S:\ Legal\ O ur pocu ments\ Ordinances\ 18\ Ordinance- Ethics Draft H OS- 01- 18 Clean. docx

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WHEREAS, the City Council of the City of Denton enacts this new Code of Ethics to fostera culture of integrity for those who serve the municipality and aur citizenry; and

E EAS, the City Cauncil strives to increase public canfidence in our municipalgovernment; and

E EAS, the City Council finds that it is the policy of the City that all City Officialsand emplayees shall conduct themselves in a manner that assures the public that we are faithful

stewards of the public trust; and

E AS, the City Council has determined that city officials have a responsibility to thecitizens to administer and enforce the City Charter and City Ordinances in an ethical manner; and

E AS, the City Cauncil wants to enhance public confidence in our municipalgovernment by providing that each city official must strive not anly ta maintain technicalcompliance with the principles af conduct set forth in this Article but to aspire daily to carry out

their duties objectively, fairly, and lawfully; and

E AS, the City Council enacts this Ordinance to ensure that decision makers provideresponsible stewardship of City resources and assets; and

WHEREAS, the City Council intends this Ordinance to provide a framewark within whichto encaurage ethical behaviar and enforce basic standards af conduct while providing due pracessthat protects the rights of the camplainant and the accused, and not to provide a mechanism ta

defame, harass or abuse political opponents, ar publicize personal grudges; and

E EAS, on November 7, 2017, Denton voters approved a propositian amending the

City Charter so as to require the adoption of an ordinance regulating ethics; and

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Ethics Ordinance Requirement.

The City Council shall adapt an ethics ordinance. The ethics ordinance shall

prahibit the use of public afiice for private gain and shall incorporate the conflict

of interest standards that appear in chapter 171 of the Texas Lacal Government

Code and all state law as presently exist or may be hereafter amended or adopted. The Council may adopt more stringent standards than those that appear in state law, but the ethics ardinance shall at a minimum include the follawing components:

1) Definition of a prohibited impraper economic interest and persanal

gain;

2} Definition af recusal and improper participation when a potential

conflict of interest is present;

3) Avoidance of appearance of conflict of interest; and

4) Administration and enforcement of ethics ardinance, including thepower to subpoena witnesses and documents, coupled with strangand meaningful remedies for infraction;

E EAS, prior to commencing the drafting process, the City Council completed two2) hours of formal training on state ethics laws and common companents of municipal ethics

policies in Texas; and

WHEREAS, the contents of this draft was selected from a sampling of more than nineteen19} municipal ethics policies from across Texas; and

WHEREAS, this document represents the consensus of preferences expressed by the CityCouncil over a period af eight ( 8) public wark sessions, and four ( 4) public hearings, which were

broadcasted. Altogether, the work sessions exceeded twenty ( 20) hours of deliberations; and

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SECTION 1. FINDINGS OF FACT. The foregoing recitals are incorparated into thisOrdinance by reference as findings of fact as if expressly set forth herein.

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together in harmony. However, all Ordinances, or parts thereof, that are in conflict ar inconsistentwith any provision of this Ordinance including, but not limited to Section 2- 62 ( Conflict of Interest), are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be andremain cantralling as ta the matters regulated, herein.

SECTI N 4. SEVE ILITY. Should any of the clauses, sentences, paragraphs,

sectians, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a courtof law or administrative agency with jurisdiction over the matter, such action shall not be construedto affect any other valid portion of this Ordinance.

SECTI N 5. C IFICATI N. The City Secretary is hereby directed ta record andpublish the attached rules, regulations, and policies in the City' s Code of Ordinances as authorizedby Sectian 52. 001 of the Texas Local Government Code.

SECTI N 6. EFFECTIVE ATE. This ordinance shall become effective fourteen ( 14)

days from the date of its passage, and the City Secretary is hereby directed ta cause the caption afthis ordinance to be published twice in the Denton Record- Chronicle, the official newspaper of the

City of Denton, Texas, within ten ( 10} days of the date of its passage. In additian, per Section 2-

279( fl af the Ethics Ordinance, the time for filing a Camplaint regarding an alleged violation of theEthics Ordinance where the alleged violation accurs after the Effective Date but before the Baard

of Ethics is empaneled shall be talled and not begin ta run until such time as the Board of Ethics is

empaneled and its Rules of Pracedure are confirmed by the City Council.

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seconded b u m µ '( ___,______________ , the ordinanc e as assed

and and The motica t r v̂c t ais ordinance was made

b ,,'_, Y...... a . p aPProvedby the following vote [ ' 7 -

0 : Mayor Chris

Watts: Gerard Hudspeth, District

1 Keely G. Briggs, District

2: Don Duff, District

3:

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n. John Ryan, District4:

A Dalton Gregory, At Large Place 5: mm m,

P Sara Bagheri, At Large Place

PASSED AND APPROVED this day of , , 2018.

ICHRIS '' ' 1 l , MAY01

ATTEST:

JENNIFER WALTERS, CITY SECRETARY

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6' ' I. VED ' TO LEGAL FORM:

LEAL, CITY ATTORNEY

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Attachment " A "

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DIVISI N 1. GENE L

Sec. 2- 265. Authority

This Article is enacted pursuant to the authority granted to the City under Section 14. 04 of theCharter.

