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Ordinance 2006-42 WHEREAS, t integrity, independence, AN ORDINANCE OF THE CITY OF CODE OF ETHICS; PRO(roI VIOLATION OF THIS 0 SAVINGS AND SEV EFFECTIV1 PUBLICAT TEXAS, ESTABLISHING A PENALTY FOR THE ING FOR REPEALING, S; PROVIDING FOR AN CE; AND PROVIDING FOR N HEREOF. 0 d impartiality of those w t \J e ent; and ounds of reasonable ethical SECTION 1: STATEMENT OF PURPOSE It is essential in a democratic s \\ e pu fide ce in the integrity, independence, and impartiality of those who a ~ hal gove ent. Such confidence depends not only on the conduct of those who exe al power, but on the availability of aid or redress to all persons on equal terms and on th ccessibility and dissemination of information relating to the conduct of public affairs. The Wylie City Council adopts this Code of Ethics in order to promote confidence in the government of the City of Wylie, and thereby enhance the City's ability to function effectively. The Code establishes standards of conduct, disclosure requirements, and enforcement mechanisms relating to City Officials. The Code also covers others whose actions inevitably affect public faith in City government, such as former City Officials, candidates for public office, and persons doing business with the City. By prohibiting conduct incompatible with the City's best interests and minimizing the risk of any appearance of impropriety, this Code of Ethics will further the legitimate interests of democracy. SECTION 2: DEFINITIONS As used in this Code of Ethics, the following words and phrases have the meaning ascribed to them in this Section, unless the context requires otherwise or more specific definitions set forth elsewhere in this code apply: Affiliated. Business entities are "Affiliated" if one is the parent or subsidiary of the other or if they are subsidiaries of the same parent Business Entity. Code of Ethics Ordinance 456644.v3 Page 1 of 15 Affinity. Relationship by "Affinity" is defined in Sections 573.024 and 573.025 of the Texas Government Code. (See Attachments "A" and "B") ity" means before the City Councilor Confidential Government Info held by the City that is not avail Local Government Code ("the pursuant to the Texas Open Meeti whether disclosure violates the Act City. "City" means the City of Wylie, Texas. Consanguinity. Relationship by "Consanguinity" is defined in Sections 573.022 and 573.023 of the Texas Government Code. (See Attachment "B") Discretionary Contract. "Discretionary Contract" means any contract other than those which by law must be awarded on a qualified bid basis. Economic Interest. "Economic Interest" is legal or equitable property interests in land, chattels, and intangibles, and contractual rights having a value of more than fifty thousand dollars ($50,000.00). Service by a City Official as an Officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create for that City Official an Economic Interest in the property of the organization. "Economic Interest" does not include the contract and/or business relationship that the City Manager, City Secretary, Code of Ethics Ordinance 456644.v3 Page 2 of15 and/or the Municipal Court Judges and Magistrates and/or their respective law firms have with the City. t fund that holds securities or other assets unless the person in question se Boards, Commissions, their entirety or partially by (1) any affirmative act (including the making ofa recommendation) within the scope of, or in violation of, a City Official's duties, and (2) any failure to act, if the City Official is under a duty to act and knows that inaction is likely to affect substantially an Economic Interest of the City Official or any person related to the City Official in the first degree by consanguinity or affinity (See Attachment "B"). Official Information. "Official Information" is information gathered pursuant to the power or authority of City. Partner. "Partner" is defined as partners in general partnerships, limited partnerships, limited liability partnerships, joint ventures, and any other partnership allowed by law. Code of Ethics Ordinance 456644.v3 Page 3 of 15 Personally and Substantially Participated. The requirement of having "personally and substantially participated" in a Matter is met only if the . dividual in fact exercised discretion relating to the Matter. The fact that the person had respo ility for a Matter does not by itself establish that the person "personally and substeially art. \J d" in the Matter. Representation. "Representation" is d D f communication and personal appearances in which a per not f Official duties, formally or informally, serves as an advocate fo ~ . ~ of whether the Representation is co ted. Lobbying, even on an in a 1 of Representation. Repres~om de appearance as a fact witnes a