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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 0 iz / AMA/CE /9c fe.Eien) FACJED ON 2MD p/A/a. IN eit:ii-eir) 208JB037.ord As Passed on.Second Reading -03-21-89 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 Reading. 03-21-89 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 204JB002.doc 1 (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. 204JB002.doc 2 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,