Sec. 2- 266. Purpose

The purpose of this Article is ta faster an environment of integrity for those that serve the City ofDenton and aur citizenry. The City Council enacted this Article in arder to increase publicconfidence in aur municipal government, It is the palicy of the City that all City Officials andemployees shall conduct themselves in a manner that assures the public that we are faithful stewards

of the public trust. City Officials have a respansibility to the citizens to administer and enforce the

City Charter and City Ordinances in an ethical manner. To ensure and enhance public canfidencein our municipal gavernment, each City Official must strive not only to maintain technicalcompliance with the principles of conduct set forth in this Article, but to aspire daily to carry outtheir duties objectively, fairly, and lawfully. Furthermore, this Article was enacted to ensure thatdecision makers pravide responsible stewardship of City resources and assets.

It is not the purpase of this Article to provide a mechanism ta defame, harass or abuse their political

opponents, ar publicize personal grudges. Rather, this Article is intended to provide a framework

within which to encaurage ethical behavior, and enfarce basic standards of conduct while providingdue process that protects the rights of the Camplainant and the Accused.

Sec. 2- 267. Prospective

This Article shall apply prospectively, and shall nat sustain any Camplaints based on acts aromissions alleged to have taken place prior to May 15, 2018.

Sec. 2- 268. Applicability

This Article applies to the following persans:

a) City Officials;

b) Former City Officials whose separatian from city service accurred less than one ( 1) yearfram the date of the alleged violation af this Article. Application of this Article to Former

City Officials shall be limited to alleged vialations:

1) that accurred during the term as a City Official; 2) of the prohibition on representing others for compensation (§ 2- 273( d)( 2)); ar

3) of the prohibitian of subsequent wark on prior projects (§ 2- 273( h));

c) Vendars; and

d} Complainant( s), who must comply with this Article' s procedures and the prahibitian onFrivolous Camplaints.

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The following words, terms, and phrases, when used in this Article, shall have the meaningsascribed to them in this section, except where the context clearly indicates a different meaning:

Accepted Camplaint: a sworn allegation af

documentation has been submitted to the Citycomplete.

violation of this Article after the required

Auditor and determined to be administratively

Accused: a City Ofiicial wha has been charged in a Complaint with having violated this Article.

Actianable Complaint: an Accepted Complaint that has been deemed by a Panel ta containallegations and evidence thai, if accepted as true, would support a finding that a violatian af thisArticle occurred.

Advisory Opznions: written rulings regarding the application of this Article to a particular situatianor behavior.

Article: this Chapter 2, Article XI af the Code of Ordinances for the City of Denton.

Baseless Complaint; a Camplaint that daes not allege conduct that would constitute a violation

of this Article, or that does not provide evidence that, if true, would support a violation af this

Article.

Board ofEthics: the oversight entity established by the Council to administer this Article.

Business Entity: a sale proprietarship, partnership, firm, corporation, holding campany, joint- stockcompany, receivership, trust, political subdivision, gavernment agency, university, ar any other

entity recagnized by law.

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Charged: to be charged with a violation af this Article is to have an Accepted Complaint deemed

Actionable.

Czty: the City of Dentan in the Caunty of Denton and State of Texas.

City Auditor: the person appointed to serve in the capacity provided far by Section 6. 04 af theCity Charter, ar their designee and clerical staff acting in the City Auditor' s absence.

City Official: for purposes af this Article, the term consists of the Council Members, Department

Heads, ar member af the Board of Ethics, Planning and Zoning Cammission Members, Baard ofAdjustment, Historic Landmark Commissian, or Public Utilities Board.

Code: the Code of Ordinances of the City of Denton, Texas, as such Code may be amended fromtime to time.

Complainant: the human individual who submitted a Complaint ta the City.

Complaint: written documentatian submitted to the City accusing a City Official of vialating thisArticle.

Confidential Information: any written infarmation that cauld ar must be excepted from disclosurepursuant to the Texas Public Information Act, if such disclasure has nat been autharized; or anynon- written information which, if it were written, could be excepted from disclosure under that Act,

unless disclasure has been authorized by the City Cauncil or City Manager.

Council: the governing body of the City of Dentan, Texas, including the Mayor and City CouncilMembers,

Deliberations: discussions at the dais; voting as a Member of the Board or Commission; arpresentatians as a member of the audience before any City Board or Commission; conversing or

carresponding with other City Officials or Staff. This term does not apply to a general vote on abroad, comprehensive, or omnibus motion, such as approval of the City budget.

Department Heads: the employees appointed by the City Council, thase being the City Manager, City Auditor, City Attorney, and Municipal Caurt Judge.

Former City Official: a City Official whose separation from city service occurred less than one ( 1) year from the date of an alleged violation af this Article.

Frivolous Complaint.• a sworn Complaint that is graundless and brought in bad faith, ar groundless

and brought for the purpose af harassment.

Interfere: a person interferes with a pracess or activity pertaining to this Article when theyintentionally and wrongfully take part in, or prevent, a City process or activity from continuing orbeing carried aui properly or lawfully.

Panel: an ad hoc subcommittee of the Board of Eihics consisting of three ( 3) members assignedby the Chairperson or designated by the City Auditar (as applicable) on a rotating basis, at least one

1} of which is an attorney or retired jurist.

Pending Matter: an application seeking appraval of a permit or other form of authorization requiredby the City, State, or Federal law; a proposal to enter into a contract or arrangement with the Cityfor the provisian of gaods, services, real property, or other things of value; a case involving theCity that is ( or is anticipated to be) befare a civil, criminal, ar administrative tribunal.

Person: associations, corporations, firms, partnerships, bodies politic, and corporate, as well as

individuals.

Recklessly: a person acts recklessly when they are aware of but consciously disregard a substantialand unjustifiable risk that a certain result is probable from either their conduct, or in light of the

circumstances surraunding their conduct. The risk must be of such a nature and degree that todisregard it canstitutes a gross deviation from the standard of care that an ordinary person wouldexercise under the circumstances.

