HomeMy WebLinkAbout028271 ORD - 08/18/20091
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 2, ARTICLE V, CODE OF ETHICS, REGARDING
CONFLICTS OF INTEREST, GIFTS, FINANCIAL DISCLOSURE
REPORTS, ETHICS COMMISSION DUTIES, AND DISCLOSURE OF
INTERESTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics,
Division 1 Rules of Conduct, Section 2-310 Preamble, is amended to add two additional
paragraphs 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
process for receiving and adjudicating complaints; and by requiring periodic 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.
(Ord. No. 23772, § 1, 9-21-1999)
"If a Council Member believes that he/she should abstain from voting on an item to
avoid the appearance of impropriety, as encouraged by this Code of Ethics Ordinance,
or who in discussing or voting on an issue is unable to take an unbiased position, that
Council Member shall be disqualified from discussions about and subsequent voting for
that item under this City Ordinance.
"The City recognizes that City Council Members are also members of the society and,
therefore, cannot and should not be without any personal and economic interest in the
decisions and policies of government; that city council members retain their rights as
citizens to interests of a personal or economic nature and their rights to publicly express
their views on matters of general public interest. It is not the intent of this Ordinance to
diminish the rights of City Council Members as citizens of the community."
SECTION 2. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics,
Division 1 Rules of Conduct Section 2-311 Standards, is amended by deleting
paragraph (25), adding paragraph (5) (a), and revising paragraphs 7, 15, 21 to read as
follows:
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"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) (a) 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. Notwithstanding the foregoing sentence, Corpus Christi police
officers, airport public safety officers and municipal court marshals may wear their city -
issued uniforms, badges, and other uniform attire, may use their city -issued radios, and
may carry their city -issued weapons, on approved off-duty law enforcement
employment; and Corpus Christi fire fighters may wear their city -issued uniforms,
badges, and other uniform attire, and use their city -issued radios on approved off-duty
fire watch employment.
"(b) You may not spend or authorize the spending of public funds for political
advertising. This prohibition does not apply to a communication that factually describes
the purposes of a measure if the communication does not advocate passage or defeat
of the measure. This paragraph shall be construed consistently with Texas Election
Code Section 255.003.
"(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.
"(5) (a) Special Applications. Subsection 2-311 (5) does not include:
(1) a gift to a city official or employee relating to a special occasion, such as a
wedding, anniversary, graduation, birth, illness, death, or holiday, provided that the
value of the gift is fairly commensurate with the occasion and the relationship between
the donor and recipient;
(2) advancement for or reimbursement of reasonable expenses for travel in
connection with official duties provided by third parties must be disclosed in the travel
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report; payment for or reimbursement of expenses for travel in excess of authorized
rates under city policy will be treated as a personal gift to the official or employee for
any applicable reporting requirement;
(3) a public award or reward for meritorious service or professional
achievement, provided that the award or reward is reasonable in light of the occasion
and it is not prohibited under Texas Penal Code Section 36.08 (Gift to Public Servant by
Person Subject to His Jurisdiction);
(4) a loan from a lending institution made in its regular course of business on
the same terms generally available to the public;
(5) a scholarship or fellowship awarded on the same terms and based on the
same criteria that are applied to other applicants;
(6) any solicitation for civic or charitable causes;
(7) admission to an event in which the city official or employee is participating
in connection with his or her spouse's position;
f8) ceremonial and protocol gifts presented to City officials from a foreign
government or international or multinational organization and accepted for the City of
Corpus Christi;
(9) admission to a widely attended event, such as a convention, conference,
symposium, forum, panel discussion, dinner, viewing, reception or similar event, offered
by the sponsor of the event, and unsolicited by the City official or employee if attending
or participating in an official capacity, including:
(A) the official or employee participates in the event as a speaker or
panel participant by presenting information related to matters before the City; or
(B) the official or employee performs a ceremonial function appropriate
to that individual's position with the City; or
(C) attendance at the event is appropriate to the performance of the
official duties or representative function of the official or employee;
(10) admission to a charity event provided by the sponsor of the event, where
the offer is unsolicited by the City official or employee;
(11) admission to training or education program or other program, including
meals and refreshments furnished to all attendees, if such training is related to the
official or employee's official duties and the training is in the interest of the City.
"(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 of the city.
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"Conflicts of interest:
on the matter.
"(7) In the event you or one of your relatives have a potential conflict of interest which
could influence the Council member's ability to make an impartial decision, an interest,
a reasonable expectation of an economic benefit, 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, or 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 any action or
proceedingin 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:
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"(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 on the city.
"Provisions for council members:
"(15) As a City Council member, individually, you shall not have a substantial interest
in any contract with the City of Corpus Christi.
"(16) In order to preserve and promote independent advice and decisions from city
boards and the integrity of the independent board process as a council member, you
shall not speak before any city board, commission or committee except on behalf of
your own financial interest; in which case, you shall publicly state the nature of your
financial interest and that you are appearing only in your private capacity.
"(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.
"(18) 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 city, or to the governing body of an independent entity all or part of
whose members are appointed by the city council, after you are aware that an individual
seeking, being promoted for, or being considered for the position:
"(1) is related to you within a degree described by Section 573.002, Texas
Government Code;
"(2) 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 your employer; or
"(4) owns ten (10) per cent or more of the voting stock or shares of a business entity
which is your employer.
"Provisions for board members:
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"(19) 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.
"(20) 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:
City Employees:
"(21) As an employee you shall not have an interest in any contract with the city. This
prohibition does not include any employment contract which may be authorized for the
employee, a contract of sale for real property or a contract for services which are
available for all citizens.
"(22) Unless previously recommended by the city manager, and approved by the
ethics commission, as an employee, you shall not, within twelve (12) 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.
