council and the
public prior to adoption. Work sessions held in the Council Chamber are broadcast live over
SLTV16 and the internet.
Work sessions on the fourth Tuesday of every month will be held in the Cane Room at City Hall.
The work session will include initiatives or topics that require in depth discussion and direction to
staff from City Council. The fourth Tuesday sessions are open to the public but not broadcast or
video recorded.
. ,
procedures in accordance with the spirit and intent of these rules. If any Council Member disagrees
with the Mayor's ruling on any matter of procedure, the Council Member may appeal the ruling to
the Council as a whole.
B. Presentation of Agcnda Itcros. The Mayor will normally call for the items to be considered by
C. Ccncral Dccorum. Council Members will speak only upon being recognized by the Mayor.
Council Members shall not interrupt one another while speaking except to make a point of order.
The Mayor need not recognize any Council Member for a second comment on the subject or
amendment until every Council Member wishing to speak has been allowed a first comment.
D. Council Action. The Council will generally take action on matters in the following manner:
1. Making a Motion. The Council Member proposing any action will make a motion by
clearly stating the motion. Any motion may be withdrawn by the mover before it is voted on.
The withdrawal is not subject to amendment or require a second or vote. The following is a
restatement of how the most common motions apply(or do not apply to)to Council meetings.
Unless stated otherwise, each motion requires a second and a vote of four (') Council
Members to pass:
(a) Amending a Motion. Any Council Member may move to amend a pending
motion. No more than two amendments may be made to a pending motion. The last
amendment made shall be voted on first.
(b)Postpone to a Certain Datc.This motion is used to delay consideration of an item
until a specified date i.e., the next Council meeting, etc.
10
(c)Postpone Indefinitely.This motion is used to delay consideration of an item until
an unspecified date.
(d) Point of Order. Any Council Member may raise a point of order at any time. A
point of order means that the Council Member is asking for a ruling on whether the
rules of procedure are being followed. The point of order shall first be made to the
mayor for a ruling. The member may appeal the Mayor's ruling to the Council,which
may affirm or overrule the Mayor's ruling by a majority vote of the Council Members
present. A point of order directed to the Mayor or Council does not require a second
and is not subject to amendment.
(e) Reconsideration. A Council Member who voted in the majority may move to
reconsider an item that Council has voted on. To insure compliance with state law,the
motion and any action thereon must be made immediately after the vote on the matter.
2. Seconding a Motion. All motions must receive a second for action, except for a call for
nominations, withdrawing a motion, a request for a roll call vote, and a point of order. If a
second is made, the Mayor will state the names of the respective Council Members making
and seconding the motion. If a motion does not receive a second, it dies.
3. Discussion on the Motion. Council may discuss a pending motion only after the motion
has been moved and seconded.
1. Voting on the Motion. After discussion, the Mayor or any Council Member may call a
vote on the motion(Calling the"Previous Question").Four affirmative votes are necessary to
and resolutions must be taken by the "ayes" and "nays" of the Council Members (Charter
Section 2.08). After voting concludes the Mayor will announce the results.
PUBLIC HEARINGS
A. Staff Presentation.Before the Mayor announces the public hearing the appropriate staff
person will be called upon to make a presentation detailing the purpose of the public hearing
and provide any relevant information.
B. Opening of Public Hearing. The Mayor shall call the public hearing, announce the
at the beginning of their presentations.
C. Speakers. Any person may speak at a public hearing. The City Secretary will provide
forms for persons to register to speak prior to the meeting.If a public hearing is required due
to an application being submitted to the City,the applicant shall have an opportunity to make
a presentation at the beginning of the public hearing to present testimony related to the
applicant's request. All other persons registering to speak will be called after the applicant.
Others, who wish to speak but have not registered to speak, will be called next.
11
specified time. If the Council does limit time, a speaker may request, and the Council may
vote to grant additional specified time for that speaker.
D.Time Limit. The applicant will have a maximum of ten(10)minutes to speak in favor of
his/her request and all other speakers will have a maximum of three(3)minutes.The Mayor
or the City Council, by four affirmative votes, reserves the privilege to extend the time
E. Closing the Public Hearing. After all speakers have had an opportunity to address the
Council, the Mayor will announce the close of the public hearing.
PUBLIC COMMENTS
A. In Cencral. There will be a time designated for the City Council to hear from the public at
the beginning of City Council meetings held at City Hall on the first, third, and fourth Tuesday of
each month. Speakers may only speak on an item(s) that is on the regular, consent or workshop
agenda.The number of speakers will be limited to the first ten(10)speakers who register and appear
to speak at the meeting. The Mayor or the City Council, by four affirmative votes, reserves the
privilege to extend the number of speakers.
If an item on the Council agenda for that meeting provides for a public hearing,the person wishing
to make „ts o,, th t;tef shall e.,k .,t the time of the p„bl;c hearing
B. Speaking on Regular, Consent or Workshop Agenda Items. A request to be heard
regarding an item(s) that is on the regular, consent or workshop must be made to the office of the
City Secretary, and may be made in person, by telephone, facsimile, or email provided that the
request is received before the scheduled time of the city council session at which public speaking is
allowed.
A "request to speak"form provided by the city will contain the citizens' name, address, telephone
number, and subject agenda item(s)number that the speaker wishes to address.
Speakers will address the Council from the podium, must observe the "House Rules" Code of
Conduct adopted by Council, and may speak only upon recognition by the Mayor.
In situations where a large number of citizens representing a certain delegation wish to speak, the
group will be encouraged to appoint a spokesperson to make comments to the Council.
If a speaker asks a question during the time designated for public comment under this policy, a
speaker. Any comment or discussion by any Council Member about the subject of the inquiry shall
only be made at the time the subject is scheduled for consideration on the Council agenda.
(Government Code 551.012)
12
C. Timc Limit.Each speaker will have three minutes regardless of the number of agenda items
to be addressed. The Mayor or the City Council,by four affirmative votes,reserves the privilege to
extend the time limit.
13
RESOLUTION NO 2003-20(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE TEXAS
ADOPTING RULES OF PROCEDURE FOR THE CONDUCT OF ITS
MEETINGS AND REPEALING ALL OTHER RESOLUTIONS OR PARTS OF
RESOLUTIONS INCONSISTENT OR IN CONFLICT HEREWITH
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY WYLIE TEXAS:
Section 1. The following rules of procedure shall govern all meetings and proceedings of the City
Council of the City of Wylie and the conduct of all members and other persons in attendance at such
meetings.