Relative: a family member related to a City Official within the third (3rd}

degree af afiinity

marriage) or cansanguinity ( blaod or adoption}.

Shall: a mandatory obligation, not a permissive chaice.

Special Counsel: an independent, autside attorney engaged by the City to advise the City as anorganization and/ or the Board of Ethics.

Vendor: a person who pravides or seeks to provide gaods, services, and/ or real property to the

City in exchange for compensation. This definition does nat include those property owners from

wham the City acquires public righi- af-way or other real property interests for public use.

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This Article is cumulative of and supplemental to all applicable provisions of the City Charter,

other City Ordinances, and State/ Federal laws and regulations. Compliance with this Article doesnot excuse or relieve any person from any abligation impased by any other Rule. Attempts to

enfarce this Article shall not be canstrued as foreclosing or precluding other enforcement optionspravided by other law.

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Sec. 2- 271. Expectations

The following list conveys the City Council' s expectations for City Officials. These expectationsare aspirational, and shall nat serve as the basis for a Camplaint.

a) City Officials are expected to canduct themselves in a manner that fosters public trust.

b) City Officials are charged with perfarming their public duties in a way that projects a highlevel af personal integrity and upholds the integrity af the arganization.

c) City Officials must avoid behavior that calls their motives into question and erades publicconfidence.

d) City Officials shall place the municipality' s interests and the cancerns of thase the Cityserves above private, personal interests.

e) Thase who serve the City are expected to value hanesty, trustwarthiness, diligence, objectivity, fairness, due process, efficiency, and prudence as values the City prafesses.

City Officials must balance transparency with the duty to protect personal privacy andpreserve the confidential information with which the City has been entrusted.

g) It is neither expected nor required that those subject to this Article relinquish or waive

their individual rights.

Sec. 2- 272. andates

a} uty ta eport. City Officials shall report any conduct that the person knows to be aviolatian af this Article. Failure ta report a violation of this Article is a vialatian af this

Article. Far purposes of this section, submittal of a Complaint ar a repart made to the

Fraud, Waste, ar Abuse hotline shall be considered ta be a report under this Section. A

report ta the hotline may remain ananymaus unless disclosed by the caller.

b) Financial isclosures. All Candidates far City Council, including Candidates for Mayor, shall file financial informatian reports as required by, and in accardance with, State law. All prospective Vendars and City Officials shall file disclosure forms as required by, andin accordance with, State law.

c) Business Drsclosures. When a Pending Matter is before the City Official, and the City

Official has knowledge af being a partner with one of the owners of the Business Interestwith the Pending Matter, all City Officials shall file with the City Auditor a repart listingthe knawn names af human individuals with whom the City Official or the City Official' sspause is named partner in the fallowing types of businesses: General Partnership, LimitedPartnership, Limited Liability Partnership, or Limited Liability Carporation, or

Prafessional Corporatian. Annual reparts shall be submitted within ninety ( 90) days af

taking office. Failure to submit a report shall nat serve as a basis far a Complaint unlessthe City Official fails ta submit a report within thirty ( 30) days of being provided writtennatification of the omission. Neither the existence of a business relationship as described

in this Section, nor the submission of a report required by this Section shall prevent a City

Official from participating in Deliberations an matters pending before the City absent aConflicting Interest.

a) Conflicts of Interest:

1) Deliberation Prohibited. It shall be a violation of this Cade for a City Official to

knowingly deliberate regarding a Pending Matter for which the City Officialcurrently has a Canflicting Interest. City Officials with a current ConflictingInterest in a Pending Matter must recuse themselves and abstain fromDeliberatians. It is an exceptian to this recusal requirement if the City Official

serves on the City Council, Planning and Zaning Cammissian, Board af Ethics, Histaric Landmark Commissian, Public Utilities Board, or Board af Adjustment;

and a majority of the members of that body is composed af persans who arelikewise required to file ( and who do file) disclosures on the same Pending Matter.

2) Disclosure Required. If a City Official has a Conflicting Interest in a PendingMatter, the Ciiy Official shall disclase the nature of the Conflicting Interest byfiling a swarn statement with the City Auditar. Disclosures under this subsectianshall be far the time period, including the previous calendar year, and up to datewhere the Conflicting Interest arises before the City Official.

3) Definition ofConflicting Interest. Far purposes of this Article, the term is definedas follows:

Conflicting Interest: a stake, share, equitable interest, or invalvement in an

undertaking in the form of any one ( 1) ar mare of the following:

A) ownership af five percent ( 5%) or more voting shares or stack in a

Business Entity;

B) receipt of more than six- hundred dollars ($ 600. 00) in gross annual

incame fram a Business Entity, as evidenced by a W- 2, 1099, K- 1, arsimilar tax form;

C) ownership of more than six- hundred dollars ($ 600. 00) of the fair

market value af a Business Entity;

D) awnership of an interest in real property with a fair markei value afmore than six- hundred dollars ($ 600. 00);

E) serves on the Board af Directars or as an Officer af a Business Entity,

unless the City Official was appointed to that position by the CityCouncil; and/ or

F) serves on the Board of Directors ( i. e., gaverning body) or as an Officeraf a nanprofit carparation or an unincorporated association, unless the

City Official was appointed to that pasitian by the City Council.

A City Official is considered ta have a Conflicting Interest if the CityOfficial' s Relative has a Conflicting Interest.

The term Conflicting Interest does not include awnership of an interest in amutual or cammon investment fund that holds securities or assets unless the

City Official participates in the management of the fund.

b) Gifts.

