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HomeMy Public PortalAboutOrdinance No. 1138-09 01-27-2009 CITY OF RICHLAND HILLS ORDINANCE N0.1138-09 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS ADOPTING A POLICY ON SPONSORSHIP, GIFTS, DONATIONS AND ADVOCACY; 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 Richland Hills 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 WI~REAS, certain programs planned and implemented by the City Manager, City Council and various city departrnents to benefit the public can best occur through private donations and I: sponsorships; and WHEREAS, certain individuals, organizations, businesses or other third parties may have an interest in providing a gift, donation, or sponsorship to the city that would allow city sponsored programs or plans to be realized, and II I VVI~REAS, certain businesses from time to time may seek assistance in the form of advocacy or sponsorship from the City Manager, City Council, Mayor or various city departments to further their particular business and/or operational objectives within the City of Richland Hills; and WHEREAS, it is the responsibility of every elected and appointed official and every employee of the city to preserve and maintain the highest level of integrity and honesty in the performance of their duties and responsibilities on behalf of the citizens of Richland Hills; and WHEREAS, it is in the best interests of the City Manager, City Council, the Mayor and the citizens of Richland Hills to set policies that control the conditions under which: 1. Donations, sponsorships or gifts maybe solicited and/or accepted on behalf of the city from any third parry by the City Council, the Mayor, the City Manager, members of Boards and Commissions or city employees; and, 2. Sponsorship or Advocacy of a business or third party may be provided by the city to further the business or other interests of such third parties within the City of Richland Hills where such advocacy would be in the best interests of the city and its citizens. WHEREAS, it is not enough just to avoid wrongdoing, officials and employees must avoid even the perception of wrongdoing so as to assure that citizens continue to have the highest level of trust and confidence in their city government; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. Section 2-130 of Article IV of Chapter 2 of the Richland Hills City Code is hereby adopted and shall provide as follows: Section 2-130 Policy on Sponsorship, g'ts, donations and advocacy. a. Scope. This policy applies to any Council Member, the Mayor, City Manager, other City Officer, any member of a board, committee or commission, and any city employee who on behalf of the City of Richland Hills seeks to: 1. Solicit or accept donations, sponsorships or gifts from any third party; or, 2. Sponsor or advocate on behalf of a business or third party to further the business or other interests of such third parties within the City of Richland Hills. b. Purpose and objective. The plimarypurpose and objective ofthis policy is to provide guidelines and regulate members of Council, the Mayor, officials ofboards and committees, the City Manager, other City officers, and employees throughout the City of Richland Hills who seek either to: 1. solicit or accept donations, gifts and/or sponsorship commitments from third parties in connection with acity-sponsored program or event; or 2. act on behalf of a business, organization or other third party to further that party's interests within the City of Richland Hills. c. Defintions. "Advertise" and any of its variants and "Advertising Display" mean the depiction or presentation on a sign, personal property, bench, vehicle, fixed device or structure of anyname, word, statement, message, drawing, picture, painting, mark, motto, symbol or figure for the purpose of calling attention to a business, trade, organization or activity and/or inducing directly or indirectly, the purchase or use of any specific item of commerce or trade. ORDINANCE ADOPTING POLICY ON SPONSORSHIPS, GIFTS, DONATIONS AND ADVOCACY Page Z w:\Richland Hills\Ordinancel0rdinance adopting Policy on Sponsorships and Advocacy.tgs.1.26.09.wpd "Advocate" or "advocacy" and any of its variants means any actions by the City, or a City Department, or a member of the City Council, or the Mayor or any other City Officer to assist a business, organization, or other such third party in promoting their particular interests to the citizens of Richland Hills or businesses within Richland Hills, or both. "Sponsor" or "sponsorship" and any of its variants in the context of this policy means the promotion of or advocacy of a particular business, individual, service, or other third parry interest by the City, or a City Department, or a member of the City Council, or the Mayor or any other City Officer. d. Solicitation of gifts and donations. No city employee, member of Council, the Mayor, other City Officer, or appointed official may solicit donations or gifts on behalf of the City without the prior approval of the City Council. No city employee, member of Council, the Mayor, other City Officer, or appointed official, shall solicit any individual, business, organization or other third party for a gift or donation if that individual, business, organization or third party either: (1) is a current or approved future vendor, contractor, subcontractor or other such individual, business, organization or third party that either has an existing business relationship with the city under which it provides goods or perform services to the city or on behalf of the city; (2) has pending any bid or proposal to provide goods or perform services to the city or on behalf of the city; or (3) such individual, business, organization or third party has pending an application for relief, or is negotiating any terms or conditions with the City Manager, City Council, any city board, commission or committee, any city department, or a city employee acting in such employee's official capacity. e. Acceptance of gifts and donations. No city employee, the Mayor, any member of the City Council, any member of any city board, commission or committee, other city officer or appointed official may accept any donations or gifts with a cumulative monetary value over one thousand dollars ($1,000.00) on behalf of the city without the prior approval of the City Council, provided, however, that the City Council may approve the acceptance of donations or gifts in advance by category, type, or general description. As a matter of policy, the City Council should not accept a gift or donation of any value (including money, service or