HomeMy WebLinkAbout020637 ORD - 03/28/1989TEXAS:
As Passed, on . Second
Reading -03-21-89
AN ORDINANCE
CREATING AN ETHICS COMMISSION; AMENDING THE CITY CODE,
CHAPTER 2, ADMINISTRATION, ARTICLE V, CODE OF ETHICS, TO
ADD A NEW DIVISION 2, FINANCIAL DISCLOSURE; AND PROVIDING
FOR SEVERANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That:
(a) An ethics commission is created as a special committee to study the ethics
ordinance. The commission shall consist of nine (9) members.
(b) Members may be nominated for the ethics commission by professional and
community organizations in the city, and interested individuals may also
submit their names for consideration. The city council shall appoint the
members of the ethics commission by a vote of six plus one members of the
council.
(c) Commission members shall be appointed for a three-month term.
(d) The commission shall elect a chairperson and a vice chairperson from its
membership. The vice chairperson shall act as chairperson in the absence
of the chairperson or in the event of a vacancy in that position. A
majority of the commission shall constitute a quorum.
(e) The commission shall have such meetings as may be necessary to fulfill its
responsibilities. The chairperson or any three members may call a meeting
provided that reasonable notice is given to each member. The commission
shall comply with the Texas Open Meetings Act.
The ethics commission shall review the code of ethics, conduct public
hearings, and make recommendations to the city council as to changes in the
code of ethics.
(f)
SECTION 2. That the City Code, Chapter 2, Administration, Article V,
Code of Ethics, is hereby amended by placing the present sections under the
title "Division 1, Rules of Conduct," and adding a new Division 2, Financial
Disclosure, to read as follows:
DIVISION 2. FINANCIAL DISCLOSURE
Sec. 2-351. Definitions.
(a) "Person" means an individual, proprietorship, firm, partnership,
joint venture, syndicate, trust, company, corporation,
association, committee, estate, receiver, entity, or any other
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ON 2MD p/A/a. IN eit:ii-eir)
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As Passed on.Second
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organization or group of persons acting in concert, whether
profit or nonprofit.
(b) "Reporting official" means city councilmembers, municipal court
judges (including substitute judges), city manager, assistant
city managers, city secretary, city attorney, department heads,
and all members of the planning commission, the civil service
board, and the civil service commission.
Sec. 2-352. Required Reports.
On or before the last Friday of April 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. Members of the city council and the planning
commission shall also file with the city secretary a supplemental
report of financial information by the last Friday of July covering
the most recent January 1 through June 30.
Sec. 2-353. Content of reports.
The reports required by Section 2-352 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 to
the reporting official.
(a) The names and addresses of all sources of income which exceed
10 percent of the reporting official's gross income, or $5,000 in
salary, bonuses, commissions or professional fees, or $20,000 in
payment for goods, products, or non-professional services.
(b) The name and address of any corporation, partnership or other
business organization in which the reporting official held,
owned, acquired or sold stock or other equity ownership having a
value exceeding $5,000 or equivalent to 10 percent or more of the
stock or equity in the entity.
(c) An itemized list of all real property in Nueces County or any
adjoining county in which the reporting official held any legal
or equitable ownership with a fair market value of $2,500 or
more. The list shall include a description sufficient to locate
the property and shall include all such property held by a
business entity which the reporting official is required to
disclose under subparagraph (b) above.
(d) The name and address of any person to whom the reporting official
was indebted in excess of $10,000. "Indebted" includes
obligations on which the reporting official is a guarantor or
208JB037.ord
As Passed on . Second
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co-signer, in which case the names of the borrower and lender
shall be listed.
(e) The name and address of any person who is the obligor on any
note, bond, loan or any other similar obligation, written or
unwritten, owed to the reporting official which equals $10,000 or
more.
(f)
(9)
All boards of directors or governing bodies of which the
reporting official is a member, and all offices or executive
positions the reporting official holds in corporations,
partnerships, limited partnerships, professional corporations,
associations, or other entities, including non -business and
non-profit entities, stating the name of each entity and position
held, and excluding entities owned or created by the city.
The name and address of any person from whom the reporting
official received gifts or favors, including but not limited to
trips, excursions, food, lodging, money or commodities,
cumulatively exceeding $200 in value. The nature and date of
each gift received shall be specified. Provided, however,
campaign contributions reported as required by state law and
gifts or favors from relatives need not be reported hereunder.
Sec. 2-354. Reports to be Sworn and Maintained.
All reports of financial information required by this division
shall be sworn, and shall be preserved for five years as public
records.
Sec. 2-355. Filing Dates for Reports.
Reports required by this division must be physically filed with
the city secretary by 4:45 p.m. on the day required for filing. When
the day falls on an official city holiday as established by the city
council, the deadline for receipt by the city secretary is extended to
4:45 p.m. of the next day which is not a Saturday or Sunday or
official city holiday.
Sec. 356. Voluntary reports.
Any city official, employee, or board member may file reports
exceeding the requirements of this article, and said reports shall be
preserved in the same manner as required reports.
SECTION 2. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be 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.
208JB037.ord
That the foregoing ordinance was read for the first time and passed to its
second reading on this the day of , 19 , by the
following vote:
Betty N. Turner Bill Pruet
David Berlanga, Sr. Mary Rhodes
Leo Guerrero Frank Schwing, Jr.
Clif Moss Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for the, second time and passed to its
third reading on this the `,� day of //meek/ , 19 8 , by the
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for the third time and passed finally on
, 19 , by the following vote:
Betty N. Turner Bill Pruet
David Berlanga, Sr. Mary Rhodes
Leo Guerrero Frank Schwing, Jr.
Clif Moss Mary Pat Slavik
Linda Strong
this the day of
PASSED AND APPROVED, this the day of
ATTEST:
City Secretary MAYOR
APPROVED:
_DAY OF frf..'e
HAL GEORGE, CITY ATTORNEY
tant City Atney
99.044.01
1981
, 19•
THE CITY OF CORPUS CHRISTI, TEXAS
As Passea First
Reading on 2-28-89
AN ORDINANCE
AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION,
ARTICLE V, TO ESTABLISH RULES OF CONDUCT FOR CITY OFFICIALS,
EMPLOYEES, AND BOARD MEMBERS, AN ETHICS REVIEW PANEL,
FINANCIAL DISCLOSURE, AND FINES AND PENALTIES FOR
VIOLATIONS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Code, Chapter 2, Administration, Article V,
Code of Ethics, is hereby amended to read as follows:
Og-P/N4NCe. fps PASSED an/
/-ST D NG. (ivr / fFfE7)
208JB037.ord
ARTICLE V. CODE OF ETHICS
DIVISION 1. RULES OF CONDUCT
Sec. 2-311. Definitions.
