HomeMy Public PortalAboutOrdinance No. 1139-09 01-27-2009 CITY OF RICHLAND HILLS ORDINANCE N0.1139-09
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
ADOPTING AN AMENDED CODE OF ETHICS; PROVIDING FOR
ENFORCEMENT AND RIGHTS OF APPEAL; 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.
WI~REAS, 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, the City has previously adopted a Code of Ethics governing the conduct of
officers of the City; and
WI~REAS, the City Council has determined that the existing City Code of Ethics is
insufficiently specific and insufficiently broad to promote good governance and provide ethical
guidance to City officials and employees; and
WHEREAS, the City Council now wishes to adopt a more comprehensive Code of Ethics ~I
to guide and govern the conduct of City officials and employees and to provide for a method of i
determining whether a violation has occurred, and to provide for enforcement mechanisms,
including a right of appeal;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
Article IV of Chapter 2 of the Richland Hills City Code Is hereby amended by the addition
of the following sections, to provide as follows:
CODE OF ETHICS
Section 2-121 Declaration of Ethical Policy.
a. It is the policy of the City that the proper operation of democratic government
requires that public officials be independent, impartial and responsible to the people;
that governmental decisions and policy be made in proper channels of the
governmental structure; that public office not be used for personal gain; and that the
public have confidence in the integrity of its government. In recognition of these
goals, a code of ethics for all City officials is adopted.
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b. This code of ethics has five (5) purposes:
1. To encourage the public service by Richland Hills citizens;
2. To encourage high ethical standazds in official conduct by City
officials;
3. To establish guidelines for ethical standards of conduct for all such
officials by setting forth those acts or actions which aze incompatible
with the best interests of the City;
4. To require disclosure by such officials of private financial or other
interests in matters affecting the City; and
5. To serve as a basis for disciplining those who fail to abide by its
terms.
c. The provisions of this article shall not apply to contributions, loans,
expenditures or reports, any of which are made for lawful political purposes.
d. This Code of Ethics is not intended to be nor shall it be used as a political
weapon to intimidate or embarrass persons affected.
e. When a City Official's participation in a matter would conflict with the
Official's obligations under this Chapter, the elected City official shall refrain from
the deliberations on the matter the Council and abstain from voting.
Section 2-122 Definitions.
For the purposes of this Article:
"Affected" means reasonably likely to be subject to a direct economic effect or
consequence, either positive or negative, as a result of the vote or decision in
question in the case of a person, entity or property.
"City" means the City of Richland Hills, Texas.
"City employee" or "employee" means City Manager, Deputy City Manager, City
Attorney and all department heads.
"City official" or "official" means any of the following:
The Mayor
Members of the City Council
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Members of any permanent or temporary City board, commission or
committee created before or after the passage of this Article, including but
not limited to the following:
Animal Shelter Advisory Board
Zoning Board of Adjustment
Building Materials Advisory Board
Community Redevelopment Advisory Board
Crime Prevention Advisory Board
Board of Directors of the Richland Hills Development Corporation
Economic Development Advisory Board
Keep Richland Hills Beautiful Committee
Library Advisory Board
Parks and Beautification Advisory Board
Planning and Zoning Commission
Public Transportation Advisory Board
Richland Hills Rocks Planning Committee
Teen Court Advisory Board
"Clear and convincing evidence" means that measure or degree of proof that
produces in a person's mind a firm belief or conviction as to the truth of the
allegations sought to be established.
"Conflict of interest" means action upon any matter which would constitute a
violation of this Article, as amended, the Texas Penal Code, as amended, or Texas
Local Government Code Chapter 171, as amended.
"Decision" means any ordinance, resolution, contract, franchise, formal action or
other matter voted on by the City Council or other permanent or temporary City
board, commission, or committee, the final definition of any City official as defined
herein, as well as the discussions or deliberations of the City Council, or other
permanent or temporary City board, commission, or committee, which could or may
lead to a vote or formal action by that body.
"Discretionary authority" means the power to exercise any judgment in a decision
or action.
"Entity" means a sole proprietorship, partnership, limited partnership, firm,
corporation, professional corporation, holding company, joint stock company, j oint
venture, receivership, trust or any other entity recognized by law through which
business may be conducted.
"Commission"means the Ethics Review Commission created under this Article.
