0635B
OFFICIAL RECORD
ORDINANCE NO. 635-B
AN ORDINANCE OF THE CITY OF SOUTH LAKE, TEXAS, AMENDING
CHAPTER 2, ARTICLE VI, CODE OF ETHICS AND CONDUCT OF THE
CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TO AMEND
SECTION 2-265 DISCLOSURE OF INTEREST TO COMPLY WITH
CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; 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 Texas Local Government Code; and
WHEREAS, the City Council of the City of South lake 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 South lake which is codified
as Chapter 2, Article VI of the South lake City Code; and
WHEREAS, the City Council of the City of South lake desires to amend Chapter
2, Article VI of the Southlake City Code to reflect changes in Chapter 176 of the Local
Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTH LAKE, TEXAS:
SECTION 1.
Chapter 2, Article VI, Section 2-265 of the South lake 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
Page 1
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 interest as provided in paragraph D below and
shall not, except as provided in paragraph 8 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.
8. 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 8.(6), as provided in
paragraph E, paragraph F, or paragraph G 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;
(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
Page 2
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 with whom the City
is considering entering into a contract 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 entering into a contract with the
person. This shall not apply to gifts given as a political contribution as
defined by the Election Code, gifts given by a family member of the
person accepting the gift, or 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,
paragraph F, or paragraph G 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 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,
other than investment income, that exceeds $2,500 from a person
who contracts with the City or with whom the City is considering
Page 3
entering into a contract if such income was received during the twelve
month period preceding the date the city officer, advisory board
member or employee becomes aware of the existing or potential
contract.
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, and the Director of Human
Resources 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. The employee's superior shall
assign the matter to another employee.
E. A council member or the City Manager shall disclose a relationship as
defined in Section 4, paragraphs 8(6) and C that exists between the council
member, the City Manager or family member of the council member or City
Manager with a person who enters into a contract the City or with whom
the City is considering entering into a contract 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/conflictforms.This disclosure shall be
filed not later than 5:00p.m. on the seventh business day after the date on
which the council member or the City Manager becomes aware of the
existence of a relationship as defined in Section 4, paragraphs 8(6) and C.
Page 4
F. An advisory board member shall disclose a relationship as defined in
Section 4, paragraphs 8(6) and C that exists between the advisory board
member, or family member of the advisory board member with a person who
enters into a contract with the City or with whom the City is considering
entering into a contract by filing a written statement with the City Secretary
on a form promulgated by the City Secretary for that purpose. This
statement shall be filed not later than 5:00 p.m. on the seventh business day
after the date on which the advisory board member or employee becomes
aware of the existence of a relationship as defined in Section 4, paragraphs
8(6) and C.
G. An employee of the city shall disclose a relationship as defined in Section 4,
paragraphs 8(6) and C that exists between the employee, or family member
of the employee, with a person who enters into a contract with the City or
with whom the City is considering entering into a contract by filing a written
statement with the Director of Human Resources on a form promulgated by
the Human Resources Department for that purpose. This notification shall
be provided not later than 5:00 p.m. on the seventh business day after the
date on which employee becomes aware of the existence of a relationship
as defined in Section 4, paragraphs 8(6) and C.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of Southlake, Texas, as amended, except where the
provisions of this ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event the conflicting provisions of such ordinances and such
Code are hereby repealed.
Page 5
SECTION 3.
Should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall
not affect! the validity of this ordinance as a whole, or any part or provision thereof other
than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 4.
The City Secretary of the City of Southlake is hereby directed to publish this
ordinance to the extent required by law.
SECTION 5.
This Ordinance shall take effect immediately from and after its passage and
approval, and it is so ordained.
PASSED AND
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M AND LEGALITY:
Page 6
Citv of Southlake
Personnel Policies
Section:
Rules and Regulations
Topic: Code of Ethics and Conduct
Effective Date: March 21, 1995
Approved Bv: ORDINANCE NO. 635
Revision Date: October 2, 2007
1.0 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, 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 her duties in the public interest;
that public office and public employment are positions of public trust imposing the duty of a
fiduciary upon all employees and officeholders, who are not to use their public position 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 ethics and
conduct for all officers, employees and advisory board members, whether elected or 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.