1) General. It shall be a violatian of this Article for a City Official ta accept any gift

that might reasonably tend to influence such Officer in the discharge of officialduties.

2) Specific. It shall be a violation af this Article for a City Official to accept any gift

far which the fair market value is greater than fifty dollars ($ 50. 00). It shall be a

violatian of this Article for a City Official to accept multiple gifts far which thecumulative fair market value exceeds two hundred dallars ($ 200, 00) in a single

fiscal year.

3) It shall be a violation af this Article far a Vendor to offer or give a Gift to a CityOfficial exceeding fifty dallars ($ 50. 00) per gift, or multiple gifts cumulativelyvalued at mare than twa hundred dollars ($ 200. 00) per a single fiscal year.

4) Definitian afGift. Anything of monetary value, including but not limited to cash, personal praperty, real property, services, meals, entertainment, and travel

expenses.

5) Exceptions. This definitian shall not apply to the fallowing, which are allowedunder this Article:

A) a lawful campaign contribution;

B) meals, lodging, transportatian, entertainment, and related travel expenses

paid for ( ar reimbursed by) the City in connection vith the City Official' sattendance at a conference, seminar or similar event, or the coordinator of

the event;

C) meals, lodging, transpartation, or entertainment furnished in connectian withpublic events, appearances, or ceremonies related to official City business, nonprofit functions, ar charity functions, or cammunity events, if furnished

by the sponsor of such events ( wha is in attendance);

D) camplimentary copies of trade publications and ather related materials;

E) attendance at hospitality functians at local, regional, state, ar national

association meetings and/ or conferences;

F) any gift that wauld have been offered ar given ta the City Official becauseof a personal, familial, professianal relationship regardless of the City

Official' s capacity with the City;

G) tee shirts, caps, and ather similar pramational material; and

H} complimentary attendance at political, nonprofit, or charitable fund raisingevents.

6} Donations. It is not a violation under this Article for a City Official ta accept aGift prohibited by this Article on behalf of the City of Denton. Conveyance of a

Gift prohibited by this Article ta the City af Dentan ar a nonprofit corparationcures any potential vialation.

7) Reinzbursement. It is nat a violation under this Article for a City Official to accept

a Gift prohibited by this Article and pramptly reimburse the Persan the actual castor fair market value of the gift.

c) Outside Employment.

1) ApplicabiliCy of Section. This subsectian applies to Department Heads.

2) Prohibition. It is a violation of this Article for a Department Head ta solicit,

accept, or engage in concurrent outside employment which could reasonably beexpected to impair independence of judgment in, ar faithful performance of,

official duties.

3) Disclosure and Consent. It is a violatian of this Article far a Department Head to

accept employment fram any Person ather than the City without first disclosingthe prospective employment arrangement in writing ta the Mayar and receivingthe Mayar' s written consent.

d) epresentation of Others.

1) Current City Officials. It shall be a vialation of this Article far a City Official torepresent far campensation any persan, group, ar entity before a board arcammission of the City. For purpases of this subsection, the term campensatian

means maney ar any other thing of value that is received, ar is to be received, inreturn for or in connection with such representation.

2) Farrrcer City Officials. It shall be a violatian of this Article for a City Official torepresent far compensation any persan, graup, ar entity before the City Councilor a board, commission, or staff of the City for a period of ane ( 1) year afterterminatian of afficial duties. This prohibitian applies to representation in the

farm of advocacy or labbying regarding discretianary approvals of the City, not

rautine, ministerial actions. Far purposes af this subsection, the term

compensation means money ar any ather thing of value that is received, ar is tobe received, in return for or in connectian with such representation. The

prohibition in this subsection solely applies ta the Former City Official, and shallnot be construed to apply to ather affiliated Persons. This subsection does nat

apply to Former City Officials wha represent athers far campensatian in thecourse of applying for non-discretianary, ministerial permits and routine

approvals. It shall be an exceptian to this Article when the Former City Official

is employed by ar awns a small business which existed before the Farmer CityOfficial commenced service as a City Official and is the sole saurce ofspecialized knowledge or expertise necessary within that small business, and thatknawledge ar expertise is necessary to transact business with the City.

e) Improper Influence. It shall be a violatian of this Article far a City Official ta use suchperson' s afficial title/pasition to:

1} secure special privileges or benefits far such person ar athers;

2) grant any special consideration, treatment, or advantage to any citizen, individual, business organization, or group beyand that which is normally available ta every

ather citizen, individual, business organizatian, or group;

3} assert the prestige of the official' s or employee' s City pasitian for the purpose afadvancing or harming private interests;

4) state or imply that the City Official is able to influence City action on any basisother than the merits; ar

5) state or imply to state or local governmental agencies that the City Official is actingas a representative of the City, as an arganization, ar as a representative af the CiiyCauncil without first having been authorized by the City Council to make suchrepresentation ( except the Mayor, City Manager, and City Attorney).

Misuse of Information.

1} Persanal Gain. It shall be a violation of this Article far a farmer City Official to

use any confidential infarmatian ta which the City Official had access by virtue aftheir afficial capacity and which has not been made public concerning the

property, operations, palicies, or affairs of the City, to advance any personal orprivate financial interest of any Person.

