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Home My WebLink About17234 ORD - 09/01/1982jbd/mb/8-27-82;3rd AN ORDINANCE AMENDING ORDINANCE NO. 17112 ENACTING A CODE OF ETHICS FOR CITY OFFICIALS AND EMPLOYEES TO INCLUDE MUNICIPAL COURT JUDGES WITHIN THE DEFINITION OF "CITY OFFICIAL OR OFFICER", EXCLUDE REMOTE OR INCIDENTAL INTERESTS FROM APPLICATION OF THE CODE, DELETE CERTAIN BOARDS AND COMMISSIONS FROM APPLICATION OF SECTION 4(e), RESTRICT DISCLOSURE OF INTEREST REQUIREMENTS TO CITY OFFICIAL, EMPLOYEE, AND BOARD MEMBER INTERESTS, DELETE ELECTRICIAN LICENSE, SOLICITATION PERMIT, AND PLAT APPLICANTS FROM DISCLOSURE REQUIREMENTS, LIMIT DISCLOSURE REQUIREMENTS CONCERNING BUSINESS NOT REQUIRING COUNCIL BOARD OR COMMISSION ACTION TO THOSE BUSINESSES DESIRING TO SELL GOODS OR SERVICES TO THE CITY WHERE THE VALUE WILL EXCEED $100 PER YEAR, AND DELETE DISCLOSURE REQUIREMENTS CONCERNING MAGAZINE SUBSCRIPTIONS AND MEMBERSHIPS IN PROFESSIONAL OR TRADE ORGANIZATIONS RELATED TO MUNICIPAL OPERATIONS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 17112, the Code of Ethics for City officials and employees, included within Chapter 2 of the City Code of Ordinances be amended as follows: A. Amending Section 3(b) of the subject Ordinance to read as follows: follows: City Officialor 'Officer'. The Mayor, and members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges (including substitute judges)." B. Amending Section 3(e) of the subject Ordinance to read as "Interest". Direct or indirect (but not remote or incidental) pecuniary or material benefit accruing to a city official 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 17234 sEp z 6 1984 Amended by Ordinance NO.. / cY9 MIGROMMED Date: similarly situated. An interest is remote or incidental if its value will not increase or decrease materially by reason of the action or decision of the City concerning the contract or transaction. The interest of a subcontractor of a business contracting directly with the City will generally be considered incidental if the subcontractor (1) is not one of the principals, in name or in substance, to the contract with the project, (2) does not contract directly with the City on the project, (3) receives a fair and reasonable compensation consistent with actual market value of services and goods actually rendered or produced, and (4) does not operate as a subterfuge to circumvent application of this Code of Ethics." C. Amending Section 4(e) to delete "Board of Equalization", and renumbering the remaining boards and commissions accordingly. D. Amending Section 4 of the subject Ordinance to add the following unnumbered paragraph following Section 4(q) to read as follows: "Nothing in this Section 4 should be construed to discourage City officers, employees, and board members from being members of, or participants in the non-political activities of non-profit organizations when such membership or participation would not be inconsistent with the proper discharge of their official duties or would not tend to impair their independence of judgment or action in the performance of their official duties." E. Amending Section 9(a) of the subject Ordinance to read as follows: "Any business desiring City Council, Board, Commission or committee consideration or action concerning that business (other than granting an electrician license, solicitation permit and approving a plat) shall, prior to its placement as an agenda item on the public notice of such body, filed with the City (and if a vendor, filed with the City's Purchasing Agent) a statement specifically naming any City employee, official, and board member having an ownership interest in the business constituting three percent (3%) or more of the ownership, or having any pecuniary interest in the transaction or property which is the