r other Official proceedings. \j Solicitation. "Solicitation" of subsequent employment (;\i; ~ med as all forms of proposals and negotiations relating there ~ Local Government Code (b) Affidavit and Abstention from V ot red. City Officials shall comply with Chapter 171 of the Local Government Code regar ng Affidavits and Abstention from Voting. SECTION 2: UNFAIR ADVANCEMENT OF PRIVATE INTERESTS (a) General Rule. A City Official may not use his Official position to grant or secure, or attempt to grant or secure, for any person (including himself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. This rule does not apply to actions taken by a City Official in the legislative process. (b) Special Rules. The following special rules apply in addition to the general rule: (1) Acquisition of Interest in Impending Matters. A City Official shall not acquire an interest in, or be affected by, any contract, transaction, zoning decision, or other Matter (the "interest"), if the Official knows, or has reason to know, that the interest will be directly or indirectly affected by impending Official Action by the City. Code of Ethics Ordinance 456644.v3 Page 4 of 15 (2) Reciprocal Favors. A City Official may not enter into an agreement or understanding with any other person that Official Action by the Offici will be rewarded or reciprocated by the other person, directly or indirectly. (3) Appointment of Relatives/Anti-Nepot (5) No Cit cil member who is on the B .zatlOn may vote on any fundmg request by that nonprofit organi ~. rofit organization has a Board of directors or trustees PPo~' d in w 't} City Council. (c) Recusal and Disclosure. A City 0 1 ~ con otherwise violate Part B, Section 2(b)(3) shall openly declare that st be recused based upon the Anti-Nepotism provisions and such City Official s not be counted as present for the agenda item for purposes of the tally or determining the total votes required. SECTION 3: GIFTS (a) General Rule. A City Official shall not solicit, accept, or agree to accept any Gift or benefit having a total aggregate value more than $250 over a consecutive 6 month period from the same person or entity. (b) Special Applications. Subsection (a) does not include: (1) a Gift to a City Official relating to a special occasion, such as a wedding; anniversary, graduation, birth, illness, death, or holiday, provided that the value of the Gift is fairly commensurate with the occasion and the relationship between the donor and recipient; (2) reimbursement of reasonable expenses for travel authorized m accordance with City policies; Code of Ethics Ordinance 456644.v3 Page 5 of 15 (3) (4) (5) (6) (7) (8) (9) (10) (11 ) (12) (13) a public award or reward for meritorious service or professional achievement, provided that the award or reward is reasona in light of the occasion; a loan from a lending instit~ same terms generally available ~ he same terms and based on t same cants; or 0 lawful campaign contributions; events pertinent to the exchanging Gifts or receiving a bonu ~ ll-time employment; meals for the City G~ the party; or .'\)~ participation in charitable events where the ticket price, entry fee or the like is waived for the City Official and/or the City Official's spouse. (c) Gifts to Closely Related Persons. A City Official shall take reasonable steps to persuade a parent, spouse, child, stepchild, or other relative within the second degree of Consanguinity or Affinity (see Attachment "B") not to solicit, accept, or agree to accept any Gift or benefit which would violate Subsection (a) if the Official solicited, accepted, or agreed to accept it. SECTION 4: CONFIDENTIAL INFORMATION (a) Improper Access. A City Official shall not use his position to secure Official Information about any person or entity for any purpose other than the performance of Official responsibilities. (b) Improper Disclosure or Use. A City Official shall not disclose Confidential Government Information or use such information to further or impede anyone's personal interests. This rule does not prohibit: Code of Ethics Ordinance 456644.v3 Page 6 of 15 (1) any disclosure or use that is authorized or require (2) the confidential reporting of illegal ~nethical D SECTION 6: PUBLIC PROPERT A City Official shall not use, request, supplies for private purposes, except: the use of City facilities, personnel, equipment, or (a) pursuant to duly adopted City policies, or (b) to the extent and according to the terms that those resources are lawfully available to the public. SECTION 7: POLITICAL ACTIVITY Limitations on the political activities of City Officials are imposed by state law, the City Charter, and City personnel rules. In addition, the following ethical restrictions apply: (a) Influencing Subordinates. A City Official shall not, directly or indirectly, induce