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"Immediate family member" means the spouse, parent, parent-in-law, brother,
brother-in-law, sister, sister-in-law, child, son-in-law or daughter-in-law or other
person living in the same residential dwelling unit of the City official or who is
related to the City official in the first degree of affinity or consanguinity.
"Ministerial act" means an act performed in a prescribed manner and not requiring
the exercise of any judgment or discretion.
"Person" means an individual, as well as anyproprietorship,partnership, corporation,
association or other entity, as defined in this section.
"Substantial interest" means:
a. A person has a substantial interest in a business entity if: ~
1. The person owns ten percent (10%) or more of the voting stock or
shares of the business entity or owns either ten percent (10%) or more
or Fifteen Thousand and No/ 100 Dollars ($15,000.00) or more of the
fair market value of the business entity; or
2. Funds received by the person from the business entity exceed ten
percent (10%) of the person's gross income for either the current or
previous year; or
3. The person is an employee, partner, associate, or affiliate of the
business entity.
b. A person has a substantial interest in real property if the person owns either
an equitable or legal ownership with a fair market value of Two Thousand
Five Hundred Dollars and no cents ($2,500.00) or more.
Section 2-123 Standards of Conduct Subject to Ethics Commission
Review.
a. No City official shall appear before the body of which the official is a
member as an advocate for any other person, group or entity.
b. No City official shall represent any other person, group or entity before any
body on which such City official may be a member.
c. No City official shall interfere with the City Manager's administrative duties
of supervison, appointment to and removal of persons from employment with the
City nor issue private directives to City staffto perform any work or take any action
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other than to perform such research or investigation as deemed appropriate to assist
the City official in the performance of the City official's duties.
d. No City official shall represent, directly or indirectly, any other person, group
or entity in any action or proceeding against the interests of the City, or in any
litigation in which the City or any department, commission, board or committee
thereof is a party, provided, however, that this provision shall not prohibit any City
official from exercising their own legal interests against the City.
e. No City official shall represent, directly or indirectly, any person, group or
entity in any action or proceeding in the municipal courts of the City, provided,
however, that this provislon shall not prohibit any City official from exercising their
own legal interests in the municipal courts of the City.
f. 1. No City official shall solicit or accept other employment to be
performed or compensation to be received while still a City official, if the
employment or compensation could reasonably be expected to impair
independence in judgment or performance of City duties.
2. If a City official accepts or is soliciting a promise of future
employment from any person or entity who has a substantial interest in a
person, entity or property which would be affected by any decision upon
which the official might reasonably be expected to act, investigate, advise or
make a recommendation, the official shall disclose that fact to the Council,
board or commission on which such City official serves and shall take no
fixrther action on matters regarding the potential future employer.
g. No City official shall accept remuneration, directly or indirectly, for
campaign work relating to another individual's candidacy for and election to Mayor,
City Council or other elected office of the City if such campaign work is performed
within twelve (12) months of the election for which such candidate is standing, nor
shall a City official accept remuneration, directly or indirectly, for campaign work ~
relating to relating to an election campaign on any item placed on the ballot by the
City Council, if such campaign work is performed within twelve (12) months of the
election on such item, and if the City official served on the body which exercised
authority in the development of the ballot item and participated in the discussion or
voted on the item.
h. A City official may not participate in a vote or decision on any zoning matter
which may appear before the body of which the City official is a member if the City
official has a substantial interest in any real property within two hundred feet (200')
of the property which is the subject of the zoning request.
i. A City official who serves as a corporate officer or member of the board of
directors of a nonprofit entity may not participate in a vote or decision regarding
funding by or through the City for such entity, if such official receives any fee,
compensation or other monetary payment from the entity, unless the City Council
appointed such City official to the board of directors or such corporate office.
j. A City official shall not disclose any confidential government information
gained by reason of the City official's position. This rule does not prohibit:
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1. any disclosure of information that is no longer confidential
government information;
2. the confidential reporting of illegal or unethical conduct to authorities
designated bylaw; or
3. any disclosure, not otherwise prohibited by law, in furtherance of
public safety after first conferring with the City Attorney about any
potential liability exposure.
k. No member of the City Council, Planning and Zoning Commission, Zoning
Board of Adjustment, or other non-advisory City board, commission or committee
shall deliberate or vote on any matter which may appear before such Council, boazd,
commission or committee if such member has a substantial interest in the applicant,
a business entity that provides funding or financing to the applicant, or a business
entity that receives funding or financing from the applicant, or if the member has an
ownership interest in property affected by the vote or decision.
