HomeMy WebLinkAbout030573 ORD - 08/11/2015 1
Ordinance amending Sections 2-330 and 2-334 of the City Code to amend the
City's Code of Ethics regarding the complaint form and procedures; and
providing for publication.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That City Code of Ordinances, Chapter 2, Article V, regarding the Code
of Ethics, Division 2, Ethics Commission, Section 2-330, Complaints, and Section 2-334
Sanctions, are revised. The deleted text is shown in strike-through text, with the new
text shown in underlined text.
Sec. 2-330. Complaints.
(a) A sworn complaint alleging violation of the code of ethics shall specify the provisions
of the rRules of eConduct (Section 2-311) alleged to have been violated and facts alleged to
constitute the violation. In lieu of a complaint sworn to under oath, the complainant may
subscribe to the complaint using an unsworn declaration prepared in compliance with the
Texas Unsworn Declaration Act, Texas Civil Practice and Remedies Code, Chapter 132, as
amended.
(b) Upon the complaint of any one (1) person 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. In addition, the commission shall consider such possible violations when
referred to it as a complaint by majority vote of all council members holding office and
qualified to vote thereon. The council may direct the city attorney to draft such referred
complaint, which shall be reviewed as other complaints hereunder. The council members
voting for the complaint shall sign the complaint.
(c) A complaint alleging a violation must be filed with the city secretary within six (6)
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 (3) 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 commi"cion and the person complained against. Not later than thirty
(30) days after receipt of a complaint by the city secretary, the commission shall notify in
complained against shall have ten (10) days to submit a written response to the complaint
prior to the commi-sion deciding whether to hold a hgaring. The complainants shall have ono
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(1) The city secretary, after receiving a complaint submitted in accordance with
subsection (a) above, shall, within three working days, acknowledge receipt to the
complainant and provide a copy to the city attorney, the commission, and the person
complained against.
(2) The person complained against shall have ten calendar days, from receipt of the
complaint, to submit a written response to the complaint to the city secretary.
(3) The commission shall, not earlier than the time allotted in (d)(2) and not later than
thirty calendar days after receipt of a complaint by the city secretary, notify in writing the
person who made the complaint and the person complained against whether it intends to
schedule a hearing or take other action concerning the complaint.
(4) The complainant shall have one opportunity within fifteen calendar days of any denial
of their original complaint by the commission to amend their complaint and refile the same
with the commission.
(e) If the commission determines such party's complaint or defense was groundless,
legal fees incurred by the complainants, the commission, and the party complained against,
in an amount determined reasonable by the commission may be awarded against the
unsuccessful party. "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.
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 present at the meeting 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:
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(1) Against a council member or against a board member or city official
appointed or confirmed by the council, it may recommend to the full city council a
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), it may recommend to the city
manager 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 requirements may be
had. Said findings shall also be delivered to the county attorney or district attorney, if a
violation may be within their jurisdiction.
(Ord. No. 20781, § 1, 9-19-1989)
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 of this ordinance be given full force and effect for its purpose.
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SECTION 3. 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. This ordinance
shall take effect upon final City Council approval.
That the foregoing ori nce was read for he first time and passed to its second
reading on this the Iay of , • 2015, by the following vote:
Nelda Martinez A : Brian Rosas ,'
144 , I/
Rudy Garza Lucy Rubio .t
Chad Magill a)0•&w Mark Scott Al
Colleen McIntyre Carolyn Vaughn /� ,,
Lillian Riojas /
___IL,
That the fcf, egoing ordinance was r-ad for the second time and passed finally on this
the f day of tt a , 2015, by the following vote:
Nelda Martinez 0 Brian RosasOL-10)ik+
Rudy Garza Lucy Rubio -6-2- ---(24.4z___,
Chad Magill Mark Scott
Colleen McIntyre i Carolyn Vaughn
Lillian Riojas ____0_,
PASSED AND APPROVED, this the 'I day of a-AkCOLUA015.
ATTEST:
ceNli:
F-2 52 111-2-C X41, 71‘. -Q__,t A
Rebecca Huerta Nelda Martine
City Secretary Mayor
EFFECTIVE DATE
1____f_ i I I6
___
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PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad# 645867
PO#
Before me,the undersigned, a Notary Public, this day personally came GEORGIA LAWSON,who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE 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, Kleberg, Live Oak,Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE(S)NO which the annexed is a true copy,
was inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 08/17/15 Mon
CC-Internet- caller.com 08/17/15 Mon
c.)
vL GAL SALES REPRESENTATIVE
On this 1 day of , 20 1, C7certify that the attached document is a true
and exact copy made by publishe .
r
Att: MICHELLE JOYCE CABRERA Notary Public, State of Texas
My Commission Expires
March 19,2016
CALLER-TIMES a Monday,August 17,2015 a 3E
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO...:: -030571,_—Ordinance,
inane:
amending the Corpus Christi
Code of Ordinances by add-
ing a new chapter, Chap-
ter 5, Business Regulations;
Creating Chapter 5, Article
I - CREDIT ACCESS BUSI-
NESSES to set forth regis-
tration requirements and
credit extension guidelines
for credit access business-
es;providing for severance;.
providing for publication;
providing for penalty; and
providing for an effective
date of November 9, 2015;
NO. 030573, Ordinance
amending Sections 2-330
and 2-334 of the City Code.
to amend the City's Code of
Ethics regarding the"com
plaint form and procedures;
and providing for .publi-
cation; NO. 030574, Ordi-
nance amending
rdi-nanceamending Chapter
49, Article II, Section 49-21
"Required Improvements;
Policy on Assessments";
Amending Ordinance 029769
Passed and Approved on
March 19,"2013, to adopt
the final assessment roll
and assessments to be lev-
ied against the owners of
property abutting on ,Vaky
Street from Swantner Drive
to Reid Drive,Ivy Lane from
Gollihar Road to Home Road
and Clare Drive from South
Padre Island Drive to McAr-
die Road (The "Project")
(Bond 2008). These ordi-
nances were passed and
approved on second reading
by the Corpus Christi City
Council on August 11,2015.
s/Rebecca Huerta
City Secretary