Rule 1. Meetings Regular and Special
(A) The City Council shall meet in the Council chambers of the City hall on the second and
fourth Tuesdays of each month commencing at 6:00 p.m. In the event a Tuesday falls on a
holiday the meeting for that day shall be rescheduled as determined by Council. Any
meeting of Council may be recessed from hour to hour for a period of time not to exceed
24 hours by an affirmative vote of 4 or more members of Council present at such meeting
and such recessed meeting shall be held without further posted notice.
(B) Other special meetings shall be held on the call of the Mayor or of four 4 or more Council
members. The agenda for such meetings shall be established at the discretion of those
calling the meeting.
(C) Items may be added to an agenda at the request of two (2) or more Council members.
Rule 2. Chairman and Call to Order
The Mayor or in his her absence the Mayor Pro-Tem,shall preside at all meetings of the Council. If
the Mayor and the Mayor Pro-Tem are absent, any Councilmember may be appointed by the Mayor or a
majority of the Council to preside. At the hour of the meeting, the Mayor shall call the Council to order,
and the City Secretary shall record the roll.
Rule 3. Conduct of Mayor and Councilmembers
Any member of the Council, including the Mayor, who fails to observe decorous and orderly
behavior during a meeting,or who disturbs a meeting of Council with such disorderly conduct, is subject to
being expelled from such meeting upon motion passed by 2/3 vote of the Council present at the meeting.
Any member reprimanded by motion or expelled from a meeting by motion who thereafter commits
another breach of decorous and disorderly behavior during a subsequent meeting shall be subject to the
same power of Council to reprimand him/her,expel him/herfrom the meeting,or subject such member to
complaint, investigation, and conviction of official misconduct.
Rule 4. Handling of Question of Order
14
All questions of order shall be decided by the presiding officer with the right of appeal of his/her
decision by the City Council,and a majority of the Council members present may over-rule the decision of
the chair. When the chair makes a ruling on a point of order and one of the Council members states, " I
appeal the ruling of the chair," or words to such effect, no other business shall be transacted until the
question, "shall the ruling of the chair be sustained?" is voted on.The presiding officer shall immediately
put such question to vote without debate, and, if he/she fails to do so immediately, any member of the
City Council may put the question to a vote.
Rule 5. Procedure for Submitting Agenda Items
Any and all ordinances resolutions or other matters including all written data, except emergency
items, to be brought before the City Council for its consideration by the Mayor or by two (2) or more
members of the Council, shall be submitted to the City Secretary not later than 2:00 p.m. of the Monday,
the week preceding the meeting at which the same is to be considered.
Rule 6. Motion to Table
Since the Council has regularly scheduled meetings, a motion to table, when carried, does not
permanently defeat an ordinance, resolution, motion, or other measure. If such ordinance, resolution,
motion, or other measure is tabled by a majority vote of the Council, such ordinance, resolution, motion,
or other measure, if not sooner removed from the table, must be removed at the third meeting,and acted
upon, even if only to place the item on the table again.
Rule 7. Closing of Debate
If, during debate upon any ordinance, resolution, motion,or other matter before the Council,any
member moves that the subject under discussion be put to a vote without further debate (and such a
motion need not be seconded), the presiding officer shall immediately ask the Council "is there any
objection to proceeding to a vote on the ordinance, resolution, motion, or other measure before the
Council being taken immediately?" If any member objects, the presiding officer shall immediately and
without debate put the question"shall the subject being discussed be put to a vote, without debate?"to a
vote of the Council, and if a majority of the Council members present vote in favor of ordering the vote,
debate on the question shall be closed and a vote on the ordinance, resolution, motion or other measure
taken immediately.
Rule 8. Reducing Motion to Writing
All oral motions must be seconded before being put to vote by the chair(except where otherwise
provided in these rules), and upon request of any other member of the Council, or Mayor, the party
making any such oral motion (except a motion to order a vote on a subject being considered per rule 10 or
to table,or other such procedural matter)shall reduce the same to writing,or request the City Secretary to
do the same. If a motion be made by any member of the Council in writing and filed with the presiding
office, it shall still require a second.
Rule 9. Citizens Right to be Heard
15
Any citizen shall have a reasonable opportunity to be heard at any and all regular meetings of the
City Council in regard to any and all matters to be considered at any such meeting,or such other matters as
citizens may wish to bring to Council's attention; provided, however,any matter not posted on the agenda
may not be discussed by Council, nor shall any action be taken by Council, except to indicate that the
matter may be placed on a later agenda. A time shall be set aside during each Council meeting for the
Council to hear from the public such designated time not to exceed three(3) minutes per person,or six(6)
minutes if the individual represents a group. The Mayor shall retain the discretion to further limit or
increase this time for public comments on agenda items. Citizen comments on agenda items will be heard
during the discussion of those agenda items. Citizen comments pertaining to non-agenda items will be
heard during the Citizen Participation portion of the meeting. Any written information brought bya citizen
pertaining to agenda items or other issues must be presented to the City Secretary's Office by the Monday
the week preceding the Council Meeting so that staff and council may review the materials. Citizens
attending any regularly scheduled meeting may speak before Council by completing a form and presenting
it to the City Secretary prior to the beginning of such meeting. Citizens may also request to be placed on
the agenda to appear before Council by making a request to the City Secretary prior to any regularly
scheduled meeting. Such request must be received by the City not later than two o'clock(2:00) p.m. on
the Monday preceding the next scheduled Council meeting. In addition, citizens may request a Council
member to place an item on the agenda.
It is the Council's goal that citizens resolve their complaints for service or regarding employees
performance at the staff level. However, it is recognized that citizens may from time to time believe it is
necessary to speak to Council on matters of concern.