"(23) 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).
"(24) As an employee, you may not be employed by any business or individual who has
business dealings with or for your department, including any work that is subject to
review or inspection by your department, even if you do not personally review or inspect
the work of the business or individual."
(Ord. No. 20781, § 1, 9-19-1989; Ord. No. 20913, § 1, 5-1-1990; Ord. No. 23772, § 2, 9-
21-1999; Ord. No. 24613, § 1, 10-9-2001; Ord. No. 025769, § 1, 5-25-2004; Ord. No.
027642, § 1, 4-8-2008)
SECTION 3. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics,
Division 1 Rules of Conduct, Section 2-312 Definitions, is amended by deleting the
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definitions for Direct Family Member and Supervisory City Employee, and adding a
definition for Economic benefit and expanding the definition of Substantial 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 the city, including
the board of any corporation created by the city.
as 1 1 — as
"Economic benefit: an action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the
public in general or a substantial segment thereof.
"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 two hundred dollars ($200.00) 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; or
(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.
"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.
"Substantial interest: Any interest which has a value of five thousand dollars
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Any interest in a business entity if a city council
member or relative owns ten (10) per cent or more of voting stock or shares of the
business entity or owns ten (10) per cent or more or $5,000 or more of the fair market
value of the business entity *or funds received from the business entity exceeds ten (10)
per cent or more of the person's gross income for the previous year. A City Council
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Member has a substantial interest in real property if he or his relative controls or has an
equitable or legal ownership interest with a fair market value of $2,500 or more. "
(Ord. No. 20781, § 1, 9-19-1989)
SECTION 4. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics,
Division 2 Ethics Commission, Section 2-326, is amended by renumbering paragraph
(a) and adding new paragraph (a) (1), to read as follows:
"Sec. 2-326. Duties.
"(a) The commission shall, in addition to its other duties:
"(1) Review all proposed changes to this Ordinance and make
recommendations to City Council before being placed on a City Council
agenda for action.
"(1) (2) 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) (3) Review all statements and reports filed with the city.
(3) (4) Annually review the code of ethics and make appropriate
recommendations to the city council after conducting a public hearing on
any such recommendations.
{4-) (5) Review all public opinions related to the code of ethics that are
issued by the city attorney.
(5) (6) Prepare and disseminate a report listing all campaign contributions
and expenditures for each candidate within thirty (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.
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(3) Request the city council and city manager to provide such
assistance as it may require in the discharge of his duties."
(Ord. No. 20781, § 1, 9-19-1989)
SECTION 5. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics,
Division 3 Financial Disclosure, Section 2-342 Content of Reports, is amended by
revising paragraph (e) and (1) as follows:
"Sec. 2-342. Content of reports.
(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
five thousand dollars ($5,000) or equivalent to ten (10) per cent or more
of the stock or equity in the entity or owns ten (10) per cent or more or
$5,000 or more of the fair market value of the business organization or
funds received from business organization exceeds ten (10) per cent or
more of the person's gross income for the previous year.
(i} A list of all contracts with the City of Corpus Christi, including the date,
term, type of good or services provided and the amount of the contract.
All boards of directors or governing bodies of which the reporting official is
a member, and all offices or executive positions the reporting official holds
in corporations, partnerships, limited partnerships, professional
corporations, associations, or other entities, including non -business and
non-profit entities, stating the name of each entity and position held, and
excluding entities owned or created by the city.
The 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 two
hundred dollars ($200.00) 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."
SECTION 6. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics,
Division 3 Financial Disclosure, Section 2-349, Disclosure of interests by contractors, is
amended by adding paragraph (d) as follows:
(-4
" Sec. 2-349. Disclosure of interests by contractors.
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"(d) If a person who requests official action on a matter knows that the requested
action will confer an economic benefit on any City official or employee that is
distinguishable from the effect that the action will have on members of the public in
general or a substantial segment thereof, he or she shall disclose that fact in a signed
writing to the City official, employee, or body that has been requested to act in the
matter, unless the interest of the City official or employee in the matter is apparent. The
disclosure shall also be made in a signed writing filed with the City Secretary."
SECTION 7. 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 of this ordinance be given full force and effect for its purpose.
SECTION 8. 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 9. This ordinance takes effect on date of publication.
SECTION 10. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 18th day of August, 2009.
ATTEST:
Armando Chapa, City Secretary
Approved: July 15, 2009
By:
Mary Kay Fisc er, City Attorney
THE CITY OF CORPUS CHRISTI
Joe Adame, Mayor
EFFETIVE DAT!
A-11+-45 0Qt�
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11
Corpus Christi, Texas
I�" Day of /41A , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Joe Adame, Mayor
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
028271
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State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5915240
Po #
Before me, the undersigned, a Notary Public, this day personally came
JENNIFER HOBBS, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, 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. 028271 which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
8/24)2009, 8/24/2009.
$ 108.39
1Time(s)
LEGS ' : S REPRESE TIVE
On this day of , 2� I certify that the attached document
is a true and an exact cop made by fublisher.
No : ry Public, State of Texas
CALLER -TIMES a August 24, 2009 a 5E
NOTICE C
PASSAGE OF
ORDINANCE NO.
028271
Ordinance amending
the Code of Ordi-
nances, City of
Chap-
terus Christi,Cha
pp
ter 2, Article V, Code
of Ethics, regarding
conflicts of interest,
gifts, financial disclo-
sure reports, ethics
commission duties,
and disclosure of
interests; providing
for publication; and
providing an effective
date. This ordinance
was passed and ap-
proved by the City
Council of the City of
Corpus Christi on Au-
gust 18, 2009. The
effective date is Au-
gust 24, 2009.
Is/ Armando Chapa
City Secretary!
City of Corpus Christi l