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HomeMy WebLinkAbout17112 ORD - 07/07/1982JBA:mb:6-23-82;lst AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES BY ENACTING A CODE OF ETHICS FOR OFFICIALS AND EMPLOYEES OF THE CITY AND REPEALING SECTION 2-238. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 2 of the City Code of Ordinances be amended by repealing Section 2-238 and by enacting a Code of Ethics for officials and employees of the City, said Code of Ethics to provide as follows: CODE OF ETHICS FOR OFFICIALS AND EMPLOYEES OF THE CITY OF CORPUS CHRISTI, TEXAS Section 1. Declaration of Policy. It is declared that high moral and ethical standards among City officers are essential to the conduct of good representative government and that a Code of Ethics for the guidance of public officers and employees will help them avoid conflicts with approved standards of public service and will promote and strengthen the confidence of the residents of this City in their public officials and employees. Section 2. Responsibility of Public Office. Public officials are agents of public purpose and hold offices for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of the State of Texas to carry out impartially the laws of the nation, state, and municipality and to observe in their official acts the highest standards of integrity and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their prime concern. Their conduct in their official affairs should be such as to foster respect for all government. Section 3. Definitions. As used in this ordinance, the following words shall have the meanings herein ascribed to them: ' (a) "Business". Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limitedqo, .entities operated in the form of sole proprietorship, as self-employed person, 19112 Amended by0rdinancerw.LIZIfei- . Date: partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. (b) "City Official or Officer". The Mayor, and members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, and Department and Division Heads. (c) "Employee". Any person employed by the City whether under Civil Service or not, including those individuals on a part time basis, but such term shall not be extended to apply to any independent contractor. (d) "Impropriety". Conduct which gives the appearance that the ethical standards described herein have been violated. (e) "Interest". Direct or indirect pecuniary or material benefit accruing to a public officer or employee as a result of a contract or transaction which is or may be the subject of an official act or action by or with the city except for such contracts or transactions which by their terms and by the substance of their provisions confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated. (f) "Misconduct". Acts which violate the laws of the United States, State of Texas or the Charter or Code of Ordinances of the City of Corpus Christi. (g) "Participation". The term "participate" and "attempt to influence" as used in this ordinance shall be deemed to include among other things the following: (1) Participation in debate or deliberation or voting. (2) The preparation of oral or written reports. (3) Rendition of oral or written advice. (4) Testimony before a public body as a part of official duties. (5) Discussions with any official who must decide the subject. (6) Submission of letters or other documents to any official who must decide the matter. (7) Issuance or denial of official approvals. Section 4. Standards of Conduct. No City official,employee, or member of any City board, commission or committee (hereinafter called "board member") shall: -2- (a) Accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise which he knows or should know is being offered or given with the intent to influence said person in the discharge of official duties, or in return for having 'exercised or performed official duties. (b) Use his official position* to secure special privileges or exemptions for himself or others. (c) Grant any special consideration, treatment or advantage to any citizen, individual, business organization or group beyond that which is available to every other citizen, individual, business organization or group. This shall not prohibit the granting of fringe benefits to City employees as a part of their contract of employment or as an added incentive to securing or retaining of employees. (d) Disclose information that could adversely affect the property, government or affairs of the City, or directly or indirectly use any information gained by reason of his official position or employment for his own personal gain or benefit or for the private interest of others. (e) Become pecuniarily interested, directly or indirectly, in any contract with the City or to sell property, merchandise or services to the City, provided, however, that with respect to board members, this subsection only applies to members of the following boards, commissions, - and committees which are deemed to exercise some sovereign powers of the City for the benefit of the public: (1) Board of Equalization (2) Planning Commission (3) Joint Airport Zoning Board of Adjustment (4) Building Standards Board (5) Bay Drilling Committee (6) Board of Adjustment (7) Civil Service Board and Commission (8) Human Relations Commission (9) Solicitations Commission (10) Electrical Advisory Board Other board members who