HomeMy WebLinkAbout020781 ORD - 09/19/1989As Passea
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AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION,
BY REPEALING ARTICLE V, CODE OF ETHICS, IN ITS ENTIRETY,
EXCEPT SEC. 2-317 WHICH IS HEREBY RENUMBERED AS SEC. 2-40,
AND SUBSTITUTING THEREFOR A NEW ARTICLE V, CODE OF ETHICS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Th
Administration, is hereby
Ethics, in its entirety,
renumbered as Sec. 2-40,
Code of Ethics, to read as
at the Code of Ordinances, Chapter 2,
amended by repealing Article V, Code of
except for Sec. 2-317 which is hereby
and substituting therefor a new Article V,
follows:
CODE OF ETHICS
DIVISION I. RULES OF CONDUCT
Sec. 2-311. Standards.
The following Rules of Conduct apply to all council members, board
members, and employees:
Special Privileges
1. You shall not use your office for private advancement or gain or
to secure special privileges or exemptions for yourself or others.
2. You shall not grant any special consideration,
advantage to any person or group beyond that which is
others generally.
treatment or
available to
3. You shall not use city facilities, personnel, equipment or
supplies for purposes unrelated to the interests of the city, except
to the extent such are lawfully available to the public.
4. Unless you are a council member, you shall not use the prestige
of your position with the city on behalf of any political party or
cause.
Gifts
5. You shall not accept or solicit any money, property, service or
other thing of value by way of gift, favor, loan or otherwise that
might reasonably tend to influence you in the discharge of your
official duties or which you know or should have known was offered
with the intent to influence or reward your official conduct.
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16. As a council member, you shall not represent or appear on behalf
of the private interest of others before any board, commission or
committee of the city. (This rule does not prohibit you from
appearing on behalf of your own financial interest even though others
may have the same or a similar interest.)
17. As a council member, you shall not give any orders to any
employee except through the city manager as provided by the city
charter.
Provisions for Board Members
18. As a board member, you shall not have a substantial interest in
any contract with the city in which your board or commission, or the
city department related thereto, has jurisdiction.
19. As a board member, you shall not represent or appear on behalf of
the private interest of others before your board, commission or
committee, the city council, or any board which has appellate
jurisdiction over your board, commission or committee, concerning a
matter which is within the subject matter jurisdiction of your board.
(This rule does not prohibit you from appearing on behalf of your own
financial interest even though others may have the same or a similar
interest.)
Provisions for Employees
20. As an employee you shall not have an interest in any contract
with the city.
21. As an employee, you shall not, within twelve months after leaving
city employment, represent any other person or organization in any
formal or informal appearance with the city council or any other
agency or employee of the city concerning a project for which you had
responsibility as an employee.
22. As an employee, you shall not represent or appear on behalf of
the private interest of others before the city council or any board,
commission or committee of the city. (This rule does not prohibit you
from appearing on behalf of your own financial interest even though
others may have the same or a similar interest.)
Sec. 2-312. Definitions.
The following definitions apply to the above Rules of Conduct.
board member - a member of any board, commission or committee of
city, including the board of any corporation created by the city.
employee - any person employed by the city,
service or not, including part-time employees
corporation created by the city.
interest - any direct or indirect pecuniary or
contract or transaction other than:
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the
whether under civil
and employees of any
material benefit in a
(3)
an interest which is shared by and available
persons similarly situated, or
a remote or incidental interest which would
decrease materially due to the action of the
than $200 in value, or
an interest of a subcontractor which
contractual relationship with the city, is
and reasonable compensation, and is not
subterfuge to circumvent the code of ethics.
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to all other
not increase or
city or is less
has no direct
receiving fair
operating as a
(4) an interest in real property acquired by the city which
could otherwise be accomplished only through eminent domain
provided that the property must be acquired for a public
purpose and just compensation must be paid under the Texas
Constitution after obtaining an independent appraisal.
substantial interest - any interest which has a value of $5,000.00 or
more or represents 10 percent or more of a person's gross income
during the most recent calendar year.
relative - spouse, father, mother, brother, sister, son, daughter,
spouse's children, father in law, mother in law, brother in law,
sister in law, son in law, daughter in law and adoptive relationships
being treated the same as natural relationships.
Sec. 2-313. Effect of Violation.
A violation of these Rules of Conduct shall subject the council
member, board member or employee to appropriate disciplinary
proceedings, but such violation shall not render the action of the
city voidable by the city unless the action would not have been
approved without the vote of the person who violated the Rules of
Conduct.
Sec. 2-314. Exceptions to Abstention Requirement.
The requirement that a council member or board member abstain from
voting on a matter or participating in discussion as contained in
Rule 7 of the Rules of Conduct shall not apply in the following
situations, provided that such person has complied with the
requirements of written disclosure of the interest:
(a) In the event a majority of the members of the council or the
board, commission or committee have filed a written disclosure of a
conflict of interest on the matter and would be required to abstain;
or
(b) On the final approval of a budget when
from a separate vote taken on the particular
the conflict of interest and action or that
resolved.
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the person has abstained
budget item pertaining to
particular item has been
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Sec. 2-315. Freedom of Expression.
Nothing contained in the code of ethics shall abridge the right of any
citizen, whether or not a council member, board member or employee, to
exercise his or her right of expression under the U.S. or Texas
Constitutions.
Sec. 2-316 - 2-319. Reserved.
DIVISION II. ETHICS COMMISSION.
Sec. 2-320. Establishment.
An ethics commission is created and shall consist of nine (9) members.
The city council shall solicit nominations for the ethics commission
from a wide variety of professional and community organizations in the
city. Interested individuals may also submit their names for
consideration. Members of the commission may not hold or be a
candidate for any city elected or appointed office. The city council
shall appoint the members of the ethics commission by a two-thirds
vote of the full council.
Sec. 2-321. Terms.
Members shall hold office for three-year terms commencing October 1.
In order to establish staggered terms, however, the initial terms of
three members shall be one year, and the initial terms of another
three members shall be two years. The persons serving such shorter
terms shall be determined by lot. No holding over is permitted except
as expressly provided in this code of ethics.
Sec. 2-322. Removal.
In addition to the council's usual powers of removal, members of the
commission may be removed by a majority of the council for cause. In
considering a complaint filed with the city secretary or on its own
initiative, the council may follow the procedures hereinafter set
forth regarding the disposition of such alleged violations.
Sec. 2-323. Vacancies.
All vacancies shall be filled for the unexpired terms. A member shall
hold office until his successor has been appointed, and shall continue
to hold office after his successor has been appointed for the limited
purpose of disposition of all complaints filed and for which
presentation of evidence was commenced during that member's term.
Sec. 2-324. Chairperson; quorum.
The commission 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. The
officers of the commission shall serve one-year terms. A majority of
the members of the commission shall constitute a quorum.
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Sec. 2-325. Meetings.
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.
Sec. 2-326. Duties.
(a) The commission shall, in addition to its other duties:
(1) Prepare and publish pamphlets and other materials explaining
the duties of individuals subject to the code of ethics.
Such materials shall include instructions to the public
about how to obtain information such as financial
disclosures, campaign reports, and the like from the city.
(2) Review all statements and reports filed with the city.
(3) Annually review the code of ethics and make appropriate
recommendations to the city council after conducting a
public hearing on any such recommendations.
Review all public opinions related to the code of ethics
that are issued by the city attorney.
Prepare and disseminate a report listing all campaign
contributions and expenditures for each candidate within 30
days following the deadline for filing the last campaign
finance reports for each city council election. For the
purposes of this provision, a general election and run-off
election shall be considered as a single city council
election.
(b) The commission may:
(1) Adopt rules of procedure for the conduct of its business and
to carry out the provisions of the code of ethics,
consistent with the code of ethics and other applicable law.
(2) Prepare reports and studies to advance the purposes of the
code of ethics.
(3) Request the city council and city manager to provide such
assistance as it may require in the discharge of its duties.
Sec. 2-327. Staffing.
The commission shall be assigned staff by the city attorney to assist
in its duties. The commission shall also designate independent legal
counsel, and when complaints are filed, such independent legal counsel
may be utilized to advise the commission and participate in hearings.
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Sec. 2-328. Legal Opinions and Services.
(a) Any council member, employee or board member may submit a written
request to the city manager for an opinion concerning the meaning or
effect of any section, word, or requirement of the code of ethics 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 shall be
filed with the city secretary with a copy 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 commission about any
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 attorney's opinion, the independent legal counsel shall act as
the commission's attorney on said complaint.
Sec. 2-329. Jurisdiction of Commission.
The ethics commission shall have jurisdiction of complaints involving
any "city official" which includes the mayor and members of the city
council, city manager, deputy and assistant city managers, city
secretary, city attorney, department heads, and municipal court judges
(including substitute judges), and all members of any board,
commission or committee of the city, including the board of any
corporation created by the city.
Sec. 2-330. Complaints.
(a) A sworn complaint alleging violation of the code of ethics shall
specify the provisions of the Rules of Conduct 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 commission shall consider possible violations
of the code of ethics by city officials and board members and former
city officials and board members other than members of this
commission.
(c) A complaint alleging a violation must be filed with the city
secretary within six months from the date the complainants knew or
should have known 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 commission
and the person complained against. Not later than 30 days after
receipt of a complaint by the city secretary, the commission shall
notify in writing the persons who made the complaint and the person
complained against whether it intends to schedule a hearing or take
other action concerning the complaint. The person complained against
shall have ten (10) days to submit a written response to the complaint
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prior to the commission deciding whether to hold a hearing. The
complainants shall have one opportunity within 15 days of any denial
of their original complaint by the commission to amend their complaint
and refile the same with the commission.
(e) Legal fees incurred by the complainants, the Commission, and the
party complained against, in an amount determined reasonable by the
Commission, shall be paid by the unsuccessful party if the Commission
determines such party's complaint or defense was groundless.
"Groundless" means (1) without basis in fact, or (2) not warranted by
law or reasonably arguable interpretation thereof. The complainants
shall not be liable for such fees if the commission has determined
grounds exist for a hearing.
Sec. 2-331. Ex parte communications.
After a complaint has been filed and during the pendency of a
complaint before the commission, a member of the commission may not
communicate directly or indirectly with any party or person about any
issue of fact or law regarding the complaint, except at a meeting of
the commission.
