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HomeMy WebLinkAbout023772 ORD - 09/21/1999AN ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ETHICS TO ENACT A PREAMBLE, TO PROHIBIT PARTICIPATION IN APPOINTMENTS OF CERTAIN PERSONS TO CERTAIN ENTITIES, TO PROVIDE FOR LOBBYIST REGISTRATION, AND TO MODIFY THE ATTORNEY FEES PROVISION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES FOR VIOLATION OF SECTION 2-316. WHEREAS, the City's Ethics Commission has recommended certain changes to the City Code of Ethics. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 2 of the Code of Ordinances of the City of Corpus Christi is hereby amended by adding to Article V, Division 1, a new Section 2-310, Preamble, to read as follows: Sec. 2-310. Preamble. The purpose of this Code of Ethics is to promote public trust by establishing rules of conduct for city council members, board members. and employees: by providing a fair .rocess for receivin• and adudicatincom.laints- and b re.uirin .eriodic financial disclosure. The rules of conduct form the basis for possible sanctions. and are therefore intended to clearly define proper conduct so that those who must comply may understand the rules and carry out their responsibilities consistently with the rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the rules: in such situations. council members, board members. and employees are encouraged to keep in mind the ideal of the public trust and to conduct themselves in a manner to avoid the appearance of impropriety even where not compelled by the rules. SECTION 2. Chapter 2 of the Code of Ordinances of the City of Corpus Christi is hereby amended by adding to Article V, Division 1, Section 2-311, a new subsection (17.1) to read as follows: (17.1) As a council member, you shall not participate in the process for the appointment of or the confirmation of the appointment of a member to a board, commission or committee of the cit or to the • overnin_ bod of an inde mendent entitv all or .art of whose members are appointed by the city council, after you are aware that an individual seeking bein .romoted for or bein considered for the .osition: 9JRB0230.232 11) is related to you within a degree described by Section 573.002, Texas 023772 2 Government Code. (21 is your employer (3) is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code which is our em lo er• or (4) owns 10 percent or more of the voting stock or shares of a business entity which is your employer. SECTION 3. Chapter 2 of the Code of Ordinances of the City of Corpus Christi is hereby amended by adding to Article V, Division 1, a new Section 2-316, Lobbyist Registration, to read as follows: Sec. 2-316. Lobbyist Registration. Subsection A. Persons Required to Register as Lobbyists (a) A person who engages in lobbying must register with the city secretary if, with respect to any client, the person engages in lobbying activities for compensation. (b) The followinu persons are not required to register under subsection (a): (1) jilstliButlets. Aperson who owns pushes oris employ blied b (Al a newspaper: (B) any other regularly published periodical - (C) a radio station - (D) a television station - (E) a wire service: or (F) any other bona fide news medium that in the ordinary course of business disseminates news opinions, or paid advertisements that directly or indirectly oppose or promote municipal questions to seek to influence official action relating thereto, if the person does not engage in other activities that require registration under Part E. This Subsection does not exempt the news media c a person whose relation to the news media is only incidental to a lobbying effort or if a position taken or advocated by a media outlet directly impacts affects or seeks to influence a municipal question in which the media outlet has a direct or indirect economic interest. (21 Mobilizing Entity Constituents. A person whose onlaying activi is to encourage or solicit the members, employees, or owners (including shareholders) of an entity by whom the person is compensated to communicate directly with one or more city officials to influence municipal questions. This exception is intended to apply to neighborhood and other similar not-for-profit organizations. 9JRB0230.232 3 (3) Governmental Entities. Governmental entities and their officers and employees provided the communications relate solely to subjects of governmental interest concerning the respective governmental bodies and the city. (4) Unknown Municipal Ouestions. A person who does not know and has no reason to know that a municipal question is pending at the time of contact with a city official. (5) Dispute Resolution. An attorney or other person whose contact with a city official is made solely as part of resolving a dispute with the city, provided that the contact is solely with city officials who do not vote on or have final authority over an municisal suestion involved and so lon• as such an attorne com.lies with Rule 4.02 of the Texas Disciplinary Rules of Professional Conduct. as amended. Subsection B. Definitions. The following words and phrases have the meaning ascribed to them in this section unless the context requires otherwise: (al_City official means the members of the city council. city manager. deputy and assistant city managers. city secretary. city attorney assistant city attorneys, department heads municipal court judges, and all members of any board. commission or committee of the city including the board of any corporation created by the city. b Client means an Berson on whose behalf Lobb in_ is conducted. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities the client is the coalition or association and not its individual members. (c) Compensation means money service facility or other thing of value or financial benefit that is received or is to be received in return for or in connection with services rendered or to be rendered. Compensation does not include a payment made to any individual regularly employed by a person if (1) the payment ordinarily would be made regardless of whether the individual engaged in lobbying activities and (2) lobbying activities are not part of the individual's re ular res.onsibilities to the .erson makin• the .a ment. Comsensation does not include the financial gain that a person may realize as a result of the determination of a munici sal I uestion unless that • ain is in the form of a contin ent fee. (d) Lobby or lobbying means any oral or written communication (including an electronic communication) to a city official, made directly or indirectly by any person in an effort to influence or persuade an official to favor or oppose, recommend or not recommend, vote for or against or take or refrain from taking action on any municipal question. The term lobby or lobbying does not include a communication: 9JRB0230.232 4 (1) merely requesting information or inquiring about the facts or status of any municipal question, matter. or procedure, and not attempting to influence a city official. (2) made by a public official or employee acting in his or her official capacity - (3) made by a representative of a media organization if the purpose of the communication is !atherin and disseminatin news and information to the .ublic. (4) made in a speech, article, publication, or other material that is distributed and made available to the .ublic or throuth radio television cable television r other medium of mass communication. (5) made at a meeting open to the public under the Open Meetings Act (6) made in the form of a. written comment filed in the course of a public proceedin • or any other communication that is made on the record in a public proceeding; (7) made in writing as a petition for official action and required to be a public record pursuant to established city procedures. 