In view of that, Council expects any citizen to speak in a civil manner, with due respect for the
decorum of the meeting and with due respect for all persons attending. Any citizen requesting to speak
shall limit him or herself to matters of fact regarding the issue of concern. Personal attacks made publicly
toward any citizen or city employee are not allowed. Citizens are encouraged to bring their complaints
regarding employee performance through the supervisory chain of command in accordance with the City's
Personnel Policies. Complaints regarding an employee's performance of duty will not be heard unless it
has first been submitted in writing, a written response has been received within a reasonable period of
time, and the citizen is still not satisfied with the response. Complaints regarding any matter pending
before federal,state,county or municipal court as a result of an enforcement action by a city employee or
in a civil suit will not be heard.
No member of the public shall be heard until recognized by the presiding officer. Any member of
the public interrupting City Council proceedings, approaching the dais without permission, otherwise
creating a disturbance, or failing to abide by these rules of procedure in addressing City Council, shall be
deemed guilty of disrupting a meeting (section 42.5, Penal Code, Class B Misdemeanor) and at the
direction of the presiding officer, shall be removed from Council Chambers by the sergeant-at-arms or
other agent designated by City Council. Any citizen shall be entitled to visit City Hall, during regular
business hours,and inspect all past Council meeting minutes, City audits,and the agenda to be considered
by the Council in advance of the meeting and inform himself or herself as to the matters to be considered.
Rule 10. Suspension of Rules of Procedure
16
Anyone or all of these rules of procedure may be suspended in order to allow a particular
consideration of a matter, provided that it does not violate the state law or home rule charter, and
provided that not less than two-thirds Council members vote in favor of such suspension.Where any rule
embodies a provision of state law, identically or in substance, such rule may not be suspended.
Rule 11. Rules of Procedure
Except where in conflict with any state law, City charter, City ordinance or the rules of procedure
adopted by this resolution,the rules of procedure laid down in Robert's Rules of Order, 10th Edition,shall
govern the proceedings of the City Council.
Section 2. City of Wylie, Collin/Dallas/Rockwall Counties,Texas,all other resolutions or parts of
resolutions inconsistent or in conflict herewith are,to the extent of such inconsistency or conflict, hereby
repealed.
PASSED,APPROVED,AND RESOLVED by the City Council of the City of Wylie,Texas on this the 11th
day of November 2003.
17
[CONTENT OF THE REGULATIONS SHOWN IN ITALICS NEED ADDITIONAL RE VIE WBY CITY
ATTORNEY FOR COMPLIANCE WITH STATE LAW]
DIVISION 1. STATEMENT OF PURPOSE AND PRINCIPLES
Sec. 2 71. General statement.
Sec. 2 72. Ethical values.
Scc. 2 73. Purpose and effect.
Secs. 2 71, 2 75. Reserved.
Sec. 2 71. - General statement.
It is the policy of the city council of the City of Wylie to hold its members and the city's other appointed
officials to the highest standards of ethical conduct. The city council believes that it has a responsibility to
make every reasonable effort to assure the citizens of Wylie that their elected and appointed officials will
always place the public's interest above their own. To that end, the city council has concluded that current
state laws regulating the conduct of local public officials should be supplemented by adopting additional
regulations for the city's elected and appointed officials and that city staff should be directed to provide, at
least once a calendar year, educational programs to the city's elected and appointed officials on their legal
and ethical obligations under state and local law, including,particularly, their obligation to avoid conflicts
of interest. (Ord. No. 1538, §1, 12 20 05; Ord. No. 1577, §19, 8 1 2006)
Scc. 2 76.[definition section moved here]
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.
Review panel means the body charged with reviewing and acting on complaints and requests for declaratory
relief filed under this article. (Ord. No. 1538, §1, 12 20 05; Ord. No. 1577, §19, 8 1 2006)
Scc. 2 77. - Covered officials.
The rules of ethical conduct contained in this Division 2[insert correct reference]apply generally to city
officials and in certain defined circumstances to candidates for city council and former city officials. (Ord.
No. 1538, §1, 12 20 05; Ord. No. 1577, §19, 8 1 2006)
Scc. 2 72. -Ethical values.
It is the official policy of the city that:
(1) City officials shall be independent, impartial, and responsible to the citizens of the city;
(2) 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.
(3) The principles of personal conduct and ethical behavior that should guide the behavior of city officials
include:
18
a. A commitment to the public welfare;
b. Respect for the value and dignity of all individuals;
c. Accountability to the citizens of the city;
d. Truthfulness; and
e. Fairness.
(4) Under such principles of conduct and ethical behavior, city officials should:
a. Conduct themselves with integrity and in a manner that merits the trust and support of the public;
b. Be responsible stewards of the taxpayers'resources; and
c. Take no official actions that would result in personal benefit in conflict with the best interests of
the city.
(5) To implement the purpose and principles set out in this division 1 [add correct reference], 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. (Ord. No. 1538, §1, 12 20 05; Ord. No. 1577, §19, 8 1 2006)
Sec. 2 73. -Purpose and effect.
The statements of purpose and principles contained in this division 1 [add correct referenceJ, are for
guidance only. They are not intended to create binding obligations, to serve as a basis for disciplinary
action, or to create any private cause of action. The rules of ethical conduct contained in division 2[add
correct referenceJ, 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. (Ord.No. 1538,§1, 12 20 05; Ord.No. 1577,§19,
8 1 2006)
Sccs. 2 71, 2 75. Reserved
Scc. 2 76. Definitions.
Sec. 2 77. Covered officials.
Sec. 2 78. Conflicts of interest, generally.
Scc. 2 79. Council member prohibited from doing business with the city.
Scc. 2 80. Disclosure of certain gifts to city officials.
Sec. 2 81. Appearance on behalf of private interests of others.
Sec. 2 82. Misuse and disclosure of confidential information.
Scc. 2 83. Restrictions on political activity and political contributions.
Scc. 2 81. Regulations applicable to former city officials.
Sec. 2 85. Officials required to comply with both state and local law.
Sec. 2 86. City attorney's opinions.
Scc. 2 87. Education.
Sccs. 2 88 2 92. Reserved
[MM Note—Charter Reference is Section 11 Conflict of Interest and Abstention]
Sec. 2-78. - Conflicts of interest,generally.