other thing of value) from any individual, business, organization or other third parry if that individual, business, organization or third party either: (1) is a current or approved future vendor, contractor, ORDINANCE ADOPTING POLICY ON SPONSORSHIPS, GIFTS, DONATIONS AND ADVOCACY Page 3 W:\Richland Hills\Ordinance\Ordinance adopting Policy on Sponsorships and Advocacy.tgs.1.26.09.wpd subcontractor or other such individual, business, organization or third party that either has an existing business relationship with the city under which it provides goods or perform services to the city or on behalf of the city; (2) has pending any bid or proposal to provide goods or perform services to the city or on behalf of the city; or (3) such individual, business, organization or third party has pending an application for relief, or is negotiating any terms or conditions with the City Manager, City Council, any city board, commission or committee, any city department, or a city employee acting in such employee's official capacity. f. Sponsoring or advocating of or for a person, business or organization. No city employee, member of Council, the Mayor, other City Officer or any appointed official may sponsor or advocate for any business, organization, or other third party without the advance approval of the City Council The city shall not allow, permit or accept any sponsorship or advocacy for any individual, business, organization or other third party if that individual, business, organization or third party either: (1) is a current or approved future vendor, contractor, subcontractor or other such individual, business, organization or third party that either has an existing business relationship with the city under which it provides goods or perform services to the city or on behalf of the city; (2) has pending any bid or proposal to provide goods or perform services to the city or on behalf of the city; or (3) such individual, business, organization or third party has pending an application for relief, or is negotiating any terms or conditions with the City Manager, City Council, any city board, commission or committee, any city department, or a city employee acting in such employee's official capacity. No sponsorship, or advocacy shall be inconsistent with the values of the City of Richland Hills or contain any reference to or depiction of any of the following: 1. Any sexually-explicit depiction of a body or any anatomical area; 2. Any obscene acts, gestures or words; 3. Any sale or use of alcohol, tobacco, or illegal drugs or paraphernalia; 4. Any illegal act; 5. Any political message or candidacy; or 6. Any particular religious viewpoint. ORDINANCE ADOPTING POLICY ON SPONSORSHIPS, GIFTS, DONATIONS AND ADVOCACY Page 4 W:\Richland Hills\Ordinancel0rdinance adopting Policy on Sponsorships and Advocacy.tgs.1.26.09.wpd Neither the name nor logo of the City of Richland Hills, nor the logo of any City department may be reproduced or distributed in any manner which in any way can be used to impersonate a city official, safety officer or employee or to suggest a sponsorship by or affiliation with the City of any person, business, organization or entity, unless such sponsorship or affiliation is expressly approved by the City Council. No third party recognition or advocacy or advertisement or logo shall be permitted on uniforms worn by City of Richland Hills employees, fleet or emergency vehicles. No contract, permit, license or agreement shall be approved which creates a sponsorship or advocacy giving the appeazance or impression that any third party product or service is endorsed or recommended by the City by any of its agencies, departments, officers, employees or the City Council, Mayor or any City Boards or Committees, unless such sponsorship or affiliation is expressly approved by the City Council. g.. Affirmative defense. The City Secretary or other person designated by the City Manager shall keep and maintain a list of current or approved future vendors, contractors, subcontractors and other individuals, businesses, organizations and third parties that either have an existing business relationship with the city or which provide or seek to provide goods or perform services to the city or on behalf of the city, and it shall be an affirmative defense to an alleged violation of this section that the person soliciting such gift or donation had no actual knowledge of such relationship and that such person inquired of the City Secretary or other person designated by the City Manager regarding the existence of such relationship, and was not informed of the existence of such relationship. ' h. Responsibilities and Duties. The City Council shall consider whether to approve any requests for advocacy or sponsorship by the city or by a City Officer, including the Mayor, members of Council and the City Manager in writing and in advance. In order for any such sponsorship or advocacy to be approved, it must comply with local, state and federal law, and reviewed by the City Attorney's Office prior to presentation to Council for approval. i. Exceptions. ORDINANCE ADOPTING POLICY ON SPONSORSHIPS, GIFTS, DONATIONS AND ADVOCACY Page 5 W:\Richland Hilts\Ordinancel0rdinance adopting Policy on Sponsorships and Advocacy.tgs.1.26.09.wpd This policy does not apply to any of the following: 1. political campaign contributions; 2. meals, token gifts or other such items which are permitted under the City's personnel policies and procedures. SECTION 2. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, 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 aze hereby repealed. SECTION 3. PROVISIONS SEVERABLE 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 or section. SECTION 4. PUBLICATION The City Secretary of the City of Richland Hills is hereby directed to publish this ordinance to the extent required by law. I SECTION 5. I, EFFECTIVE DATE ~ This ordinance shall be in full force and effect from and after its passage and publication as I' required bylaw, and it Is so ordained. ~~""111111 II' r9c~SED AND APPROVED ON THIS AY OF 2009. ,•~~`~Q,~CFIL~l~p , v ~ m = HONORABLE DA L. RAGAN, MAYOR •AD~$'ING POLICY ON SPONSORS S, GIFTS, DONATIONS AND ADVOCACY Page 6 ~''i ~V`.1R9 laird Hills\C}tilinance\~rdinance adopting Policy on Sponsorships and Advocacy.tgs.1.26.09.wpd / / / ~ ~ ~ ~ ~ I I 111.1 I 11111 ` \ \ \ is ATTEST: LINDA CANTU, CITY SECRETARY EFFECTIVE: ` ~ d,0 ~ 1 APP OVED T FORM AND LEGALITY: TIM G. SRALLA, ATTORNEY ORDINANCE ADOPTING POLICY ON SPONSORSffiPS, GIFTS, DONATIONS AND ADVOCACY Page 7 W:\Richland Hills\Ordinance\Ordinance adopting Policy on Sponsorships and Advocacy.tgs.1.26.09.wpd