8 made in writin• to .rovide information in res.onse to an oral or written re by a city official for specific information. (9) the content of which is compelled by law. 10 made in res once to a .ublic notice solicitin! communications from the 0 an uest ublic and directed to the official 1 ecificall desi nated in the notice to receive such communications. 11 made on behalf of an individual with reand to that individual's em.lo ment or benefits. 12 made b a fact witness or exert witness at an official sroceedin• or (13) made by a person solely on behalf of that individual. his or her spouse. or his or her minor children. (e) Municipal question means a public policy issue of a discretionary nature pending or impending before city council or any board or commission, including but not limited to proposed action, or proposals for action. in the form of ordinances, resolutions, motions recommendations, reports regulations, policies, nominations, appointments, sanctions, and bids. including_ the adoption of specifications, awards, grants, or contracts. The term municipal question does not include the day-to-day application, administration, or execution of city programs and policies. Subsection C. Registration. (a) A registration form shall be completed and filed by a person required to register prior to the commencement of lobbying activity for a client. (b) A separate registration form must be filed for each client. (c) The registration shall be on a form prescribed by the city secretary and shall include, to the extent applicable: 9JRB0230.232 5 (1) the full name, phone number, permanent address, and nature of the business of: (A) the registrant (B) the client. (C) any lobbying firm for which the registrant is an agent or employee with respect to the client; and (D) each employee or agent of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the client 2 a statement of all mun client. ci.al estions on which the istrant will lobb for the fd) A registrant shall file an amended registration if the information contained in the current registration changes or is incorrect. (e) A registrant may file a termination of reeistration when no longer required to reeister. SECTION 4. Chapter 2 of the Code of Ordinances of the City of Corpus Christi is hereby amended by amending subsection (e) of Section 2-330, of Division 2, Article V, to read as follows: (e) If the commission determines such .art 's com.laint or defense was _roundless Blegal fees incurred by the complainants, the commission, and the party complained against, in an amount determined reasonable by the commission J1 ll be paid by may be awarded against the unsuccessful party. - groundless, "Groundless" means (1) without basis or 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. • SECTION 5. A violation of Section 2-316 of the City Code shall be punishable as provided in Section 1-6 of the City Code. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this resolution 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, phrases, word or provision of this resolution. 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. 9JRB0230.232 6 That, foregoi & ordinance was read for the first time and passed to its second reading on this the ` a -ay of 99, by the following vote: Samuel L. Neal, Jr. Rex A. Kinnison Javier D. Colmenero Betty Jean Longoria Melody Cooper John Longoria Henry Garrett .� / Mark Scott Dr. Arnold Gonzales That t of e foregoing orfinance was read for the second time and passed finally on this the cf'1 qday Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales , 1999, by the following vote: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott PASSED AND APPROVED, this the r/1 day of ATTEST: Armando Chapa City Secretary APPROVED: 1999. Maw- ithkxf Samuel L. Neal, Jr. Mayor, The City of Corp ' Christi 1 DAY OFn+ie✓ , 1999: James R. Bray, Jr., City Attorney 023772 9JRB0230.232 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 3111112 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller - Times and on the World Wide Web on the Caller -Times Interactive on the 27TH GAL kilo .oa.gia mous Christ Cater -Times, Monday, September 27, 1999/D7 day(s) of SEPTEMBER, 1999. TWO (2 $50.20 NOTICE OF PASSAGE OF ORDINANCE NO. 023772 Amending the Corpus Christi Code of Ethics to enact a preamble to prohibit participation in appoirtynents of certain perstr s to certain entitles] to provide for lobbyist registration, and to modify the attorney fees provision; providing for severability; and providing for penalties for violation of Section 2- 316. This ordinance was passed and approved by the City Council of the City of Corpus Christi on September 21, 1999. /s/Armando Chapa City Secretary City of Corpus Christi Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of SEPTEMBER 28, 1999. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. State of Texas—'-' County of Nueces } C6, PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 3111112 PO# Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 023772 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 27TH day(s) of SEPTEMBER, 1999. TWO (2) Time(s) moo' Uo. oa3 8702 wpus Christi Caller -Times, Monday, September 27, 1999/olresident and Chief Financial Officer TICE OF PASSAGE OF ORDINANCE NO. 023772 mending the Corpus Christi Code of Ethics to enact a preamble to prohibit participation in appointments of certain persons to certain entities, to provide for lobbyist registration, and to modify the attomey fees provision; providing for severability; and providing for penalties for violation of Section 2- 316. This ordinance was passed and approved by the City Council of the City of Corpus Christi on i September 21, 1999. /s/Armando Chapa City Secretary City of Corpus Christi Subscribed and sworn to before me this 28TH day(s) of SEPTEMBER, 1999. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.