(a)A city official shall abstain from participation in discussion of and any vote on a matter, and shall file an
affidavit stating the nature and extent of his or her interest in a matter, if action on the matter by the body
on which the city official serves will have a special economic effect that is distinguishable from its effect on
the public on any of the following:
(1) The city official;
(2) The city official's outside employer or client;
(3) The city official's spouse,parent, or child; or
(4)A public or private business entity for which the city official, or his or her spouse,parent, or
child serves as a director, general partner, or officer, or in any other policy making position.
19
(b)A city official shall abstain from participation in, discussion of and any vote on a matter involving a
person if, within the 12 months preceding the date of the vote, the city official has filed a conflicts disclosure
statement under Chapter 176 of the Local Government Code relating to that person.
(c)A city official shall abstain from participation in, discussion of and any vote on a matter involving a
business entity if
(1) The city official has a substantial interest in another business entity that has had one or more
business transactions with the business entity involved in the matter to be voted on;
(2) The business transaction or transactions occurred within the 12 months immediately preceding
the date of the matter to be voted on; and
(3) The business transaction or transactions resulted in a payment or payments totaling more than
$10,000.00.A city official required to abstain from voting under the preceding paragraph (c)must
file an affidavit stating the nature and extent of the interest in the business entity. For purposes of
the preceding paragraph (c), a "business entity"and "substantial interest in business entity"have
the meanings respectively provided for in V.T.C.A., Government Code, § 171.001(2) and §
171.002(a), as amended.
(d)Affidavits of conflict of interest filed pursuant to the requirements of this section or state law shall be
filed with the city secretary before any vote on the matter and as soon as possible after the city official
becomes aware of the need to file the affidavit.
(e)A city official who is required to abstain from participation in a matter under this section or under state
law shall leave the room where the meeting is held during any discussion of and vote on, the matter.
(I) The abstention of a city official, pursuant to the requirements of this section or state law, shall be
recorded in the minutes or audio recording of the meeting of the respective body on which he or she serves.
(Ord. No. 1538, §1, 12 20 05; Ord. No. 1577, §19, 8 1 2006)
Sec. 2 79. - Council member prohibited from doing business with the city.
[MM Note—Charter Reference is Section 5 Personal Financial Interest]
(a)Except as provided below, no council member shall have a financial interest in any significant contract
or transaction involving the sale or lease of goods, real estate, or services, or the lending of credit, to the
city.
(b)For the purposes of this section, the ownership by a council member or his or her spouse,parent or child
of the stock or instruments of debt of a publicly traded company does not give the council member a
financial interest in any contracts or transactions that company has with the city,provided that the value of
the interest held is less than five percent of the value of the company.
(c)For the purpose of this section, a contract or transaction is significant only if the total payments made by
the city pursuant to the contract or transaction exceed$1,000.00 in the aggregate.
(d) This section does not apply to the city's acquisition by eminent domain proceedings of an interest in land
owned by a council member. (Ord. No. 1538, §1, 12-20-05; Ord. No. 1577, §19, 8-1-2006)
Scc. 2 80. -Disclosure of certain gifts to city officials.
(a)Except as provided below, a city official who receives as a guest, a gift of food, lodging, transportation,
or entertainment that reasonably appears to exceed$500.00 in value shall file with the city secretary within
30 calendar days after receiving the gift a written disclosure statement containing the following
information:
(1)A description of the gift of food, lodging, transportation, or entertainment that was received;
(2) The date or dates on which the gift was received;
(3) The name of the host who paid for, or provided, the gift; and
(4)A statement that the aggregate value of the gift is believed to exceed the sum of$500.00.
(b) The requirements of(a), above, do not apply to a gift or other benefit conferred on account of kinship or
20
a personal,professional, or business relationship independent of the status of the recipient as a city official.
(c) This section does not apply to any gift that is required to be and is reported under any other state law,
including a required election campaign filing. (Ord. No. 1538, § 1, 12 20 05; Ord. No. 1577, § 19, 8 1
Sec. 2 81. -Appearance on behalf of private interests of others.
(a)A member of the city council shall not appear before the city council or any administrative board or
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 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.
(b)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 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. (Ord.No. 1538, §1, 12 20 05; Ord.
No. 1577, §19, 8 1 2006)
Scc. 2 82. -Misuse and disclosure of confidential information.
(a)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.
(b) A city official shall not disclose to the public any information that is deemed confidential under any
federal, state, local law, or council rules. (Ord. No. 1538, §1, 12-20-05; Ord. No. 1577, §19, 8-1-2006)
Scc. 2 83. -Restrictions on political activity and political contributions.
(a)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 unless part of an approved city
council activity.[MM Note—this conflicts with Personnel Policy: "Under no circumstance will any City
employee be allowed to campaign for any candidate, even himself, during normal working hours or at
any City of Wylie place of work, whether they are on or off duty at the time. Nor will any employee be
allowed to represent themselves using their City employment,title, uniform or authority as supporting any
candidate for political office.'7
(b)No city official shall, directly or indirectly, coerce or attempt to coerce any city employee to:
(1)Participate in an election campaign, contribute to a candidate or political committee, or engage
in any other political activity relating to a particular party, candidate, or issue; or
(2)Refrain from engaging in any lawful political activity.
(c) The following actions by city officials are not prohibited by this section:
(1) The making of a general statement encouraging another person to vote in an election;
(2)A solicitation of contributions or other support that is directed to the general public or to an
association or organization; and
(3) The acceptance of a campaign contribution from a city employee.
(d)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. (Ord.No. 1538, §1, 12 20 05; Ord.No. 1577,§
19, 8 1 2006) [MM Note — need to check state laws regarding campaigning on city property during
elections]
21
Sec. 2-84. -Regulations applicable to former city officials.
(a)A former member of city council shall not use or disclose confidential government information acquired
during the member's service on the city council. A former member of city council is not prohibited from
disclosing information if
(1) The information is no longer confidential;
(2) The information involves reports of illegal or unethical conduct and is disclosed to a law
enforcement agency; or
(3) The disclosure is necessary to further public safety and is not otherwise prohibited by law.
(b)No former member of city council shall have a financial interest in a significant contract with the city,
within the meaning of section 2-79 of this article within 13 months following the expiration of the former
member's most recent term of office. (Ord. No. 1538, §1, 12 20 05; Ord. No. 1577, §19, 8 1 2006)
Scc. 2 85. - 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. (Ord. No.