Sec. 2-332. Hearing.
(a) The hearing shall be held as expeditiously as possible following
the determination by the commission to conduct a hearing on a
particular matter. The commission may grant two postponements, not to
exceed 15 days each, upon the request of the person complained
against; provided, however, the commission may also delay commencement
of a hearing for good cause such as a hurricane or unavailability of a
material witness.
(b) The issue at hearing shall be whether the violation alleged in
the complaint occurred. The commission shall make its determination
based on the preponderance of credible evidence in the record. All
witnesses shall testify under oath. Strict rules of evidence shall
not be required; however, the commission shall require that all
evidence be of such quality that persons customarily rely on in the
conduct of serious affairs. If the commission determines that a
violation has occurred, it shall state its findings in writing, shall
identify the particular provisions which have been violated, and
within five working days shall deliver a copy of the findings to the
complainants, the person complained against, and the city secretary.
Sec. 2-333. Oaths.
If a complaint proceeds to hearing, the commission may subpoena
witnesses to attend and testify, administer oaths, take evidence and
subpoena the production of books, papers, records, or other evidence
needed for the performance of the commission's duties or exercise its
powers, including its duties and powers of investigation.
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Sec. 2-334. Sanctions
(a) If the commission determines that a violation occurred, it shall
proceed directly to determine its recommendation of appropriate
sanctions. The affirmative vote of a majority of the members holding
office and qualified to vote shall be required for the determination
that a violation has occurred and the recommendation any sanction
under this code of ethics. The commission may receive additional
testimony or statements before considering sanctions, but is not
required to do so.
(b) If the commission determines that a violation has occurred, it
may recommend the following:
(1) Against a council member 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 the power of the city council, or
recall by the citizens.
(2) Against a city official other than those in (1), that
appropriate action be taken, as deemed necessary by the city
manager.
(c) In determining its recommendation, the commission shall consider
the seriousness of the violation, the importance of deterrence, the
impact on public confidence in government, the violations' repeated or
isolated nature, the mental state with which the violation was
committed, and the prior record of the person complained against.
The recommendation shall be reduced to writing and transmitted to the
supervisory authority and to the person complained against.
(d) If the commission finds that conduct occurred which, if willful,
would violate the Rules of Conduct, but the commission cannot
determine that the conduct was a willful violation because of
ambiguity as to the meaning of the standard of conduct involved, the
commission will recommend no sanction, but will issue a clarifying
interpretation to guide future cases.
(e) Nothing in the code of ethics shall change or affect the civil
service, at will, or other status of any employee, city official, or
board member as established by the city charter and ordinances.
(f) The city council or supervisory authority shall consider the
recommendation of the commission, but will exercise its own judgment
and discretion in determining what action, if any, to take.
(g) If the commission determines that a violation of any criminal law
has occurred, it shall deliver a copy of its findings to the
complainants, the person complained against, and the city attorney,
recommending whether prosecution should be initiated or setting forth
requirements to be complied with in order that voluntary compliance
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may be had. Said findings shall also be delivered to the county
attorney or district attorney, if a violation may be within their
jurisdiction.
Sec. 2-335 - 2-339. Reserved.
DIVISION III. FINANCIAL DISCLOSURE.
Sec. 2-340. 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. Council members and planning commission members shall
also file with the city secretary a Supplemental Report of Financial
Information by the last Friday of July of each year covering the most
recent January 1 through June 30.
Sec. 2-341. Definitions.
The following definitions shall apply to these financial disclosure
provisions:
person - an individual, proprietorship, firm, partnership, joint
venture, syndicate, trust, company, corporation, association,
committee, estate, receiver, entity, or any other organization or
group of persons acting in concert, whether profit or nonprofit.
relative - spouse, father, mother, brother, sister, son, daughter,
spouse's children, grandfather, son in law, daughter in law,
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, and first cousin's spouse, adoptive
relationships being treated the same as natural relationships.
reporting official - the mayor and members of the city council, city
manager, deputy and assistant city managers, city secretary, city
attorney, department heads, municipal court judges (including
substitute judges), and all members of the planning commission,
ethics commission, civil service board, civil service commission,
Corpus Christi health facilities development corporation, Corpus
Christi housing finance corporation, Corpus Christi housing
improvement corporation, Corpus Christi industrial development
corporation, and the attorney who serves as local issuer's counsel for
and any executive employee hired by the above corporations.
Sec. 2-342. Content of Reports.
The reports required 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
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reporting official's spouse, but information relating to
need not be segregated from that relating to the reporting
(a) Name and residence address.
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the spouse
official.
(b) All professional, occupational, or business licenses held by the
reporting official.
(c) The names of any businesses with which the reporting official was
actively engaged or associated, and the principal address and phone
number of each, together with the position or title held. (This list
should not include interests in or positions with any businesses which
are required to be reported in other provisions of this section.)
(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. If the
reporting official is self employed or owns or controls at least a 20
percent interest in a partnership, corporation or other entity through
which the reporting official does business, the reporting official
shall also report the names and addresses of the clients or customers
who do business with the city from whom the reporting official,
partnership, corporation or other entity received at least 10 percent
of its gross income. Prior to each reporting deadline, the city shall
publish a list of the names and addresses of the persons who do
business with the city in the amount of $10,000 or more each year
(excluding utility services or the payment of taxes) which reporting
officials may rely upon for the purposes of complying with this
provision. A reporting official operating a business as a sole
proprietor shall not be required to report a client or customer under
this subsection he or she would not have to report if operating as a
corporation or partnership.
(e) The names and addresses of all corporations, partnerships or
other business organizations 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.
(g) The name and address of any person to whom the reporting official
was indebted in excess of $10,000 together with the dates any such
debts were incurred. "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.
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(h) The name and address of any person who is an obligor on any note,
bond, loan or any other similar obligation, written or unwritten, owed
to the reporting official which in the aggregate equal $10,000 or more
together with the dates of such obligations.
(i) 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.
(j) The names and addresses of all persons from whom the reporting
official received gifts or favors, including but not limited to trips,
excursions, food, lodging, money, commodities or services,
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. 2-343. Financial Disclosure by Candidates.
All 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 the above
sections with the city secretary within five days after filing for
office. If the deadline for candidate filing is after June 30, they
shall also file a Supplemental Report of Financial Information. If
any incumbent candidate has previously filed a report for the
appropriate period(s), that report shall satisfy this section.
Sec. 2-344. Reports to be Sworn and Maintained.
All reports of financial information required by the code of ethics
shall be sworn, and shall be preserved for five years as public
records.
Sec.2-345. 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. 2-346. Failure to File Report.
The failure of a reporting official or employee to file a true and
accurate report as required under this code of ethics shall constitute
a violation of the Rules of Conduct. In the event a person who has
failed to file a required report no longer serves in an official
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capacity with the city, that person shall be barred from serving as an
appointed officer, board member or employee of the city in the future
until the required report has been filed.
Sec. 2-347. Voluntary Reports.
Any city official, employee, or board member may file reports
exceeding the requirements of the code of ethics, and said reports
shall be preserved in the same manner as required reports.
Sec. 2-348. Disclosure of Gifts by Employees.
Any employee of the city other than reporting officials, whether under
civil service or not, who received gifts or favors, including but not
limited to trips, excursions, food, lodging, money, commodities, or
services, cumulatively exceeding $200 in value in any calendar year,
from any person (other than a relative) whose name is published in the
list of persons doing business with the city under Section 2-342(d),
shall file a report of the names and addresses of such persons and the
date and nature of each gift with the city secretary. The deadline
for filing such reports shall be February 1 of each year; provided
that, such a separate report shall not be required for any employee
who is required to file a report as a reporting official.
Sec. 2-349. Disclosure of Interests by Contractors.
(a) Any business desiring city council, board, commission or committee
consideration or action concerning that business (other than granting
an electrician license, solicitation permit and approving a plat)
shall, prior to its placement as an agenda item on the public notice
of such body, 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 ownership interest in
the business constituting three (3) percent or more of the ownership,
or having any pecuniary interest in the transaction or property which
is the subject of consideration or action.
(b) In the case of any business desiring to sell goods or services to
the city (except when the value of the goods or services is not
reasonably anticipated to exceed one hundred dollars ($100.00) per
calendar year), but which does not require city council, board,
commission or committee consideration or action, the business shall
file with the city's purchasing agent a statement specifically naming
any city employee, official and board member having any ownership
interest in the business constituting three (3) percent or more of the
ownership, or having any pecuniary interest in the transaction. This
provision does not apply to or include the purchase of magazine
subscriptions and memberships in professional or trade organizations
related to municipal operations.
(c) For corporate businesses whose shares are publicly traded and
listed on recognized national or regional stock exchanges or over -the -
002 13
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Third Reading
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.
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.
SECTION 3. Publication shall be made one time in the
official publication of the City of Corpus Christi by publishing the
caption stating in substance the purpose of the ordinance, this
ordinance to become effective upon such publication.
002 14
That the foregoing ordinance was reaa for the first time and passed to its
second reading on this the 01 -Ii, day of ; �V � ;,, 192: 1 , by the
following vote:
Betty N. Turner // Edward A. Martin �l'Y
David Berlanga, Sr. /; Joe McComb
Leo Guerrero v Clif Moss
Tom Hunt Mary Rhodes
Frank Schwing, Jr.��<
That the foregoing ordinance was read for the second, time and passed to its
third reading on this the ; day of . -1,, K L( , 19 Y7 , by the
following vote:
Betty N. Turner 1 Edward A. Martin
David Berlanga, Sr.
j` � Joe McComb
Leo Guerrero ('' Clif Moss
Tom Hunt �/i�.a�; Mary Rhodes
Frank Schwing, Jr. ,�j'` ;
That the foregoing ordinance. was read for the third time and passed finally on
this the , _ j day of f,f,;�, , 19 , by the following vote:
Betty N. Turner Edward A. Martin ' '
David Berlanga, Sr.
9 Joe McComb tee/
Leo Guerrero 1; Clif Moss 1/ i
Tom Hunt �! Mary Rhodes
Frank Schwing, Jr.