As used int
this article, the following words shall have the meanings herein
ascribed to them:
A voting or advisory member of a standing board, commission,
(a) Board Member:
or committee of the city, including the ethics review panel, and excluding
a member ofaboard,
commission or committee jointly appointed by the city
and another entity.
entity operated for economic gain, including, but not
(b) Business entity:Any p
limited to , a sole proprietorship, partnership, firm, corporation holding
company, stock company, joint venture, receivership or trust.
Counci l members , city manager, assistant city managers, city
(c) City official.:
secretary, city attorney, department and division heads, and municipal
al
court judges (including substitute judges).
(d) Councilmember: The mayor and members of the city council.
(e) Employee:
Anyindependent by the city whether under civil service or
person employed
not, but not an contractor.
(f) Interest: A pecuniary or material interest which will likely increase or
materially as a result of a city decision, action, or transaction,
decrease
except for utility ity service, public facility rentals, tax levies, and similar
actions or transactions which confer the opportunity and right to realize
similar benefits to all other persons and property similarly situated.
Personal interest: relationship, connection, affiliation, or association
based upon:
(1) holdingoffice, active membership, or employment in an organization or
entity within the last year;
(2) being a relative as herein defined.
(h) Relative: spouse, father, mother, brother, sister, son, daughter, spouse's
children, grandfather, grandmother, uncle, aunt,
nephew, niece, grandson, randson,
granddaughter, first cousin, father in law, mother in law, brother's spouse, ,
sister's spouse, son in law, daughter in law, grandfather in law,
grandmother i n law, uncle by marriage, aunt by marriage, nephew's wife,
niece's grandson husband, in law, granddaughter in law, first cousin's
spouse, adoptive relationships being treated as natural.
(g
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(i) Substantial interest:
(1) in a business entity when:
(a) the person owns 10 percent or more of the voting stock or shares
or of the fair market value of the business entity or owns $5,000
or more of the fair market value of the business entity; or
(b) funds received by the person from the business entity exceed
10 percent of the person's gross income for the previous calendar
year.
(2) in real property when the interest is an equitable or legal ownership
with a fair market value of $2,500 or more.
The person is considered to have a substantial interest if a relative, as
defined herein, has a substantial interest.
(j) Willful: With evil intent or without reasonable grounds to believe the act
authorized under Section 2-314(a).
Sec. 2-312. Declaration of policy.
It is the policy of the city that the proper operation of democratic
government requires that city officials, employees, and board members be
independent, impartial and responsible to the people; that governmental
decisions and policy be made in proper channels of the governmental structure;
that public office and employment not be used for personal gain; and that the
public have confidence in the integrity of its government. In recognition of
these goals, a code of ethics for all city officials, employees, and board
members is adopted.
This code has four purposes: (1) to encourage high ethical standards in
official conduct by city officials, employees, and board members; (2) to
establish guidelines for ethical standards of conduct for all such persons by
setting forth those acts or actions that are incompatible with the best
interests of the city; (3) to require disclosure by such persons of private
financial or other interests in matters affecting the city; (4) to serve as a
basis for disciplining those who fail to abide by its terms; and (5) to promote
a feeling of trust in their citizens.
Sec. 2-313. Responsibility of public office.
Public officials are agents of public purpose and hold offices for the
benefits 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.
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Sec. 2-314. Standards of conduct.
(a) No yofficial, employee, or board member shall:
cit
any money,property, service or other thing of value
(1) Accept or solicit p p know
byof gift, favor, loan or otherwise which he knows or should
way nt to influence said person i n
is being offered or given with the i me
the discharge of official duties, or in return for having exercised or
performed official duties.
(2) Use the officialposition osition to secure special privileges or exemptions
for himself or others.
special anys ecial consideration, treatment or advantage to any
business organization or group beyond that which
citizen, individual, g business
is
available to every other citizen, individual,
organization or group.
(4) Disclose
information that could adversely affect the property,
government or affairs of the city, or directly or indirectly use any
information gainedby reason of his official position for his own
personalgain or benefit or for the private interest of others.
Have an
interest in anycontract with the city except as follows:
a. The interest of a subcontractor of a business contracting with
the city is excepted if the subcontractor:
i.
Is nota principal, i n name or substance, to the contract
with the city;
ii. Does not contract directly with the city on the project;
iii. Receives compensation consistent with actual market value of
services and9 oods actually rendered or produced; and
iv. Does not operate as a subterfuge to circumvent application
of this article.
'tion bythe city of an interest in real • property is
b. Acquisition .
i f acquisition would otherwise be accomplished through
excepted
eminent domain and if the purchase price does not exceed fair
market value as determined by an independent appraisal.
is with board members are excepted if the member's board
c.
Contracts
has no advisory, supervisory or other cognizance, direct or
indirect,present or prospective, with respect to the contract.
Provided, however, this exception does not apply with respect to
membersplanning of the commission, joint airport zoning board of
adjustment, building standards board, board of adjustment, civil
(3)
(5)
204JB002.doc 3
service board and commission, human relations commission, and
ethics review panel.
se of property bya board member from the city is
d. A purchase p p Y
excep ted if based on high bid at a fairly noticed and conducted
auction.
i n which a city official, employee, or board member
e. A contract
has an interest, whether known at the time of contracting or
discovered later, is voidable at the discretion of the city.
(6) Fail to disclose,
abstain, or otherwise act as required by
Section 2-315, or violate Sections 2-317 or 2-319.
Engage in any
outside activities which will conflict with, or will be
with,his or her city responsibilities, or , reflect
incompatible position will
discredit upon the city, or in which his or her city , po •
p
provide an advantage over others engaged in a similar business,
g
vocation or activity.
or engage in outside activities incompatible
(8) Accept other employment
with the full and proper discharge of his duties and responsibilities
or which might impair his independent judgment in the
with the city, g e
performance of his public duty. No employee may act exceptuponapproval by the employee's pt any outside
employment supervisor under
rules promulgated by the City Manager to prohibit incompatibility
with
City employment or to prohibit conflict of interest.