are not otherwise city officials or city employees, may engage in any exchange, purchase or sale of property, goods or services with the City, or enter into a contract with the City provided, however, -3- that.the board, commission, or committee of which they are members has no advisory, supervisory, or other cognizance or jurisdiction, direct or indirect, present or prospective, with respect to the transaction in which such member engages or proposes to engage. Board members who are required by statute, charter, or ordinance to be selected from a particular class of persons, commonly known as "industry" or other specially selected member, may deliberate and vote on matters which do not substantially affect that member's personal, private pecuniary interest. (f) Transact any other business on behalf of the City in his official capacity with any business entity with which he is an officer, agent or member or in which he owns a substantial interest. In the event that such a circumstance should arise, then he shall make known his interest, and in the case of an officer, abstain from voting on the matter, or in the case of an employee, turn the matter over to his superior for reassignment, state the reasons for doing so and have nothing further to do with the matter involved. (g) Engage in any outside activities which will conflict with, or will be incompatible with, the duties assigned to him in the employment of the City, or reflect discredit upon the City, or in which his employment in the City will give him an advantage over others engaged in a similar business, vocation or activity. (h) Accept other employment or engage in outside activities incompatible with the full and proper discharge of his duties and responsibilities with the City, or which might impair his independent judgment in the performance of his public duty. (i) Receive any fee or compensation for his services as an officer, board member, or employee of the City from any source other than the City, except as may be provided by law. This should not prohibit his performing the same or other services for a private organization that he performs for the City if there is no conflict with his City duties and responsibilities. (j) Represent, while a City Council member or employee, directly or indirectly, or appear in behalf of private interests of others before any agency of the City or any City board, commission or committee, or represent any private interest of others in any action or proceeding involving the City or participate on behalf of others in any litigation to which the -4- City might be a party, or ever accept any retainer or compensation that is contingent upon a specific action taken by the City or any of its agencies. (k) Represent, while a bo6rd member, directly or indirectly, or appear on behalf of the private interests of others before the board, commission or committee of which he is a member, or before the council or board which has appellate '' jurisdiction over the board, commission or committee of which he is a member with regard to matters which may be the subject of specific action by any such body. (1) With the exception of a City Council member, use the prestige of his position with the City on behalf of any political party. (m) Knowingly perform or refuse to perform any act in order to deliberately thwart the execution of the federal, state, or local laws, ordinances, rules or regulations or the achievement of official city programs. (n) Use City supplies, equipment or facilities for any purpose other than the conduct of official City business. (o) Engage in any dishonest or criminal act or any other conduct prejudicial to the government of the City or that reflects discredit upon the government of the City. (p) Represent, directly or indirectly, any private person, group or interest in any action or proceeding against or adverse to the interest of the City of Corpus Christi, or any litigation in which the City or any agency thereof is a party. However, this provision shall not prohibit representation by a group, firm or organization the person is associated with if such person does not participate or assist in the action, proceeding or litigation in any manner. (q) Represent, directly or indirectly, any private person other than himself, or any group or interest in any action or proceeding in the municipal courts of the City of Corpus Christi which was instituted by a City officer or emploee in the course of official duties. Section 5. Personal or Private Interests. If any City official or board member has a personal or private interest, direct or indirect, financial or otherwise, in any matter pending before such official or the body of which the official board member is a member, the official or board member shall not vote on, attempt to influence or otherwise participate in the consideration of the matter, if such person is in attendance at such -5- meeting, but shall publicly disclose the conflict of interest in the official records of the body prior to any determination of the matter. Furthermore, the official or board member shall refrain from discussing the same with any other member of the body. Section 6. Freedom of Expression. Nothing contained in this ordinance shall abridge the right of any citizen, whether or not a city official or board member, to submit information or express views on the same basis as any other