PASSED AND APPROVED, this the day of st,' �(;i{ lit , 19 i y
ATTEST:
APPROVED:
DAY OF Seet,as6.ey , 191M:
HAL GEORGE, CITY ATTORNEY
99.044.01
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
As Passes.
Second Reading
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION,
BY REPEALING ARTICLE V, CODE OF ETHICS, IN ITS ENTIRETY,
EXCEPT SEC. 2-317 WHICH IS HEREBY RENUMBERED AS SEC. 2-40,
AND SUBSTITUTING THEREFOR A NEW ARTICLE V, CODE OF ETHICS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the Code of Ordinances,
Administration, is hereby amended by repealing Article
Ethics, in its entirety, except for Sec. 2-317 which
renumbered as Sec. 2-40, and substituting therefor a new
Code of Ethics, to read as follows:
Chapter 2,
V, Code of
is hereby
Article V,
CODE OF ETHICS
DIVISION I. RULES OF CONDUCT
Sec. 2-311. Standards.
The following Rules of Conduct apply to all council members, board
members, and employees:
Special Privileges
1. You shall not use your office for &k013H private advancement or gain
to secure special privileges or exemptions for yourself or others.
2. You shall not grant any special consideration, treatment or
advantage to any person or group beyond that which is available to
others generally.
3. You shall not use city facilities, personnel, equipment or
supplies for purposes unrelated to the interests of the city, except
to the extent such are lawfully available to the public.
4. Unless you are a council member, you shall not use the prestige
of your position with the city on behalf of any political party or
cause.
Gifts
5. You shall not accept or solicit any money, property, service or
other thing of value by way of gift, favor, loan or otherwise that
might reasonably tend to influence you in the discharge of your
official duties or which you know or should have known was offered
with the intent to influence or reward your official conduct.
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Second Reading
6. In the event you receive any gift or loan of property or services
on behalf of the city, you shall promptly deliver such gift or loan to
the city manager for official acceptance and inventory by the city.
Conflicts of Interest
7. In the event you or one of your relatives have an interest or any
substantial interest in a contract or transaction involving the city
which comes before you in the performance of your official duties, you
shall make a written disclosure of your interest in the matter and
abstain from any vote or decision and not participate in any
discussion on the matter.
8. You shall not engage in any outside activities or employment
which will conflict or be incompatible with the full and proper
discharge of your official duties, impair your independent judgment in
the performance of your duties, or reflect discredit upon the city.
9. You
interest
interest
party.
shall not represent any other private person, group or
in any action or proceeding against or adverse to the
of the city or in any litigation in which the city is a
10. You shall not represent any other private person or group in an
action or proceeding in the municipal courts of the city which was
instituted by city officers or employees in the course of their
official duties.
11. You shall not receive any fee or compensation for your official
services from any source other than the city except as may be provided
by law or authorized by the city council.
Actions Adverse to the City
12. You shall not disclose information that could adversely affect
the property or affairs of the city.
13. You shall not knowingly perform or refuse to perform any act in
order to deliberately thwart the execution of federal, state or local
laws or regulations or the achievement of any official city programs.
14. You shall not engage in any felony crime, misdemeanor involving
moral turpitude, or other conduct that reflects discredit upon the
city.
Provisions for Council Members
15. As a council member, you shall not have a substantial interest in
any contract with the city.
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16. As a council member, you shall not represent or appear on behalf
of any private interest of others exeegt-these-diselesed-4n-Bvs4en-fff7Seet4en-2-342, before any board, commission or committee of the city
and -4n -these -eases -must -abstan -frem -any-vet4ng-er-partleipatien -4n
dseussiens-as-a-member-ef-the-governing-body except where one has a
vested financial interest.
17. As a council member, you shall not give any orders to any
employee except through the city manager as provided by the city
charter.
Provisions for Board Members
18. As a board member, you shall not have a substantial interest in
any contract with the city in which your board or commission, or the
city department related thereto, has jurisdiction.
19. As a board member,
the private interests
committee, the city
jurisdiction over your
matter which is within
you shall not represent or appear on behalf of
of others before your board, commission or
council, or any board which has appellate
board, commission or committee, concerning a
the subject matter jurisdiction of your board.
Provisions for Employees
20. As an employee you shall not have an interest in any contract
with the city.
21. As an employee, you shall not, within twelve months after leaving
city employment, represent any other person or organization in any
formal or informal appearance with the city council or any other
agency or employee of the city concerning a project for which you had
responsibility as an employee.
22. As an employee, you shall not represent or appear on behalf of
the private interests of others before the city council or any board,
commission or committee of the city.
Sec. 2-312. Definitions.
The following definitions apply to the above Rules of Conduct.
board member - a member of any board, commission or committee of the
city, including the board of any corporation created by the city.
employee - any person employed by the city,
service or not, including part-time employees
corporation created by the city.
interest - any direct or indirect pecuniary or
contract or transaction other than:
002 3
whether under civil
and employees of any
material benefit in a
As Passed
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(1) an interest which is shared by and available to all other
persons similarly situated, or
(2) a remote or incidental interest which would not increase or
decrease materially due to the action of the city or is less
than $200 in value, or
(3) an interest of a subcontractor which has no direct
contractual relationship with the city, is receiving fair
and reasonable compensation, and is not operating as a
subterfuge to circumvent the code of ethics.
(4) an interest in real property acquired by the city which
could otherwise be accomplished only through eminent domain
provided that the property must be acquired for a public
purpose and just compensation must be paid under the Texas
Constitution after obtaining an independent appraisal.
substantial interest - any interest which has a value of $5,000.00 or
more or represents 10 percent or more of a person's gross income
during the most recent calendar year.
relative - spouse, father, mother, brother, sister, son, daughter,
spouse's children, father in law, mother in law, brother in law,
sister in law, son in law, daughter in law and adoptive relationships
being treated the same as natural relationships.
Sec. 2-313. Effect of Violation.
A violation of these Rules of Conduct shall subject the council
member, board member or employee to appropriate disciplinary
proceedings, but such violation shall not render the action of the
city voidable by the city unless the action would not have been
approved without the vote of the person who violated the Rules of
Conduct.
Sec. 2-314. Exceptions to Abstention Requirement.
The requirement that a council member or board member abstain from
voting on a matter or participating in discussion as contained in
Rule 7 of the Rules of Conduct shall not apply in the following
situations, provided that such person has complied with the
requirements of written disclosure of the interest:
(a) In the event a majority of the members of the council or the
board, commission or committee have filed a written disclosure of a
conflict of interest on the matter and would be required to abstain;
or
(b) On the final approval of a budget when the person has abstained
from a separate vote taken on the particular budget item pertaining to
the conflict of interest and action or that particular item has been
resolved.
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Sec. 2-315. Freedom of Expression.
Nothing contained in the code of ethics shall abridge the right of any
citizen, whether or not a council member, board member or employee, to
exercise his or her right of expression under the U.S. or Texas
Constitutions.
Sec. 2-316 - 2-319. Reserved.
DIVISION II. ETHICS COMMISSION.
Sec. 2-320. Establishment.
An ethics commission is created and shall consist of nine (9) members.
The city council shall solicit nominations for the ethics commission
from a wide variety of professional and community organizations in the
city. Interested individuals may also submit their names for
consideration. Members of the commission may not hold or be a
candidate for any city elected or appointed office. The city council
shall appoint the members of the ethics commission by a two-thirds
vote of the full council.
Sec. 2-321. Terms.
Members shall hold office for three-year terms commencing October 1.
In order to establish staggered terms, however, the initial terms of
three members shall be one year, and the initial terms of another
three members shall be two years. The persons serving such shorter
terms shall be determined by lot. No holding over is permitted except
as expressly provided in this code of ethics.
Sec. 2-322. Removal.
In addition to the council's usual powers of removal, members of the
commission may be removed by a majority of the council for cause. In
considering a complaint filed with the city secretary or on its own
initiative, the council may follow the procedures hereinafter set
forth regarding the disposition of such alleged violations.
Sec. 2-323. Vacancies.
A11 vacancies shall be filled for the unexpired terms. A member shall
hold office until his successor has been appointed, and shall continue
to hold office after his successor has been appointed for the limited
purpose of disposition of all complaints filed and for which
presentation of evidence was commenced during that member's term.
Sec. 2-324. Chairperson; quorum.
The commission 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. The
officers of the commission shall serve one-year terms. A majority of
the members of the commission shall constitute a quorum.
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Sec. 2-325. Meetings.
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.
Sec. 2-326. Duties.
(a) The commission shall, in addition to its other duties:
(1) Prepare and publish pamphlets and other materials explaining
the duties of individuals subject to the code of ethics.
Such materials shall include instructions to the public
about how to obtain information such as financial
disclosures, campaign reports, and the like from the city.
(2) Review all statements and reports filed with the city.
(3) Annually review the code of ethics and make appropriate
recommendations to the city council after conducting a
public hearing on any such recommendations.
(4) Review all public opinions related to the code of ethics
that are issued by the city attorney.
(5) Prepare and disseminate a report listing all campaign
contributions and expenditures for each candidate within 30
days following the deadline for filing the last campaign
finance reports for each city council election. For the
purposes of this provision, a general election and run-off
election shall be considered as a single city council
election.
(b) The commission may:
(1) Adopt rules of procedure for the conduct of its business and
to carry out the provisions of the code of ethics,
consistent with the code of ethics and other applicable law.
(2) Prepare reports and studies to advance the purposes of the
code of ethics.
(3) Request the city council and city manager to provide such
assistance as it may require in the discharge of its duties.
Sec. 2-327. Staffing.
The commission shall be assigned staff by the city attorney to assist
in its duties. The commission shall also designate independent legal
counsel, and when complaints are filed, such independent legal counsel
may be utilized to advise the commission and participate in hearings.
002 6
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Sec. 2-328. Legal Opinions and Services.
(a) Any council member, employee or board member may submit a written
request to the city manager for an opinion concerning the meaning or
effect of any section, word, or requirement of the code of ethics 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 shall be
filed with the city secretary with a copy 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 commission about any
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 attorney's opinion, the independent legal counsel shall act as
the commission's attorney on said complaint.
Sec. 2-329. Jurisdiction of Commission.
The ethics commission shall have jurisdiction of complaints involving
any "city official" which includes the mayor and members of the city
council, city manager, deputy and assistant city managers, city
secretary, city attorney, department heads, and municipal court judges
(including substitute judges), and all members of any board,
commission or committee of the city, including the board of any
corporation created by the city.