Receive anyfee or compensation for his city services from any source
provided bylaw. This should
other than the city, except as may be, •
h 'bit his s erformi ng the same or other services for a private
not pro � p
organization that he performs for the city if there is no conflict
with his city duties and responsibilities.
while e a city official or employee, directly or indirectly,
(10) Represent, w before anyagency
ora ear in behalf of private interests of others 9 y
pp
city or anycityboard, commission or committee, . or represent
of the c y proceeding involving
anyprivate interest of others in any action or p .g
•behalf of others i n any litigation ti gati on to which
the city or participate on the city tymighta party, be or ever accept any retainer or compensation
that is contingent upon n ent u on a specific action taken by the city or any of
its agencies. Provided, however, nothing herein shall require a
councilmember to abstain from voting on maters involving non-profit,
rofit,
tax-exempt entities of which he or she is a member or officer, unless
the councilmember feels his or her vote could not be fair and
impartial.
Represent, while a board member, directly or indirectly, or appear on
(11) p �
behalf of the private interest 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
(7)
(9)
204JB002.doc 4
committee for which he is a member with regard to matters which may be
the subject of specific action by any such body. Provided, however,
nothing herein shall require a board member to abstain from voting on
matters involving non-profit, tax-exempt entities of which he or she
is a member or officer, unless the board member feels his or her vote
could not be fair and impartial, and nothing herein shall prevent a
board member from appearing before the council or other appellate body
on such matters on behalf of the board of which he or she is a member.
(12) With the exception of a city councilmember, use the prestige of his
position with the city on behalf of any political party.
(13) 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.
(14) Use city supplies, equipment or facilities for any purpose other than
the conduct of official city business.
(15) 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.
(16) Represent, directly or indirectly, any private person, group or
interest other than himself in any action or proceeding against or
adverse to the interest of the city or any litigation in which the
city or any agency thereof is a party.
(17) 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 which was instituted by a city officer or
employee in the course of official duties.
(18) Fail to timely make the financial disclosures required by Division 3
of this article.
(19) Fail to comply with a subpoena under Section 2-342.
(b) Nothing in this section should be construed to discourage city officers,
employees and board members from being members of, or participants in, the
nonpolitical activities of nonprofit 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.
Sec. 2-315. Participation by interested official, employee, or board member.
(a) If a city official, employee, or board member has an interest, a
substantial interest, or a personal interest in any matter to be or being
considered by any city agent or agency, said official, employee, or board
member shall not participate, personally or through another, in
204JB002. doc 5
consideration of, decision-making on, or influencing the matter except as
expressly permitted in this section.
(b) "Participate" as used in the preceding paragraph means:
(1) If a council or board member, to debate, discuss, deliberate, or vote.
(2) To prepare oral or written reports.
(3) To render oral or written advice.
(4) To testify before a public body.
(5) To discuss the subject or submit letters or documents relating thereto
with any city official, employee, or board member who may influence,
recommend, or decide the matter.
(6) To issue a denial or approval.
(7) To act upon or attempt to influence the matter in any other way.
(c) When a council or board member is required by this section not to
participate in a matter, the member shall publicly announce the conflict
and file a written report thereof with the city secretary, or in the
secretary's absence with the presiding officer for filing with the city
secretary, prior to action on the matter.
(d) As an exception to the prohibition against participation established in
this section, a city official, employee, or board member with an interest
in a matter may participate if he or she:
(1) Publicly declares (1) what the interest i s , and (2) that he or she is
acting as an individual citizen and not in a city capacity, by filing
a written statement to that effect. The declarant shall file the
statement with the city secretary with a copy to the city manager and
the decl arant' s department head, if any, and shall present a copy to
any city officer, employee, or entity contacted as to the matter.
(2) Limits participation to:
a. Contacting in person or by representative city counci l members or
members of a board having cognizance of the matter only during an
open meeting of such body.
b. Contacting in person or by representative other officers,
employees or board members only where he or she files, with the
city secretary within 24 hours of the contact, a written
statement specifying who the contact was with, the nature of the
contact, the subject of the contact, the time, place and length
of the contact, and the name of any representative.
204JB002.doc 6
(e) As an exception to the prohibition against participation established in
this section, a council or board member may vote on matters involving
non-profit, tax-exempt entities of which he or she is an officer or member,
unless said member feels his or her vote could not be fair and impartial.
(f) As an exception to the rule against participation established in this
section, a board member required by statute, charter or ordinance to be
selected from a particular class of persons, commonly known as an
"industry" representative or other special member, may deliberate and
vote on matters in which his or her interest is the same as that of
the industry or class represented.
(g) As an exception to the rule against participation established in this
section, a council or board member may participate if a majority of the
council or his or her board are required to file the written report in "c."
(h) Nothing herein shall prevent a public official, employee, or board member
from disclosure and abstention from participation, even though not
required, where he or she feels circumstances exist which might unfairly
influence his or her vote or which might cause anappearance of
impropriety.
Sec. 2-316. Freedom of expression.
Nothing contained in this article 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, except as limited by this
ordinance or other statutes, ordinances, or charter provisions.
Sec. 2-317. 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.
Sec. 2-318. Disclosure of interest.
(a) 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.
(b) Any business desiring city council, board, commission or committee
consideration or action concerning that business shall, prior to its
204JB002.doc 7
placement as an agenda item on the public notice of such body, file with
the city (and if a vendor, file with the city's purchasing agent) a
statement specifically naming any city employee, official and board member
having an ownershipinterest in the business constituting five (5) percent
or more of the ownership, or having any interest in the transaction or
property which is the subject of consideration or action.
(c) In the case of any business desiring to sell goods or services to the city
when the value of the goods or services is not reasona(except bly
anticipated to exceed one hundred dollars per calendar year), but which
does not require city council, board, commission or committee consideration
u agent action, the business shall file with the city's purchasing a
statement specifically naming any city employee, official and board member
having any ownership interest in the business constituting five (5) percent
or more of the ownership, or having any 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.
Sec. 2-319. Gifts or loans.
If any city official, board member or city employee has accepted or
purported to accept any item by way of gift or loan on behalf of the city, such
gift ft 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, ft, or as a loan to the city in the case of a loan, if validly accepted.
Sec. 2-320. Forms.
The city manager shall promulgate forms on which statements required by
this division may be made and shall make them available to all persons subject
to the terms of this division.
Sec. 2-321. Public records.
All statements required by this division shall constitute public records.
Sec. 2-322. Penalty for violations.
(a) Willful violation by a councilmember of any standard set forth or
incorporated in Section 2-314(a) shall constitute grounds for removal
suspension not exceeding three months, or reprimand by the city council.