1. A City official who has a substantial interest in, or who serves as a corporate
officer or member of the board of directors of a business entity may not parncipate
in a vote or decision regarding any transactions between the City and such entity, or
any related business entity.
Section 2-124 Additional Ethical Standards. I~
a. A City official may not participate in a vote or decision on a matter in which
the official has a conflict of interest as defined by Chapter 171, Texas Local ~
Govermnent Code, entitled "Regulation of Conflicts of Interest of Officers of
Municipalities, Counties, and Certain Other Local Governments", as amended, or
other applicable law. A City official shall review the agenda to determine if there
aze any matters in which the official has a conflict of interest prior to each meeting
of the body to which the City official is a member. If, upon review of the agenda,
it is determined that the City official has a conflict of interest, the official shall file
an affidavit as required by Texas Local Government Code, Chapter 171, and abstain
from participation in the discussion and vote on the matter.
b. No City official shall violate Chapter 37 (Perjury and Other Falsification) of
the Texas Penal Code. Nor shall a City official solicit, encourage, direct, aid or
attempt to aid another person to commit a violation of Chapter 37 of the Texas Penal
Code.
c. No City official shall use the official's position to secure confidential
information for any purpose other than official responsibilities. See Section 39.06,
Texas Penal Code, Misuse of Official Information.
d. No City official shall use City facilities, personnel, equipment or supplies for
private purposes, except to the extent such are customary, incidental or lawfizlly
available to the public. (See Texas Penal Code Section 39.02, as amended, "Abuse
of Official Capacity.")
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e. No City official shall accept or solicit any gift or favor that would tend to
influence that individual in the discharge of official duties or that the official knows
has been offered with the intent to influence or reward official conduct. (See Texas
Penal Code Section 36.02, "Bribery.")
Section 2-125 Disclosure of Conflict of Interest.
a. A City official shall disclose the existence of any conflict of interest the
official has as defined by Chapter 171, Texas Local Government Code, entitled
"Regulation of Conflicts of Interest of Officers of Municipalities, Counties, and
Certain Other Local Governments", as amended, or other applicable law.
b. To comply with this section, a Council member or City official, prior to the
vote or decision, either shall file an affidavit as required by law, or if not so required
by law, shall publicly disclose in the official records of the body the nature and
extent of such interest.
c. Where the interest of a City official in the subject matter of a vote or decision
is remote or incidental, the City official may participate in the vote or decision and
need not disclose the interest.
1. "Remote interest" means an interest of a person or entity, including
a City official, who would be affected in the same way as the general
public. The interest of a Council member in the property tax rate, i
general City fees, City utility charges, the terms of the City's
comprehensive zoning ordinance, and similar decisions are deemed
incidental.
2. "Incidental interest" means an interest in a person, entity or property
which is not a substantial interest and which has insignificant value,
or which would be affected only in a de minimis fashion by a
decision. This article does not establish dollar limits on the terms
"insignificant value" and "de minimis," which shall have their usual
meanings and be subject to interpretation on a case by case basis.
d. Nothing in this article shall prohibit the City Council from participating in
a vote or decision relating to salaries, terms of office, compensation, or travel
budgets of City Council members.
Section 2-126 Substantial Interest.
a. A conflict of interest of an immediate family member of a City official shall
be deemed to apply to that official for the purposes of this Article concerning
disclosure and recusal or reassignment.
b. A City official subject to Texas Local Government Code, Chapter 171, may
not participate in a vote or decision affecting a business or property in which such
official has a substantial interest.
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Section 2-127 Disclosure of Interests Regarding Land Use Changes.
a. Anyperson seeking City Council, Zoning Board ofAdjustment, Planning and
Zoning Commission, or other City board or commission having legislative or
adjudicative authority consideration or action concerning any application for
rezoning, plat approval, certificates of appropriateness, certificates of demolition or
relocation, special exception, variance or other legal relief shall file a disclosure
statement with the City.
1. Said statement shall be filed with and at the time of filing of such
application.