or attempt to induce any subordinate of the Official: (1) to 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 Code of Ethics Ordinance 456644.v3 Page 7 of 15 (2) to refrain from engaging in any lawful political activity, except activities prohibited by the City Charter. g of value, directly or indirectly, for if he participated in, or provided by the City Councilor a Board that (b) Paid Campaigning. A City Official shalOt political activity relating to an item n advice relating to, the exercise of contributed to the e c> (c) Official Vehicles. A ~ 1 not display or fail to remove~O . ~ City vehicle under his \J Limitations on the use of pnblic property and r . ~ 0 e imposed by Part B, Section 6. A City Official may not spend ~ of public funds or use or authorize the use of public property for "p~. at term is defined in the Texas Election Code, as it exists or be en \J A general statement merel ano person to vote does not violate this any Officials. A City Official shall VI all not violate the provisions SECTION 9: INTERACTION WIL (a) City Council members' and Board Members' interaction with the City Manager or staff must recognize the lack of authority in any individual City Council member, Board Member or group of City Council members or Board Members, except when explicitly authorized by the City Councilor Board. (b) City Council members and Board Members will not make public individual judgments of the performance of the City Manager, his staff, the City Secretary, or the Municipal Judge except as authorized by City policy, ordinance, or the City Charter. (c) City Council members and Board Members may not attempt to coerce or intimidate City Employees, interfere with City Employees' duties, or otherwise circumvent the authority of the City Manager. Communications that are not in violation of this Section are permitted. SECTION 10: CITY COUNCIL INTERACTION WITH GENERAL PUBLIC City Council members' and Board Members' interaction with public, press or other entities must recognize the same limitation as expressed in Part B, Section 9 and the inability of any City Council member or Board Member or group of City Council members or Board Members to speak for the Code of Ethics Ordinance 456644.v3 Page 8 of 15 City Councilor Board except when explicitly authorized by the City Council, that Board, or the City Charter. PART C: FORMER CITY OFFICIALS A former City Officia during service as a Cit (a) any disclosure or use (b) the confidential reporting of illegal or unethic (b) Repres entity, 0 months a granted wit (c) Representation in Litigation ~e~rhe \> er y Official shall not, absent consent from the City, represe ~, gr , or e , other than himself, or his spouse or minor children, in any litiga t \j h the City is a party, if the interests of that person, group, or entity are adverse to the e s of the City and the Matter is one in which the former City Official "Personally and Substantially Participated" prior to termination of his Official duties. SECTION 3: DISCRETIONARY CONTRACTS (a) Impermissible Interest in Discretionary Contract or Sale. This Subsection applies only to contracts or sales made on a discretionary basis, and not to contracts or sales made on a competitive bid basis. Within one (1) year of the termination of Official duties, a former City Council member shall not have a financial interest, direct or indirect, in any contract with the City, and shall not be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies, or service. Any violation of this Section, with the knowledge, expressed or implied, of the individual or Business Entity contracting with the City Council shall render the contract involved voidable by the City Manager or the City Council. A former City Council member has a prohibited "financial interest" in a contract with the City, or in the sale to the City of land, materials, supplies, or service, if any of the following individuals or entities is a party to the contract or sale: Code of Ethics Ordinance 456644.v3 Page 9 of 15 (1) the former City Council member; (2) hislher parent, child, stepchild, or spouse; (A) a subcontractor on a City contrac (B) an Affiliated business or Partner. Official duties, was the (2) The term "contract" m the former City Council a contract for the personal services of (3) The term "service" means any services other than the personal services of the former City Council member. PART D: PERSONS DOING BUSINESS WITH THE CITY SECTION 1: PERSONS SEEKING CONTRACTS (a) Disclosure of Parties, Owners, and Closely Related Persons. An individual or Business Entity seeking a contract from the City is required to complete the Conflict of Interest Questionnaire required by Chapter 176 of the Local Government Code. (b) Political Contributions. Any individual or Business Entity seeking