(b) Willful violation by a board member of any standard set forth or
incorporated in Section 2-314(a) shall constitute grounds for removal,
temporary suspension, reprimand, or other sanction or corrective action
within the power of the city council.
(c) Willful violation by an employee or city official other than a council or
board member of any standard set forth or incorporated in Section 2-314(a)
204J6002.doc 8
shall constitute grounds for termination, demotion, temporary suspension,
reprimand, letter of counsel, counseling, retraining, or any other sanction
or corrective action within the power of the supervising authority.
Anywillful violation of this article may be prosecuted in Municipal Court,
(d)
and upon conviction, shall be punishable by a fine as provided in
Section 1-6 of this code.
Secs. 2-323 - 2-330. Reserved.
DIVISION 2. ETHICS REVIEW PANEL; POWERS, PROCEDURES.
Sec. 2-331. Required; functions.
There shall be created an ethics review panel.
Sec. 2-332. Members.
(a) The ethics review panel shall consist of five members.
(b) The governing bodyof each of the following community organizations shall
appoint from their membership one panel member subject ect to confirmation by
the city council: Corpus Christi Chapter of the Texas Society of Certified
Public Accountants, Corpusus Christi Bar Association, Corpus Christi i
Ministerial Alliance, local chapter of American Association of University
Women. Those members shall appoint one former judge of a Texas district
court, court of appeals, l s , or the supreme court to serve as the fifth member
pp appointments
subject to confirmation by the city council. Consideration in
and confirmation shall be given to community composition. If any of said
organizations
fails to make an appointment which is confirmed by council,
designate councilmaydesi nate another community organization to make the
appointment.
hold office for a twoyear term commencing June 1, and may
(c) Members shall not succeed themselves. Provided, however, the initial terms of two
year, one
shall be as determined by lot. No holding over is
permitted tted except as expressly provided in this section.
(d) No yofficial, employee, or board member may serve on the panel.
cit
(e) Members shall be subject to Article VII, Section 4, of the city charter.
(f) In addition to the council's usual powers of removal, members of the
panel may be removed by a majority of the council for violation of this
article. In considering a complaint filed with the city secretary or
on its own initiative, the council may follow the procedures hereinafter
set forth regarding n the disposition of alleged violations of this article.
9 9
All vacancies shall be filled for the unexpired terms. A member shall hold
(g)
office until his successor has been appointed, and shall continue to hold
office after his successor has been appointed for the limited purpose of
204JB002.doc 9
disposition of all complaints filed and for which presentation of evidence
was commenced during that member's term.
Sec. 2-333. Chairperson; quorum.
Thep anel shall elect a chairperson and a vice -chairperson. The
vice -chairperson shall act as chairperson in the absence of the chairperson or
in the event of a vacancy in that position. Three members of the panel shall
constitute a quorum.
Sec. 2-334. Meetings.
The panel shall have such meetings as may be necessary to fulfill its
• •members maycall a meeting
responsibilities. The chairperson or any three
provided that reasonable notice is given to each member. The panel shall comply with the Texas Open Meetings Act.
Sec. 2-335. Duties.
(a) The panel shall, in addition to its other duties:
(1) Prepare and publish materials explaining the duties of individuals
subject to this article;
(2) Review all statements and reports filed with the city ;
(3) Review this article and make appropriate recommendations to the city
council; and
(4) Review all public opinions related to this article that are issued by
the city attorney.
(b) The panel may:
(1) Adopt rules of procedure for the conduct of its business and to carry
out the provisions of this article, consistent with this article and
other applicable law.
(2) Prepare reports and studies to advance the purposes of this article;
(3)
and
Request the city council and city manager to provide such assistance
as it may require in the discharge of its duties.
Sec. 2-336. Staffing.
(a) The panel shall be assigned staff by the city attorney to assist in its
duties.
(b) When complaints are filed, independent legal counsel shall be utilized to
advise the panel and participate in hearings. The panel shall annually
204JB002.doc 10
designate independent legal counsel from a list of attorneys submitted by
g P
the Corpus Christi Bar Association. The panel shall designate new counsel
from the Corpus Christi Bar Association list of attorneys at any time the
designated counsel is no longer able to serve. Such independent legal
counsel shall be deemed a "reporting official" subject to Division 3 of
this article.
Sec. 2-337. Legal opinions and services.
official, employee or board member may submit a written request,
(a) Any city
to the city manager for an opinion concerning the meaning or effect of any
section, word, or requirement of this article as it affects such official,
employee or board member. The city manager shall submit such request to
the city attorney, who will promptly issue a written opinion to the city
manager. Such opinion shal l be filed with the city secretary with a copy
g
to the requesting person shall constitute an authoritative determination of
the meaning of this ordinance, until amended by the council.
(b) If a complaint is filed with the ethics review commission about any
p
specific action, omission, or alleged conflict of interest by the charged
person which has been the subject, in whole or in part, of a city
p
attorney's opinion, the independent legal counsel shall act as panel
attorney on said complaint.
Sec. 2-338. Complaints.
(a) A sworn complaint alleging violation of this article shall specify the
provisions of Section 2-314(a) alleged to have been violated and facts
alleged to constitute the violation.
(b) Upon the sworn complaint of any five people filed with the city secretary's
office, the panel shall consider possible violations of this article by
city officials and board members and former city officials and board
members other than members of this panel.
(c) A complaint alleging a violation must be filed with the city secretary
within two years from the commission of the action alleged as a violation,
and not afterward.
(d) Not later than three working days after the city secretary receives a sworn
complaint, he or she shall acknowledge receipt to the complainants, and
provide a copy to the city attorney, the panel and the person complained
against. Not later than ten working days after receipt of a complaint by
the city secretary, the panel shall notify in writing the person who made
the complaint and the person complained against of a date for a preliminary
hearing. If the panel does not hold a preliminary hearing within 20
working days of receipt of the complaint by the city secretary, it shall
notify the complainants of the reasons for the delay and of the hearing
date.
204JB002.doc 11
Sec. 2-339. Prohibition of ex parte communications.
After a complaint has been filed and during the pendency of a complaint
before theP anel, a member of the panel may not communicate directly or
indirectlyregarding with any party or person about any issue of fact or law the
complaint, except at a meeting of the panel.
Sec. 2-340. Preliminary hearing.