subject of consideration or action." E. Amending Section 9(b) of the subject Ordinance to read as follows: In the case of any business desiring to sell goods or services to the City (except when the value of the goods or services is not reasonably anticipated to exceed $100 per calendar year), but which does not require City Council, board, commission, or committee consideration or action, the business shall file with the City's Purchasing Agent a statement specifically naming any City employee, official, and board member having any ownership interest in the business constituting three percent (3%) or more of the ownership, or having any pecuniary interest in the transaction. This provision does not apply to or include the purchase of magazine subscriptions and memberships in professional or trade organizations related to municipal operations." F. Amending Section 12 of the subject Ordinance to delete the words "shall be sworn and. SECTION 2. Effective date. This Ordinance shall become effective upon publication. SECTION 3. Publication. Publication shall be made one time in the official publication of the City of Corpus Christi, by publishing the caption of this Ordinance stating in substance the purpose, intent, and effect of the aforesaid Ordinance. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for maintaining efficient administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three ' i regular meetings so that this ordinance is passed and shall take effect upon first reading and publication as an emergency measure. ATTEST: ecret'a96(ry APPROVED: t DAY OF SEPTEMBER, 1982 2 . B uce Aycock City Attorney MAYOR THE CIT OF CORPUS CHRISTI, TEXAS #V401014 PUBLISHER'S AFFInAVIT GITY OF C . C. STATE OF TEXAS, }as: County of Nueces. Before me, the undersigned, a Notary Public, this day personally came ........ ............ LORRAINE C. MARTINEZ , who being first duly sworn, according 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. 17234,... of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TI MES on the...6.tb._ day °L....SEP—TEO-Fat— 19 82, and once each_..dp y thereafter for ..ame consecutive.da.y — Times. LORRAINE C. MARTINEZL At "22042 ACCOUNTING CLERK Subscribed and sworn to before me this 10th EUGENIA S. CORTEZ ' Public, Nueces County, Tex 19 ........... SEPTEMBER Corpus Christi, xas ki day of , 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is, introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky MAYOR THE CITY OF CORPUS CHRISTI, TEXAS was passed by the following vote: 17234 NOTICE 0 ATM. ,OF ORDINANCE A NO. -17234 AMENDING ORDI- NANCE NO, 17112 ENACT- ING A COCIte- OF ETHICS FOR ore OFFIckALSAND EMPLOYES TO IN- CLUL)E MUNICIPAL COURT JUDGES WITHIN THE DEFINITION OF "CITY OFFICIAL OR OF- FICER", EXCLUDE RE- MOTE OR INCIDENTAL INTEREST FROM APPLI- CATION OF THE CODE, DELETE CERTAIN BOARDS AND COMMIS- SIONS FROM APPLI- CATION OF SECTION Afel, RESTRICT DISCLOSURE OF INTEREST REQUIRE- MENTS TO CITY OFFICAL, EMPLOYEE, AND BOARD MEMBER INTERESTS, DELETE ELECTRICIAN LICENSE, SOLICITATION PERMIT, AND PLAT AP- PLICANTS FROM 01 3. CLOSURE REQUIRE- MENTS , LIMIT DISCLOSURE REQUIRE- MENTS CONCERNING BUSINESS NOT RE- QUIRING COUNCIL BOARD OR COMMISSION ACTION TO THOSE BUSI- NESSES DESIRING TO SELL GOODS OR SER.; VICES TO THE CIT's4 WHERE THE VALUE WILU EXCEED_s100 PER YEARI AND DELETE D1S ,CLOSURE REQUIRE tAENTS CONCERNING MAGAZINE SU0SCR11-9:TT ONS . AND MEMBER.' SHIPS IN PROFESSIONAL) 019/..T.RADE-ORGANIZA., TIONS RELATED TO MUt NICIPAL OPERATIONS; AND DECLARING AN EMERGENCY. Was passed and approved 17* the City Council of the Cityof, Corpus,Christi, Texas on the, 1st day of September, 1982 The full text of said Orth - hence is available to the pub:, in the Office of the City' Secretary. -0-13,11 G, Read, City Secretary Corpus ChristIt Texas