Item 5ECity of Southlake, Texas
MEMORANDUM
March 30, 2005
TO: Shana Yelverton, City Manager
FROM: Ben Thatcher, Assistant to the City Manager
SUBJECT: Revised Conflict of Interest Affidavit
Action Requested: City Council approval of the revised Conflict of Interest Affidavit.
Background
Information: Toward the end of last year, the Mayor requested that the City's conflict of
interest affidavit form be reviewed and updated as needed. In working with
Lori Farwell and Tim Sralla, we found that the affidavit did not completely
cover all of the scenarios mentioned within the ethics ordinance.
In reviewing the current affidavit with the current ethics ordinance several
additions are recommended. Those recommendations are:
1. Emphasize the degree of family relationship that calls for disclosure of the
scenarios mentioned in the ethics ordinance.
2. Provide more specific business interests to cover all clauses mentioned in
the ethics ordinance.
3. Provide a miscellaneous /other section under the interest disclosures to
allow any questionable scenario to be documented that might not be
addressed in the affidavit.
4. Clarify when the affidavit must be completed and submitted to the City
Secretary's Office.
Attached to my memo is a copy of the revised affidavit form with the additions
in red, as well as a clean copy of the form.
Financial
Considerations: Not applicable.
Financial Impact: Not applicable.
Shana Yelverton, City Manager
March 30, 2005
Page 2
Citizen Input/
Board Review: Not applicable.
Legal Review: Revised affidavit reviewed by City Attorneys.
Alternatives:
• City Council decision to approve the revised affidavit as presented.
• City Council decision to approve the revised affidavit with comment.
• City Council decision to not approve the revised affidavit as presented, and
continue using the current affidavit.
Supporting
Documents: Conflict of Interest Affidavit (marked copy)
Conflict of Interest Affidavit (clean copy)
Staff
Recommendation: City Council approval of the revised Conflict of Interest Affidavit.
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
I, as a member of the of the City of Southlake,
make this affidavit and hereby on oath state the following: I, and /or a person or persons related to me within the second
degree of consanguinity, have a substantial interest in a business entity or real property as defined in Chapter 171, Texas
Local Government Code, and /or City of Southlake Ordinance No. 635 and a vote is to be taken or a decision is to be
made that will have a special economic effect on this business entity or real property.
The agenda item affecting this business entity or real property is:
COMPLETE (A) or (B)
(A)
(B)
The business entity is
The real property is located at:
(name); or
I have a substantial interest because I and /or a person or persons related to me within the second degree of
consanguinity have the following relationship to the business entity or real property which will likely be affected by the
vote on the above - referenced agenda item: (check all which are applicable)
Ownership of 10% or more of the voting stock or shares of the business entity.
Ownership of 10% or more or $15,000 or more of the fair market value of the business entity.
Funds received from the business entity exceed 10% of gross income for the previous year.
Hold a position of member of the board of directors or other governing board of the business entity.
Serve as an elected officer of the business entity.
An employee of the business entity.
Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00)
or more.
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 of five thousand dollars ($5,000.00) or more.
Have an equitable or legal ownership of real property with a fair
market value of at least $2,500.
Other:
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision and
from any further participation by discussion or debate regarding the above - referenced agenda item,. I also affirm that
this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in
question is being addressed.
Signed this day of 1 20
Signature of Official
The State of Texas
County of Tarrant
Before me, , on this day personally appeared
known to me (or proved to me on the oath of or through
(description of identity card or other document) to be the person whose name is subscribed to the
foregoing instrument and, after first being by me duly sworn, stated that the statements made in this affidavit are within
his personal knowledge and are true and correct.
Given under my hand and seal of office this day of
(SEAL)
Notary Public in and for the State of Texas
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
I, as a member of the of the City of Southlake,
make this affidavit and hereby on oath state the following: I, and /or a person or persons related to me within the second
degree of consanguinity, have a substantial interest in a business entity or real property as defined in Chapter 171, Texas
Local Government Code, and/or City of Southlake Ordinance No. 635 and a vote is to be taken or a decision is to be
made that will have a special economic effect on this business entity or real property.
The agenda item affecting this business entity or real property is:
COMPLETE (A) or (B)
(A)
(B)
The business entity is
The real property is located at:
(name), or
I have a substantial interest because I and/or a person or persons related to me within the second degree of
consanguinity have the following relationship to the business entity or real property which will likely be affected by the
vote on the above - referenced agenda item: (check all which are applicable)
Ownership of 10% or more of the voting stock or shares of the business entity.
Ownership of 10% or more or $15,000 or more of the fair market value of the business entity.
Funds received from the business entity exceed 10% of gross income for the previous year.
Hold a position of member of the board of directors or other governing board of the business entity.
Serve as an elected officer of the business entity.
An employee of the business entity.
Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00)
or more.
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 of five thousand dollars ($5,000.00) or more.
Have an equitable or legal ownership of real property with a fair
market value of at least $2,500.
Other:
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision and
from any further participation by discussion or debate regarding the above - referenced agenda item,. I also affirm that
this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in
question is being addressed.
Signed this day of 1 20
Signature of Official
The State of Texas
County of Tarrant
Before me, , on this day personally appeared
known to me (or proved to me on the oath of or through
(description of identity card or other document) to be the person whose name is subscribed to the
foregoing instrument and, after first being by me duly sworn, stated that the statements made in this affidavit are within
his personal knowledge and are true and correct.
Given under my hand and seal of office this day of ,
(SEAL)
Notary Public in and for the State of Texas