(a) The issue at a preliminary hearing shall be the existence of reasonable
grounds to believe that a violation of this article has occurred. All five
persons filingthe complaint must appear at the preliminary hearing. The
person filing a complaint shall state the alleged violation and shall
describe in narrative form the testimony and other evidence which would be
presented to prove the alleged violation as stated in the written
complaint. Statements at a preliminary hearing shall be under oath, but
there shall be no cross-examination or requests for persons or evidence
issued for the hearing. Panel members or the panel's attorney may question
the complainants or the person complained against.
(b) The person complained against shall have the opportunity to respond, but is
not required to attend or make any statement. Said person may describe in
would be
narrative form the testimony and other evidence whichpresented to
disprove the alleged violation. If said person agrees that a violation has
p 9
occurred, the panel may consider the appropriate recommendation.
(c) The collectively and each person complained against shall have
complainants
the right of representation by counsel.
(d) At the conclusion of the preliminary hearing, the panel shall decide
whether a final hearing should be held. If the panel determines that there
are reasonable grounds to believe that a violation of Section 2-314(a) has
occurred, it shall schedule a final hearing. If the panel does not
determine that there are reasonable grounds to believe that a violation has
occurred, the complaint shall be automatically dismissed. A decision to
conduct a final hearing is not a finding that a violation has occurred.
(e) The panel, at any time during the preliminary hearing, may dismiss a
complaint which does not allege conduct which would be a violation of
Section 2-314(a) . Before a complaint is dismissed for failure to allege a
violation, the complainants shall be permitted one opportunity, within two
weeks, to revise and resubmit the complaint.
Sec. 2-341. Final hearing.
The final hearing shall be held as expeditiously as possible following the
determination of reasonable grounds; such hearing shall commence no more than
thirty days after said determination. The panel may grant two postponements,
not to exceed 15 days each, upon the request of the person complained against.
Provided, however, the panel may delay commencement of a hearing for good cause
such as a hurricane or unavailability of a material witness.
204JB002.doc 12
The issue at final hearing shall be whether the violation alleged in the
occurred. Thepanel shall make its determination based on the
complaint ,witnesses shall testify
of credible evidence in the record. All
preponderance
under oath. Strict rules of evidence shall not be required. If the panel
a violation has occurred, it shall state its findings in
determines that
wri ti n shall identify the particular provisions which have been violated, and
within g' five working days shall deliver 1 i a copy of the findings to the
complainants, the person complained against, and the city secretary.
Sec. 2-342. Oaths and compelling evidence.
proceeds to final hearing, the panel may subpoena witnesses
I f a complaint •.
estif administer oaths, take evidence and subpoena the
to attend and testify, �
roducti on of books papers, records, or other evidence needed for the
p,
of the panel's duties or exercise of its powers, including its
performance p
duties and powers of investigation.
Sec. 2-343. Prosecution.
If the panel determines that a violation of any penal section of this article
shall deliver a copyof its findings ndi ngs to the complainants, the
has occurred, i t
person complained against, and the city attorney,recommending whether
prosecution should be initiated or setting forth requirements to be complied
with in order compliance that voluntary may be had and final determination
obtained. ned. Said findings shall also be delivered to the county attorney or
district attorney, if a violation may be within their jurisdiction.
Sec. 2-344. Sanctions.
panel determines that a violation occurred, it shall proceed
(a) If the The
directly to determine its recommendation of appropriate sanctions.•
y
may receive additional testimony or statements before considering
panel y
sanctions, but is not required to do so. If the city official or board
member named in the complaint acted in reliance upon a public written
opinion of the city attorney, the panel shall consider that fact.
(b) If the panel determines that a violation has occurred, it may recommend the
following:
(1) Against a councilmember or against a board member or city official
appointed or confirmed by the council, reprimand, temporary
suspension, removal, or any other sanction or corrective action within
susp �
the power of the city council, and/or recall by the citizens.
Against a cityofficial other than those in (1), that appropriate
(2) g
action be taken, as deemed necessary by the supervising authority.
(c)
In determining its recommendation, the panel shall consider the seriousness
• g • deterrence,the impact on public
of the violation, the importance ofp
confidencegovernment, in the violation's repeated or isolated nature, the
204JB002.doc 13
mental state with which the violation was committed, and the prior record
of the person complained against.
(d) The recommendation shall be reduced to writing and transmitted to the
supervisory authority and to the person complained against.
p y
(e) If the panel finds that conduct occurred which, if willful, would violate
2-314 a but the commission cannot determine that the conduct was a
Section( )
willful violation because of ambiguity as to the meaning of
the standard of conduct involved, the panel will recommend no sanction, but
will issue a clarifying interpretation to guide future cases.
article shall change or affect the civil service, at will,
(f) Nothing in this
or other status of any employee, official, or board member as established
by the city charter and ordinances.
(g) The city councilsupervisory or su ervi sor authority shall consider the recommendation
of the ethics review panel, but will exercise its own judgment and
discretion in determining what action, if any, to take.
Secs. 2-345 - 2-350. Reserved
DIVISION 3. FINANCIAL DISCLOSURE
Sec. 2-351. Definitions.
(a) "Person" means an individual, proprietorship, firm, partnership, joint
venture, syndicate, trust, company, corporation, association, committee,
' or group receiver, entity, or any other organization g p of persons
acting in concert, whether profit or nonprofit.
(b) "Reporting official" means city counci l members , municipal court judges
substitute judges), city manager, assistant city managers, city
(including
secretary, city attorney, department heads, and all members of the planning
commission, the ethics panel, the y civil service board, and the civil
service commission.
Sec. 2-352. Reports.
(a) General reporting. By the last Friday of April of each year, reporting
officials shall file with the city secretary an Annual Statement Of
Financial Information covering January 1 through December 31 of the
previous year. Members of the city council, the ethics review panel, and
the planning commission shall also file with the city secretary a
Supplemental Statement Of Financial Information by the last Friday of July
covering the most recent January 1 through June 30.
(b) Letter of intention to file. No person shall be appointed to the ethics
review panel or planning commission who has not filed a Letter of Intention
To File Annual Statement Of Financial Information.
204JB002.doc 14
Initial reports shall be made by newly elected or
(c) Initial reporting.
appointed nted reporting officials. The candidate's report required by
Section
pp accurate,shall suffice as an elected
2-353, if complete and ber's initial report. Other reporting officials, including
councilmen p
appointed councilmembers, shall within 30 days of appointment,
file the
Annual Statement Of Financial Information. In addition, if already due for
an appointed councilmember or member of the ethics review
that year, pp
panel or planning commission shall also file the Supplemental Statement Of
Financial Information within said thirty days.
