0635AOFFICIAL RECORD
ORDINANCE NO. 635-A
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS AMENDING
CHAPTER 2, ARTICLE VI, CODE OF ETHICS AND CONDUCT OF THE
SOUTHLAKE CITY CODE TO AMEND SECTION 2-261, DEFINITIONS;
SECTION 2-264 STANDARDS OF CONDUCT; 2-265 DISCLOSURE OF
INTEREST AND 2-266 ENFORCEMENT TO COMPLY WITH CHAPTERS 171
AND 176 OF THE TEXAS LOCAL GOVERNMENT CODE; ADDING SECTION
2-268 TO REQUIRE THE ADOPTION OF AN EMPLOYEE BUSINESS CODE
OF CONDUCT; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDIANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, the City Council of the City of Southlake adopted a Code of Ethics and Conduct
applicable to the conduct of officers, employees and board members while acting in their official
capacities in representing the City of Southlake which is codified as Chapter 2, Article VI of the
Southlake City Code; and
WHEREAS, the City Council of the City of Southlake desires to amend Chapter 2, Article VI of
the Southlake City Code to reflect changes in Chapter 171 of the Local Government Code and to
incorporate the provisions of Chapter 176 of the Local Government Code, requiring disclosure of certain
relationships with local government officers, and to require the adoption of an Employee Business Code
of Conduct.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Chapter 2, Article VI, Section 2-261 of the Southlake City Code is hereby amended as
follows:
Sec. 2-261 DEFINITIONS
For the purposes of this code of ethics and conduct the following words and phrases shall have the
meanings ascribed to them by this section.
Advisory board shall mean a board, commission or committee of the city that functions only in an
advisory or study capacity.
Business entity shall mean a sole proprietorship, partnership, firm, corporation, association,
holding company, joint stock company, receivership, trust, or any other entity recognized by law.
Employee shall mean any person employed by the city, including those individuals on a part-time
basis, but such term shall not be extended to apply to any independent contractor.
Family member shall mean a person related to another person within the first degree by
consanguinity or affinity, as described by Subchapter B, Chapter 573, Government Code.
Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of his or her
conduct or to circumstances surrounding his or her conduct when he is aware of the nature of his or her
conduct or that the circumstances exist. A person acts knowing, or with knowledge, with respect to a
result of his or her conduct when he is aware that his or her conduct is reasonably certain to cause the
result.
Officer shall mean any member of the City Council, the Planning and Zoning Commission, the
Board of Adjustment, the Building Board of Appeals and any member of a board, commission or
committee established by ordinance, charter or state law that has final approval authority over any
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application, permit, license or other City approvals; provided, no member of an advisory board shall be
deemed an officer of the city.
Substantial interest.
A. A person has a substantial interest in a business entity if:
(1) The interest is ownership of ten (10) percent or more of the voting stock or shares
of the business entity or ownership of either ten (10) percent or more or five
thousand dollars ($5,000.00) or more of the fair market value of the business entity
(see Section 171.002, Texas Local Government Code); or
(2) Funds received by the person from the business entity exceed ten (10) percent of
the person's gross income for the previous year (see Section 171.002, Texas Local
Government Code); or
(3) The person holds a position of member of the board of directors or other governing
board of the business entity; or
(4) The person serves as an elected officer of the business entity; or
(5) The person is an employee of the business entity; or
(6) The person is a creditor, debtor or guarantor of the business entity in the amount of
five thousand dollars ($5,000.00) or more; or
(7) Property of the person has been pledged to the business entity or is subject to a lien
in favor of the business entity in the amount five thousand dollars ($5,000.00) or
more.
B. A person does not have a substantial interest in a business entity if:
(1) The person holds a position as a member of the board of directors or other
governing board of a business entity; and
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(2) The person has been designated by the City Council to serve on such board; and
(3) The person receives no remuneration, either directly or indirectly, for his or her
service on such board; and
(4) The primary nature of the business entity is either charitable, nonprofit or
governmental.