2} Confidential Information. It shall be a violatian of this Article for a City Official

to intentionally, knowingly, or recklessly disclose any confidential infarmationgained by reasan af the City Official' s position concerning the praperty, operations, policies, ar affairs of the City. This rule daes not prahibit the reportingof illegal or unethical conduct to authoriiies designated by law.

g} Abuse af esaurces. It shall be a vialation of this Article for a City Official to use, request, or permit the use of City facilities, persannel, equipment, software, supplies, ar

staff time for private purpases ( including political purposes), except to the extent and

accarding to the terms that those resources are generally available to ather citizens and

the City Officials far official City purposes.

h) Abuse of Positian. It shall be a violation of this Article for any City Official to engagein the following:

1) Harassment & Discrirrtination. Use the Official' s position to harass or discriminate

against any person based upon ethnicity, race, gender, gender identity, sexualorientation, marital status, parental status, or religion.

2) Interference. Interfere with any criminal or administrative investigation allegingthe violation of any provision of this Article, the City Charter, administrativepolicy, or executive order in any manner, including but nat limited to seeking tapersuade or coerce City employees or others to withhold their cooperation in suchinvestigation is a violation of this Article.

i) Subsequent Work on Prfor Projects. It shall be a vialaiion of this Article for any formerCity Official, within ane ( 1) year of the cessation of official duties for the City, to perfarmwork on a compensated basis relating to a City contract or arrangement for the pravisionof goods, services, real property, or other things of value, if while in City service theformer City Official personally and substantially participated in the negatiation, award aradministration of the contract or other arrangement. This Section does not apply to a CityOfficial whose involvement with a contract or arrangement was limited to Deliberatians

as a member of the City Council, Planning and Zaning Commission, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board.

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a) City Auditor. The City Auditor' s Office shall be responsible to provide staff and clericalsupport to the Board of Ethics to assist in the implementation and enforcement of this

Article. The degree of support required shall be at the discretion of the City Auditor.

Nothing herein creates a duty for the City Auditar to enfarce this Article. Furthermore,

this Article shall not be construed as requiring the City Auditar to investigate allegatiansof violatians of this Article submitted via the Fraud, Waste, or Abuse hatline.

b) Conflicts Log. The City Auditor' s Office shall, in cooperation with the City Secretary' sOffice, maintain a Conflicts Log on an ongoing basis listing the Conflicting Interestsdisclosed by City Officials in accordance with this Article. The log is a public record. The City Auditar is neither authorized nor required ta inspect or act upan the content afthe Conflicts Log.

c) City Manager. If a Complaint accuses the City Auditor of violating this Article, theduties af the City Auditor under this Article shall be perfarmed by the City Manager forpurposes of processing that Complaint.

Sec. 2- 275. Legal Counsel

a) City Attorney. The City Attarney shall provide legal support to the City Auditor and theBoard of Ethics in the administration of this Article. Nothing herein shall be construed tolimit the authority of the City Attorney ta render legal guidance in accordance with theCity Attorney' s professional obligatians and standards.

b) Special Counsel. Independent, outside legal services shall be engaged by the CityAttarney on the City' s behalf to provide legal support to the City Auditor and the Baardaf Ethics when:

1} in the City Attorney' s discretion it is necessary in arder to comply with the TexasDisciplinary Rules af Prafessianal Conduct ( for lawyers), ar is in the best interest ofthe City; ar

2) when the City Council deems Special Counsel is necessary.

a) Curriculum. The City Auditor shall approve a training pragram that pravides anintroduction and overview af the expectation, mandates, and prahibitions provided for bythis Article,

b) Orientation. City Officials shall complete a training session regarding this Article withinninety ( 90) days of cammencing their afficial duties.

c) Annual. City Officials shall camplete an annual training session regarding this Article.

d} Exiting fficials. Information shall be provided ta City Officials terminating their Cityservice regarding the continuing restrictians on the representation af others by certainformer City Officials.

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a) Creation. There is hereby created a Board of Ethics for the City af Denion.

b) Appointment. The Board of Ethics shall be appointed by majority vote af the CityCouncil.

c} Number. The Board af Ethics shall cansist of seven ( 7) regular members, and three ( 3)

alternate members.

d) Terms. Board af Ethics members ( regular and alternates) shall be appointed for two ( 2)

year, staggered terms. Members may be reappointed for successive terms. Appaintmentto fill a vacancy shall be for the remainder of the unexpired term. Members of the

inaugural Board of Ethics shall draw straws to determine which three ( 3) members shall

receive an initial term af ane ( 1) year in arder ta stagger terms. In total, members mayonly serve three ( 3) consecutive ierms. A member may be reappointed na saoner thanone ( 1) year after expiration of a previous term.

e) Eligibility. Membership on the Board of Ethics is limited to residents af the City ofDentan. Preference in appaintments shall be given to professionals such as attorneys,

architects, engineers, doctors, teachers, pastars, mediatars, retired jurists, licensed

prafessional counselors, and those with licenses demanstrating high levels af educatianor master craftsmanship in the building trades. The Board shall be camprised of at leastthree ( 3) members who are attarneys or retired jurists.

Ineligibility. The fallawing shall disqualify a person from serving an the Board of Ethics:

1) current service as a City Official;

2) separatian from city service as a City Official within two ( 2) years af the

appaintment;

3) familial relations within the third (3rd)

degree of affinity ( marriage) or

consanguinity ( blaod or adoptian};

4) current service as an elected ofiicial in Dentan Caunty; and / ar

5) canviction of a felony or crime af maral turpitude.

g) Alternates. Alternate members of the Board af Ethics shall attend meetings only upan

request by the City Auditar' s Office. The rale of an alternate is to participate in meetingsof the Board af Ethics as a replacement for a regular member wha is absent ar abstaining.