Sec. 2-330. Complaints.
(a) A sworn complaint alleging violation of the code of ethics shall
specify the provisions of the Rules of Conduct 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 commission shall consider possible violations
of the code of ethics by city officials and board members and former
city officials and board members other than members of this
commission.
(c) A complaint alleging a violation must be filed with the city
secretary within six months from the date the complainants knew or
should have known 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 commission
and the person complained against. Not later than 30 days after
receipt of a complaint by the city secretary, the commission shall
notify in writing the persons who made the complaint and the person
complained against whether it intends to schedule a hearing or take
other action concerning the complaint. The person complained against
shall have ten (10) days to submit a written response to the complaint
002 7
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prior to the commission deciding whether to hold a hearing. The
complainants shall have one opportunity within 15 days of any denial
of their original complaint by the commission to amend their complaint
and refile the same with the commission.
(e) Legal fees incurred by the complainants, the Commission, and the
party complained against, in an amount determined reasonable by the
Commission, shall be paid by the unsuccessful party if the Commission
determines such party's complaint or defense was groundless.
"Groundless" means (1) without basis in fact, or (2) not warranted by
law or reasonably arguable interpretation thereof.
Sec. 2-331. Ex parte communications.
After a complaint has been filed and during the pendency of a
complaint before the commission, a member of the commission may not
communicate directly or indirectly with any party or person about any
issue of fact or law regarding the complaint, except at a meeting of
the commission.
Sec. 2-332. Hearing.
(a) The hearing shall be held as expeditiously as possible following
the determination by the commission to conduct a hearing on a
particular matter. The commission may grant two postponements, not to
exceed 15 days each, upon the request of the person complained
against; provided, however, the commission may also delay commencement
of a hearing for good cause such as a hurricane or unavailability of a
material witness.
(b) The issue at hearing shall be whether the violation alleged in
the complaint occurred. The commission shall make its determination
based on the preponderance of credible evidence in the record. All
witnesses shall testify under oath. Strict rules of evidence shall
not be required; however, the commission shall require that all
evidence be of such quality that persons customarily rely on in the
conduct of serious affairs. If the commission determines that a
violation has occurred, it shall state its findings in writing, shall
identify the particular provisions which have been violated, and
within five working days shall deliver a copy of the findings to the
complainants, the person complained against, and the city secretary.
Sec. 2-333. Oaths.
If a complaint proceeds to hearing, the commission may subpoena
witnesses to attend and testify, administer oaths, take evidence and
subpoena the production of books, papers, records, or other evidence
needed for the performance of the commission's duties or exercise its
powers, including its duties and powers of investigation.
002 8
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Sec. 2-334. Sanctions
(a) If the commission determines that a violation occurred, it shall
proceed directly to determine its recommendation of appropriate
sanctions. The affirmative vote of a majority of the members holding
office and qualified to vote shall be required for the determination
that a violation has occurred and the recommendation any sanction
under this code of ethics. The commission may receive additional
testimony or statements before considering sanctions, but is not
required to do so.
(b) If the commission determines that a violation has occurred, it
may recommend the following:
(1) Against a council member 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 the power of the city council, or
recall by the citizens.
(2) Against a city official other than those in (1), that
appropriate action be taken, as deemed necessary by the city
manager.
(c) In determining its recommendation, the commission shall consider
the seriousness of the violation, the importance of deterrence, the
impact on public confidence in government, the violations' repeated or
isolated nature, the mental state with which the violation was
committed, and the prior record of the person complained against.
The recommendation shall be reduced to writing and transmitted to the
supervisory authority and to the person complained against.
(d) If the commission finds that conduct occurred which, if willful,
would violate the Rules of Conduct, but the commission cannot
determine that the conduct was a willful violation because of
ambiguity as to the meaning of the standard of conduct involved, the
commission will recommend no sanction, but will issue a clarifying
interpretation to guide future cases.
(e) Nothing in the code of ethics shall change or affect the civil
service, at will, or other status of any employee, city official, or
board member as established by the city charter and ordinances.
(f) The city council or supervisory authority shall consider the
recommendation of the commission, but will exercise its own judgment
and discretion in determining what action, if any, to take.
(g) If the commission determines that a violation of any criminal law
has occurred, it shall deliver a copy of its findings to the
complainants, the person complained against, and the city attorney,
recommending whether prosecution should be initiated or setting forth
requirements to be complied with in order that voluntary compliance
002 9
may be had.
attorney or
jurisdiction
Sec. 2-335 -
DIVISION III
Sec. 2-340.
Said findings shall
district attorney, if
2-339. Reserved.
. FINANCIAL DISCLOSURE.
Required Reports.
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also be delivered to the county
a violation may be within their
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. Council members and planning commission members shall
also file with the city secretary a Supplemental Report of Financial
Information by the last Friday of July of each year covering the most
recent January 1 through June 30.
Sec. 2-341. Definitions.
The following definitions shall apply to these financial disclosure
provisions:
person - an individual, proprietorship, firm, partnership, joint
venture, syndicate, trust, company, corporation, association,
committee, estate, receiver, entity, or any other organization or
group of persons acting in concert, whether profit or nonprofit.
relative - spouse, father, mother, brother, sister, son, daughter,
spouse's children, grandfather, son in law, daughter in law,
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, and first cousin's spouse, adoptive
relationships being treated the same as natural relationships.
reporting official - the mayor and members of the city council, city
manager, deputy and assistant city managers, city secretary, city
attorney, department heads, municipal court judges (including
substitute judges), and all members of the planning commission,
ethics commission, civil service board, civil service commission,
eeasta+-bend-hea+th-fae444t4e9-deve+egment-eergeraten; Corpus Christi
health facilities development corporation, Corpus Christi housing
finance corporation, Corpus Christi housing improvement corporation,
Corpus Christi industrial development corporation, and the attorney
who serves as local issuer's counsel for and any executive employee
hired by the above corporations.
Sec. 2-342. Content of Reports.
The reports required 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
002 10
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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 names of any businesses with which the reporting official was
actively engaged or associated, and the principal address and phone
number of each, together with the position or title held. (This list
should not include interests in or positions with any businesses which
are required to be reported in other provisions of this section.)
(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. If the
reporting official is self employed or owns or controls at least a 20
percent interest in a partnership, corporation or other entity through
which the reporting official does business, the reporting official
shall also report the names and addresses of the clients or customers
who do business with the city from whom the reporting official,
partnership, corporation or other entity received at least 10 percent
of its gross income. Prior to each reporting deadline, the city shall
publish a list of the names and addresses of the persons who do
business with the city in the amount of $10,000 or more each year
(excluding utility services or the payment of taxes) which reporting
officials may rely upon for the purposes of complying with this
provision. A reporting official operating a business as a sole
proprietor shall not be required to report a client or customer under
this subsection he or she would not have to report if operating as a
corporation or partnership.
(e) The names and addresses of all corporations, partnerships or
other business organizations 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.
(g) The name and address of any person to whom the reporting official
was indebted in excess of $10,000 together with the dates any such
debts were incurred. "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.
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(h) The name and address of any person who is an obligor on any note,
bond, loan or any other similar obligation, written or unwritten, owed
to the reporting official which in the aggregate equal $10,000 or more
together with the dates of such obligations.
(i) 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.
(j) The names and addresses of all persons from whom the reporting
official received gifts or favors, including but not limited to trips,
excursions, food, lodging, money, commodities or services,
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. 2-343. Financial Disclosure by Candidates.
All 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 the above
sections with the city secretary within five days after filing for
office. If the deadline for candidate filing is after June 30, they
shall also file a Supplemental Report of Financial Information. If
any incumbent candidate has previously filed a report for the
appropriate period(s), that report shall satisfy this section.
Sec. 2-344. Reports to be Sworn and Maintained.
All reports of financial information required by the code of ethics
shall be sworn, and shall be preserved for five years as public
records.
Sec.2-345. 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. 2-346. Failure to File Report.
The failure of a reporting official or employee to file a true and
accurate report as required under this code of ethics shall constitute
a violation of the Rules of Conduct. In the event a person who has
failed to file a required report no longer serves in an official
002 12
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capacity with the city, that person shall be barred from serving as an
appointed officer, board member or employee of the city in the future
until the required report has been filed.
Sec. 2-347. Voluntary Reports.
Any city official, employee, or board member may file reports
exceeding the requirements of the code of ethics, and said reports
shall be preserved in the same manner as required reports.
Sec. 2-348. Disclosure of Gifts by Employees.
Any employee of the city other than reporting officials, whether under
civil service or not, who received gifts or favors, including but not
limited to trips, excursions, food, lodging, money, commodities, or
services, cumulatively exceeding $200 in value in any calendar year,
from any person (other than a relative) whose name is published in the
list of persons doing business with the city under Section 2-342(d),
shall file a report of the names and addresses of such persons and the
date and nature of each gift with the city secretary. The deadline
for filing such reports shall be February 1 of each year; provided
that, such a separate report shall not be required for any employee
who is required to file a report as a reporting official.
Sec. 2-349. Disclosure of Interests by Contractors.
(a) Any business desiring city council, board, commission or committee
consideration or action concerning that business (other than granting
an electrician license, solicitation permit and approving a plat)
shall, prior to its placement as an agenda item on the public notice
of such body, 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 ownership interest in
the business constituting three (3) percent or more of the ownership,
or having any pecuniary interest in the transaction or property which
is the subject of consideration or action.'
(b) In the case of any business desiring to sell goods or services to
the city (except when the value of the goods or services is not
reasonably anticipated to exceed one hundred dollars ($100.00) per
calendar year), but which does not require city council, board,
commission or committee consideration or action, the business shall
file with the city's purchasing agent a statement specifically naming
any city employee, official and board member having any ownership
interest in the business constituting three (3) percent or more of the
ownership, or having any pecuniary interest in the transaction. This
provision does not apply to or include the purchase of magazine
subscriptions and memberships in professional or trade organizations
related to municipal operations.
(c) For corporate businesses whose shares are publicly traded and
listed on recognized national or regional stock exchanges or over -the -
002 13
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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.
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.