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 2 of 12
2.0 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
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
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 3 of 12
(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
(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).
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 4 of 12
3.0 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
(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
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 5 of 12
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:
(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.
(8) Make or permit the unauthorized use of city owned vehicles, equipment, materials
or property.
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 6 of 12
(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
(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 Councilor a city department, agency,
board or commission to represent himself or herself in a matter affecting his or her
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 7 of 12
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
Councilor 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.
4.0 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 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.
R 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
R( 6), as provided in paragraph E, paragraph F, or paragraph G 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;
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 8 of 12
(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;
(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 with whom the City is
considering entering into a contract 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 entering into a
contract with the person. This shall not apply to gifts given as a political
contribution as defined by the Election Code, gifts given by a family member of
the person accepting the gift, or 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, paragraph F or paragraph G below and shall not, in accordance with
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 9 of 12
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 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, other than investment income, that exceeds
$2,500 from a person who contracts with the City or with whom the City is considering
entering into a contract if such income was received during the twelve month period
preceding the date the city officer, advisory board member or employee becomes aware of
the existing or potential contract.
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, and the Director of Human Resources 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. The employee's
superior shall assign the matter to another employee.
E. A council member or the City Manager shall disclose a relationship as defined in Section
4, paragraphs B(6) and C that exists between the council member, the City Manager or
family member of the council member or City Manager with a person who enters into a
contract the City or with whom the City is considering entering into a contract 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/conflictforms.This
disclosure shall be filed not later than 5:00p.m. on the seventh business day after the date
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 10 ofl2
on which the council member or the City Manager becomes aware of the existence of a
relationship as defined in Section 4, paragraphs B(6) and C.
F. An advisory board member shall disclose a relationship as defined in Section 4,
paragraphs B(6) and C that exists between the advisory board member, or family member
of the advisory board member with a person who enters into a contract with the City or
with whom the City is considering entering into a contract by filing a written statement
with the City Secretary on a form promulgated by the City Secretary for that purpose.
This statement shall be filed not later than 5 :00 p.m. on the seventh business day after the
date on which the advisory board member or employee becomes aware of the existence of
a relationship as defined in Section 4, paragraphs B(6) and C.
G. An employee of the city shall disclose a relationship as defined in Section 4, paragraphs
B( 6) and C that exists between the employee, or family member of the employee, with a
person who enters into a contract with the City or with whom the City is considering
entering into a contract by filing a written statement with the Director of Human
Resources on a form promulgated by the Human Resources Department for that purpose.
This notification shall be provided not later than 5:00 p.m. on the seventh business day
after the date on which employee becomes aware of the existence of a relationship as
defined in Section 4, paragraphs B(6) and C.
5.0 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
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 11 of 12
above. However, nothing in this code shall be construed to prevent complainants from
instituting direct legal action through the appropriate judicial authority.
6.0 EMPLOYEE BUSINESS CODE OF CONDUCT
A. 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 shall incorporate the provisions of this Code of Ethics and
Conduct and proscribe conduct in accordance with adopted Southlake Values.
7.0 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.
8.0 PENALTIES: FORFEITED POSITION: EXEMPTIONS: INJUNCTIONS
A. Except where otherwise provided by state law, it is not the intent of this code that
violations thereof be subject to criminal penalties.
B. Whenever the City Council has determined that any officer, employee or advisory 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
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 12 of 12
board member from being re-elected, 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 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 the power, 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 enjoining 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 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.