h) Scape of Authority. The Board of Ethic' s jurisdiction shall be limited ta implementatianand enforcement of this Article, and shall include the authority to administer oaths andaffirmations, issue and enfarce limited subpaenas to campel the attendance of witnesses

and the praduction of testimony, evidence, and/ar documents as is reasanably relevant tothe Actionable Complaint, as provided by the City Charter. The issuance and enfarcementof subpoenas shall be only upon a maj ority vote af the Baard af Ethics, in accardance withthe Rules of Pracedure, and enforcement shall be through any of the Sanctian optianslisted herein.

i) Amendments. The Board af Ethics may recommend amendments to this Article. A

recommendatian from the Board of Ethics is nat required far the City Cauncil to exerciseits discretion in amending this Article.

j} Officers. At the first meeting af each fiscal year the Board of Ethics shall select framamang its members a Chairpersan and Vice- Chairperson.

k) ules of Pracedure: The Board af Ethics shall adopt rules of pracedure gaverning hawto canduct meetings and hearings. Such pracedural rules are subject ta confirmation or

modification by the City Cauncil.

1) emoval: The City Council may, by a vote of two- thirds ( 2/ 3), remave a member of the

Board of Ethics for cause. Justificatians warranting removal for cause shall includeneglect of duty, incompetence, grass ignorance, inability or unfitness for duty, ordisregard of the Code of Ordinances.

Sec. 2- 278. Advisory Opinions

a} equests. Any City Official may request an Advisary Opinion on a question afcompliance with this Article. Requests shall be submitted in writing to the City Auditar, wha shall assign the request to a Panel ar Special Counsel.

b} Issuance. A Panel af the Board af Ethics shall issue Advisory Opinians upan request. Advisory Opinions shall be issued within thirty (30) days of receipt of the request. Thistime limitation is tolled and shall nat run until the Baard af Ethics is empaneled and its

Rules of Procedure are confirmed by the City Council.

c) eliance. It shall be an affirmative defense to a Camplaint that the Accused relied upon

an Advisory Opinion. In making a determinatian an the praper disposition of aComplaint, the Board of Ethics may dismiss the Complaint if the Board finds that:

1) the Accused reasonably relied in good faith upon an Advisory Opinion;

2} the request for an Advisary Opinion fairly and accurately disclased the relevantfacts; and

3} less than five ( 5) years elapsed between the date the Advisory Opinion was issuedand the date of the conduct in question.

Sec. 2- 279. Co plaints

a) Co plainants. Any person who has first- hand knawledge that there has been a violationof Sections 2- 272 and 2- 273 of this Article may allege such vialatians by submitting aComplaint. The persons who may submit Complaints includes ( but is not limited to) members af the Baard of Ethics.

b) For . Complaints shall be written on, or accompanied by, a completed form pramulgatedby the City Auditor.

c) Cantents. A Complaint filed under this section must be in writing, under oath, must setfarth in simple, concise, direct statements, and state:

1) the name of the Complainant;

2} the street or mailing address, email address, and the telephone number af theComplainant;

3) the name of each person Accused of violating this Article;

4) the positian or title of each person Accused of violating this Article;

5) the nature of the alleged violatian, including ( whenever passible} the specific

pravision of this Article alleged to have been violated;

6) a statement of the facts canstituting the alleged violation and the dates on which, orperiod af time in which, the alleged violation occurred; and

7) all documents or aiher material available ta the Complainant that are relevant to

the allegation.

d) Violation Alleged. The Complaint must state on its face an allegation that, if true,

constitutes a violation of this Article.

e) Affidavit. A Complaint must be accompanied by an affidavit stating that the Complaintis true and correct or that the Complainant has good reason to believe and does believe

that the facts alleged constitute a vialation of this Article. The Complainant shall swear to

the facts by oath before a Notary Public or other person authorized by law to administeroaths under penalty of perjury.

Limitatians Period. To be accepted, a Complaint must be brought within six ( 6) manths

of the Complainant becoming aware of the act or omission that canstitutes a violation ofthis Article. A Complaint will not be accepted more than two ( 2) years after the date of

the act or omission. Notwithstanding the foregoing, nothing in this subsection shall beconstrued to extend the one ( 1) year limitation af activity applicable to Former CityOfficials. The time for filing a Complaint regarding an alleged violation of this Articlewhere the alleged violation occurred after the Effective Date but before the Board of

Ethics is empaneled shall be tolled and not begin to run until such time as the Board of

Ethics is empaneled and its Rules of Procedure are confirmed by the City Council.

g) Filing. Complaints shall be submitted to the City Auditor. Submission of Complaintsmay be made by hand delivery, U.S. Mail, ar email directed ta an email address publiclylisted by the City Auditor.

h) Acceptance of Complarnt. Within five ( 5) business days af receiving a Complaint, theCity Auditor shall determine if it is administratively camplete and timely.

1) Administratively Complete. A Complaint is administratively complete if itcontains the infarmation described above. If the Complaint is administrativelycomplete, the City Auditor shall proceed as described in this Article. If theComplaint is incomplete, the City Auditor shall send a written deiiciency noticeto the Complainant identifying the required information that was nat submitted.

The Complainant shall have ten ( 10) business days after the date the City Auditor

sends a deficiency notice to the Complainant to provide the required informationta the City Auditor, ar the Complaint is automatically deemed abandaned and maynot be processed in accordance with this Article. Within iive ( 5) business days of

a Complaint being abandoned, the City Auditor shall send written notification tothe Complainant and the Accused.

2) Timely. To be timely, a Complaint must be brought within six ( 6) months of theComplainant becoming aware of the act or omission that canstitutes a violation ofthis Article. A Complaint will not be accepted more than two ( 2) years after the

date of the act or omission.

i) Notification of Acceptance. Within iive ( 5) business days of determining that aComplaint is administratively complete and timely, the City Auditor shall send a writtennotification of acceptance to the Complainant, the Accused, and the City Attorney.