SECTION 3. Publication shall be made one time in the
official publication of the City of Corpus Christi by publishing the
caption stating in substance the purpose of the ordinance, this
ordinance to become effective upon such publication.
002 14
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First Readi..y
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION,
BY REPEALING ARTICLE V, CODE OF ETHICS, IN ITS ENTIRETY,
EXCEPT SEC. 2-317 WHICH IS HEREBY RENUMBERED AS SEC. 2-40,
AND SUBSTITUTING THEREFOR A NEW ARTICLE V, CODE OF ETHICS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the Code of Ordinances, Chapter 2,
Administration, is hereby amended by repealing Article V, Code of
Ethics, in its entirety, except for Sec. 2-317 which is hereby
renumbered as Sec. 2-40, and substituting therefor a new Article V,
Code of Ethics, to read as follows:
CODE OF ETHICS
DIVISION I. RULES OF CONDUCT
Sec. 2-311. Standards.
The following Rules of Conduct apply to all council members, board
members, and employees:
Special Privileges
1. You shall not use your office for private advancement or gain or
to secure special privileges or exemptions for yourself or others.
2. You shall not grant any special consideration, treatment or
advantage to any person or group beyond that which is available to
others generally.
3. You shall not use city facilities, personnel, equipment or
supplies for purposes unrelated to the interests of the city, except
to the extent such are lawfully available to the public.
4. Unless you are a council member, you shall not use the prestige
of your position with the city on behalf of any political party or
cause.
Gifts
5. You shall not accept or solicit any money, property, service or
other thing of value by way of gift, favor, loan or otherwise that
might reasonably tend to influence you in the discharge of your
official duties or which you know or should have known was offered
with the intent to influence or reward your official conduct.'
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6. In the event you receive any gift or loan of property or services
on behalf of the city, you shall promptly deliver such gift or loan to
the city manager for official acceptance and inventory by the city.
Conflicts of Interest
7. In the event you or one of your relatives have an interest or any
substantial interest in a contract or transaction involving the city
which comes before you in the performance of your official duties, you
shall make a written disclosure of your interest in the matter and
abstain from any vote or decision and not participate in any
discussion on the matter.
8. You shall not engage in any outside activities or employment
which will conflict or be incompatible with the full and proper
discharge of your official duties, impair your independent judgment in
the performance of your duties, or reflect discredit upon the city.
9. You shall not represent any other private person, group or
interest in any action or proceeding against or adverse to the
interest of the city or in any litigation in which the city is a
party.
10. You shall not represent any other private person or group in an
action or proceeding in the municipal courts of the city which was
instituted by city officers or employees in the course of their
official duties.
11. You shall not receive any fee or compensation for your official
services from any source other than the city except as may be provided
by law or authorized by the city council.
Actions Adverse to the City
12. You shall not disclose information that could adversely affect
the property or affairs of the city.
13. You shall not knowingly perform or refuse to perform any act in
order to deliberately thwart the execution of federal, state or local
laws or regulations or the achievement of any official city programs.
14. You shall not engage in any felony crime, misdemeanor involving
moral turpitude, or other conduct that reflects discredit upon the
city.
Provisions for Council Members
15. As a council member, you shall not have a substantial interest in
any contract with the city.
16. As a council member, you shall not represent or appear on behalf
of any private interest except those disclosed in Division III,
Section 2-342, before any board, commission or committee of the city
and in those cases must abstain from any voting or participation in
discussions as a member of the governing body.
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17. As a council member, you shall not give any orders to any
employee except through the city manager as provided by the city
charter.
Provisions for Board Members
18. As a board member, you shall not have a substantial interest in
any contract with the city in which your board or commission, or the
city department related thereto, has jurisdiction.
19. As a board member, you shall not represent or appear on behalf of
the private interests of others before your board, commission or
committee, the city council, or any board which has appellate
jurisdiction over your board, commission or committee, concerning a
matter which is within the subject matter jurisdiction of your board.
Provisions for Employees
20. As an employee you shall not have an interest in any contract
with the city.
21. As an employee, you shall not, within twelve months after leaving
city employment, represent any other person or organization in any
formal or informal appearance with the city council or any other
agency or employee of the city concerning a project for which you had
responsibility as an employee.
22. As an employee, you shall not represent or appear on behalf of
the private interests of others before the city council or any board,
commission or committee of the city.
Sec. 2-312. Definitions.
The following definitions apply to the above Rules of Conduct.
board member - a member of any board, commission or committee of the
city, including the board of any corporation created by the city.
employee - any person employed by the city, whether under civil
service or not, including part-time employees and employees of any
corporation created by the city.
interest - any direct or indirect pecuniary or material benefit in a
contract or transaction other than:
(1) an interest which is shared by and available to all other
persons similarly situated, or
(2) a remote or incidental interest which would not increase or
decrease materially due to the action of the city or is less
than $200 in value, or
(3) an interest of a subcontractor which has no direct
contractual relationship with the city, is receiving fair
015 3
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and reasonable compensation, and is not operating as a
subterfuge to circumvent the code of ethics.
(4) an interest in real property acquired by the city which
could otherwise be accomplished only through eminent domain
provided that the property must be acquired for a public
purpose and just compensation must be paid under the Texas
Constitution after obtaining an independent appraisal.
substantial interest - any interest which has a value of $5,000.00 or
more or represents 10 percent or more of a person's gross income
during the most recent calendar year.
relative - spouse, father, mother, brother, sister, son, daughter,
spouse's children, father in law, mother in law, brother in law,
sister in law, son in law, daughter in law and adoptive relationships
being treated the same as natural relationships.
Sec. 2-313. Effect of Violation.
A violation of these Rules of Conduct shall subject the council
member, board member or employee to appropriate disciplinary
proceedings, but such violation shall not render the action of the
city voidable by the city unless the action would not have been
approved without the vote of the person who violated the Rules of
Conduct.
Sec. 2-314. Exceptions to Abstention Requirement.
The requirement that a council member or board member abstain from
voting on a matter or participating in discussion as contained in
Rule 7 of the Rules of Conduct shall not apply in the following
situations, provided that such person has complied with the
requirements of written disclosure of the interest:
(a) In the event a majority of the members of the council or the
board, commission or committee have filed a written disclosure of a
conflict of interest on the matter and would be required to abstain;
or
(b) On the final approval of a budget when the person has abstained
from a separate vote taken on the particular budget item pertaining to
the conflict of interest and action or that particular item has been
resolved.
Sec. 2-315. Freedom of Expression.
Nothing contained in the code of ethics shall abridge the right of any
citizen, whether or not a council member, board member or employee, to
exercise his or her right of expression under the U.S. or Texas
Constitutions.
Sec. 2-316 - 2-319. Reserved.
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DIVISION II. ETHICS COMMISSION.
Sec. 2-320. Establishment.
An ethics commission is created and shall consist of nine (9) members.
The city council shall solicit nominations for the ethics commission
from a wide variety of professional and community organizations in the
city. Interested individuals may also submit their names for
consideration. Members of the commission may not hold or be a
candidate for any city elected or appointed office. The city council
shall appoint the members of the ethics commission by a two-thirds
vote of the full council.
Sec. 2-321. Terms.
Members shall hold office for three-year terms commencing October 1.
In order to establish staggered terms, however, the initial terms of
three members shall be one year, and the initial terms of another
three members shall be two years. The persons serving such shorter
terms shall be determined by lot. No holding over is permitted except
as expressly provided in this code of ethics.
Sec. 2-322. Removal.
In addition to the council's usual powers of removal, members of the
commission may be removed by a majority of the council for cause. In
considering a complaint filed with the city secretary or on its own
initiative, the council may follow the procedures hereinafter set
forth regarding the disposition of such alleged violations.
Sec. 2-323. Vacancies.
All vacancies shall be filled for the unexpired terms. A member shall
hold office until his successor has been appointed, and shall continue
to hold office after his successor has been appointed for the limited
purpose of disposition of all complaints filed and for which
presentation of evidence was commenced during that member's term.
Sec. 2-324. Chairperson; quorum.
The commission 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. The
officers of the commission shall serve one-year terms. A majority of
the members of the commission shall constitute a quorum.
Sec. 2-325. Meetings.
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.
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Sec. 2-326. Duties.
(a) The commission shall, in addition to its other duties:
(1) Prepare and publish pamphlets and other materials explaining
the duties of individuals subject to the code of ethics.
Such materials shall include instructions to the public
about how to obtain information such as financial
disclosures, campaign reports, and the like from the city.
(2) Review all statements and reports filed with the city.
(3) Annually review the code of ethics and make appropriate
recommendations to the city council after conducting a
public hearing on any such recommendations.
(4) Review all public opinions related to the code of ethics
that are issued by the city attorney.
(5) Prepare and disseminate a report listing all campaign
contributions and expenditures for each candidate within 30
days following the deadline for filing the last campaign
finance reports for each city council election. For the
purposes of this provision, a general election and run-off
election shall be considered as a single city council
election.
(b) The commission may:
(1) Adopt rules of procedure for the conduct of its business and
to carry out the provisions of the code of ethics,
consistent with the code of ethics and other applicable law.
(2) Prepare reports and studies to advance the purposes of the
code of ethics.
(3) Request the city council and city manager to provide such
assistance as it may require in the discharge of its duties.
Sec. 2-327. Staffing.
The commission shall be assigned staff by the city attorney to assist
in its duties. The commission shall also designate independent legal
counsel, and when complaints are filed, such independent legal counsel
may be utilized to advise the commission and participate in hearings.
Sec. 2-328. Legal Opinions and Services.
(a) Any council member, employee or board member may submit a written
request to the city manager for an opinion concerning the meaning or
effect of any section, word, or requirement of the code of ethics 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 shall be
015 6
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filed with the city secretary with a copy 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 commission about any
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 attorney's opinion, the independent legal counsel shall act as
the commission's attorney on said complaint.
Sec. 2-329. Jurisdiction of Commission.
The ethics commission shall have jurisdiction of complaints involving
any "city official" which includes the mayor and members of the city
council, city manager, deputy and assistant city managers, city
secretary, city attorney, department heads, and municipal court judges
(including substitute judges), and all members of any board,
commission or committee of the city, including the board of any
corporation created by the city.
Sec. 2-330. Complaints.