C. A person has a substantial interest in real property if the interest is an equitable or legal
ownership interest with a fair market value of two thousand five hundred dollars
($2,500.00) or more (see Section 171.002, Texas Local Government Code).
D. A person has a substantial interest under this ordinance if the person's Family Member has
a substantial interest under this ordinance (see Section 171.002, Texas Local Government
Code).
SECTION 2.
That Chapter 2, Article VI, Section 2-264 of the Southlake City Code is hereby amended as
follows:
See. 2-264 STANDARDS OF CONDUCT
A. No city officer, employee or advisory board member, or their spouses, shall knowingly:
(1) Accept or solicit any gift, favor, service or thing of value from any person, group
or business entity, including a promise of future employment, that might
reasonably tend to influence him in the discharge of his or her official duties or
that the officer, employee or advisory board member knows or should know is
being offered with the intent to influence the officer's or employee's official
conduct. This prohibition shall not apply to:
(a) An occasional non -pecuniary gift, insignificant in value; or
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(b) An award publicly presented in recognition of public service; or
(c) Any gift which would have been offered or given to the officer employee
or advisory board member or his or her spouse if he/she were not a city
officer, employee or advisory board member; or.
(d) Any travel and related expenses to attend ceremonial functions, provided
that such acceptance and attendance have been approved by the City
Council prior to the occurrence of the ceremonial function.
(2) Grant in the discharge of his or her official duties any improper favor, service or
thing of value to any person, group or business entity;
(3) Knowingly disclose any confidential information gained by reason of the position
of the officer, employee or advisory board member concerning property,
operations, policies or affairs of the city, or use such confidential information to
advance any personal interest, financial or otherwise, of such officer, employee or
advisory board member, or others. This subparagraph 4 shall not preclude
disclosure of such confidential information in connection with any investigation or
proceeding regarding whether there has been a violation of the standards of
conduct set forth in this code.
(4) Use one's position or office of employment or city facilities, personnel, equipment
or supplies to secure special privileges or exemptions for himself or others or for
the private gain of the city officer, employee, advisory board member or his or her
spouse.
(5) Engage in any exchange, purchase or sale of property, goods or services with the
city, except:
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(a) Rendering services to the city as an officer, employee or advisory board
member;
(b) Paying taxes, fines, utility service or filing fees;
(c) Executing and performing any developer's agreement or plat in compliance
with laws and regulations applicable to any person; provided, however,
that if any city ordinance, rule or regulation allows any discretion by the
appropriate officers or employees of the city in the interpretation or
enforcement of such ordinance, rule or regulation, any such discretion shall
be exercised in favor of the city in connection with any such developer's
agreement or plat;
(d) Advisory board members who are not otherwise officers or employees of
the city, may engage in any exchange, purchase or sale of property, goods
or services with the city, or enter into a contract with the city, provided that
the board on which they are a member has no advisory function or
cognizance, direct or indirect, present or prospective, with respect to the
transaction in which such advisory board member engages or proposes to
engage.
(6) Hold himself/herself out as representing the city in any capacity other than that for
which he was appointed, elected or hired.
(7) Engage in or accept private employment or render a service when such
employment or service is incompatible with the proper discharge of his or her
official duties or would tend to impair his or her independent judgment in the
performance of his or her official duties.
It
(8) Make or permit the unauthorized use of city owned vehicles, equipment, materials
or property.
(9) Grant any special consideration, treatment or advantage to any citizen beyond that
which is available to every other citizen.
(10) After termination of service or employment with the city, appear before any board
or commission of the city in relation to any case, proceeding or application in
which he or she personally participated or which was under his or her active
consideration, during the period of his or her service or employment.
(11) Transact any business in his or her official capacity with the city with a business
entity in which he/she has a substantial interest.
(12) Engage in any dishonest or criminal act or any other conduct prejudicial to the
government of the city or that reflects discredit upon the government of the city.
(13) Knowingly perform or refuse to perform any act in order to deliberately thwart the
execution of city ordinances, rules or regulations or the achievement of official city
programs.