For purposes of this provision, a Complaint shall be considered Accepted when the CityAuditor has deemed the submittal administratively complete and timely.

j) Canfidentialrty. A Complaint that has been submitted to the City is hereby deemedcanfidential until such time as the Complaint is either dismissed ar placed on an agenda

far cansideratian by the Baard of Ethics in accardance with this Article. Clerical and

administrative steps shall be taken to identify and manage canfidential information inaccordance with this Article. The confidentiality created by this Article includes the factthat a Camplaint was submitted and the contents of that Complaint. It shall be a violatian

of this Article far a City Official to publicly disclose infarmatian relating ta the filing arpracessing of a Complaint, except as required for the performance of official duties ar asrequired by law. Requests for recards pertaining ta Complaints shall be responded to incampliance with the State law. The limited canfidentiality created by this Article islimited in scope and application by the mandates of the Texas Public Infarmation Act, Chapter 552 of the Texas Government Cade.

k) Ex Parte Communicatians. After a Complaint has been filed and during the pendencyof a Complaint before the Board of Ethics, it shall be a violation of this Article:

1) far the Complainant, the Accused, ar any person acting on their behalf, to engageor attempt to engage directly ar indirectly about the subject matter ar merits ofa Complaint in ex parte communication with a member of the Board af Ethics or

any known witness ta the Complaint; or

2) far a Member ofthe Board of Ethics, ta knawingly allaw an exparte communicationabout the subject matter or merits af a Complaint, ar ta communicate about any

issue of fact or law relating to the Camplaint directly or indirectly with anyperson ather than a Member af the Board of Ethics, the City Auditar' s affice, the

City Attorney' s ofiice, or Special Caunsel.

I ' •

a) Referral to Chairpersan. Accepted Complaint( s} shall be referred to the Chairperson af

the Baard af Ethics within five ( 5) business days af being determined administrativelycomplete.

b) Assignment of Panel. Within five ( 5} business days of receiving an Accepted Complaint, the Chairperson of the Board af Ethics sha11 assign the Complaint ta a Panel far

Preliminary Assessment. The Chairperson shall order a meeting af the Panel, which shallbe conducted in campliance with the Texas Open Meetings Act. Each Panel shall select

a Presiding Officer to conduct Panel deliberations.

c} Panel Determination. Within ten ( 10} business days af being assigned an AcceptedComplaint, the Panel shall review the Complaint on its face and determine whether the

Complaint is:

1) Actionable: the allegations and evidence contained in the Camplaint, if true,

would constitute a violatian of this Article.

2) Baseless: the allegations and evidence contained in the Complaint, if true, wauld

not constitute a violatian af this Article.

Actianable Complaints shall be returned ta the Chairperson far listing on an agenda for apublic hearing. Baseless Camplaints shall be dismissed. Written notification of the

Panel' s determinatian shall be filed with the City Auditor and sent ta the Chairpersan, Complainant, the Accused, and the City Attarney within twa ( 2) business days. Written

notifications of dismissal shall include natice of the right to appeal.

d) Appeals. A Panel' s preliminary assessment under this Section 2- 280 may be appealedta the Board af Ethics by either the Camplainant or the Accused, as applicable. An appealshall be perfected by filing a written notice af appeal with the City Auditar within ten ( 10) business days of the date of the written notiiicatian.

Sec. 2- 281. Meetings

a) Calling eetings. Meetings af the Board af Ethics shall be called upon request of the

Chairperson, three ( 3) members, or the City Auditor.

b) uorum. The quorum necessary to canduct meetings of the Board of Ethics shall be four4}. The Chairpersan ( or acting chairpersan) shall count toward the establishment af a

quarum and retains the right ta vote,

c) Hearings:

1) Scheduling: Hearings shall be scheduled by the City Auditar upon the filing of:

A) a Panel determination that a Complaint is Actionable; or

B) an Appeal challenging a Panel' s dismissal of a Complaint as Baseless.

2) Pu°pose: The purpose of the hearing( s) shall be salely ta determine whether:

A) a violatian of this Article occurred, and if so ta assess the appropriate

sanction;

B) an Accepted Camplaint was erroneously dismissed as Baseless by a Panel; and/ ar

C) an Accepted Complaint is Frivolous.

3) Sworn Testimony: All witness testimany provided to the Board of Ethics shall beunder oath.

4) Burden af Proof.• Because the burden af shawing that a violatian af this Articleoccurred is placed on the Complainant, it is the Camplainant that has the obligation

to put farth evidence, including testimany, supparting the Complaint. The

Camplainant is required ta testify at the hearing. A Complainant' s failure to testify

at a hearing shall be grounds for dismissal of a Camplaint.

5) Representation: The Accused shall have a right to present a defense. Both the

Complainant and the Accuser have a right to be represented by legal counsel.

d) Open eetings. All meetings and hearings of the Board of Ethics, including Paneldeliberations, shall be conducted pursuant to the Texas Open Meetings Act. The Board

of Ethics may convene in Executive Session ( i.e., canduct a closed meeting) as allowedby the Act. All final actions of the Board of Ethics shall take place in open session.

e) Postponement in Certain Instances.

1) Board: Proceedings may be pastpaned upan majority vote by the members of theBoard of Ethics.

2) Parties: The Complainant and the Accused are each entitled to ane ( 1)

posiponement withaut cause. Additional postponements shall be solely far goodcause and at the discretion of the Board of Ethics.