(a) A sworn complaint alleging violation of the code of ethics shall
specify the provisions of the Rules of Conduct 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 commission shall consider possible violations
of the code of ethics by city officials and board members and former
city officials and board members other than members of this
commission.
(c) A complaint alleging a violation must be filed with the city
secretary within six months from the date the complainants knew or
should have known 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 commission
and the person complained against. Not later than 30 days after
receipt of a complaint by the city secretary, the commission shall
notify in writing the persons who made the complaint and the person
complained against whether it intends to schedule a hearing or take
other action concerning the complaint. The person complained against
shall have ten (10) days to submit a written response to the complaint
prior to the commission deciding whether to hold a hearing. The
complainants shall have one opportunity within 15 days of any denial
of their original complaint by the commission to amend their complaint
and refile the same with the commission.
(e) Legal fees incurred by the complainants, the Commission, and the
party complained against, in an amount determined reasonable by the
Commission, shall be paid by the unsuccessful party if the Commission
015 7
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determines such party's complaint or defense was groundless.
"Groundless" means (1) without basis in fact, or (2) not warranted by
law or reasonably arguable interpretation thereof.
Sec. 2-331. Ex parte communications.
After a complaint has been filed and during the pendency of a
complaint before the commission, a member of the commission may not
communicate directly or indirectly with any party or person about any
issue of fact or law regarding the complaint, except at a meeting of
the commission.
Sec. 2-332. Hearing.
(a) The hearing shall be held as expeditiously as possible following
the determination by the commission to conduct a hearing on a
particular matter. The commission may grant two postponements, not to
exceed 15 days each, upon the request of the person complained
against; provided, however, the commission may also delay commencement
of a hearing for good cause such as a hurricane or unavailability of a
material witness.
(b) The issue at hearing shall be whether the violation alleged in
the complaint occurred. The commission shall make its determination
based on the preponderance of credible evidence in the record. All
witnesses shall testify under oath. Strict rules of evidence shall
not be required; however, the commission shall require that all
evidence be of such quality that persons customarily rely on in the
conduct of serious affairs. If the commission determines that a
violation has occurred, it shall state its findings in writing, shall
identify the particular provisions which have been violated, and
within five working days shall deliver a copy of the findings to the
complainants, the person complained against, and the city secretary.
Sec. 2-333. Oaths.
If a complaint proceeds to hearing, the commission may subpoena
witnesses to attend and testify, administer oaths, take evidence and
subpoena the production of books, papers, records, or other evidence
needed for the performance of the commission's duties or exercise its
powers, including its duties and powers of investigation.
Sec. 2-334. Sanctions
(a) If the commission determines that a violation occurred, it shall
proceed directly to determine its recommendation of appropriate
sanctions. The affirmative vote of a majority of the members holding
office and qualified to vote shall be required for the determination
that a violation has occurred and the recommendation any sanction
under this code of ethics. The commission may receive additional
testimony or statements before considering sanctions, but is not
required to do so.
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(b) If the commission determines that a violation has occurred, it
may recommend the following:
(1) Against a council member 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 the power of the city council, or
recall by the citizens.
(2) Against a city official other than those in (1), that
appropriate action be taken, as deemed necessary by the city
manager.
(c) In determining its recommendation, the commission shall consider
the seriousness of the violation, the importance of deterrence, the
impact on public confidence in government, the violations' repeated or
isolated nature, the mental state with which the violation was
committed, and the prior record of the person complained against.
The recommendation shall be reduced to writing and transmitted to the
supervisory authority and to the person complained against.
(d) If the commission finds that conduct occurred which, if willful,
would violate the Rules of Conduct, but the commission cannot
determine that the conduct was a willful violation because of
ambiguity as to the meaning of the standard of conduct involved, the
commission will recommend no sanction, but will issue a clarifying
interpretation to guide future cases.
(e) Nothing in the code of ethics shall change or affect the civil
service, at will, or other status of any employee, city official, or
board member as established by the city charter and ordinances.
(f) The city council or supervisory authority shall consider the
recommendation of the commission, but will exercise its own judgment
and discretion in determining what action, if any, to take.
(g) If the commission determines that a violation of any criminal law
has occurred, it shall deliver a copy of its findings to the
complainants, the person complained against, and the city attorney,
recommending whether prosecution should be initiated or setting forth
requirements to be complied with in order that voluntary compliance
may be had. Said findings shall also be delivered to the county
attorney or district attorney, if a violation may be within their
jurisdiction.
Sec. 2-335 - 2-339. Reserved.
DIVISION III. FINANCIAL DISCLOSURE.
Sec. 2-340. 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
015 9
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First Reading
previous year. Council members and planning commission members shall
also file with the city secretary a Supplemental Report of Financial
Information by the last Friday of July of each year covering the most
recent January 1 through June 30.
Sec. 2-341. Definitions.
The following definitions shall apply to these financial disclosure
provisions:
person - an individual, proprietorship, firm, partnership, joint
venture, syndicate, trust, company, corporation, association,
committee, estate, receiver, entity, or any other organization or
group of persons acting in concert, whether profit or nonprofit.
relative - spouse, father, mother, brother, sister, son, daughter,
spouse's children, grandfather, son in law, daughter in law,
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, and first cousin's spouse, adoptive
relationships being treated the same as natural relationships.
reporting official - the mayor and members of the city council, city
manager, deputy and assistant city managers, city secretary, city
attorney, department heads, municipal court judges (including
substitute judges), and all members of the planning commission, ethics
commission, civil service board, civil service commission, coastal
bend health facilities development corporation, Corpus Christi health
facilities development corporation, Corpus Christi housing finance
corporation, Corpus Christi housing improvement corporation, Corpus
Christi industrial development corporation, and the attorney who
serves as local issuer's counsel for and any executive employee hired
by the above corporations.
Sec. 2-342. Content of Reports.
The reports required 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 names of any businesses with which the reporting official was
actively engaged or associated, and the principal address and phone
number of each, together with the position or title held. (This list
should not include interests in or positions with any businesses which
are required to be reported in other provisions of this section.)
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(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. If the
reporting official is self employed or owns or controls at least a 20
percent interest in a partnership, corporation or other entity through
which the reporting official does business, the reporting official
shall also report the names and addresses of the clients or customers
who do business with the city from whom the reporting official,
partnership, corporation or other entity received at least 10 percent
of its gross income. Prior to each reporting deadline, the city shall
publish a list of the names and addresses of the persons who do
business with the city in the amount of $10,000 or more each year
(excluding utility services or the payment of taxes) which reporting
officials may rely upon for the purposes of complying with this
provision. A reporting official operating a business as a sole
proprietor shall not be required to report a client or customer under
this subsection he or she would not have to report if operating as a
corporation or partnership.
(e) The names and addresses of all corporations, partnerships or
other business organizations 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.
(g) The name and address of any person to whom the reporting official
was indebted in excess of $10,000 together with the dates any such
debts were incurred. "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 an obligor on any note,
bond, loan or any other similar obligation, written or unwritten, owed
to the reporting official which in the aggregate equal $10,000 or more
together with the dates of such obligations.
(i) 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.
(j) The names and addresses of all persons from whom the reporting
official received gifts or favors, including but not limited to trips,
excursions, food, lodging, money, commodities or services,
cumulatively exceeding $200 in value. The nature and date of each
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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. 2-343. Financial Disclosure by Candidates.
All 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 the above
sections with the city secretary within five days after filing for
office. If the deadline for candidate filing is after June 30, they
shall also file a Supplemental Report of Financial Information. If
any incumbent candidate has previously filed a report for the
appropriate period(s), that report shall satisfy this section.
Sec. 2-344. Reports to be Sworn and Maintained.
All reports of financial information required by the code of ethics
shall be sworn, and shall be preserved for five years as public
records.
Sec.2-345. 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. 2-346. Failure to File Report.
The failure of a reporting official or employee to file a true and
accurate report as required under this code of ethics shall constitute
a violation of the Rules of Conduct. In the event a person who has
failed to file a required report no longer serves in an official
capacity with the city, that person shall be barred from serving as an
appointed officer, board member or employee of the city in the future
until the required report has been filed.
Sec. 2-347. Voluntary Reports.
Any city official, employee, or board member may file reports
exceeding the requirements of the code of ethics, and said reports
shall be preserved in the same manner as required reports.
Sec. 2-348. Disclosure of Gifts by Employees.
Any employee of the city, whether under civil service or not, who
received gifts or favors, including but not limited to trips,
excursions, food, lodging, money, commodities, or services, from any
person other than a relative cumulatively exceeding $200 in value in
any calendar year, shall file a report of the names and addresses of
such persons and the date and nature of each gift with the city
secretary. The deadline for filing such reports shall be February 1
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First Reading
of each year; provided that, such a separate report shall not be
required for any employee who is required to file a report as a
reporting official.
Sec. 2-349. Disclosure of Interests by Contractors.
(a) Any business desiring city council, board, commission or committee
consideration or action concerning that business (other than granting
an electrician license, solicitation permit and approving a plat)
shall, prior to its placement as an agenda item on the public notice
of such body, 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 ownership interest in
the business constituting three (3) percent or more of the ownership,
or having any pecuniary interest in the transaction or property which
is the subject of consideration or action.
(b) In the case of any business desiring to sell goods or services to
the city (except when the value of the goods or services is not
reasonably anticipated to exceed one hundred dollars ($100.00) per
calendar year), but which does not require city council, board,
commission or committee consideration or action, the business shall
file with the city's purchasing agent a statement specifically naming
any city employee, official and board member having any ownership
interest in the business constituting three (3) percent or more of the
ownership, or having any pecuniary interest in the transaction. This
provision does not apply to or include the purchase of magazine
subscriptions and memberships in professional or trade organizations
related to municipal operations.
(c) For corporate businesses whose shares are publicly traded and
listed on recognized national or regional stock exchanges or over-the-
counter markets, it shall be sufficient if a current Securities and
Exchange Commission Form 10-K is filed in lieu of the statements
required by this section.
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.
SECTION 3. Publication shall be made one time in the
official publication of the City of Corpus Christi by publishing the
caption stating in substance the purpose of the ordinance, this
ordinance to become effective upon such publication.