(d) Termination reporting. ng Reporting Re orti n requirements for reporting officials
leaving ng city service, voluntarily or involuntarily, are as follows:
(1) Council
and board members. Councilmembers and members of the ethics
review
panel and planning commission shall file, at their option, one
of the following:
a. At reporting the next re orti n date as established in (a), the Annual or
Supplementary ementary Statement for the entire period, regardless of
whether the full period was served.
b. Within n 30 days of leaving city service, the Annual or
Supplemental mental Statement covering any unreported reporting period
completed as of the date of leaving plus the additional period
served up to the date of leaving.
reporting officials. Other reporting officials shall file, at
(2} Other p g
their option, one of the following:
the next reporting date as established in (a), the Annual
a. At p g
Statement for the entire period, regardless of whether the full
period was served.
days Within 30 da s of leaving city service, the Annual Statement
covering any p unreported reporting period completed as of the date
of leaving plus the additional period served up to the date of
leaving.
Sec. 2-353. Content of reports.
The reports required bySection 2-352 shall contain the following
q
information for reporting period re orti n eri od by separate listing. In this section, the
report for the "reporting "re orti n 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 to the reporting official.
(a) Name and residence address.
(b) All occupational, professional,ational, or business licenses held by the reporting
p
official.
204JB002.doc 15
(c) The reporting official's occupations, the names of any businesses with
which the reporting official was associated, and the principal address and
phone number of each.
(d) The name and address of any person who made payments or provided gross
income to the reporting official exceeding $5,000, and a description of the
nature of the business of services for which such payment or income was
received. Provided, however, payments for sale of goods or products need
not be reported unless they exceed $20,000.
(e) The name and address of any person from whom the reporting official
received gifts or favors, including but not limited to trips, excursions,
food, lodging, money or commodities, cumulatively
exceeding $200 in value. The nature and date of each gift received
shall be specified. Provided, however, campaign contributions
reported as required by state law and gifts or favors from relatives
need not be reported hereunder.
(f) An itemized list of all real property within a 200 mile radius of Corpus
Christi in which the reporting official held any legal or beneficial
interest, containing a description sufficient to locate the property,
including the street address, and the present use of the property. Said
list shall include all such property held by a business entity in which the
reporting official owned or controlled at least a five percent interest.
The name and address of any person to whom the reporting official was
indebted in excess of $10,000, and the date(s) the debt was incurred. This
shall include any debt to a business entity in which the reporting official
owned or controlled at least a five percent interest. "Indebted" includes
obligations on which the reporting official is a guarantor, in which case
the names of the borrower and lender shall be listed.
�9)
(h) The name and address of the obligor (s) on any bond, note, security,
commercial paper, loan or other obligation, written or unwritten, held by
or owed to the reporting official, where such obligor's total obligations
to the reporting official exceed $10,000, and the date(s) the obligation
was incurred.
(1)
All boards of directors or governing bodies of which the reporting official
is a member and all offices or executive positions the official holds in
corporations, partnerships, limited partnerships, professional
corporations, associations, or other entities, including non -business and
non-profit entities, stating the name of each entity and position held, and
excluding entities owned or created by the city.
(j) The name of any business in which the reporting official held, owned,
acquired, or sold stock or other equity ownership exceeding $5,000 in value
or equalling five percent or more of the stock or equity in the entity.
204JB002.doc
16
Sec. 2-354. Financial disclosure by candidates.
Candidates for city
council shall file an Annual Statement Of Financial
covering January1 through December 31 of the previous year
Information _ and 2-353 with the city
containingthe information required by Sections 2-352
secretary within five days after filing for office. If the deadline for
i s after June 30, they shall also file a Supplemental Statement
candidate filing
Of Financial Information. If an incumbent candidate has previously filed a
statement for the appropriate p eri od (s) , that statement shall satisfy this
section.
Sec. 2-355. Statements to be sworn and constitute public records.
All public statements of financial information required by this division
shall constitute public records, and shall be preserved for
shall be sworn to,
five years.
Sec. 2-356. Filing dates for statements.
Annual statements
by this division must be physically filed with
the city secretary
on behalf of the panel by 4:45 p.m. on the last Friday in
April. Supplemental Statements must be physically filed with the city secretary
panel by4:45 .m. on the last Friday in July. When the last
on behalf of the p council,the
dayfalls on an official city holiday as established by city
deadline for receipt bycity
ecei t the secretary is extended to 4:45 p.m. of the next
day which is not a Saturday or Sunday or official city holiday.
Sec. 357. Voluntary reports.
Any city official, employee, or board member may file reports exceeding the
requirements
n s of this article, and said reports shall be preserved in the same
�
manner as required reports.
Sec. 358. Forms
The required re orts in Section 2-352 shall be in the following form:
p
204JB002.doc 17
ANNUAL STATEMENT OF
FINANCIAL INFORMATION
To each reporting n official under Section 2-351, City Code:
p 9
Provide
true, correct, and complete information for each part or
below for the period from January 1 through December 31,
subpart provided �� for both you
the "Reporting n Period." Such information must be provided
19 ' p g need not be
and your spouse, but information attributable to yourspouse
exce t parts (a), (b), (c), and (1).
segregated from that attributable to youp in
npart blank; i f you have nothing to report for any part, state
Do not leave any
"None." If more space is needed, add addendum pages with appropriate
references.
Part (a)
(1) State your
(a) full name
(b) residence address
(c) residence phone number
(2) State your spouse's
(a) full name
Part (b)
(1) As to all professional, occupational, or business licenses held by you
during the reporting period, state the following:
(a) the name, number, and nature of each license
(b) the name and address of the licensing authority
(2) List the same information as in (1) for your spouse.
Part (c)
(1) List all of your occupations during the reporting period.
(2) List all of your spouse's occupations during the reporting period.
(3) List the name, principal address, and phone number of each business
you were associated with during the reporting period.
(4) List the name, principal address, and phone number of each business
your spouse was associated with during the reporting period.
204JB002.doc 18
Part (d)
(1) As to each person who made payments to you and/or your spouse for the
sale of goods or products during the reporting period exceeding
$20,000 in total, state the following:
(a) the name and address of such person
(b) a description of the nature of the goods or products for which
payment was received.
(2) As to each person who made payments (other than for sale of goods or
products) or provided gross income to you and/or your spouse during
the reporting period exceeding $5,000 in total, state the following:
(a) the name and address of such person
(b) a description of the nature of the business or services for which
such payment or income was received.