2. The applicant shall specifically name any member of the above-
referenced bodies or City employee believed by the applicant or
owner to have a conflict of interest in the matter or the property
which is the subject of consideration or action. The applicant shall
further state all information upon which he bases the belief that a
conflict of interest exists, provided, however, that the applicant is not
required to report an interest in property owned by any City official
or City employee located within two hundred feet (200') of the
property that is the subject of consideration or action.
b. The applicant and the owner shall both file statements in those cases where
the applicant does not own the property which is the subject of consideration or
action.
Section 2-128 Ethics Review Commission.
I
a. There shall be created an Ethics Review Commission. The Commission shall
have the duty and power, unless otherwise provided, to rule upon the appropriate
disposition of allegations of violations of this Article.
b. Members.
1. The City Council shall appoint a chairperson and five (5) other i
members to the Commission, designated as Places One through Five,
corresponding to each seat on the City Council. The chairperson
shall be considered a member of the Commission, but shall vote only
in the event of a tie.
2. The Mayor shall nominate the chairperson and each member of the
City Council shall nominate the member of the Commission
corresponding to such Councilmember's seat. Each nomination must
be confirmed by maj ority vote of the City Council. The City Council
should appoint as members of the Commission persons of high
integrity commensurate with the spirit of this Code of Ethics.
3. Unless removed as provided herein, Commission members shall be
appointed to staggered terms corresponding to the terms of the
member of the City Council making such appointment.
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4. AlI members shall be residents of the City. No member shall be an
employee of the City, hold any City elected office, be a candidate for
any such office or hold any City appointed office. Upon the
occurrence of any such event, the member will immediately forfeit
the member's office and shall not hold .over until a successor is
named.
5. Members of the Commission serve at the pleasure of the City Council
and maybe removed by a majority vote of the Council at any time
with or without cause.
c. Quorum; Meetings; Rules.
1. Three or more members of the Commission shall constitute a
quorum.
2. Every meeting or hearing of the Commission shall be held in
accordance with Chapter 551 of the Texas Government Code.
3. The Commission may adopt, amend and rescind rules of procedure
to carry out the provisions of this Article. Such rules shall be
consistent with this Article and other applicable law, provided that
the Commission need not follow formal rules of evidence at such
hearing.
d. Duties. The Commission shall have the following duties:
1. To meet as often as necessary to fulfill its responsibilities;
2. To review, index, maintain on file, and dispose of sworn complaints;
3. To make findings of fact as necessary for the disposition of a
complaint;
4. To make notifications, extend deadlines, and conduct investigations;
and
5. Such other duties as are specifically granted by this Article.
e. Staffing.
1. The Commission may request from the City Manager the
appointment of such staff as is necessary to carry out the duties of the
Commission.
2. The Commission may be assigned staff by the City Attorney to assist
in its duties.
3. When complaints are filed against a City official other than a City
Council member, independent legal counsel maybe utilized at the
discretion of the City Attorney to advise the Commission and
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participate in hearings. When a complaint is filed against a City
Councll member, the City Attorney shall engage independent legal
counsel to advise the Commission, unless the City Attomey
determines there are no reasonable grounds to believe that a violation
of this Article has occurred.
4. A City official may request an opinion from the City Attorney
regarding the meaning or effect of any section, word or requirement
of this Article as it affects such official, and the City Attorney's
Office shall thereupon confer with the City official, and provide a
copy of such opinion to the City Manager.
Section 2-129 Disposition of Alleged Violations; Hearings.
a. Complaint procedure.
1. Any resident of the City who believes there has been a violation of this
Article may file a sworn complaint, under the penalty of perjury, with the
City Secretary.
2. The complaint shall:
(a) Identify the person or persons who allegedly committed the violation;
(b) Provide a sufficient statement of the facts which if true would
constitute a prima facie violation of this Article;
(c) Specify the subsection or specific provision which is alleged to have
been violated;
(d) Identify sources of evidence, if any, that the complainant
recommends should be considered by the Commission; and
(e) Be filed on a form prescribed or approved by the City Attorney's
Office.
3. Not later than seven (7) working days after the City Secretary receives a
sworn complaint, the City Secretary shall acknowledge the receipt of the
complaint to the complainant and provide a copy of the complaint to the City
Attomey, the Ethics Review Commisslon, the City Council and the person
complained against.
b. Review of complaints by City Attorney.
