HomeMy Public PortalAboutOrdinance No. 840-98 07-28-1998 ORDINANCE NO. 8 4 0- 9 8
• AN ORDINANCE AMENDING CHAPTER 1 "GENERAL
PROVISIONS" OF THE CODE OF ORDINANCES OF THE CITY
OF RICHLAND HILLS, TEXAS, TO ADD A NEW SECTION 11
"ETHICS" TO SAID CHAPTER; PROVIDING ETHICAL
REQUIREMENTS FOR ELECTED AND APPOINTED OFFICERS
AND EMPLOYEES OF THE CITY, TOGETHER WITH
MEMBERS OF ADVISORY BOARDS, COMMITTEES AND
COMMISSIONS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVING CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, the Home Rule Charter of the City of Richland Hills, Texas,
contains ethical requirements for elected and appointed officers and employees of
the City; and
WHEREAS, the City Council of the City of Richland Hills, Texas, after study,
finds and determines that these ethical requirements should be expanded, embodied
in ordinance form and also extended to cover volunteer members of City boards,
commissions and committees; and
WHEREAS, the following ordinance provisions will accomplish this important
public purpose, and will further the health, safety and welfare of the citizens of
Richland Hills.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
• I.
That Chapter 1 "GENERAL PROVISIONS" of the Code of Ordinances of the City
of Richland Hills, Texas, as amended, be hereby amended by the addition thereto of a
new Section 11 "ETHICS", which new section shall hereafter be and read as follows:
SECTION 11 "ETHICS"
(A) No officer, or the direct relation of an officer, shall benefit unduly by
reason of holding the officer's city office or position.
(B) No officer, or a direct relation of an officer, having direct or indirect
interest in any proposed or existing contract, purchase, work, sale or
service to or by the City shall vote or render a decision, or use the
officer's position, authority or influence in a manner that would result in
the officer's financial betterment to any degree. Further, any elected
officer shall publicly disclose any such interest upon assumption of office
or prior to consideration of any such matters. This provision is cumulative
of all other applicable laws in force with regard to elected officers.
(C) Failure to comply with any provisions of this section shall constitute
malfeasance in office and any officer or employee failing to so comply
shall immediately be suspended with pay (if' the position the officer or
employee holds is a paid position), pending the outcome of an investigation
of the charges. Within five (5) days of said suspension the officer or
employee shall receive written notice detailing the specific charges
ORDINANCE NO. PAGE 1
brought against the officer. A public hearing will be held within fifteen
(15) days after the written notice to determine whether the charges are
well founded and whether said officer or employee shall be reinstated or
shall be terminated and the position declared vacant.
(D) Any violation of this section with knowledge, express or implied, of
persons or corporations contracting with the City shall render said
contract voidable by the City Council.
(E) Definitions. For the purposes of this section, the word "officer" shall be
defined as any elected or appointed officer, employee of the City, or
member of any advisory board, committee or commission of the City. The
term "direct relation" shall include any person related to the officer or
employee within the first degree by blood or marriage, and shall include a
brother, brother-in-law, sister, or sister-in-law.
II.
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or 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 invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
• III.
Saving Clause. That Chapter 1 of the Code of Ordinances, City of Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
IV.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Richland Hills City Charter and the
laws of the State of Texas.
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of
the Richland Hills City Council on the 28th day of July 1998, by a vote
of ayes, 0 nays, and ~ abstentions.
°~~tie1~~~~
° !~Q ,~,~°''>,APPROVED:
~s
;a ~
~ f~, ~ -
~ C. F. Kelley, Mayor
ATTEST: 3 ~ ~ ~`'~~~r :~''o:
~
n._ ~ ~
~ r~ at~~
!D , 5
~ ~
Ter i Willis, ~ity ecre ary
nR11TNANf F. NCl 840-98 PAC;F 2
~:w
AP D'~~ TO F ND LEGALITY:
mes A Cribbs, City Attorney
rhlib436/071398
•
ORDINANCE NO. 840-98 PAGE 3
CHARTER § 17.16
Sec. 17.12. Nepotism. Sec. 17.14. Political and religious discrimi-
nation.
No person related within the second degree by
affinity or within the third degree by consanguin- No person in the service of the City or seeking
ity to the Mayor, or member of the Council or the admission thereto shall be employed, promoted,
City Manager shall be appointed to any paid demoted, discharged or in any way favored or
office, position, clerkship or other service of the discriminated against because of political opin-
City. This prohibition shall not apply, however, to ions or affiliations or because of race or religious
any person who shall have been employed by the beliefs, provided that such opinions, affiliations or
City at least one year prior to the time of the beliefs do not advocate the overthrow of the
election of the Mayor or Councilmember, or the government of the United States of America by
appointment of the City Manager. force or violence.
Sec. 17.13. Ethics. Sec. 17.15. Political activity.