1538, §1, 12 20 05; Ord. No. 1577, §19, 8 1 2006)
Sec. 2 86. - City attorney's opinions.
The city attorney is authorized and directed to issue to any city official [MM question-do we want board
and commission members to be able to request a formal opinion from the city attorney?], upon
reasonable request, formal written opinions regarding the applicability of the provisions of this article or
Texas law to an action the city official, a former city official, or a candidate for city council is considering
taking in the future. (Ord. No. 1538, § 1, 12 20 05; Ord. No. 1577, § 19, 8 1 2006)
Sec. 2 87. - 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 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 brochures and other written materials on the subject to each city official at
the time of his or her election or appointment to office.(Ord.No. 1538, § 1, 12 20 05; Ord.No. 1577, § 19,
8 1 2006)
Secs. 2 88 2 92. Reserved.
22
PURPOSE OF POLICY
To establish the responsibilities,guidelines,code of conduct and protocols for the Mayor,City Council and
City Manager and to adopt Rules of Procedure for City Council Meetings.
SCOPE OF POLICY
1. RESPONSIBILITIES,GUIDELINES,CODE OF CONDUCT AND PROTOCOLS FOR THE
MAYOR, CITY COUNCIL AND CITY MANAGER AND RULES OF PROCEDURE FOR
COUNCIL MEETINGS.
A. MAYOR-CITY COUNCIL RESPONSIBILITIES
• Focus the Vision for Wylie's Future
• Define the preferred future of Wylie
• Anticipate opportunities
• Identify and develop partnerships
• Leverage City resources to realize the vision
• Continually review, test and update the vision
• Develop Outcome-Based Goals that Realize the Vision
• Use the vision to determine goals
• Have realistic and forward-thinking goals
• Define measures of success and measure outcomes
• Annually update goals
• Identify and prioritize actions and delegate to City Manager
• Anticipate Critical Issues,Work through the Issues
• Bring up critical and tough issues
• Use boards and commissions to address issues and provide recommendations
• Use work sessions to address issues, to negotiate and to build consensus
• Inform and engage the community
• Develop sense of confidence in the City's ability to handle the issue
• Make Policy Decisions and Provide Clear Direction Based on what is Best for the City of
Wylie
• Come prepared to meetings
• Balance input with "best for city"
• Come to timely closure
• Have clear closure, direction and expectations
• Support for policies and decisions
•Work with the Community to set Direction and Address Citizen Preferences and Concerns
• Appropriately involve residents and businesses in governance
• Seek and use input from others
• Develop a positive working relationship and partnership
• Treat others with trust and respect
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• Help the community to understand City decisions,programs and services
• Provide Positive Community Leadership
• Have an active presence in the community
• Actively participate in the community
• Listen to the ideas, concerns and desires of others
• Take time to explain decisions and actions
• Develop the next generation of community and civic leaders
• Create a positive atmosphere and motivate community
• Provide Proactive Regional and Intergovernmental Leadership
• Be an advocate for Wylie
• Actively participate in organizations
• Develop and maintain relationships
• Bring issues and opportunities to the table
• Obtain resources for Wylie and a fair share back to citizens
• Work with Collin, Rockwall, and Dallas Counties and other government entities
• Develop City Partners
• Help others to understand issues, actions and the City
• Develop positive working relationships
• Share resources for greater return to the community
• Mobilize others to help realize the vision and achieve goals
• Employ and Appoint Staff per the Charter
• Hire the right staff for Wylie
• Provide resources to get the job done
• Set the tone for the City guided by the core beliefs
• Delegate through clear expectations and directions
• Produce Results
• Monitor performance
• Have knowledge about key issues and current status of actions
• Learn and look for ways to improve
• Celebrate successes
• Recognize others who have contributed to the success
B. MAYOR AND CITY COUNCIL GUIDELINES
1. The Council is the "Board of Directors"for the City
2. The Council represents the "Stockholders"—our citizens and stakeholders
3. The Council should follow the adopted protocols
4. The Council sets the "tone for city government"by how its business is conducted
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5. The Council should provide a clear charge and direction to Boards and Commissions —its
partners in governance
6. The Council sets the "authority" of the City Manager, both in word and in daily actions
(avoiding managing or micromanaging)
7. The Council uses Council sub-committees to address issues and develop options as needed
8. The Council uses work sessions to discuss issues in depth, to focus direction for the city
manager and staff, and to refine draft reports and recommendations
9. The Council is responsible for realizing the vision, achieving the goals, and producing
results that add value to the community
C. MAYOR EXPECTATIONS
• Serve as the Chief Spokesperson for the City on Council positions and policies,leadership
on adopted vision and goals
• Serve as the highest point of contact for economic development initiatives
• Serve as the Ambassador for City and Wylie Community
• Serve as Ceremonial Leader(shared with individual Council Members)
• Chair the Council Meetings
• Facilitate relationship with Council Members and City Manager
• Follow the roles and responsibilities as outlined in the City Emergency Management Plan
and other responsibilities as provided by state law
• Represent the City to other local governmental entities
• If the Mayor is unavailable, the Mayor is to ask the Mayor Pro Tem to represent the City
• If the Mayor Pro Tem is unavailable, the Mayor is to ask an individual Council member of
his /her choice to fill in
• Keep Council informed on issues and actions of the other bodies
D. MAYOR PRO TEM EXPECTATIONS
• Stand in and fulfill the role of the Mayor in his absence or at his request
• Stay informed and receive training as necessary to fulfill the role effectively
E. CITY COUNCIL MEMBERS EXPECTATIONS
• Attend and participate in Council meetings and Council Committee meetings
• Represent the Mayor as a ceremonial representative of the City at his request
• Be responsible for"what is best"for the entire city
• Serve as Ambassadors for the City and Wylie Community
F. COUNCIL MEMBERS SERVING AS CITY REPRESENTATIVE TO OUTSIDE
ORGANIZATIONS EXPECTATIONS
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• Represent the City and the Council vision, goals, and direction
• Vote for the City of Wylie
• Keep Council informed on issues and actions of the other bodies
• Bring issues to Council for discussion and direction
G. CI TY M NACER RESPONSIBILITIES—[Note: This section removed in its entirety because
the subject matter is covered in other documents]
H. CITY MANACER CUIDELINES [Note: This section removed in its entirety because the
subject matter is covered in other documents]
I. OUR "HOUSE"RULES—CODE OF CONDUCT
1. Speak what you believe to be true
2. Treat others with respect and courtesy
3. Resolve conflicts among ourselves; do not criticize other council members or staff in public
4. Choose your words wisely; it is "how"you say it
5. Have an open mind for everyone; listen to other ideas, opinions and recommendations
6. Have civil and professional dialogue
7. Be a positive representative of the city
8. Consistent attendance at all Council meetings and Council Sub Committee meetings; come
prepared and ready to discuss issues
9. Be punctual; start on time
10. Keep each other informed; share information among all
11. Avoid personal issue or bias
12. Define problems and issues first and then focus on solutions
13. Keep executive sessions confidential
14. Honor roles, responsibilities and protocols
15. Provide clear direction to staff
J. COUNCIL PROTOCOL
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Protocol 1: Simple information
Go to the designated Staff Liaison to City Council
Protocol 2: Research on a topic
Go to the City Manager and/or designated Staff Liaison to City Council
If research is for a new topic or will require a significant amount of time to research,the
item will be brought to City Council for direction.