3) Criminal Praceedings: If a Complaint alleges facts that are involved in a criminal

investigation or a criminal proceeding before a grand jury or the caurts, the Boardof Ethics may, when a majarity of its members deem appropriate, postpone anyhearing ar any appeal concerning the Complaint until after the criminalinvestigatian ar criminal proceedings are terminated.

b..# 1 i' Ti" f fTi1

a) Dismissal. If the Baard of Ethics determines at the conclusion of a hearing by simplemajority vote of its members that a Complaint should be dismissed, it may do so upanfinding:

1) the Camplaint is Baseless;

2) the alleged violatian did not occur;

3) the Accused reasonably relied in gaod faith upan an Advisory Opinion, asprovided in this Article; ar

4) the Complainant failed to testify at the hearing.

b) Sanctions. If the Board of Ethics determines by simple majority vote of those presentand voting at the conclusion af a hearing that a vialation has accurred, it may within ten

10) business days impase or recammend any of the following sanctions:

1) Letter of Notification. If the violatian is clearly unintentianal, or when the

Accuser's action was made in reliance on a written Advisary opinion, a letter ofnatificatian shall advise the Accused of any steps to be taken to avoid futureviolatians.

2) Letter af Admonition. If the Board af Ethics finds that the vialation is minor

and may have been unintentional, but calls far a more substantial response than aletter af notification.

3) Letter ofReprimand. If the Board of Ethics finds that the violation:

A) was minor and was committed knawingly, intentianally, ar in disregard

of this Article; ar

B} was serious and may have been unintentional.

4) Recommendation of Suspension. If the Baard of Ethics finds that a violatian

was committed by a member of the Planning & Zaning Commission, ZoningBoard of Adjustment, Baard of Ethics, Public Utilities Board, Historic Landmark

Cammission, or a Department Head, and it:

A} was serious and was committed knowingly, intentionally, or in disregard ofthis Article or a state conflict of interest law; or

B} was minor but similar io a previous violation by the Person, and wascommitted knowingly, intentianally or in disregard of this Article.

The final authority to impase a suspension rests with the City Council.

5) Ineligibility. If the Board af Ethics finds that a Vendor has violated this Article,

the Baard may recammend to the City Manager that the Vendor be deemedineligible ta enter into a City cantract or ather arrangement far goads, services, or

real praperty, for a period of one ( 1} year.

Natice of all sanctians imposed by the Board of Ethics shall be transmitted to theAccused, Complainant, City Auditor, City Attarney, and City Cauncil.

c) Frfvolous.

1) Prohibition. It is a vialation of this Article for a Persan to submit a Frivalous

Complaint.

2) Super- Majarity Vate. If the Board of Ethics determines at the canclusian af ahearing by a vote af two-thirds ( 2/ 3) of its Members that a Camplaint was

Frivalous, the Board may impose a sanction as provided by Section 2- 282( b),

3) Factors. In making a determinatian on frivality, the Board af Ethics shall cansiderthe following factors:

A) the timing af the swarn Camplaint with respect to when the factssupporting the alleged violatian became knawn or should have becameknawn ta the Camplainant, and with respect to the date of any pendingelection in which the Accused is a Candidate or is involved with a

candidacy, if any;

B) the nature and type of any publicity surrounding the filing of the swarnComplaini, and the degree of participation by the Complainant inpublicizing the fact that a Complaint was filed;

C) the existence and nature of any relationship between the Accused and theComplainant befare the Camplaint was filed;

D) if the Accused is a Candidate for Election to Office, the existence and

nature of any relationship between the Complainant and any Candidateor group opposing the Accused;

E) any evidence that the Complainant knew or reasonably should have

knawn that the allegations in the Complaint were groundless; and

F) any evidence of the Camplainant's motives in filing the Complaint.

4) External Remedies. Complainants who submit Frivolous Complaints are herebynotified that their actions may subject them to criminal prasecutian for perjurycriminal prosecution), or civil liability for the torts af defamatian or abuse of

process.

The Complainant or Accused may request the Board of Ethics to reconsider its decisian. The request

must be filed with the City Auditor within five ( 5) business days of receiving the final opinion ofthe Board of Ethics. The request for reconsideratian shall be sent to the Chairperson of the Board

of Ethics and the non- filing party ( Complainant or Accused). Tf the Chairpersan finds, in the

Chairperson' s sale discretion, that the request includes new evidence that was not submitted at a

prior hearing, and that the new evidence bears directly on the Board of Ethic' s previousdetermination, the Chairperson shall schedule a hearing an the request for reconsideration to occurwithin thirty ( 30) business days after filing with the City Auditor. Absent new evidence, the

Chairperson shall unilaterally dismiss the request for reconsideration and provide notice to theParties.

f: •" b•:` • ["' Li' ii1

a) City Council. No Person shall be employed by the City who is related to any member ofthe City Council within the third ( 3` d) degree of affinity or cansanguinity.

b) Department Supervisor. No Person shall be employed by the City in a department ifthePerson is related to the City Manager or the department supervisor within the third ( 3rdlJdegree of affinity or consanguinity.

c) Preexisting Employment. The prohibitions of this Section da not apply to a Person who

was employed by the City more than six (6) manths prior.

Y'• b. 3. ,. , . , . ,

a) Deadlines. Any deadline provided in this Article shall be construed as expiring at 5: 00p.m. local time on the last day.

b) Mailbox Rule. Under this Article, a deadline for any response or request for appeal is metwhen the date the response or request far appeal is mailed falls within the timeline

requirements of this Article. The posted date of any mailing will cantrol whether it meetsthe timeline requirements of this Article.

1' i 1+ q 1 1 '