(1) No elected or appointed officer or employee (1) No appointed or hired employee on the
of the City shall benefit unduly by reason of payroll of the City shall make a contribution to
his/her holding public office. the campaign fund of any person seeking election
to a City office or to any political party supporting
(2) No officer or employee having a direct or a candidate for election to a City office, nor shall
indirect interest in any proposed or existing con- he/she be solicited for this purpose; nor shall
tract, purchase, work, sale or service to or by the he/she take active part in any political campaign
City shall vote or render a decision, or use his/her relating to an election to a City office.
position, authority or influence in a manner that (2) No person seeking appointment to or pro-
would result in his/her financial betterment to motion in the administrative service of the City
any degree. Further, any elected officer shall shall either directly or indirectly give, render or
publicly disclose any such interest upon assump- pay any money, service or other valuable thing to
tion of office or prior to consideration of any such any person for or on account of or in connection
matters. This provision is cumulative to all other with his/her appointment or promotion or any
applicable laws in regard to elected officers. examination conducted therefor.
(3) Failure to comply with any provisions of (3) Any person who either by himself/herself,
the foregoing Section 17.13 (1) or 17.13 (2) shall or with others, willfully violates any provision of
constitute malfeasance in office and any officer or the foregoing Sections 17.15 (1) or 17.15 (2) shall
employee failing to so comply shall immediately be ineligible for appointment or election to a
be suspended with pay, pending an outcome of an position in the City for a period of four (4) years,
investigation of the charges. Within five (5) days and if he/she is an officer or employee of the City
of said suspension the officer or employee shall at the time of such violation he/she shall immedi-
receive written notice detailing the specific charges ately forfeit the office or position he/she holds.
brought against him. A Public Hearing will be
held within fif$een (15) days after the written Sec. 17.16. Building permits.
notice to determine whether the charges are well
founded and whether said officer or employee The City of Richland Hills shall have power to
shall be reinstated or shall be terminated and the prohibit the erection or construction of any build-
position declared vacant. ing or structure of any kind within the City of
Richland Hills without a permit first having been
(4) Any violation of the foregoing Sections 17.13 issued by the City for the construction or erection
(1) or 17.13 (2) with the knowledge, express or of such building or structure, and may authorize a
implied, or persons or corporations contracting fee to be charged for such permit, and in pursu-
with the City shall render the contract voidable ante of said authority may authorize the inspec-
by the Council. tion by the City of all buildings or structures
CHT:23
§ 17.16 RICHLAND HILLS CODE
during the progress of their construction and may plural shall include the singular. Words used in
require that all buildings shall be constructed in the masculine gender shall include the feminine
conformity with the building code which exists in also, unless by reasonable construction, it ap-
said City or shall hereafter be passed. pears that such was not the intention of this
Charter.
Sec. 17.17. Pools, ponds and lakes.
The City of Richland Hills shall have power to Sec. 17.22. Rearrangement and renumber-
control or prohibit the construction of pools, ponds, ing.
or lakes, receiving water from a recognizable The Council shall have the power, by ordi-
stream, creek, branch or natural drainage. The nance, to renumber and rearrange all articles,
City may control location, construction, height of sections and paragraphs of the Charter or any
structure, depth and size of body of water to be amendments thereto, as it shall deem appropri-
impounded. No pool, pond or lake, receiving water ate, and upon passage of any such ordinance, a
from recognizable stream, creek, branch or natu- copy thereof certified by the City Secretary shall
ral drainage, shall be constructed without first be forwarded to Secretary of State for filing.
obtaining a permit issued by the City.
Sec. 17.18. Bonds of city officials, employ- ARTICLE XVIII. SAVINGS CLAUSE, ETC.
ees or department directors.
In addition to any bonding provision herein Sec. 18.01. Savings clause, etc.
provided, the Council may require any City offs- All powers granted heretofore to cities are
cial, department director or City employee, before hereby preserved. In case of any irreconcilable
entering upon his duties, to execute a good and conflict between the provisions of this Charter
sufficient bond with a surety company doing busi- and any superior law, the powers of the City and
ness in the State of Texas and approved by the its officers shall be as defined in such superior
Council, as surety thereon, said bond to be in such laws. Incase any insufficiency or omission maybe
amounts as the Council may demand, payable to supplied by reference to the general laws, such
the City of Richland Hills, and conditioned for the provisions of the general laws are hereby adopted,
faithful performance of the duties of his/her office; and the City shall have and exercise all of the
premium of such bond to be paid by the City. powers that it could have acquired by expressly
adopting and incorporating into this Charter all
Sec. 17.19. Bonds of contractors. of the provisions of such superior and general
laws; it being the intent of this Charter that no
The governing body of the City of Richland lawful power of the City shall fall because of any
Hills shall require good and sufficient bonds of all omission, insufficiency or invalidity of any portion
contractors, with a good corporate surety thereon, or portions of this Charter, the same shall not in
acceptable to the governing body of the City of any way affect the remainder of the Charter, but
Richland Hills. shall be construed as if adopted with such portion
and/or portions so found invalid or impotent.
Sec. 17.20. Amendment of Charter.
This Charter may be amended no more than ARTICLE XIX. VOTE ON PROPOSED
once every two (2) years as provided by the laws of
the State of Texas. CIIARTER
State law reference-Amendment of Charter, Texas Const.
art. 11, § 5, V.T.C. A., Local Government Code § 9.001 et seq. SeC. 19.01. Vote on proposed changes.
Sec. 17.21. Construction of the Charter. (1) This Charter shall be submitted to the
qualified voters of the City for adoption or rejec-
In wording of this Charter, the use of the tion on August 9, 1986, at which election if a
singular number shall include the plural, and the majority of the qualified voters voting in such
CHT:24