9.0 DISTRIBUTION OF CODE OF ETIDCS 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.
INVOICE '"
Star-Telegram Customer ID: CIT57
400 W.7TH STREET Invoice Number: 289628011
FORT WORTH,TX 76102
(817)390 7761 Invoice Date: 10/5/07
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 10/31/07
Bill To: PO Number: no po
;� ;Id �TA?Y
CITY OF SOUTHLAKE �'ri +;vE OF CII r SECR�
1400 MAIN ST Order Number: 28962801
STE 440 Sales Rep: 005
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 10/5/07
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTH-
CITY OF SOUTHLAKE O] ORDLAI NKENNE 13580 1 43 43 LINE $0.81 $34.83
A
NO. 63S B
AN ORDINANCE OF
F
Misc Fee THE
TEX- $5.00
AS, AMENDING
CHAPTER 2, ARTI-
CLE VI, CODE OF
ETHICS AND CON-
DUCT OF THE CODE
OF ORDINANCES OF
THE CITY
SOUTHLAKE, TOO F Net Amount: $39.83
AMEND SECTION 2-
265 DISCLOSURE OF
INTEREST TO COM-
PLY WITH CHAPTER
176 OF THE TEXAS
LOCAL GOVERN-
MENT CODE• PRO-
VIDING THAT THIS
ORDINANCE SHALL
BE CUMULATIVE OF -�
ALL ORDINANCES; AZErc:E1 1/
PROVIDING A SEV-
ERABILITY CLAUSE;
PROVIDINGLICATIFOR
S I 2 S 2007
PUBLICATION AS CT b u
REQUIRED BY LAW;
AND PROVIDING AN ---
EFFECTIVE DATE.
PASSED AND AP- ,r CHRISTYL •
PROVED THIS THE 4 f r
2nd DAY OF ocro- }i r MY COMMISSION EXPIR t'
BER, 2007, DURING et
THE REGULAR CITY Si.. July 31,20013
, COUNCIL MEETING. ?o.•.
THE STATE OF TEXAS MWambsganss AndyLori —~
County of Tarrant A ty Secretary Payfe C
Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star-
Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached clipping of an advertisement was published in t bove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-7501
Signed (►� \
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday,Oct er , 007. „ ,/
scilely
Notary Public C-�
liee)
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: 289628011
Invoice Amount: $39.83
PO Number: no po
Amount Enclosed: $
INVOICE ! niiiiNli41,
Star-Telegram Customer ID: CIT57
400 W.7TH STREET RECEIVED Invoice Number: 288831971
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 9/14/07
Federal Tax ID 22-3148254 ,. Terms: Net due in 21 days
OCT - 1 ,'�i
Due Date: 9/30/07
Bill To: OFFICE OF "'," {{++� T PO Number: no po
CITY OF SOUTHLAKE 1,;;�) SECRETARY Order Number: 28883197
1400 MAIN ST
STE 440 Sales Rep: 005
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE Publication Date: 9/14/07
Description Location Col Depth Linage MU Rate Amount
CITY OF
SOUTHLAKE
CITY OF SO1 Notice is hereby given she Hs) () 1 7 57 LINE $0.81 $46.17
by the City Council
of the City of
Southlake, Texas,
that a public hearing
will be held on Oc-
tober 2,2007,at 5:00
p.m. or immediately
following the Work Net Amount: $46.17
Session, during the
Regular City Council
meeting to be held
in the City Council
Chambers of Town
Hall, 1400 Main
Street, Southlake
Texas. Purpose o�
the public hearing is
to consider the sec-
ond reading of the
following ora
ANCdinEnce:
NO. 635-B — _.
AN ORDINANCE OF - - -
THE CITY OF
SOUTHLAKE TEX-
AS, AMENDING
CHAPTER 2, ARTI-
CLE VI, CODE OF _ - t
ETHICS AND CON-
DUCT OF THE CODE r
OF ORDINANCES OF '• fib= OHFIS'
THE CITY OF I;`i _
SOUTHLAKE TO •it_ MY COMM:CQMNiI
AMEND SECTION 2- ''+rE.,.;� �� .IUIy 31.2006
265 DISCLOSURE OF 1 •I�'•.•A...1•
INTEREST TO COM- ...
PLY WITH CHAPTER
THE STATE 176 OF THE TEXAS
LOCALCounty ofTa MENT CODE•VPRO-
VIDING THAT THIS
ORDINANCE SHALL
Before me,a ALLC UORD NANCES;'or said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star-
PROVIDING A SEV-
Telegram,pi ERABILITY CLAUS legram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached clip pUBLICAT ON FAAS nt was published in the ove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-75 REQUIRED BY LAW;
AND PROVIDING AN
EFFECTIVE DATE. �\
City of Southlake \`t^`
Lori Payne Signed Signed\N__X i
4
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday,See emit)" ' 007.
1ale".46)
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: 288831971
Invoice Amount: $46.17
PO Number: no po
Amount Enclosed: $