015 13
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 2,
ADMINISTRATION, BY REPEALING ARTICLE V, CODE OF ETHICS, IN
ITS ENTIRETY, EXCEPT SEC. 2-317 WHICH IS HEREBY RENUMBERED
AS SEC. 2-40, AND SUBSTITUTING THEREFOR A NEW ARTICLE V,
CODE OF ETHICS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS
SECTION 1. That the Code of Ordinances, Chapter 2, Administration is hereby
amended by repealing Article V, Code of Ethics in its entirety, except for Sec. 2-317 which is
hereby renumbered as Sec. 2-40, and substituting therefor a new Article V, Code of Ethics to read
as follows:
CODE OF ETHICS
DIVISION I. RULES OF CONDUCT.
Sec. 2-311. Standards.
The following Rules of Conduct apply to all council members, board members and employees:
Special Privileges
1. You shall not use your office for private advancement or gain or to secure special privileges
or exemptions for yourself or others.
2. You shall not grant any special consideration, treatment or advantage to any person or group
beyond that which is available to others generally.
3. You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to
the interests of the city, except to the extent such are lawfully available to the public.
4. Unless you are a council member, you shall not use the prestige of your position with the city
on behalf of any political party or cause.
Gifts
5. You shall not accept or solicit any money, property, service or other thing of value by way of
gift, favor, loan or otherwise that might reasonably tend to influence you in the discharge of your
official duties or which you know or should have known was offered with the intent to influence or
reward your official conduct.
6. In the event you receive any gift or loan of property or services on behalf of the city, you
shall promptly deliver such gift or loan to the city manager for official acceptance and inventory by
the city.
Conflicts of Interest
7. In the event you or one of your relatives have an interest or any substantial interest in a
contract or transaction involving the city which comes before you in the performance of your
official duties, you shall make a written disclosure of your interest in the matter and abstain from
any vote or decision and not participate in any discussion on the matter.
t. LL
8. You shall not engage in any outside activities or employment which will conflict or be
incompatible with the full and proper discharge of your official duties, impair your independent
judgment in the performance of your duties, or reflect discredit upon the city.
9. You shall not represent any other private person, group or interest in any action or
proceeding against or adverse to the interest of the city or in any litigation in which the city is a
party.
10. You shall not represent any other private person or group in an action or proceeding in the
municipal courts of the city which was instituted by city officers or employees in the course of their
official duties.
11. You shall not receive any fee or compensation for your official services from any source
other than the city except as may be provided by law or authorized by the city council.
Actions Adverse to the City
12. You shall not disclose information that could adversely affect the property or affairs of the
city.
13. You shall not knowingly perform or refuse to perform any act in order to deliberately thwart
the execution of federal, state or local laws or regulations or the achievement of any official city
programs.
14. You shall not engage in any felony crime, misdemeanor involving moral turpitude, or other
conduct that reflects discredit upon the city.
Provisions for Council Members
15. As a council member, you shall not have a substantial interest in any contract with the city.
16. As a council member, you shall not represent or appear on behalf of any private interest
before any board, commission or committee of the city.
17. As a council member, you shall not give any orders to any employee except through the city
manager as provided by the city charter.
Provisions for Board Members
18. As a board member, you shall not have a substantial interest in any contract with the city in
which your board or commission, or the city department related thereto, has jurisdiction.
19. As a board member, you shall not represent or appear on behalf of the private interests of
others before your board, commission or committee, the city council, or any board which has
appellate jurisdiction over your board, commission or committee, concerning a matter which is
within the subject matter jurisdiction of your board.
Provisions for Employees
20. As an employee you shall not have an interest in any contract with the city.
21. As an employee, you shall not, within twelve months after leaving city employment, represent
any other person or organization in any formal or informal appearance with the city council or any
other agency or employee of the city concerning a project for which you had responsibility as an
employee.
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22. As an employee, you shall not represent or appear on behalf of the private interests of others
before the city council or any board, commission or committee of the city.
Sec. 2-312. Definitions.
The following definitions apply to the above Rules of Conduct.
board member - a member of any board, commission or committee of the city, including the
board of any corporation created by the city.
employee - any person employed by the city whether under civil service or not, including part-
time employees but excluding any independent contractor.
interest - any direct or indirect pecuniary or material benefit in a contract or transaction other
than:
(1) an interest which is shared by and available to all other persons similarly situated, or
(2) a remote or incidental interest which would not increase or decrease materially due to the
action of' the city or is less than $200 in value, or
(3) an interest of a subcontractor which has no direct contractual relationship with the city, is
receiving fair and reasonable compensation, and is not operating as a subterfuge to
circumvent the code of ethics.
(4) an interest in real property acquired by the city which could otherwise be accomplished
only through eminent domain provided that the property must be acquired for a public
purpose and just compensation must be paid under the Texas Constitution after obtaining an
independent appraisal.
substantial interest - any interest which has a value of $5,000.00 or more or represents 10 percent
or more of a person's gross income during the most recent calendar year.
relative - spouse, father, mother, brother, sister, son, daughter, spouse's children, father in law,
mother in law, brother in law, sister in law, son in law, daughter in law and adoptive relationships
being treated the same as natural relationships.
Sec. 2-313. Effect of Violation.
A violation of these Rules of Conduct shall subject the council member, board member or
employee to appropriate disciplinary proceedings, but such violation shall not render the action of
the city voidable by the city unless the action would not have been approved without the vote of the
person who violated the Rules of Conduct.
Sec. 2-314. Exceptions to Abstention Requirement.
The requirement that a council member or board member abstain from voting on a matter or
participating in discussion as contained in Rule 7 of the Rules of Conduct shall not apply in the
following situations, provided that such person has complied with the requirements of written
disclosure of the interest:
(a) In the event a majority of the members of the council or the board, commission or committee
have filed a written disclosure of a conflict of interest on the matter and would be required to
abstain; or
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(b) On the final approval of a budget when the person has abstained from a separate vote taken
on the particular budget item pertaining to the conflict of interest and action or that particular item
has been resolved.
Sec. 2-315. Freedom of Expression.
Nothing contained in the code of ethics shall abridge the right of any citizen, whether or not a
council member, board member or employee, to exercise his or her right of expression under the
U.S. or Texas Constitutions.
Sec. 2-316 - 2-319. Reserved.
DIVISION II. ETHICS COMMISSION.
Sec. 2-320. Establishment.
An ethics commission is created and shall consist of nine (9) members. The city council shall
solicit nominations for the ethics commission from a wide variety of professional and community
organizations in the city. Interested individuals may also submit their names for consideration.
Members of the commission may not hold or be a candidate for any city elected or appointed office.
The city council shall appoint the members of the ethics commission by a two-thirds vote of the full
council.
Sec. 2-321. Terms.
Members shall hold office for three-year terms commencing October 1. In order to establish
staggered terms, however, the initial terms of three members shall be one year, and the initial terms
of another three members shall be two years. The persons serving such shorter terms shall be
determined by lot. No holding over is permitted except as expressly provided in this code of ethics.
Sec. 2-322. Removal.
In addition to the council's usual powers of removal, members of the commission may be removed
by a majority of the council for cause. In considering a complaint filed with the city secretary or on
its own initiative, the council may follow the procedures hereinafter set forth regarding the
disposition of such alleged violations.
Sec. 2-323. Vacancies.
All vacancies shall be filled for the unexpired terms. A member shall hold office until his
successor has been appointed, and shall continue to hold office after his successor has been appointed
for the limited purpose of disposition of all complaints filed and for which presentation of evidence
was commenced during that member's term.
Sec. 2-324. Chairperson; quorum.
The commission 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. The
officers of the commission shall serve one-year terms. A majority of the members of the
commission shall constitute a quorum.
Sec. 2-325. Meetings.
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.
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Sec. 2-326. Duties.
(a) The commission shall, in addition to its other duties:
(I) Prepare and publish pamphlets and other materials explaining the duties of individuals
subject to the code of ethics. Such materials shall include instructions to the public about
how to obtain information such as financial disclosures, campaign reports, and the like from
the city.
(2) Review all statements and reports filed with the city.
(3) Annually review the code of ethics and make appropriate recommendations to the city
council after conducting a public hearing on any such recommendations.
(4) Review all public opinions related to the code of ethics that are issued by the city
attorney.
(5) Prepare and disseminate a report listing all campaign contributions and expenditures for
each candidate within 30 days following the deadline for filing the last campaign finance
reports for each city council election. For the purposes of this provision, a general election
and run-off election shall be considered as a single city council election.
(b) The commission may:
(1) Adopt rules of procedure for the conduct of its business and to carry out the provisions
of the code of ethics, consistent with the code of ethics and other applicable law.
(2) Prepare reports and studies to advance the purposes of the code of ethics.
(3) Request the city council and city manager to provide such assistance as it may require in
the discharge of its duties.
Sec. 2-327. Staffing.
The commission shall be assigned staff by the city attorney to assist in its duties. The commission
shall also designate independent legal counsel, and when complaints are filed, such independent legal
counsel may be utilized to advise the commission and participate in hearings.
Sec. 2-328. Legal Opinions and Services.
(a) Any council member, employee or board member may submit a written request to the city
manager for an opinion concerning the meaning or effect of any section, word, or requirement of
the code of ethics 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 shall be filed with the city secretary with a copy 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 commission about any 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 attorney's opinion, the independent legal counsel shall act as the commission's attorney on said
complaint.
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Sec. 2-329. Jurisdiction of Commission.
The ethics commission shall have jurisdiction of complaints involving any "city official" which
includes the mayor and members of the city council, city manager, deputy and assistant city
managers, city secretary, city attorney, department heads, and municipal court judges (including
substitute judges), and all members of any board, commission or committee of the city, including the
board of any corporation created by the city.
Sec. 2-330. Complaints.
(a) A sworn complaint alleging violation of the code of ethics shall specify the provisions of the
Rules of Conduct 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
commission shall consider possible violations of the code of ethics by city officials and board
members and former city officials and board members other than members of' this commission.
(c) A complaint alleging a violation must be filed with the city secretary within six months from
the date the complainants knew or should have known 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
commission and the person complained against. Not later than 30 days after receipt of a complaint
by the city secretary, the commission shall notify in writing the persons who made the complaint and
the person complained against whether it intends to schedule a hearing or take other action
concerning the complaint. The complainants shall have one opportunity within 15 days of any denial
of their original complaint by the commission to amend their complaint and refile the same with the
commission.