Protocol 3: Agenda Question
If information is relevant to the council meeting discussion, the information will be
shared with all members of City Council
Protocol 4: Employee Contact
Employee-Initiated
• Refer employee to the City Manager's office
• Council Member should contact the City Manager
Council-Initiated
• Avoid employee management and policy discussions
• Questions and comments may be seen as an order
Protocol 5: Ethics Complaints against the City Manager
• Talk to the City Manager first
• If there is an ethics complaint against the City Manager it should be directed to
the Mayor
Protocol 6: Cell Phone Use
• Turn off or put on vibrate during meetings
• Do not text message during meetings unless it is an emergency
• Step out of the meeting to use cell phone
Protocol 7: Use of City Letterhead and Logo
• The City's name,letterhead and logo are not to be used for non-City business
or purposes.
• Do 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.
5
RULES OF PROCEDURE FOR COUNCIL MEETINCS [Note: This section deleted in its entirety
and City of Wylie Resolution 2003-20 —Rules of Procedure Inserted]
RESOLUTION NO 2003-20(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE TEXAS
ADOPTING RULES OF PROCEDURE FOR THE CONDUCT OF ITS
MEETINGS AND REPEALING ALL OTHER RESOLUTIONS OR PARTS OF
RESOLUTIONS INCONSISTENT OR IN CONFLICT HEREWITH
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY WYLIE TEXAS:
Section 1. The following rules of procedure shall govern all meetings and proceedings of the City
Council of the City of Wylie and the conduct of all members and other persons in attendance at such
meetings.
Rule 1. Meetings Regular and Special
(A) The City Council shall meet in the Council chambers of the City hall on the second and
fourth Tuesdays of each month commencing at 6:00 p.m. In the event a Tuesday falls on a
holiday the meeting for that day shall be rescheduled as determined by Council. Any
meeting of Council may be recessed from hour to hour for a period of time not to exceed
24 hours by an affirmative vote of 4 or more members of Council present at such meeting
and such recessed meeting shall be held without further posted notice.
(B) Other special meetings shall be held on the call of the Mayor or of four 4 or more Council
members. The agenda for such meetings shall be established at the discretion of those
calling the meeting.
(C) Items may be added to an agenda at the request of two (2) or more Council members.
Rule 2. Chairman and Call to Order
The Mayor or in his her absence the Mayor Pro-Tem,shall preside at all meetings of the Council. If
the Mayor and the Mayor Pro-Tem are absent, any Councilmember may be appointed by the Mayor or a
majority of the Council to preside. At the hour of the meeting, the Mayor shall call the Council to order,
and the City Secretary shall record the roll.
Rule 3. Conduct of Mayor and Councilmembers
Any member of the Council, including the Mayor, who fails to observe decorous and orderly
behavior during a meeting,or who disturbs a meeting of Council with such disorderly conduct, is subject to
being expelled from such meeting upon motion passed by 2/3 vote of the Council present at the meeting.
Any member reprimanded by motion or expelled from a meeting by motion who thereafter commits
another breach of decorous and disorderly behavior during a subsequent meeting shall be subject to the
6
same power of Council to reprimand him/her,expel him/herfrom the meeting,or subject such member to
complaint, investigation, and conviction of official misconduct.
Rule 4. Handling of Question of Order
All questions of order shall be decided by the presiding officer with the right of appeal of his/her
decision by the City Council,and a majority of the Council members present may over-rule the decision of
the chair. When the chair makes a ruling on a point of order and one of the Council members states, " I
appeal the ruling of the chair," or words to such effect, no other business shall be transacted until the
question, "shall the ruling of the chair be sustained?" is voted on.The presiding officer shall immediately
put such question to vote without debate, and, if he/she fails to do so immediately, any member of the
City Council may put the question to a vote.
Rule 5. Procedure for Submitting Agenda Items
Any and all ordinances resolutions or other matters including all written data, except emergency
items, to be brought before the City Council for its consideration by the Mayor or by two (2) or more
members of the Council, shall be submitted to the City Secretary not later than 2:00 p.m. of the Monday,
the week preceding the meeting at which the same is to be considered.
Rule 6. Motion to Table
Since the Council has regularly scheduled meetings, a motion to table, when carried, does not
permanently defeat an ordinance, resolution, motion, or other measure. If such ordinance, resolution,
motion, or other measure is tabled by a majority vote of the Council, such ordinance, resolution, motion,
or other measure, if not sooner removed from the table, must be removed at the third meeting,and acted
upon, even if only to place the item on the table again.
Rule 7. Closing of Debate
If, during debate upon any ordinance, resolution, motion,or other matter before the Council,any
member moves that the subject under discussion be put to a vote without further debate (and such a
motion need not be seconded), the presiding officer shall immediately ask the Council "is there any
objection to proceeding to a vote on the ordinance, resolution, motion, or other measure before the
Council being taken immediately?" If any member objects, the presiding officer shall immediately and
without debate put the question"shall the subject being discussed be put to a vote, without debate?"to a
vote of the Council, and if a majority of the Council members present vote in favor of ordering the vote,
debate on the question shall be closed and a vote on the ordinance, resolution, motion or other measure
taken immediately.