a Discretionary Contract from the City must disclose, on a form provided by the City, all political contributions totaling two hundred fifty dollars ($250) or more within the past twenty-four (24) months made directly or indirectly to any member of City Council, or to any political action committee that contributes to City Council elections, by any individual or Business Entity whose identity must Code of Ethics Ordinance 456644.v3 Page 10 of15 be disclosed under Part D, Section 1 (a). Indirect contributions by an entity include, but are not limited to, contributions made through the officers or 0 s of the Business Entity. ed for the City concerning any isclosed in compliance with Part Itute an open record available to the Part E applies to current and former City Offi . lobbyists, as well as to members of the public an nonprofit entities). SECTION 1: FORMS OF RES No person shall indu~ce att~~ another pers\\ en(j ~ PART F: ET~ () EW PROCESS SECTION 1: DEFINITIONS As used in Part F, the term "ethics I the City Charter, and Chapters 171 violation" is defined as violations of of E lCS, Article XI, Section 5 of overnment Code. The term "ethical SECTION 2: COMPLAINTS (a) Filing. Any person who believes that there has been a violation of the ethics laws may file a sworn Complaint with the City Secretary. The "Complaint" shall: (1) identify the person or persons who allegedly committed the violation; (2) provide a statement of the facts on which the Complaint is based; (3) to the extent possible, identify the rule or rules allegedly violated; and (4) be sworn to in the form of an affidavit and be based on personal knowledge of the affiant and be subject to the laws of perjury. The complainant may also recommend other sources of evidence that the Investigator (as defined below) should consider and may request a hearing. (b) Confidentiality. No City Official shall reveal information relating to the filing or processing of a Complaint except as required for the performance of Official duties. All papers relating to a pending Complaint are confidential. Code of Ethics Ordinance 456644.v3 Page 11 of 15 aring;and the City Attorney, pursuant to Part F, ~ Within three (3) business days after receipt, it ~ party attorney who does not rform legal it conduct the investigation (the "Investigator") on behalf of t i noti Cou 1, City Manager and the person charged in the Complaint of t ~ r se ed. T City Council shall approve or reject an Investigator selected by the City its next meeting for which there is time to post the item on the agenda as required by law. e City Council rejects an Investigator, the City Attorney shall select another one in accordance with this Section. Within (3) business days after being approved as the Investigator by the City Council, the Investigator shall make the initial determination/evaluation of the Complaint as to whether or not the facts alleged, if true, would at face value constitute a violation of this Code. If it is determined by the Investigator that the facts as alleged would not constitute a violation, then in accordance with the notice requirements of the Texas Open Meetings Act, the Investigator shall present a written report describing in detail the nature of the Complaint and the findings of the Investigator to the City Council at its next regularly scheduled meeting. A majority of those City Council members not implicated by the allegation(s) may either invoke the investigatory procedure contained herein or reject the Complaint. Any vote to reject the Complaint shall be in a public hearing called for that purpose. If it is determined by the Investigator that the facts as alleged could constitute a violation of this Code, then the Investigator shall, within three (3) business days after receipt of the Complaint, notify the Mayor and City Council of the existence and nature of the Complaint. The Mayor or any three (3) members of the City Council may cause a meeting of the City Council to convene, whether regular or special, within seven (7) business days after being so notified by the Investigator to further consider said Complaint in Executive Session and/or an Open Meeting. At said meeting, the Code of Ethics Ordinance 456644.v3 Page 12 of 15 Investigator shall present an initial written report ("Initial port") to the City Council describing in detail the nature of the Complaint and his findings and c sions as to a possible violation of this Code. The Investigator shall have all of th~we r:\ ation as is given to the City Council by reason of Article III, Section 15 of the ~~~ . 