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2003-11-05cuity of soutmaxe, i exas MEMORANDUM October 31, 2003 TO: Southlake Crime Control and Prevention District Board of Directors FROM: Rick Black, Director of Public Safety SUBJECT: Oath of Office Included in your packets are several documents, one of which is the Oath of Office that will be conducted during the Administrative Comments portion of the November 5, 2003 Crime Control and Prevention District Meeting. Please bring this document with you to the meeting. Also included is a Personal Information Update form and a Code of Ethics and Conduct Acknowledgement form. Please complete these and bring them to the meeting and give them to Administrative Secretary Bobbye Shire. A copy of Ordinance No. 635 Code of Ethics and Conduct has been provided for your information and is yours to keep. I am available for any comments or questions you may have. RB/bls %-Ity OI IOIIiIIIAHC, 1 caa5 Oath of Office Appointed Officer State of Texas § County of Tarrant/Denton § City of Southlake § «I do solemnly swear (or affirm) that I will faithfully execute the duties of the office of , of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." Sworn to and subscribed before me, this the (seal) day of 2003. Notary Public TO: Newly appointed board, commission, and committee members FROM: Office of the City Secretary SUBJECT: Personal Information (Phone/Address, etc.) Directory Update and Authorization The City of Southlake complies with the Open Records Act, which requires that all information in City records be made available to anyone making such a written request. This includes the names and addresses of boards, commissions, and committee members. The Act does contain a provision (Section 552.117, Page 78, of the Texas Open Records Act Handbook) which allows you to restrict the release of this information. Under the Law, requests to restrict release of this information must be submitted in writing at least 14 days after the appointment by the City Council. Therefore, we would like to know your decision by completing the information below. If you should choose not to have your personal address, phone number, or other contact numbers publicized in various publications, such as the City's Boards and Commissions Handbook, the website page, or other publications, we will list the City's address and our phone number as a means for you to be contacted by the public, and we will be happy to relay any calls or messages to you. We want to protect your privacy should you choose to keep it unlisted. AUTHORIZATION Please indicate your choice by placing an "X" in the appropriate blank and sign. Please DO NOT release or publicize my home address, home/work phone numbers, fax numbers, email addresses, or other contact numbers I have listed below. Contact with me should be made through the Office of the City Secretary. I hereby GRANT PERMISSION to the City of Southlake to release my (check only the information you would like the 'public" to have access to): home address home phone number home fax number work phone number work fax number home email address work email address cell phone number (Please note: The city will furnish to citizens upon their request, only the information you have checked--- the other information will only be utilized by staff and other committee members to contact you during the day, should the need arise) Board or Commission Name: Name - PLEASE PRINT Address Home fax number Home email address Work fax number Work email address Signature Date Home phone number Work phone number Cell phone number City of Southlake, Texas Code of Ethics and Conduct Acknowledgement Form A proposition requiring a Code of Ethics and Conduct Ordinance was approved by the voters as the result of the January 21, 1995, Charter Election. Hence, the City Council approved Ordinance No. 635 on March 21, 1995. Section 8 of the ordinance, Distribution of Code of Ethics and Conduct states, "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." In compliance with this ordinance, attached is your copy of Ordinance No. 635. ACKNOWLEDGEMENT I acknowledge receipt of the City of Southlake, Ordinance No. 635, Code of Ethics and Conduct. Signature Printed name Board or Commission Name Return to: Office of City Secretary 1400 Main Street, Suite 270 Southlake, Texas 76092 Date ORDINANCE NO. 635 CODE OF ETHICS AND CONDUCT AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS ADOPTING A CODE OF ETHICS AND CONDUCT APPLICABLE TO OFFICERS, EMPLOYEES AND BOARD MEMBERS WITHIN THE CITY; PROVIDING STANDARDS OF CONDUCT FOR SUCH OFFICERS, EMPLOYEES AND BOARD MEMBERS; REQUIRING THE DISCLOSURE OF CONFLICTS OF INTERESTS; PROVIDING FOR THE RENDERING OF ADVISORY OPINIONS BY THE CITY ATTORNEY; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS HEREOF; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; 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 deems it necessary and advisable to adopt 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. DECLARATION OF POLICY It is hereby declared to be the policy of the City of Southlake that the proper operation of democratic government requires that public officials and employees be independent, impartial and responsible only to the people of the city; that governmental decisions and policy should be made in the proper channels of the governmental structure; that no officer, employee or member of any board, commission or committee should have any interest, financial or otherwise i , direct or Indirect, or engage in any business, transaction or professional activity or incur any obligation of any nature which is in conflict with the proper discharge of his or herd g on duties In the public interest; that public office and public employment are positions of public trust imposing th P g e duty of a fiduciary upon all employees.and officeholders, who are not to use their publicositio P n for Personal gain, and that the public should have confidence in the integrity