Rule 8. Reducing Motion to Writing
All oral motions must be seconded before being put to vote by the chair(except where otherwise
provided in these rules), and upon request of any other member of the Council, or Mayor, the party
making any such oral motion (except a motion to order a vote on a subject being considered per rule 10 or
7
to table,or other such procedural matter)shall reduce the same to writing,or request the City Secretary to
do the same. If a motion be made by any member of the Council in writing and filed with the presiding
office, it shall still require a second.
Rule 9. Citizens Right to be Heard
Any citizen shall have a reasonable opportunity to be heard at any and all regular meetings of the
City Council in regard to any and all matters to be considered at any such meeting,or such other matters as
citizens may wish to bring to Council's attention; provided, however,any matter not posted on the agenda
may not be discussed by Council, nor shall any action be taken by Council, except to indicate that the
matter may be placed on a later agenda. A time shall be set aside during each Council meeting for the
Council to hear from the public such designated time not to exceed three(3) minutes per person,or six(6)
minutes if the individual represents a group. The Mayor shall retain the discretion to further limit or
increase this time for public comments on agenda items. Citizen comments on agenda items will be heard
during the discussion of those agenda items. Citizen comments pertaining to non-agenda items will be
heard during the Citizen Participation portion of the meeting. Any written information brought bya citizen
pertaining to agenda items or other issues must be presented to the City Secretary's Office by the Monday
the week preceding the Council Meeting so that staff and council may review the materials. Citizens
attending any regularly scheduled meeting may speak before Council by completing a form and presenting
it to the City Secretary prior to the beginning of such meeting. Citizens may also request to be placed on
the agenda to appear before Council by making a request to the City Secretary prior to any regularly
scheduled meeting. Such request must be received by the City not later than two o'clock(2:00) p.m. on
the Monday preceding the next scheduled Council meeting. In addition, citizens may request a Council
member to place an item on the agenda.
It is the Council's goal that citizens resolve their complaints for service or regarding employees
performance at the staff level. However, it is recognized that citizens may from time to time believe it is
necessary to speak to Council on matters of concern.
In view of that, Council expects any citizen to speak in a civil manner, with due respect for the
decorum of the meeting and with due respect for all persons attending. Any citizen requesting to speak
shall limit him or herself to matters of fact regarding the issue of concern. Personal attacks made publicly
toward any citizen or city employee are not allowed. Citizens are encouraged to bring their complaints
regarding employee performance through the supervisory chain of command in accordance with the City's
Personnel Policies. Complaints regarding an employee's performance of duty will not be heard unless it
has first been submitted in writing, a written response has been received within a reasonable period of
time, and the citizen is still not satisfied with the response. Complaints regarding any matter pending
before federal,state,county or municipal court as a result of an enforcement action by a city employee or
in a civil suit will not be heard.
No member of the public shall be heard until recognized by the presiding officer. Any member of
the public interrupting City Council proceedings, approaching the dais without permission, otherwise
creating a disturbance, or failing to abide by these rules of procedure in addressing City Council, shall be
deemed guilty of disrupting a meeting (section 42.5, Penal Code, Class B Misdemeanor) and at the
direction of the presiding officer, shall be removed from Council Chambers by the sergeant-at-arms or
8
other agent designated by City Council. Any citizen shall be entitled to visit City Hall, during regular
business hours,and inspect all past Council meeting minutes, City audits,and the agenda to be considered
by the Council in advance of the meeting and inform himself or herself as to the matters to be considered.
Rule 10. Suspension of Rules of Procedure
Anyone or all of these rules of procedure may be suspended in order to allow a particular
consideration of a matter, provided that it does not violate the state law or home rule charter, and
provided that not less than two-thirds Council members vote in favor of such suspension. Where any rule
embodies a provision of state law, identically or in substance, such rule may not be suspended.
Rule 11. Rules of Procedure
Except where in conflict with any state law, City charter, City ordinance or the rules of procedure
adopted by this resolution,the rules of procedure laid down in Robert's Rules of Order, 10th Edition,shall
govern the proceedings of the City Council.
Section 2. City of Wylie, Collin/Dallas/Rockwall Counties,Texas,all other resolutions or parts of
resolutions inconsistent or in conflict herewith are,to the extent of such inconsistency or conflict, hereby
repealed.
PASSED,APPROVED,AND RESOLVED by the City Council of the City of Wylie,Texas on this the 11th
day of November 2003.
9
[CONTENT OF THE REGULATIONS SHOWN IN ITALICS NEED ADDITIONAL RE VIE WBY CITY
ATTORNEY FOR COMPLIANCE WITH STATE LAW]
STATEMENT OF PURPOSE AND PRINCIPLES
General statement.
It is the policy of the city council of the City of Wylie to hold its members and the city's other appointed
officials to the highest standards of ethical conduct. The city council believes that it has a responsibility to
make every reasonable effort to assure the citizens of Wylie that their elected and appointed officials will
always place the public's interest above their own. To that end, the city council has concluded that current
state laws regulating the conduct of local public officials should be supplemented by adopting additional
regulations for the city's elected and appointed officials and that city staff should be directed to provide, at
least once a calendar year, educational programs to the city's elected and appointed officials on their legal
and ethical obligations under state and local law, including,particularly, their obligation to avoid conflicts
of interest.
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.
Review panel means the body charged with reviewing and acting on complaints and requests for declaratory
relief filed under this article.
Covered officials.
The rules of ethical conduct contained in this Division 2[insert correct reference]apply generally to city
officials.
Ethical values.
It is the official policy of the city that:
(1) City officials shall be independent, impartial, and responsible to the citizens of the city;
(2) 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.
(3) The principles of personal conduct and ethical behavior that should guide the behavior of city officials
include:
a. A commitment to the public welfare;
b. Respect for the value and dignity of all individuals;
c. Accountability to the citizens of the city;
d. Truthfulness; and
10
e. Fairness.
(4) Under such principles of conduct and ethical behavior, city officials should:
a. Conduct themselves with integrity and in a manner that merits the trust and support of the public;
b. Be responsible stewards of the taxpayers'resources; and
c. Take no official actions that would result in personal benefit in conflict with the best interests of
the city.