B. No officer, advisory board member or city employee shall knowingly represent, directly or
indirectly, any person, group or business entity:
(1) Before the City Council or any department, agency, board or commission of the
city;
(2) In any action or proceeding against the interests of the city or in any litigation in
which the city or any department, agency, board or commission thereof is a party;
or
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(3) In any action or proceeding in the municipal courts of the city which was instituted
by a city officer or employee in the course of his or her official duties, or a criminal
proceeding in which any city officer or employee is a material witness for the
prosecution.
C. The restrictions in this section do not prohibit the following:
(1) A city employee, officer or advisory board member (other than City Council), or
his or her spouse, appearing before the City Council or a city department, agency,
board or commission to represent himself or herself in a matter affecting his or her
property; provided, however, that no such person, or his or her spouse, shall appear
before the board or commission of which he or she is a member; or
(2) A city employee or officer of an employee organization appearing before the City
Council or a city department, agency, board or commission to address employment
matters.
D. The restrictions in this section do not apply to business associates of officers, employees
or advisory board members, but only personally to the officers, employees and advisory
board members themselves.
SECTION 3.
That Chapter 2, Article VI, Section 2-265 of the Southlake City Code is hereby amended as
follows:
Sec. 2-265 DISCLOSURE OF INTEREST
A. If any city officer, employee or advisory board member has a substantial interest in a
business entity or real property involved in any decision pending before such officer,
E:3
employee, or advisory board member, or the body of which he or she is a member, such
officer, employee, or advisory board member shall disclose such interest as provided in
paragraph D below and shall not, except as provided in paragraph B below, discuss the
substance of the matter at any time with any other member of the board of which he is a
member or any other body which will vote on or otherwise participate in the consideration
of the matter.
B. If any of the following interests or relationships are involved in any decision pending
before any city officer, employee, or advisory board member, or the body of which he is a
member, such officer, employee, or advisory board member must disclose such interest or
relationship as provided in paragraph D and, in the case of an interest described in Section
B.(6), as provided in paragraph E below, but he shall be permitted to vote on and
participate in the consideration of such matter:
(1) A decision concerning a bank or other financial institution from which the officer,
employee, or advisory board member has a home mortgage, automobile loan, or
other installment loan, if the loan is not currently in default, was originally for a
term of more than 2 years and cannot be accelerated except for failure to make
payments according to the terms thereof,
(2) A decision concerning a bank or other financial institution in which the officer,
employee, or advisory board member holds a savings account, checking account or
certificate of deposit and which is fully insured by the U.S. government or an
agency thereof,
(3) A decision concerning a business entity with which the officer, employee, or
advisory board member has a retail or credit card account;
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(4) A decision concerning the approval of substitution of collateral by a city
depository bank;
(5) A decision concerning real property in which the officer, employee or advisory
board member has a substantial interest if it is not reasonably foreseeable that such
decision would have a special economic effect on the value of the property,
distinguishable from the effect on the public (see Section 171.004, Texas Local
Government Code).
(6) A relationship between a city officer, advisory board member or employee and a
person who has contracted with the City or is considering doing business with the
City, if the city officer, advisory board member, employee, or family member of
the city officer, advisory board member or employee has received one or more
gifts from a person who has contracted with the City or is considering doing
business with the City and the gift(s) have an aggregate value of more than $250 in
the twelve (12) month period preceding the date the person becomes aware of a
contract with the City or that the City is considering doing business with the
person. This shall not apply to gifts of food, lodging, transportation or
entertainment accepted as a guest.
C. If the following relationship exists between any city officer, advisory board member,
employee or family member of a city officer, advisory board member or employee, such
officer, advisory board member or employee must disclose such interest as provided in
paragraph E below and shall not, in accordance with Paragraph A, discuss the substance of
the matter at any time with any other member of the board of which he or she is a member
or any other body which will vote on or otherwise participate in the consideration of the
NO
matter. A relationship shall exist if the city officer, advisory board member, employee, or
family member of the city officer, advisory board member or employee receives taxable
income from a person who contracts with the City or is considering doing business with
the City for the sale or purchase of property, goods or services with the City.