'Q) vestigator shall report back to the City Council in writing as soon as p~ ore than fifteen (15) calendar days from the day of the I . . p@<:laYSfrOmtheday the apPOin~m t of the Investigator was appr ~ ~ 11, whichever is later. aid rep II be comprehensive in suppo r's opinion as to whether or t io~ ode occurred. ~ The City Council shall consider the findings of s . d re it is presented at which time the person(s) accused shall have righ mp ete hearing with the opportunity to call witnesses and present evide n his 0 mal action, decision, or vote with regard to any matter shall made ex@ eetin is open to the pnblic. ISMS ~~~y~ ~ If it has been ode of Ethics, the City egarding any penalty(ies) to no counted as present for the es required. PART G: SECTION 1: DISCIPLINARY AC City Officials who engage in conduct t at violates this Code may be notified, warned, reprimanded, suspended, or removed from office or employment by the City Council. SECTION 2: CIVIL FINE Any person, whether or not a City Official, who violates any provision of this Code of Ethics is subject to a fine not exceeding five hundred dollars ($500.00), such amount to be determined by the City Council. SECTION 3: PROSECUTION FOR PERJURY Any person who files a false sworn Complaint under Part F, Section 2(a) of this Code is subject to criminal prosecution for perjury under the laws of the State of Texas. SECTION 4: VOIDING OR RATIFICATION OF CONTRACT If an Ethics Review finds that there has been a violation of any provision in Sections 1 through 10 of Part B; Sections 1 through 3 of Part C; Part D; or Part E that is related to the awarding of a contract, the City Council must vote on whether to ratify or void the contract. Such action shall not affect the imposition of any penalty or remedy contained in this Code of Ethics or any other law. Code of Ethics Ordinance 456644.v3 Page 13 of 15 SECTION 5: DISQUALIFICATION FROM CONTRACTING (a) Any person (including business entities and non-profi ntities) who intentionally or knowingly violates any provision of Part D (Persons Doing Bu . with the City) may be prohibited by the City Council from entering into anYont~' (T\ City for a period not to exceed three (3) years. \\ \ () \J (b) It is a violation oft' e (). \ \) enter, into a co it e City during the period of disqu 0 . ng; (2) ::r a City Official to knowingly assi ~on 5. (c) Nothing in this section sh hibit person from receiving a service or available to the public, according to the same ~uct or agency. SECTION 1: OTHER OBLIGA \j This Code of Ethics is cumulative plemental to applicable state and federal laws and regulations. Compliance with the pro ns of this code shall not excuse or relieve any person from any obligation imposed by state or federal law regarding ethics, financial reporting, lobbying activities, or any other issue addressed herein. Even if a City Official is not prohibited from taking official action by this Code of Ethics, action may be prohibited by duly promulgated personnel rules, which may be more stringent. SECTION 2: EFFECTIVE DATE This Code of Ethics shall take effect on , 2006, following its adoption and publication as required by law. Every person shall be provided reasonable opportunity to review this Code of Ethics as a condition of their candidacy and/or application to be a City Official. Individuals seated as City Officials on the effective date of this Ordinance shall be bound by it and shall sign a written acknowledgement of receipt and understanding of this Code within 30 days of the effective date. All City Officials elected, appointed or retained following the effective date of this Code shall sign a written acknowledgement of receipt and understanding of this Code before performing any of the duties or functions of the City Official's position. Code of Ethics Ordinance 456644.v3 Page 14 of 15 SECTION 3: DISTRIBUTION AND TRAINING (a) At the time of application for a position of City Official, a copy of this Code of Ethics. No appli shall acknowledgement of receipt and understan (b) The City Attorney 0 e Ity Council shall develop educational materials and conduct he City Officials on the provisions of this Code of Ethics, Article XI 11> er, and Chapters 171 and 17 of the LWcal Government Code. Suc rials and programs shall be designed t ~ ing of the obligations impos by these ethics laws. ~ SECTION 4: SEVERABILITY (J If any provision of this Code is foundm 0 sdiction to be invalid or unconstitutional, or if the ap ti of f\ 0 an or circumstances is found to be invalid or unconstitutional, c idity ~ 'tutionality shall not affect the other provisions or applic . ns o~ '\ an b en effect without the invalid or unconstitutional provision PPli\(SJ ~\l @ READ, CO RED, PASSED AND APP A1,~~, on this tbe gth day of Angnst, 2006. (j )"0, ~ ry applicant shall be furnished with sidered complete without a signed the applicant. \1 @JOhn Mondy, Mayor ATTEST: By: Carole Ehrlich, City Secretary Date of publication in The Wylie News - August 16,2006 Code of Ethics Ordinance 456644. v3 Page 15 of 15