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HomeMy WebLinkAboutResolution No. 08-19 Code of EthicsRESOLUTION NO. 08- 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ESTABLISHING A CODE OF ETHICS FOR OFFICERS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS; Section 1. That a Code of Ethics for officers of the City of University Park, Texas (city") is hereby established as follows: CODE OF ETHICS FOR OFFICERS DEFINITIONS. For the purposes of this Code, the following words and phrases shall have the meanings respectively ascribed to them: Censure shall mean a formal written resolution of the City Council reprimanding an officer for violation of the Code of Ethics. ~ Duties of Office shall mean the duties of an officer relative to their service under the laws and the Constitution of the State of Texas, and the Charter and Ordinances of the city. Officer shall mean any member of the City Council, any appointive board, commission, authority or committee set up by ordinance, resolution, the Charter or state law on a permanent basis, and any member of a board, commission, authority or committee that functions in an advisory or study capacity only. Reprimand shall mean a formal or informal public admonition concerning a violation of the Code of Ethics. Sanction shall mean a formal written resolution of the City Council imposing an incentive for securing enforcement which may include, but not limited to, disqualification of consideration of a matter, forfeiture of Council appointments or duties. Page 1 POLICY. It is hereby declared to be the policy of the city that the proper operation of democratic government requires that officers be independent, impartial and responsible only to the people of the city; that the efficient function of city government requires diligent attendance to the business of the city by its officers; that the governmental decisions and policy be made in the proper channels of the governmental structure; that no officer 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 proper discharge of such office in the public interest; that public office not be used for personal gain; and that the City Council or board or commission at all times shall be maintained as a nonpartisan body. To implement such a policy, the City Council deems it advisable to enact this Code of Ethics for all officers, 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. UNETHICAL ACTIVITY. No officer of the city shall: A. Accept any gift or favor from any person that might reasonably tend to influence such person in the discharge of official duties, or grant in the discharge of official duties any improper favor, service or thing of value. B. Use such person's official position to secure special privileges or exemptions for such person or others. C. Grant any special consideration, treatment or advantage to any citizen, individual, business, organization or group beyond that which is available to every other citizen, individual, business, organization or group. D. Disclose information that could adversely affect the property, government or affairs of the city, or directly or indirectly use any information gained by reason of such person's official position for such person's own personal gain or benefit or for the private interest of others. E. Transact any business on behalf of the city in such person's official capacity with any business entity with which such person is an officer, agent or member or in which such person owns a substantial interest. In the event that such a circumstance should arise, then such person shall make known such interest, and in the case of an officer, abstain from voting on the matter, state the reasons for doing so and have nothing further to do with the matter involved. F. Engage in any outside activities which will conflict with, or will be incompatible with, the duties assigned to such person's service to the city or reflect Page 2 discredit upon the city, or in which such service in the city will give to such person an advantage over others engaged in a similar business, vocation or activity. G. Accept or engage in outside activities incompatible with the full and proper discharge of duties and responsibilities of such person with the city, or which might impair independent judgment in the performance by such person of public duty. H. Receive any fee or compensation for services as an officer of the city from any source other than the city, except as may be otherwise provided by law. This shall not prohibit such person performing the same or other services for a private organization that such person performs for the city if there is no conflict with city duties and responsibilities of such person. I. (1) Represent, while an officer, directly or indirectly, or appear in behalf of private interests of others before any agency of the city or any board, commission, authority or committee, or represent any private interest of others in any action or proceeding involving the city, or participate on behalf of others in any litigation to which the city might be a part, or even accept any retainer or compensation that is contingent upon a specific action taken by the city or any of its agencies, except as may be authorized by law. (2) Represent, while an officer, directly or indirectly, or appear in behalf of the private interests of others before the board, commission, authority or committee of which such person is a member, or before the City Council or board which has appellate jurisdiction over the board, commission, authority or committee of which such person is a member with regard to matters that may be the subject of specific action by any such body. J. Use the prestige of such person's position or office in behalf of any single political party in such a way that it gives the impression of being endorsed by the government of the city, but such person shall at all times maintain the nonpartisan policy of the city; provided that all officials are encouraged to register, participate, and vote as they may choose in all elections. K. Knowingly perform or refuse to perform any act in order to deliberately thwart the execution of the city ordinances, rules or regulations or the achievement of official city programs. L. Use city supplies, equipment or facilities for any purpose other than the conduct of official city business unless these supplies, equipment or facilities are authorized through an appropriate contact ar license or membership available to the general public or otherwise made available for public use. Page 3 M. Engage willfully and knowingly in any dishonest act or be convicted of any crime involving moral turpitude, in connection with their duties in office, which is prejudicial to the government of the city or impairs the operation of the city. Nothing contained herein shall be construed to mean that conviction of solely a Class C misdemeanar shall be construed as unethical conduct. PERSONAL OR PRIVATE INTEREST OF OFFICER. Any officer who has either a personal or private interest in any matter pending before such person's office shall disclose such interest to the other members thereof, and shall refrain from discussing the same publicly with any other member thereof and shall not vote thereon. Every officer of the city, as that term is used in this Code, shall be subject to the conflict of interest standards set out in Section 13.08 of the Home Rule Charter of the City of University Park and Chapter 171 of the Texas Local Government Code, and shall not participate in a vote or decision on a matter involving a business entity in which such officer, or a person related to the officer, has a substantial interest if it is reasonably foreseeable that an action on the matter would confer an economic benefit on the business entity. "Business entity" sha11 include an ownership interest in real property of a value exceeding $2,500.00. ATTENDANCE AT ALL MEETINGS. Attendance of all officers at meetings of their respective offices or positions shall be mandatory unless excused. In order for an absence to be considered excused, an officer shall be responsible for notifying the Mayor, Chairperson, or a city staff inember in the event of an absence prior to any meeting. If the officer notifies the Mayor, Chairperson, or cty staff inember in any other manner or after the absence, the validity of the excuse shall be decided by the membership of the Council or Board. A partial absence and a complete absence shall be considered the same. VIOLATION OF CODE OF ETHICS; APPEAL. The failure of any officer to comply with or the violation of one or more of the Code of Ethics set forth in this article, which apply to such person, shall constitute grounds for reprimand, censure, or subject the member to any sanctions or actions under the Home Rule Charter. In the case of a City Councilmember, the matter shall be decided by a majority of the remainder of the Councilmembers. In the case of inembers of boards, commissions, committees and authorities, the matters shall be referred by the Chairperson to the City Council. The decision of the City Council shall be final in the absence of bias, prejudice or fraud. Section 2. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this resolution be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said resolution, which shall remain in full force and effect. Page 4 Section 3. That all provisions of the resolutions of the City of University Park, Texas, in conflict with the provisions of this resolution are hereby repealed. Section 4. That this resolution shall take effect immediately from and after its passage, and it is, accordingly, so resolved. DULY PASSED by the City Council of the City of University Park, Texas, this the 30th day of September 2008. APPROVED: H. HOLPOIES III,(MAYOR ATTEST: ,'~~ .l ~~ ~_"'`~c~ i'± . . ~~~ ~~'- ~ , ~~ ~i~ V~~a P BRANDY VOGE, ~TY SECR~'ARY APPROVED AS TO O ~---- ~ \ ry ^ f~~` '~ ~. l ~ ~ ~~ ~ : ,~,~ ~~ CITY ATTORNEY (RLD/6-26-08/29013) 5