D. A city officer, employee or advisory board member shall disclose the existence of any
substantial interest in a business entity or real property involved in any decision pending
before such officer, employee or advisory board member, or the body of which he is a
member. To comply with this paragraph, a city officer or advisory board member shall,
prior to any discussion or determination of the matter, either file an affidavit of disclosure
as required by Section 171.004 of the Texas Local Government Code or, if not so
required, shall publicly disclose in the official records of the body or of the city secretary
the nature of the interest. To comply with this paragraph, a city employee shall notify his
or her superior in writing of the nature of any substantial interest he may have in a
business entity or real property which would be affected by an exercise of discretionary
authority by the city employee and such superior shall assign the matter to another
employee.
E. A city officer, advisory board member or employee shall disclose a relationship that exists
between the officer, advisory board member, employee or family member of the officer,
advisory board member or employee with a person contracting or seeking to contract with
the City by filing a conflicts disclosure statement with the City Secretary as required by
Section 176.003 of the Texas Local Government Code. The disclosure statement form is
available from the City Secretary or by visiting
www.ethics.state.tx.us/whatsnew/conflict forms. This disclosure shall be filed not later
than 5:OOp.m. on the seventh business day after the date on which the officer, advisory
board member or employee becomes aware of the existence of a relationship as defined in
Section 4, paragraphs B(6) and C.
SECTION 4.
That Chapter 2, Article VI, Section 2-266 of the Southlake City Code is hereby amended as
follows:
See. 2-266 ENFORCEMENT
A. The City Council shall have the primary responsibility for the enforcement of this code.
The City Council may direct the city attorney to investigate any apparent violation of the
code or it may employ or appoint any qualified attorney to investigate any violation or
series of violations of this code by one or more persons. At the direction of the City
Council, the city attorney shall have the power to investigate any complaint, and to take
any action on behalf of the city where such action is appropriate.
B. Any person who believes that a violation of any portion of the code has occurred may file
a complaint with the City Council who may then proceed as provided in paragraph A
above. However, nothing in this code shall be construed to prevent complainants from
instituting direct legal action through the appropriate judicial authority.
SECTION 5.
That Chapter 2, Article VI of the Southlake City Code is hereby amended as follows to add
Section 2-268 as follows:
The Council hereby directs the City Manager to prepare and bring before the Council for adoption
by resolution, an Employee Business Code of Conduct to be included in the City Personnel Manual which
12
shall incorporate the provisions of this Code of Ethics and Conduct and proscribe conduct in accordance
with adopted Southlake Values.
SECTION 6.
DISTRIBUTION OF CODE OF ETHICS AND CONDUCT
The city secretary shall cause a copy of this code of ethics and conduct to be distributed to every
officer, employee and advisory board member of the city within thirty (30) days after enactment of this
code. Each officer, employee and advisory board member thereafter elected, hired or appointed shall be
furnished a copy before entering upon the duties of his or her office or employment and shall sign a
written statement acknowledging receipt of the copy. A copy of the ordinance shall be furnished to each
officer, employee and advisory board member each year.
SECTION 7.
This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas,
except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances,
in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 8.
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or
section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 9.
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The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book
or pamphlet form for general distribution among the public, and the operative provisions of this ordinance
as so published shall be admissible in evidence in all courts without further proof than the production
thereof.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS JL2-L DAY OF
2006
YOR
ATTEK:
SECRETARY
\♦,`�efoelrtrllfes
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os
PASSED AND APPROVED ON SECOND READING ON THIS (. fh DAY OF
\u r 1c , 2006.A-- —
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AAYOR
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CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE: h • 19. Ql
14
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INVOICE A
Star -Telegram
RECEIVED
Customer ID:
CIT57
400 W. 7TH STREET
Invoice Number:
270964341
FORT WORTH, TX 76102
Invoice Date:
6/9/06
(817) 390-7761
J U N 2 1 2006
Federal Tax ID 22-3148254
Terms:
Net due in 21 days
Due Date:
6/30/06
Bill To:
OFFICE OF CITY SECRETARY
PO Number:
NO PO
CITY OF SOUTHLAKE
Order Number:
27096434
1400 MAIN ST
STE 440
Sales Rep:
073
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
Publication Date:
6/9/06
Attn BELINDA WILLIS
Description
Location Col Depth
Linage MU Rate Amount
CITY OF SOUTHLAKE ORDINANCE NO 1351o 1 54
OF
54 LINE
'S0.81 S43.74
AN
CITY
N MCIN 0N NO.