Sec. 2-331. Ex parte communications.
After a complaint has been filed and during the pendency of a complaint before the commission, a
member of the commission may not communicate directly or indirectly with any party or person
about any issue of fact or law regarding the complaint, except at a meeting of the commission.
Sec. 2-332. Hearing.
(a) The hearing shall be held as expeditiously as possible following the determination by the
commission to conduct a hearing on a particular matter. The commission may grant two
postponements, not to exceed 15 days each, upon the request of the person complained against;
provided, however, the commission may also delay commencement of a hearing for good cause such
as a hurricane or unavailability of a material witness.
(b) The issue at hearing shall be whether the violation alleged in the complaint occurred. The
commission shall make its determination based on the preponderance of credible evidence in the
record. All witnesses shall testify under oath. Strict rules of evidence shall not be required;
however, the commission shall require that all evidence be of such quality that persons customarily
rely on in the conduct of serious affairs. If the commission determines that a violation has occurred,
it shall state its findings in writing, shall identify the particular provisions which have been violated,
and within five working days shall deliver a copy of the findings to the complainants, the person
complained against, and the city secretary.
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Sec. 2-333. Oaths.
If a complaint proceeds to hearing, the commission may subpoena witnesses to attend and testify,
administer oaths, take evidence and subpoena the production of books, papers, records, or other
evidence needed for the performance of the commission's duties or exercise its powers, including its
duties and powers of investigation.
Sec. 2-334. Sanctions.
(a) If the commission determines that a violation occurred, it shall proceed directly to determine
its recommendation of appropriate sanctions. The affirmative vote of a majority of the members
holding office and qualified to vote shall be required for the determination that a violation has
occurred and the recommendation any sanction under this code of ethics. The commission may
receive additional testimony or statements before considering 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 commission shall consider that fact.
(b) If the commission determines that a violation has occurred, it may recommend the following:
(1) Against a council member 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 the power of the city council, or recall by the citizens.
(2) Against a city official other than those in (I), that appropriate action be taken, as deemed
necessary by the city manager.
(c) In determining its recommendation, the commission shall consider the seriousness of the
violation, the importance of deterrence, the impact on public confidence in government, the
violations' repeated or isolated nature, the mental state with which the violation was committed, and
the prior record of the person complained against. The recommendation shall be reduced to writing
and transmitted to the supervisory authority and to the person complained against.
(d) If the commission finds that conduct occurred which, if willful, would violate the Rules of
Conduct, but the commission cannot determine that the conduct was a willful violation because of
ambiguity as to the meaning of the standard of conduct involved, the commission will recommend no
sanction, but will issue a clarifying interpretation to guide future cases.
(e) Nothing in the code of ethics shall change or affect the civil service, at will, or other status of
any employee, city official, or board member as established by the city charter and ordinances.
(f) The city council or supervisory authority shall consider the recommendation of the commission,
but will exercise its own judgment and discretion in determining what action, if any, to take.
(g) If the commission determines that a violation of any criminal law has occurred, it shall
deliver a copy of its findings to the complainants, the person complained against, and the city
attorney, recommending whether prosecution should be initiated or setting forth requirements to be
complied with in order that voluntary compliance may be had. Said findings shall also be delivered
to the county attorney or district attorney, if a violation may be within their jurisdiction.
Sec. 2-335 - 2-339. Reserved.
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DIVISION III. FINANCIAL DISCLOSURE.
Sec. 2-340. 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. Council members and planning commission members shall also file with the city
secretary a Supplemental Report of Financial Information by the last Friday of July of each year
covering the most recent January 1 through June 30.
Sec. 2-341. Definitions.
The following definitions shall apply to these financial disclosure provisions:
person - an individual, proprietorship, firm, partnership, joint venture, syndicate, trust, company,
corporation, association, committee, estate, receiver, entity, or any other organization or group of
persons acting in concert, whether profit or nonprofit.
relative - spouse, father, mother, brother, sister, son, daughter, spouse's children, grandfather, son
in law, daughter in law, 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, and first cousin's spouse, adoptive relationships being treated the same as
natural relationships.
reporting official - the mayor and members of the city council, city manager, deputy and assistant
city managers, city secretary, city attorney, department heads, municipal court judges (including
substitute judges), and all members of the planning commission, the ethics commission, the civil
service board and the civil service commission.
Sec. 2-342. Content of Reports.
The reports required 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 names of any businesses with which the reporting official was actively engaged or
associated, and the principal address and phone number of each, together with the position or title
held. (This list should not include interests in or positions with any businesses which are required to
be reported in other provisions of this section.)
(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. If the reporting official is self employed
or owns or controls at least a 20% interest in a partnership, corporation or other entity through which
the reporting official does business, the reporting official shall also report the names and addresses of
the clients or customers who do business with the city from whom the reporting official, partnership,
corporation or other entity received at least 10% of its gross income. Prior to each reporting
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deadline, the city shall publish a list of the names and addresses of the persons who do business with
the city in the amount of $10,000 or more each year (excluding utility services or the payment of
taxes) which reporting officials may rely upon for the purposes of complying with this provision. A
reporting official operating a business as a sole proprietor shall not be required to report a client or
customer under this subsection he or she would not have to report if operating as a corporation or
partnership
(e) The names and addresses of all corporations, partnerships or other business organizations 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.
(g) The name and address of any person to whom the reporting official was indebted in excess of
$10,000 together with the dates any such debts were incurred. "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 an obligor on any note, bond, loan or any other
similar obligation, written or unwritten, owed to the reporting official which in the aggregate equal
$10,000 or more together with the dates of such obligations.
(i) 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.
(j) The names and addresses of all persons from whom the reporting official received gifts or
favors, including but not limited to trips, excursions, food, lodging, money, commodities or services,
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. 2-343. Financial Disclosure by Candidates.
All 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 the
above sections with the city secretary within five days after filing for office. If the deadline for
candidate filing is after June 30, they shall also file a Supplemental Report of Financial Information.
If any incumbent candidate has previously filed a report for the appropriate period(s), that report
shall satisfy this section.
Sec. 2-344. Reports to be Sworn and Maintained.
All reports of financial information required by the code of ethics shall be sworn, and shall be
preserved for five years as public records.
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Sec. 2-345. 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. 2-346. Failure to File Report.
The failure of a reporting official or employee to file a true and accurate report as required under
this code of ethics shall constitute a violation of the Rules of Conduct. In the event a person who
has failed to file a required report no longer serves in an official capacity with the city, that person
shall be barred from serving as an appointed officer, board member or employee of the city in the
future until the required report has been filed.
Sec. 2-347. Voluntary Reports.
Any city official, employee, or board member may file reports exceeding the requirements of the
code of ethics, and said reports shall be preserved in the same manner as required reports.
Sec. 2-348. Disclosure of Gifts by Employees.
Any employee of the city, whether under civil service or not, who received gifts or favors,
including but not limited to trips, excursions, food, lodging, money, commodities, or services, from
any person other than a relative cumulatively exceeding $200 in value in any calendar year, shall file
a report of the names and addresses of such persons and the date and nature of each gift with the
city secretary. The deadline for filing such reports shall be February 1 of each year; provided that,
such a separate report shall not be required for any employee who is required to file a report as a
reporting official.
Sec. 2-349. Disclosure of Interests by Contractors.
(a) Any business desiring city council, board, commission or committee consideration or action
concerning that business (other than granting an electrician license, solicitation permit and approving
a plat) shall, prior to its placement as an agenda item on the public notice of such body, file with the
city (and if a vender, file with the city's purchasing agent) a statement specifically naming any city
employee, official and board member having an ownership interest in the business constituting three
(3) percent or more of the ownership, or having any pecuniary interest in the transaction or property
which is the subject of consideration or action.
(b) In the case of any business desiring to sell goods or services to the city (except when the
value of the goods or services is not reasonably anticipated to exceed one hundred dollars ($100.00)
per calendar year), but which does not require city council, board, commission or committee
consideration or action, the business shall file with the city' purchasing agent a statement specifically
naming any city employee, official and board member having any ownership interest in the business
constituting three (3) percent or more of the ownership, or having any pecuniary interest in the
transaction. This provision does not apply to or include the purchase of magazine subscriptions and
memberships in professional or trade organizations related to municipal operations.
(c) For corporate businesses whose shares are publicly traded and listed on recognized national or
regional stock exchanges or over-the-counter markets, it shall be sufficient if a current Securities
and Exchange Commission Form 10-K is filed in lieu of the statements required by this section.
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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.
SECTION 3. Publication shall be made one time in the official publication of the
City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance,
this ordinance to become effective upon such publication.
1117/.ACO
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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 I, Edward A. Martin
David Berlanga, Sr. Joe McComb % 1
Leo Guerrero Clif Moss
Tom Hunt Mary Rhodes
Frank Schwing, Jr.
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 Edward A. Martin
David Berlanga, Sr. Joe McComb
Leo Guerrero Clif Moss
Tom Hunt Mary Rhodes
Frank Schwing, Jr.
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 Edward A. Martin
David Berlanga, Sr. Joe McComb
Leo Guerrero Clif Moss
Tom Hunt Mary Rhodes
Frank Schwing, Jr.
PASSED AND APPROVED, this the,day of 19
ATTEST:
City Secretary MAYOR
APPROVED:
4 DAY OF
HAL GEORGE, CITY ATTORNEY
tant City Attorn
99.044.01
THE CITY OF CORPUS CHRISTI, TEXAS
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OF ORDINANCE #20781
AMENDING THE HCODE
ER F
ORDINANCES,
'ADMINISTRATION, BY RE-
PEALING ARTICLE V, CODE
OF ETHICS IN ITS ENTIRETY
EXCEPT 2-317
IS HEREBYEC RENUMBE EDTCF A`
SEC. 2-40 AND TUT
NG THEREFOREU ATINEV
ARTICLE V, CODE OF
ETHICS.
Was passed and approve
by the City Council of the Ci
of Corpus Christi, Texas c
the 19th day of Septembe
1989. The full text of sal
ordinance is available to th
public in the Office of the Gt
Secretary
Is/ Armando Chap:
Cay Secretary
Cuc of Corpus Christ.
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