private citizen, provided such is done in public and the person indicates that he is acting in a private capacity. Section 7. Ex parte Consultations. Prior to or during consideration of any matter, the City Council may impose the ex parte rule. If the ex parte rule has been imposed by the City Council, persons may not communicate directly or indirectly, with members of the City Council in connection with the subject concerning which the ex parte rule has been imposed, except on notice and opportunity for all parties to participate. However, the ex parte rule shall not be applicable to communications between members of the City Council and the City staff, which communications are governed by the City Charter. Section 8. Penalty for Violations. The willful violation by any City official, or board member, or employee of one or more of the standards of conduct set forth in Sections 4, 5, and 7, which apply to him, shall constitute grounds for expulsion, reprimand, removal from office or discharge, whichever is applicable. Section 9. Disclosure of Interests. (a) Any business desiring City Council, board, commission or committee consideration or action concerning that business shall, prior to its placement as an agenda item on the public notice of such public body, file with the City (and if a vendor, file with the City Purchasing Agent) a statement of all ownership interests of the business constituting three percent (3%) or more of the ownership, and specifically name any City employee and any member of the public body of the City on whose agenda the agenda item has been placed, having an ownership interest in the business, or having any pecuniary interest in the transaction or property which is the subject of consideration or action. (b) In the case of any business desiring to do business with the City, but which does not require City Council, board, commission, or -6- committee consideration or action, the business shall file with the City Purchasing Agent a statement of all ownership interests of the business constituting three percent (3%) or more of the ownership, and specifically name any city employee or City Council member having any ownership interest in the business, or having any pecuniary interest in the transaction. (c) For corporate businesses whose shares are publicly traded and listed on recognized national or regional stock exchanges or over-the-counter markets, it shall be sufficient if a current Securities and Exchange Commission Form 10-K is filed in lieu of the statements required by this Section 9. Section 10. Gifts or Loans. If any City official, board member, or City employee has accepted any item by way of gift or loan on behalf of the City of Corpus Christi, such gift or loan must be promptly reported to the City Manager or his designee who shall have the gift or loan inventoried as City property in the case of the gift, or as a loan to the City in the case of a loan. Section 11. Forms. The City Manager shall promulgate forms on which statements required by this ordinance may be made and shall make them available to all persons subject to the terms of this ordinance. Section -12. Public Records. All statements required by this Ordinance shall be sworn and shall constitute public records. Section 13. Penalty. Any violation of section 7, or sections 9 through 10 of this ordinance, upon conviction, shall be punishable by a fine of not more than $200. Section 14. Repealer. All ordinances or parts of ordinances in material conflict herewith are hereby repealed. Section 15. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 16. Effective date. This ordinance shall become effective upon publication. Section 17. Publication. Publication shall be made one time in the official publication of the City of Corpus Christi, by publishing the -7- caption of this ordinance stating in substance the purpose, intent, and effect of the aforesaid ordinance. _ -8- That the foregoing ordinance was read for first timemg,passed to its second reading on this the c3 day ofz*. , 19 Ar.z...), by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky altemz That the foregoing ordinance was read for e second time wig' passed to its third reading on this the 30 day of , 19 yL , by the following vote: Luther Jones Betty N. Turner Jack K.-bumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles -W. Kennedy Cliff Zarsky That the foregoin ordinance was on this the J day of Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley , Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the ATTEST: qpRoAD: aw,3f•-•—DAY OF ad f r the third time and passed finally 2 19 0:.;.:w by the following vote: day , 19D. J. BRUCE AYCOCK, CITY ATTORf Y By MAYOR THE I Y OF CORPUS CHRISTI, TEXAS , 17112 PUBLISHER'S AFFIDAVIT • CITY OF C.C. STATE OF TEXAS, tBs 7// County of Nueces. J Before me, the undersigned, a Notary Public, this day personally came LORRAINE MARTINEZ , who being first duly sworn, acOording to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 17112 of which the annexed is a true copy, was published in THE CQE.E5.5 on the.l.t.11- day of day consecutive one JuLy 19....8g and once each. ..da,y s_ 20.70 „ACCOUNTING CLERK Subscribed and sworn to before me this ' "" d of JULY 19 82 EUGENIA S. CORTEZ Not ublicoNueces County, Teas ... • • • .7— -.t Times. thereafter for ,one LORRAINE. MARZINEZZ-e-6--Y224 • 4 . f'D"."-'1,0!` ••••