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Home My WebLink About033436 ORD - 08/20/2024Ordinance amending Section 2-330 of the Code of Ordinances of the City of Corpus Christi, Texas to provide for outside representation of City Officials for alleged violations before the Ethics Commission. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The requirement for the Ethics Commission review of City Council changes to the Ethics Code under § 2-326(a)(1) is hereby waived and Subsection 2-330 of the City Code is amended to read as follows: Sec. 2-330. - Complaints. (a) A sworn complaint alleging violation of the code of ethics shall specify the provisions of the Rules of Conduct (section 2-311) alleged to have been violated and facts alleged to constitute the violation. In lieu of a complaint sworn to under oath, the complainant may subscribe to the complaint using an unsworn declaration prepared in compliance with the Texas Unsworn Declaration Act, V.T.C.A., Civil Practice and Remedies Code ch. 132, as amended. (b) Upon the valid complaint of any ene {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. (c) A complaint alleging a violation by a city official or board member must be filed with the city secretary within six (6) months from the date the eemptainants complainant(s) knew or should have known of the action alleged as a violation, and not afterward. (d) (1) The city secretary, after receiving a complaint submitted in accordance with subsection (a) and (c) above, shall, within three {3) working business days, acknowledge receipt to the complainant and provide a copy to the city attorney, the commission, and the n city official or board member complained against ("the respondent"). (e) (1) The city attorney shall conduct a preliminary review of the complaint within 7 business days after receipt and issue determination whether the complaint (i) is sufficient as to form and (ii) alleges sufficient facts which. if true, would constitute a prima facie violation of the Rules of Conduct. The city attorney shall provide the commission, the city secretary, the complainant and the respondent with written notice of such determination. 033436 SCANNED (2) The complaint is dismissed upon determination that the complaint failed to comply with (i) or (ii) above. subject to complainant's right to appeal such dismissal to the commission within 10 business days of dismissal. This appeal must be in writing. sworn to in compliance with subsection (a) above. and state the grounds for the appeal. The complainant shall provide the appeal to the city secretary who will then forward a copy to the commission, the city attorney and the respondent within three business days of receipt. (3) The respondent shall have 10 business days to submit a written response to the commission after a preliminary determination of the city attorney that the complaint complies with (i) and (ii) above. or after proper appeal is forwarded to the commission in compliance with subsection (e)(2). (4) Within 30 business days after commission's receipt of (a) the determination of the city attorney that the complaint complies with (i) and (ii) above or (b) an appeal bythe complainant in compliance with subsection (e)(2), the commission shall determine whether to schedule a hearing or take other action concerning the complaint. Such determination shall be made during a meeting of the commission by majori_y vote of all commissioners present. not earlier than the time allotted in •subsection and no intends to schedule a hearing or take other action concerning the complaint. (5)The complainant shall have one {-1-} opportunity within fifteen (15 calendar 10 business days of any denial of their original complaint by the commission to amend their complaint and refile the same with the commission. (e)(f) If the commission determines such party's complaint or defense was groundless, legal fees incurred bythe complainants, the commission, and the party complained against, in an amount determined reasonable by the commission may be awarded against the unsuccessful party. "Groundless" means: (1) without basis or fact; or (2) not warranted by law or reasonably arguable interpretation thereof. The complainants shall not be liable for such fees if the commission has determined grounds exist for a hearing. The city will pay reasonable fees for legal representation of the respondent through conclusion of a commission hearing in an amount not to exceed $5.000, subject to city's right to repayment through salary and/or stipend deductions of the respondent in the event commission finds a violation has occurred. Section 2. All provisions of the ordinances of the City of Corpus Christi in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other 2 provisions of the ordinances of the City of Corpus Christi not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 3. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. Section 4. This ordinance shall become effective October 1, 2024. 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. Introduced and voted on the 1 day of A01' , 2024. PASSED and APPROVED on the /Ariake Paulette M. Guajardo, or EFFECTIVE DATE 10-1-a. day of 3 _St , 2024. Rebecca L. Huerta,'City Secretary 033436 , . LocaliQ Texas/New Mexico PO Box 631667 Cincinnati, OH 45263-1667 GANNETT AFFIDAVIT OF PUBLICATION NOTICE OF PASSAGE OF Denise Sudell ORDINANCE (S) Accounts Payable NO. 033436, Ordinance City of Corpus Christi-Secretary amending Section 2-330 of the PO Box Corpus Christi TX 78401 Code of Ordinances of the Co City of Corpus Christi, Texas STATE OF WISCONSIN, COUNTY OF BROWN to provide for outside repre- sentation of City Officials for The Corpus Christi Caller-Times, a newspaper published in the city alleged violations before the of Corpus Christi, Nueces County, State of Texas, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Ethics Commission. This Kleberg, Live Oak, Nueces, Refugio, and San Patricio Counties, ordinance was passed and and personal knowledge of the facts herein state and that the notice hereto annexed was Published in said newspapers in the approved on second reading issue: by the Corpus Christi City 08/26/2024 Council on August 20, 2024. and that the fees charged are legal. /s/ Rebecca H uerta Sworn to and subscribed before on 08/26/2024 City Secretary LaLegal Clerk Notary,State of WI,Cou y of Bra 1 , 11 , My commission expires Publication Cost: $85.48 Tax Amount: $0.00 Payment Cost: $85.48 Order No: 10499643 #of Copies: Customer No: 1356906 1 PO#: THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. VICKY FELTY Notary Public State of Wisconsin r Page 1 of 1