of its government. To implement such a policy, the City Council deems it advisable to enact this code of ethic . sand conduct for all officers, employees and advisory board members, whether elected ora appointed, , paid or unpaid, to serve not only as a guide for official conduct of the city's public servants but also as a basis for discipline for those who refuse to abide by its terms. This code of ethics and conduct is cumulative of other ordinances, city charter provisions and state statutes defining and Prohibiting conflict of interest. b SECTION 2. DEFINITIONS For the purposes of the this code of ethics and conduct the foIIowing 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, P y, jointstock company, receivership, trust, or any other entity recognized by law. c:1 Wp511ord&res%cth is _ 635/kb i Employee shall mean any person employed by the city, including those individuals on a i part-time basis, but such term shall not be extended to apply to any independent contractor. 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 application, permit, license or other City approvals; provided, no member of an advisory board shall be deemed an officer of the city. ! j 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 c:1"Wl\0rd&rrslahia.635/kb I j 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 11 governing board of a business entity; and (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 Peary 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 L.ocaI Government Code). D• A person has a substantial interest under this ordinance if the person's spouse or a person related to the person in the first degree by consanguinity or affinity has c:1wp51 lord&ralahia.635/kb a substantial interest under this ordinance (see Section 171.002, Texas Local j Government Code). A person is related in the first degree by consanguinity to his or her father, mother, brother, sister, son or daughter. A person is related in the first degree by affinity to his or her father-in-law, mother-in-law, brother's spouse, sister's spouse, son-in-law or daughter-in-Iaw. SECTION 3. 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 froman Y person, group or business entity that might reasonably tend to influence him in the discharge of his or her official duties_ This prohibition shall not apply to: (a) An occasional non -pecuniary gift, igficant in value; or (b) An award publicly presented in recognition of public service; or (c) Any gift which would have been offered or given to him if he were not a city officer, employee or advisory board member, or their spouses. (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) Accept or solicit any gift, favor, service or thing of value, including a Promise of future employment, of sufficient economic value that it might CAwp511ord&ratahiCS.635/kb reasonably tend to influence him, in the discharge of his or her official duties, from any person, group or business entity: (a) Who is licensed or has a substantial interest in any business entity that is licensed by any city department, agency, commission or board on which the city officer, employee or advisory board member serves; or (b) Who has a f mancial interest in any proposed ordinance or decision Upon which the city officer, employee or advisory board member may or must act or make a recommendation; provided, however, that any city officer, employee or advisory board member and their spouses, may accept travel and related expenses to attend j ceremonial functions, provided that such acceptance and attendance have been approved by the City Council prior to the occurrence of the ceremonial function. (4) Knowingly disclose any confidential informationained g by reason of the Position of the officer, employee or advisory board member concerning the property, operations, policies or affairs of the city, or use . suc h confidential information to advance any personal interest, financial or otherwise, of such officer, employee or advisory board member o r 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. C- Nn511ord&rq%cthia.635/kb i. (5) 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. (6) Engage in any exchange, purchase or sale of property, goods or services with the city, except: (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 C:XWp51\ord&;=a ethi=-635/kb which such advisory board member engages or proposes to engage. (7) Hold himself out as representing the city in any capacity other than that for which he was appointed, elected or hired. (8) 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. (9) Make or permit the unauthorized use of city owned vehicles, equipment, materials or property. (10) Grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen. (11) 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. (12) Transact any business in his or her official capacity with the city with a business entity in which he has a substantial interest. (13) 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. c:Iwp51 \0rd&reslahia.635/kb n (14) Knowingly perform or refuse to perform any act in order to deliberately i) thwart the execution of city ordinances, rules or regulations or the achievement of official city programs. B. No member of the City Council, salaried city officer 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 (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. No member of a city board or commission shall knowingly represent, directly or indirectly, any person, group or business entity: (1) Before the City Council or the board or commission of which he or she is a member; (2) Before a board or commission which has appellate jurisdiction over the board or commission of which he or she is a member; (3) 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 aparty; or (4) In any action or proceeding in the municipal courts of the city which was c-Awp511ord&rakshics.635/kb n 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. D. The restrictions in this section do not prohibit the following: (1) A city employee or member of a city board or commission (other than City CounciI), 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. E. 