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Home My WebLink About029428 ORD - 03/27/2012Page 1 Ordinance amending the Code of Ethics provisions regarding conflicts of interest and complaint procedures Whereas, the City of Corpus Christi Ethics Commission submits their recommended changes to the Code of Ethics to City Council for approval; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas as follows: Section 1. The City of Corpus Christi Code of Ordinances, Chapter 2, Administration, Article V, Code of Ethics, is amended to read as follows: ARTICLE V. CODE OF ETHICS DIVISION 1. RULES OF CONDUCT Sec. 2-310. Preamble. The city recognizes that city council members are also members of the society and, therefore, cannot and should not be without any personal and economic interest in the decisions and policies of government; that city council members retain their rights as citizens to interests of a personal or economic nature and their rights to publicly express their views on matters of general public interest. It is not the intent of this ordinance to diminish the rights of city council members as citizens of the community. However, city council members may not use their positions in dealing with the city manager or city employees to advance their personal economic interest, their families' economic interest, or the entities in which they have a substantial interest. Sec. 2-311. Standards. The following rules of conduct apply to all council members, board members, and employees: * Conflicts of interest: * * * J:\LISA\2012 Ordinance\Ordinance with Ethics Commission amendments to Code of Ethics.docx 029428 INDEXED Page 2 matter. If a contract or business transaction involving the city, in which you or one of your relatives have a conflict of interest or potential conflict of interest comes before you in the performance of your official duties you shall take the following actions: (i) Immediately make a written disclosure of your interest in the matter to the City Secretary and City Manager. (ii) Abstain from any vote or decision. (iii) Not participate in any discussion on the matter with members of the council, the City Manager, or City employees. (B) You may not use your position to influence the action of a city official or employee in the performance of their duties related to a contract or business transaction in which you or one of your relatives have a conflict of interest or potential conflict of interest. (C) If you were initially not aware that you or a relative has a conflict or potential conflict of interest, you must comply with (7)(A) as soon as you become aware that you have or should have been aware that you have the conflict or potential conflict of interest. (D) However, you may apply for city services or discuss your personal interest with a city representative on behalf of your own interest if you notify the City Secretary and City Manager in writing that you have a personal interest in a matter that requires action by the city, and that you are acting strictly in your private capacity, and not as a member of the city council or board or as a city employee and you advise any member of the city council, city board or commission, or any city employee you are dealing with that you are appearing only in your private capacity. Sec. 2-312. Definitions. The following definitions apply to the above rules of conduct: * * * * * Conflict of Interest: Any interest, reasonable expectation of an economic benefit, substantial interest, or anticipated substantial interest in a matter or business transaction involving the city that could influence an individual's ability to make an impartial decision. J:\iISA12012 Ordinance\Ordinance with Ethics Commission amendments to Code of Ethics.docx Page 3 Substantial interest: Any interest in a business entity if the person or relative owns ten (10) per cent or more of voting stock or shares of the business entity or owns ten (10) per cent or more or five thousand dollars ($5,000.00) or more of the fair market value of the business entity or funds received from the business entity exceeds ten (10) per cent or more of the person's gross income for the previous year. A city council member person, has a substantial interest in real property if he or his relative controls or has an equitable or legal ownership interest with a fair market value of two thousand five hundred dollars ($2,500.00) or more. * * * DIVISION 2. ETHICS COMMISSION Sec. 2-330. Complaints.. * * * * * (b)Upon the sworn complaint of any five (5) people one (1) person filed with the city secretary's office, the commission shall consider possible violations of the code of ethics by city officials and board members and former city officials and board members other than members of this commission. In addition, the commission shall consider such possible violations when referred to it as a complaint by majority vote of all council members holding office and qualified to vote thereon. The council may direct the city attorney to draft such referred complaint, which shall be reviewed as other complaints hereunder. The council members voting for the complaint shall sign the complaint. Section 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. Section 3. A violation of Code of Ethics adopted by this ordinance shall be enforced as provided by Section 2-313 of the Code of Ordinances. Section 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance is effective upon and after publication. J:\LISA\2012 Ordinance\Ordinance with Ethics Commission amendments to Code of Ethics.docx Page 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the 2. day of _ i'Ci2A CJ , 2012, by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the Z- day of MN - 0-‘, 2012, by the following vote: Joe Adame L David Loeb Chris N. Adler l'eiviti John E. Marez Kelley Allen Nelda Martinez Larry Elizondo O,crYQ... Mark Scott Priscilla G. Leal -49' PASSED AND APPROVED, this the -1:1 day of U I CIAC/L , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: (tiLAfl Alison Logan, First Assistant City Attorney For the City Attorney Joe'Adame Mayor J:\LISA\2012 Ordinance\Ordinance with Ethics Commission amendments to Code of Ethics.docx 029428 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5992298 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patrick), Counties, and that the publication of, NOTICE OF PASSAGE OF ORD. NO. 029428 Arne which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4/2/2012, 4/2/2012. $ 61.83 1Time(s) Ill LEGAL SALES REPRESENTIVE pp On this day of a A.L- , 2 f I certify that the attached document is a true and an exact cosy made by publisher. MICHELLE JOYCE CABR'ERA ` �1/►� 1 My Commission Expires March 19, 2016 - "f " T. Notary Public, St1#e of Texas O12 C. LLER'TIMES Legal Notices 1110 PASSAGE;OF ORA. NO 029428 - Amendtng;the,Cocfe: of ,Ethics provisjons regarding "conflicts,of'. interest and com plaint procedures This ord! was ap proved ohs March 27 20-i2 Isle Artnanclo Chaps City Secretary':`