Part (e)
As to each person from whom you and/or your spouse received gifts or favors
cumulatively exceeding $200 in value during the reporting period, state the
following:
(1) the person's name and address
(2) a description of each gift and the date it was received.
Part (f)
As to each tract of real property within a 200 mile radius of Corpus
Christi in which you and/or your spouse (or a business entity in which you
and/or your spouse owned or controlled at least a 5 percent interest),
owned any legal or beneficial interest during the reporting period, state
the following:
(1) the legal description of each such tract sufficient to locate the
property
(2) the street address, if any
(3) a description of the present use of the tract
Part (g)
As to each person to whom you and/or your spouse (and/or a business entity
in which you and/or your spouse owned or controlled at least a 5 percent
204JB002.doc 19
interest), were indebted in excess of $10,000 during the reporting period,
(including obligations on which you were a guarantor), list the following:
(1) their name and address
(2) the date(s) the debt or any part thereof was incurred
(3) as to any transaction in which you were a guarantor, list the names of
both the borrower and lender.
Part (h)
As to each person who was obligated to you and/or your spouse during the
reporting period in a total amount exceeding $10,000 (whether based upon
any bond, note, security, commercial paper, loan or other obligation,
written or unwritten, held by or owed to you and/or your spouse), list the
following:
(1) their name and address
(2) the date(s) the obligation or any part thereof was incurred.
Part (i)
(1) As to each corporation, partnership, limited partnership, professional
corporation, association, or other entity, whether for profit,
non -business, or non-profit, in which you were a member of the board
of directors or governing body or in which you hold an office or
executive position during the reporting period, list the following:
(a) the name and address of each such entity
(b) the position held
(2) List the same information as in (1) for your spouse.
Part (j)
As to any business entity in which you and/or your spouse held, owned,
acquired or sold stock or other equity ownership exceeding $5,000 in value
or equalling 5 percent or more of the stock or equity in the entity during
the reporting period, list the following:
(1) its name and address
I, the undersigned Reporting Official, do solemnly swear that I have
carefully read the above and foregoing answers within the Annual Statement of
204JB002.doc 20
Financial Information,every and that statement contained in each answer is
within my knowledge and is true, correct, and complete.
Signature
Name (printed)
Position during reporting period
VERIFICATION
STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME the undersigned Notary Public, on this day personally
appeared the Reporting Official, who
being by me duly sworn on [his/her], oath deposed and said that [he/she] is the
Reporting Official whose signature appears above, that [he/she] is duly
qualified and authorized to make this affidavit, that [he/she] has carefully
read the above and foregoing answers within the Annual Statement of Financial
Information, that every statement contained in each answer is within [his/her]
knowledge and is true, correct, and complete.
SUBSCRIBED AND SWORN TO BEFORE ME on the day of
19 to certify which witness my hand and official seal.
Notary Public in and for the
State of Texas
RECEIVED
bythe office of the City Secretary this day of
, 19
City Secretary (or deputy)
204J6002.doc 21
SUPPLEMENTAL STATEMENT
OF FINANCIAL INFORMATION
This statement shall be the same as the preceding statement except
" shall be
that the word Supplemental substituted for the word "Annual" each
time the phrase "Annual Statement of Financial Information" appears,
and
"June 30, 19 " shall be substituted for "December 31, 19 in the
introductory paragraph.
204JB002.doc 22
LETTER OF INTENTION TO FILE
Mayor and City Councilmembers
c/o City Secretary
City Hall
Dear Mayor and City Councilmembers:
myappointment as a member of the Planning Commission
As a prerequisite to pp
[Ethics Review Panel], I hereby represent to you that I am fully aware of the
finandal disclosure require Chapter i n Cha ter 2 , Article V, Division 3, of the
intention to file
of Ordinances and that it is my firm and unqualified
City Code required City Code
the Annual Statement of Financial Information•by
• full compliance with all provisions of said Division 3.
Section 2-351 in p
Sincerely,
Candidate for Appointment
204JB002.doc 23
SECTION 2. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be 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
orrovi si on of this ordinance for it is the definite intent of this City
p
Council that every section, , paragraph , subdivision, si on , clause, phrase, word or
provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official
publication of the City of Corpus Christi in accordance with Article II,
Section 14(g) of the City Charter, this ordinance to become effective upon such
publication.
208JB037.ord
That the foregoing ordinancew s read for the first time and pa sed to its
second reading on this the � day of bhabti, 19 by the
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for the second time and passed to its
third reading on this the day of , 19 , by the
following vote:
Betty N. Turner Bill Pruet
David Berlanga, Sr. Mary Rhodes
Leo Guerrero Frank Schwing, Jr.
Clif Moss Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for the third time and passed finally on
this the day of , 19 , by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
PASSED AND APPROVED, this the
ATT T:
1
ty Secretary
APPROVED:
..30_DAY OF Fethrua.1 19 $I
HAL GEORGE, CITY ATTORNEY
99.044.01
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
day of
, 19
THE CITY OF CORPUS CHRISTI, TEXAS
TEXAS:
As .6assec1 on
Third Reading
AN ORDINANCE
CREATING AN ETHICS COMMISSION; AMENDING THE CITY CODE,
CHAPTER 2, ADMINISTRATION, ARTICLE V, CODE OF ETHICS, TO
ADD A NEW DIVISION 2, FINANCIAL DISCLOSURE; AND PROVIDING
FOR SEVERANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That:
(a) An ethics commission is created as a special committee to study the ethics
ordinance. The commission shall consist of nine (9) members.
(b) Members may be nominated for the ethics commission by professional and
community organizations in the city, and interested individuals may also
submit their names for consideration. The city council shall appoint the
members of the ethics commission by a two-thirds vote of the full council.
(c) Commission members shall be appointed for a three-month term.
(d) The commission shall elec
membership. The vice chai
of the chairperson or in
majority of the commission s
(e
(f)
a chairperson and a vice chairperson from its
erson shall act as chairperson in the absence
he event of a vacancy in that position. A
all constitute a quorum.
The commission shall have suc meetings as may be necessary to fulfill its
responsibilities. The chair erson plus two members or any three members
may call a meeting provided t at reasonable notice is given to each member.
The commission shall comply w'th the Texas Open Meetings Act.
The ethics commission shall eview the code of ethics, conduct a minimum of
three public hearings, and make recommendations to the city council as to
changes in the code of ethics.
SECTION 2. That the City Code, Chapter 2, Administration, Article V,
Code of Ethics, is hereby amended by placing the present sections under the
title "Division 1, Rules of Conduct," and adding a new Division 2, Financial
Disclosure, to read as follows:
DIVISION 2. FINANCIAL DISCLOSURE
Sec. 2-351. Definitions.