6
ORDINANCE OF
Net Amount:
$43.74
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public it
for the Star -Telegram, publisl
depose and say that the aft,
LEGAL DEPT. STAR TLEGRAM
(817) 390-7320
CHRISTY L.HOLLAND
5Tj�11
My COMMISSION EXPIRES
July 31, 2OD8
)d State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
n" Inc. qt Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did
ivertisteras published in th bove named paper on the listed dates: BIDS &
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, June
Notary Public
Thank You For Your Payment
---------------------------------------------
Remit To: Star -Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 270964341
Invoice Amount: $43.74
PO Number: NO PO
Amount Enclosed: 1,
$
INVOICE MS
Star-Telegram Customer ID: CIT57
400 W.7TH STREET RECEIVED
Invoice Number: 270118381
FORT WORTH,TX 76102 I C
(817)390-7761 Invoice Date: 5/20/06
Federal Tax ID 22-3148254 JUN Terms: Net due in 21 days
6 2006 Due Date: 5/31/06
Bill To: OFFICE OF CITY SECRETARY PO Number: NOPO
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 27011838
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: STEVE MOORE Publication Date: 5/20/06
I Descripti 3 LocationCo ;. De t ;'l , a e MU a
on C, 'Amount
CITY OF SOUTHLAKE Notice is he I3580 1 67 67 LINE $0.81 $54.27
tiro'OF
SOUTHLAKE
Notice Is hereby given — Net Amount: $54.27
by the City Council of PROVIDING A SEV-
the City of Southlake, ERABILITY CLAUSE;
Texas, that a public PROVIDING FOR
hearing will be held PUBLICATION IN
on June 6, 2006, at PAMPHLET FORM;
5:00 p.m or immedi- AND PROVIDING AN
ately following the EFFECTIVE DATE.
Work Session, during City of Southlake
the Regular City Lon Farwell
Council meeting to be City Secretary
held in the City — —
Council Chambers of
Town Hall,1400 Main
Street, Southlake,
Texas.Purpose of the
public hearing' is to
consider the second
reading of the fol-
lowin9 ordinance:
ORDINANCE NO.
635-A
ATHEN ORDICITYCE OOF
F „,•, I
SOUTHLAKE TEX- ;^,''
AS AMENDING .t'; CHRISTY L.HOLLAND
CHAPTER 2, ARTI- MY COMMISSION Exolpc
CLE VI, CODE OF i
ETHICS AND CON- .•,:
DUCT OF THE %F'•'S�• July 31,ZOOf
THE STATE OF TEXAS SOUTHLAKE CITY "' _._-- �
County of Tarrant SECTION AMEND
2 261,,
DEFINITIONS; SEC-
TION 2-264 STAN-
Before me,a Notary Pt DUCTSU 2-2s5 cat- aunty and State,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
CLOS
for the Star-Telegram, l INTERESTRE Si AND - Telegram,Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did
depose and say that tl To COMPLYE WITH of an advertis m t was published in the above named paper on the listed dates: BIDS&
LEGAL DEPT. STAR TLEG •CA OTFE RE 1 TE AAD
(817) 390 7320 LOCAL GOVERN-
MENT CODE; ADD-
ING SECTION 2-268
TO REQUIRE THE r1
EMPLOYEE O BUSI- Signed I
NESS CODE OF
CONDUCT; PRO-
SUBSCRIBED AND SWOP ORDINANCE SHALL S Tuesday, May 2 , 2
BE CUMULATIVE OF
ALL ORuDIANCCES;
Notary Public
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 270118381
Invoice Amount: $54.27
PO Number: NOPO
Amount Enclosed: $