HomeMy WebLinkAboutMinutes Ethics Commission - 03/21/2019 Minutes of March 21, 2019 meeting
Minutes of the Ethics Commission Meeting on March 21, 2019
ACM Conference Room-5t" Floor City Hall— 1201 Leopard Street
Agenda Item 1. Roll Call. The meeting was called to order by Vice Chair Rob Bailey at 5:30 p.m.
All present except Chair Drue Jones (excused). Asst. City Atty. Lisa Aguilar present.
Agenda Item 2. Review and approval of Minutes. Motion to approve by Mr. Rogers; second by
Mr. Sample. All in favor. Motion passed.
Agenda Item 3. Public Comment. No public comment received.
Agenda Item 4. Discussion and possible action regarding Financial Disclosure report forms.
Motion by Mr. Heavilin, second by Mr. Rogers, to proceed with assistance from IT Department
to develop online forms. All in favor; motion passed.
Agenda Item S. Discussion and possible action regarding employee training and Frequently
Asked Questions pertaining to Code of Ethics.
The Commission reviewed some example hypothetical questions (attached). No action taken.
This item will be continued to next meeting.
Agenda Item 6. Discussion and possible action regarding City Code of Ethics.
The Commission reviewed the proposed ordinance to amend the Code of Ethics (attached).
Motion made by Mr. Heavilin, second by Mr. Rogers, to proceed with IT department to develop
online form. All in favor. Motion passed. The Commission discussed still need to update Section
2-344 pending outcome of online reporting process.
Agenda Item 7. Discussion and possible action regarding Ethics Commission attendance policy.
The Commission reviewed attendance for past 12 months and discussed current EC policy that
absences are considered excused as long as the Commissioner notifies the Chair or City Legal of
absence in advance of meeting. No action taken regarding attendance policy.
Agenda Item 8: Identification of items to be placed on the next meeting's agenda.
The Ethics Commission discussed including the following topics: Ethics Code frequently asked
questions; update on Ethics training provided to City employees; and online financial report.
Agenda Item 9: Adjourn. The meeting was adjourned at approximately 6:05 p.m.
The foregoing minutes of the meeting of the Ethics Commission were approved on April 18, 2019 by
the Ethics Commission.
By:
Drue Jones, Chair
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Minutes of March 21, 2019 meeting
Agenda Item 5
Hypothetical FAQS related to the Ethics Code
1) Can I accept this unsolicited offer to participate in a charity golf tournament from a vendor
that does business with the City?
Response: "You shall not accept or solicit any ..thing of value by way of gift, favor, loan or
otherwise that might reasonably tend to influence you in the discharge of your official duties.."
Exception: A gift to a city official or employee 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) Can we solicit for a donation from a vendor that receives permits from our department
a) for a City retirement party?
Response: "You shall not accept or solicit any ..thing of value by way of gift, favor, loan or
otherwise that might reasonably tend to influence you in the discharge of your official duties ....
Exception: A gift to a city official or employee 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.
b) For charitable fundraising?
Response: "You shall not accept or solicit any ..thing of value by way of gift, favor, loan or
otherwise that might reasonably tend to influence you in the discharge of your official duties ....
but there is an exception "for any solicitation for civic or charitable causes."
3) Can my spouse submit a bid to contract with the City?
Response: "As an employee, you shall not have an interest in any contract with the City."
Employees are not allowed to have an interest in a contract with the City. If the employee has
any interest in the spouse's business or in the contract, then a contract with the spouse is not
permitted.
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Minutes ofMarch Z1, ZU19meeting
Agenda Item 6
Ordinance hoamend City Code of Ethics
(as reviewed at March 212019 meeting)
SECTION 1. That the City Code of Ondinanoes. Chapter 2, Article V. Division 1. Rules of
Conduct, Section 2-311, is amended to add new subsection (22)to read follows and renumbering
remainder ofSection 2-311:
"Each Council member from a district shall continuously reside within that district
durinq his or her term of office. Each at-large council member and the Mayor shall
continuously reside within the City limits during his or her term of office."
SECTION 2. That the City Code of Ondinanoes. Chapter 2, Article V. Division 2, Ethics
Commission, Section 2-320.(a) (2) is amended by deleting struck through text and inserting
underlined text shown asfollows:
Seo. 2-320. - Duties.
(a) The commission shaU, in addition to its other dudes: ...
| (2) P[Sp@[S and publish pamphlets and Gther nO@tS[i@|S Sxp|@iOiO0 the duties Of
individuals subject to the code of ethics. Such materials shall include instructions to
the public about how to obtain information such as financial diso|osunes, campaign
reports. and the like from the city.
SECTION 3. That the City Code of Ondinanoes. Chapter 2, Article V. Division 3. regarding
Financial Oiso|osure, are amended by deleting struck through text and inserting underlined text
shown as follows:
DIVISION 3. - FINANCIAL DISCLOSURE
Geo. 2-340. - Required reports.
| n or before the last Friday ofAp-i| March of each year, reporting officials shall file with the
city secretary an annual report of financial information covering January 1 through December 31
of the previous year. Council members and planning commission members shall also file with the
city secretary a supplemental report of financial information by the last Friday of July of each year
COvS[iO0 the most [SCSOt January 1 through June 30. Those reporting officials who have no
file a short form annual I disclosure form within
11 utilize a
which sha ted electroniggily or by facsimile as
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Minutes ofMarch Z1, ZU19meeting
Geo 2-342. - Content ofreports.
The reports required shall contain the following information for the reporting period by
separate listing. In this section, the report for the reporting official shall include all such information
for the reporting official's spouse, but information relating to the spouse need not be segregated
from that relating tothe reporting official.
of his or her immediate
relationshi which would affect th@_�ar�tial
d actions
conflicts
(Ond. No. 2O781. § 1. 9-19-1989; Ord. No. O28271. § 5. 8-18-2OO9)
Geo. 2-343. - Financial disclosure by candidates.
All candidates for city council shall file an annual report offinancial information covering
January 1 through December 31 of the previous year containing the information required by the
|
above sections with the city secretarywithin filing for office. If
the deadline for candidate filing is after June 30. they shall also file a supplemental report of
financial information. If any incumbent candidate has previously filed a report for the appropriate
period(s), that report shall satisfy this section.
(Ord. No. 2O781. § 1. 9-19-1989)
Sec. 2-344. - Reports tobesworn and maintained.
All reports of financial information required by the code of ethics shall be sworn, and shall be
preserved for five (5) years @Spublic records.
n unsworn
with the Texas Unsworn Declarati
132 as amended.
(Ord. No. 2O781. § 1. 9-19-1989)
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