(a) "Person" means an individual, proprietorship, firm, partnership,
joint venture, syndicate, trust, company, corporation,
association, committee, estate, receiver, entity, or any other
208JB037.ord
20637MICROFILMED
As .Passed on
Third Reading
organization or group of persons acting in concert, whether
profit or nonprofit.
(b) "Reporting official" means city counci l members , municipal court
judges (including substitute judges), city manager, assistant
city managers, city secretary, city attorney, department heads,
and all members of the planning commission, the civil service
board, and the civil service commission.
c
"Relative" means spouse, father, mother, brother, sister, son,
daughter, spouse's children, grandfather, grandmother, uncle,
aunt, nephew, niece, grandson, granddaughter, first cousin,
father in law, mother in law, brother in law, sister in law,
grandfather in law, grandmother in law, uncle by marriage, aunt
by marriage, nephew's wife, niece's husband, grandson in law,
granddaughter in law, first cousin's spouse, adoptive
relationships being treated as natural.
Sec. 2-352. Required Reports.
On or before the last Friday of April 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. Members of the city council and the planning
commission shall also file with the city secretary a Supplemental
Report of Financial Information by the last Friday of July covering
the most recent January 1 through June 30.
Sec. 2-353. Content of reports.
The reports required by Section 2-352 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 to
the reporting official.
(a) Name and residence address.
(b) All professional, occupational, or business licenses held by the
reporting official.
(c) The reporting official's occupations, the names of any businesses
with which the reporting official was associated, and the
principal address and phone number of each.
(d) The names and addresses of all sources of income which exceed
10 percent of the reporting official's gross income, or $5,000 in
salary, bonuses, commissions or professional fees, or $20,000 in
payment for goods, products or non-professional services;
provided, however, no reporting official operating a business as
208JB037.ord
As .Passed on
Third Reading
a sole proprietor shall be required to report a source of income
he or she would not have to report if operating as a corporation
or partnership.
(e) The name and address of any corporation, partnership or other
business organization in which the reporting official held,
owned, acquired or sold stock or other equity ownership having a
value exceeding $5,000 or equivalent to 10 percent or more of the
stock or equity in the entity.
(f) An itemized list of all real property in Nueces County or any
adjoining county in which the reporting official held any legal
or equitable ownership with a fair market value of $2,500 or
more. The list shall include a description sufficient to locate
the property and shall include all such property held by a
business entity which the reporting official is required to
disclose under subparagraph (e) above.
�9)
The name and address of any person to whom the reporting official
was indebted in excess of $10,000. "Indebted" includes
obligations on which the reporting official is a guarantor or
co-signer, in which case the names of the borrower and lender
shall be listed.
(h) The name and address of any person who is the obligor on any
note, bond, loan or any other similar obligation, written or
unwritten, owed to the reporting official which equals $10,000 or
more.
(i)
(j)
All boards of directors or governing bodies of which the
reporting official is a member, and all offices or executive
positions the reporting official holds in corporations,
partnerships, limited partnerships, professional corporations,
associations, or other entities, including non -business and
non-profit entities, stating the name of each entity and position
held, and excluding entities owned or created by the city.
The name and address of any person from whom the reporting
official received gifts or favors, including but not limited to
trips, excursions, food, lodging, money or commodities,
cumulatively exceeding $200 in value. The nature and date of
each gift received shall be specified. Provided, however,
campaign contributions reported as required by state law and
gifts or favors from relatives need not be reported hereunder.
Sec. 2-354. Financial disclosure by candidates.
Candidates for city council shall file an Annual Report of
Financial Information covering January 1 through December 31 of the
previous year containing the information required by Sections 2-352
and 2-353 with the city secretary within five days after filing for
208JB037.ord
AS.Passed on
Third Reading
office. If the deadline for candidate filing is after June 30, they
shall also file a Supplemental Report Of Financial Information. If an
incumbent candidate has previously filed a report for the appropriate
period(s), that report shall satisfy this section.
Sec. 2-355. Reports to be Sworn and Maintained.
All reports of financial information required by this division
shall be sworn, and shall be preserved for five years as public
records.
Sec. 2-356. Filing Dates for Reports.
Reports required by this division must be physically filed with
the city secretary by 4:45 p.m. on the day required for filing. When
the day falls on an official city holiday as established by the city
council, the deadline for receipt by the city secretary is extended to
4:45 p.m. of the next day which is not a Saturday or Sunday or
official city holiday.
Sec. 357. Voluntary reports.
Any city official, employee, or board member may file reports
exceeding the requirements of this article, and said reports shall be
preserved in the same manner as required reports.
SECTION 2. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be 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.
208JB037.ord
That the foregoing ordinance w s read for e ,first time and p sed to its
second reading on this the day of r UM/ ,f , 19 , by the
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read forst e second time and p,�,�sed to its
third reading on this the g day of �}�,/) 0 h 19by the
following vote:
Betty N. Turner
Davi
umer-
Davi d Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
That the f egoing ordlimce wa,s^ read for t third time and passed finally on
this the day of wezi') 19 by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
c,
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
77,r
PASSED AND APPROVED, this the a day of (�at) e `) 19 87.
ATT . T:
City Secretary
APPROVED:
aq DAY OF "waft
HAL GEORGE, CITY ATTORNEY
By
• •
Astant City Atte rney
99.044.01
MA OR
THE CITY OF CORPUS CHRISTI, TEXAS
20637
State of Texas,
County of Nueces ] ss:
PUBLISER`S AFFIDAVIT
City of Corpus Christi
d
=
^'
Before me, thc undersigned, a Notary Public, this day personally came
Deanne D. Palmer, who oe1ng first duly sworn, according to law, says
that she is a Senior Accounting Clerk of the Corpus Christ Caller -
Times, a daily newspaper published at Corpus Christi in said County
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, live
Oak, Nueces, Refuio, San icio, Victoria, and Webb Counties, and
that the publication of "NOTICE OF PASSAGE OF ORDINANCE #20637"
of which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 3rd day of April 1989 , and each
day thereafter for zero consecutive day(s).
one Times
$ 31.25
Subs"ibed and
�
__�°=__
Anna Garza
Notary Public, Nueces County, Texas
My commission expires on 8.25.92
Senior
orn to before me this 4th day
d and aPProY*4
by totinsil of the '
of
•
is avant,
of April,