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 4. 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, 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 C:1wp5110rd&rCS1cEhiCS-6351kb interest as provided in paragraph C 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 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 as provided in paragraph C 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 Ioan 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; (4) A decision concerning the approval of substitution of collateral by. a city depository bank; r c:1wp5110rd&rcS %Mh ia.635/kb (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). C. 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 and affidavit of disclosure as required by Section 171.004 of the Texas Local Government Code or, if not so required, shall publicly disclose r 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. SECTION S. ENFORCEMENT A. The City Council shall have the primary responsibility for the enforcement of this code. The City Council may direct the city attorney toinvestigate or prosecute any apparent violation of the code or it may employ or appoint any qualified c:1-P51\0rd&res\ethicc.635/kb 7 Nt attorney to investigate or prosecute 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, to initiate any suit, and to prosecute 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 6. ADVISORY OPINIONS A. Where any officer; employee or advisory board member has a doubt as to the applicability of any provision of this code to a particular situation, or as to the definition of terms used herein, he may apply to the city attorney for an advisory opinion. The officer, employee or advisory board member shall have the opportunity to present his or her interpretation of the facts at issue and of the applicability of provisions of the code before such advisory opinion is made. B• Until amended or revoked, any advisory opinion shall be binding on the city, the City Council, and the city attorney in any subsequent actions concerning the Public officer, employee or advisory board member who sought the opinion and acted on it in good faith, unless material facts were omitted or misstated in the request for the advisory opinion. Such opinion shall not be binding in any action initiated by any private citizen. c:1wp51 %0rd&r=%Cffi is .635/kb 13 I SECTION 7. PENALTIES; FORFEITED POSITION; EXEMPTIONS; INJUNCTIONS A RI Except where otherwise provided by state law, it is not the intent of this code that violations thereof be subject to criminal penalties. Whenever the City Council has determined that any officer, employee or advisory dvisory board member has violated any provision of this code, such officer, employee or advisory board member shall be subject to discipline, including forfeiture of his or her office or position. Nothing in this ordinance shall be construed to prohibit such officer, employee or advisory board member from beingre-elected, lected, reappointed or otherwise rehired to any position forfeited under the provisions of this code. C• The City Council may exempt from the provisions of this code any conduct found j to constitute a violation by an officer, employee or advisory board member if it finds that the enforcement of this code with respect to such conduct is not in the public interest. D. Any contract or transaction which was the subject of an official act or action of the city in which there is an interest prohibited by this code, or which involved the violation of a provision of this code, shall be voidable at the option of the City Council. E. At the discretion of the City Council, the city attorney shall have theower, P, where a violation of the provisions of this code is threatened or has occurred, to bring a civil action or proceeding, at law or in equity, for a judgment enjoinin g any violation of the provisions of this code or requiring the relinquishment of any Prohibited interest or the voiding of any such contract or transaction, taking into c:iwp511ord&reslethia.635/kb 14 account the interests of the city and any third persons who may be injured thereby. Where the City Council determines that the public interest may best be served by not voiding a contract or transaction entered into in violation of this code, such contract or transaction may be enforced and an action or proceeding may be brought against any officer, employee or advisory board member found in violation of provisions of this code for damages, not to exceed twice the damages suffered by the city or twice the profit or gain realized by the officer, employee or advisory board member, whichever is greater. SECTION 8 DISTRIBUTION OF CODE OF ETHICS AND CONDUCT The city secretary shall cause a copy of this code of ethics and conduct to be distributed -'t 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 9 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. CAwP51 %0rd&ret1eshic5.635/kb 15 I SECTION 10. 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 �P or section. SECTION 11. The City Secretary of the City of Southlake is hereby authorized to publish this oIF%rdinance in book or pamphlet- form for general °distribution among the public, and the operative provisions ovi P p sions Of this ordinance as so published shall be admissible in evidence in all courts without further Proof than the production thereof. SECTION 12. 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. C-An5110rd&x=%=hia.635/kb 16 I PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1995 �A/(,&,, o N YOR v # A T: ITY SECRETARY --"� �0'ee-�-j PASSED AND APPROVED ON SECOND READING ON THIS —tL DAY OF 1995. AYOR S �. ATT T: v, �"�"��� "'��•. �r �c �e C Ty SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date:— L} - q– 9S ADOPTED: 7�-vZ�, EFFECTIVE: y c.1wp51 lord&ralahia.635/kb 17