(5) To implement the purpose and principles set out in this division 1 [add correct reference], 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.
Purpose and effect.
The statements of purpose and principles contained in this division 1 [add correct referenceJ, are for
guidance only. They are not intended to create binding obligations, to serve as a basis for disciplinary
action, or to create any private cause of action. The rules of ethical conduct contained in division 2[add
correct referenceJ, 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.
[Note—Charter Reference is Section 11 Conflict of Interest and Abstention]
Conflicts of interest,generally.
(a)A city official shall abstain from participation in discussion of and any vote on a matter, and shall file an
affidavit stating the nature and extent of his or her interest in a matter, if action on the matter by the body
on which the city official serves will have a special economic effect that is distinguishable from its effect on
the public on any of the following:
(1) The city official;
(2) The city official's outside employer or client;
(3) The city official's spouse,parent, or child; or
(4)A public or private business entity for which the city official, or his or her spouse,parent, or
child serves as a director, general partner, or officer, or in any other policy making position.
(b)A city official shall abstain from participation in, discussion of and any vote on a matter involving a
person if, within the 12 months preceding the date of the vote, the city official has filed a conflicts disclosure
statement under Chapter 176 of the Local Government Code relating to that person.
(c)A city official shall abstain from participation in, discussion of and any vote on a matter involving a
business entity if
(1) The city official has a substantial interest in another business entity that has had one or more
business transactions with the business entity involved in the matter to be voted on;
(2) The business transaction or transactions occurred within the 12 months immediately preceding
the date of the matter to be voted on; and
(3) The business transaction or transactions resulted in a payment or payments totaling more than
$10,000.00.A city official required to abstain from voting under the preceding paragraph (c)must
file an affidavit stating the nature and extent of the interest in the business entity. For purposes of
the preceding paragraph (c), a "business entity"and "substantial interest in business entity"have
the meanings respectively provided for in V.T.C.A., Government Code, § 171.001(2) and §
171.002(a), as amended.
(d)Affidavits of conflict of interest filed pursuant to the requirements of this section or state law shall be
filed with the city secretary before any vote on the matter and as soon as possible after the city official
becomes aware of the need to file the affidavit.
11
(e)A city official who is required to abstain from participation in a matter under this section or under state
law shall leave the room where the meeting is held during any discussion of and vote on, the matter.
(I) The abstention of a city official, pursuant to the requirements of this section or state law, shall be
recorded in the minutes or audio recording of the meeting of the respective body on which he or she serves.
Council member prohibited from doing business with the city.
[Note—Charter Reference is Section 5 Personal Financial Interest]
(a)Except as provided below, no council member shall have a financial interest in any significant contract
or transaction involving the sale or lease of goods, real estate, or services, or the lending of credit, to the
city.
(b)For the purposes of this section, the ownership by a council member or his or her spouse,parent or child
of the stock or instruments of debt of a publicly traded company does not give the council member a
financial interest in any contracts or transactions that company has with the city,provided that the value of
the interest held is less than five percent of the value of the company.
(c)For the purpose of this section, a contract or transaction is significant only if the total payments made by
the city pursuant to the contract or transaction exceed$1,000.00 in the aggregate.
(d) This section does not apply to the city's acquisition by eminent domain proceedings of an interest in land
owned by a council member.
Disclosure of certain gifts to city officials.
(a)Except as provided below, a city official who receives as a guest, a gift of food, lodging, transportation,
or entertainment that reasonably appears to exceed$500.00 in value shall file with the city secretary within
30 calendar days after receiving the gift a written disclosure statement containing the following
information:
(1)A description of the gift of food, lodging, transportation, or entertainment that was received;
(2) The date or dates on which the gift was received;
(3) The name of the host who paid for, or provided, the gift; and
(4)A statement that the aggregate value of the gift is believed to exceed the sum of$500.00.
(b) The requirements of(a), above, do not apply to a gift or other benefit conferred on account of kinship or
a personal,professional, or business relationship independent of the status of the recipient as a city official.
(c) This section does not apply to any gift that is required to be and is reported under any other state law,
including a required election campaign filing.
Appearance on behalf of private interests of others.
(a)A member of the city council shall not appear before the city council or any administrative board or
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 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.
(b)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 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.
Misuse and disclosure of confidential information.
(a)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.
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(b) A city official shall not disclose to the public any information that is deemed confidential under any
federal, state, local law, or council rules.
Restrictions on political activity and political contributions.
(a)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 unless part of an approved city
council activity. [Note — this conflicts with Personnel Policy: "Under no circumstance will any City
employee be allowed to campaign for any candidate, even himself, during normal working hours or at
any City of Wylie place of work, whether they are on or off duty at the time. Nor will any employee be
allowed to represent themselves using their City employment,title, uniform or authority as supporting any
candidate for political office.'7
(b)No city official shall, directly or indirectly, coerce or attempt to coerce any city employee to:
(1)Participate in an election campaign, contribute to a candidate or political committee, or engage
in any other political activity relating to a particular party, candidate, or issue; or
(2)Refrain from engaging in any lawful political activity.
(c) The following actions by city officials are not prohibited by this section:
(1) The making of a general statement encouraging another person to vote in an election;
(2)A solicitation of contributions or other support that is directed to the general public or to an
association or organization; and
(3) The acceptance of a campaign contribution from a city employee.
(d)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. [Note—need to check state laws regarding
campaigning on city property during elections]
Regulations applicable to former city officials.
(a)A former member of city council shall not use or disclose confidential government information acquired
during the member's service on the city council. A former member of city council is not prohibited from
disclosing information if
(1) The information is no longer confidential;
(2) The information involves reports of illegal or unethical conduct and is disclosed to a law
enforcement agency; or
(3) The disclosure is necessary to further public safety and is not otherwise prohibited by law.
(b)No former member of city council shall have a financial interest in a significant contract with the city,
within the meaning of section 2-79 of this article within 13 months following the expiration of the former
member's most recent term of office.
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.
City attorney's opinions.
The city attorney is authorized and directed to issue to any city official upon reasonable request, formal
written opinions regarding the applicability of the provisions of this article or Texas law to an action the city
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official, is considering taking in the future.
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 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 brochures and other written materials on the subject to each city official at the time of
his or her election or appointment to office
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