1. Upon receipt of a complaint, the City Attorney shall review the complaint to
determine whether the complaint is sufficient as to form and whether the
complaint alleges sufficient facts which if true would constitute a prima facie
violation of this Article.
2. If the City Attorney determines that the complaint is defective as to form or
does not allege conduct which would violate this Article, the City Attorney
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shall notify the Commission, the complainant, the City Council and the
official against whom such complaint was filed of such defect within seven
(7) working days after receipt of the complaint from the City Secretary.
3. If the defect is not corrected by the filing of an amended complaint within
seven (7) working days after receipt by the complainant, the City Attorney
shall dismiss the complaint upon a finding by the City Attorney that the
complaint is insufficient and no further action shall be taken by the
Commission.
c. Preliminary hearing. Upon a finding by the City Attorney that a prima facie
violation has been alleged, the complaint shall be deemed a formally lodged
complaint and the Commission shall schedule a preliminary hearing to be held within
twenty (20) working days. The preliminary hearing will be governed by the
following provisions:
1. The Commission shall preside over preliminary hearings.
2. The issue at a preliminary hearing shall be the existence of reasonable
grounds to believe that a violation of this Article has occurred.
3. The person filing a complaint shall state the alleged violation and shall
describe in narrative form the testimony and other evidence which would be
presented to prove the alleged violation as stated in the written complaint.
4. Statements at a preliminary hearing shall be under oath, but there shall be no
cross-examination or requests for attendance of persons or presentation of
evidence issued for the hearing.
5. The official against whom the complaint was filed may describe in narrative
form the testimony and other evidence which would be presented to disprove
the alleged violation.
6. Members of the Commission may question the complainant, complainant's
designated representative, legal counsel for the Commission and the City
official named in the complaint in order to make the determinations
necessary for the preliminary hearing.
7. The City official named in the complaint shall have the opportunity to
respond but is not required to attend or make any statement.
8. The complainant and the City official named in the complaint shall have the
right of representation by counsel, the costs of which shall be borne by the
person to be represented.
9. At the conclusion of the preliminary hearing, the Commission shall decide
whether there are reasonable grounds to believe that a violation of this
Article has occurred a final hearing should be held. A determination by the
Commission that there aze reasonable grounds to believe that a violation of
this Article has occurred shall require the affirmative vote of a majority of
the Commission members who are present for the preliminary hearing. If a
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majority of the Commission members who are present for the preliminary
hearing do not so detemune, the complaint shall be dismissed with prejudice.
10. A decision to conduct a final hearing is not a finding that a violation has ~
occurred.
11. If the Commission does not determine that there are reasonable grounds to
believe that a violation of this Article has occurred, the Commission shall
immediately dismiss the complaint. The decision of the Commission to
dismiss the complaint shall be final and not subject to appeal.
d. Final hearing. If the Commission determines that there are reasonable
grounds to believe that a violation of this Article has occurred, the Commission shall
schedule a final hearing. The final hearing will be governed by the following
provisions:
1. The final hearing shall be held as expeditiously as possible following the
detemmnation by the Commission that there are reasonable grounds to
believe that a violation of this Article has occurred. The Commission may
grant two (2) postponements, not to exceed fifteen (15) days each, upon the
request of the City official named in the complaint, but in no event, shall it
beheld more than thirty (30) days after said determination. .
2. The issue at a final hearing shall be whether a violation of this Article has
occurred, which determination shall be made only upon a showing by clear
and convincing evidence, shall require and shall require the affirmative vote
of at least four members of the Commission. If at least four members of the
Commission do not so determine, the complaint shall be dismissed with
prejudice. If the Commission does not determine that a violation of this
Article has occurred, the Commission shall immediately dismiss the
complaint. The decision of the Commission to dismiss the complaint shall
be final and not subject to appeal.
3. The Commission sitting as a whole will preside over all final hearings.
4. All witnesses shall make their statements under oath.
5. If a complaint proceeds to a final hearing, the Commission may request
witnesses to attend and testify, administer oaths and affirmations, take
evidence and request the production of books, papers, records or other
evidence needed for the performance of the Comrrussion's duties or exercise
of its powers, including its duties and powers of investigation. The
complainant, any member of the Commission, legal counsel for the
Commission or the City official named in the complaint may ask the
Commission request certain persons and evidence for any final hearing.
7. If the Commission determines that a violation has occurred, it shall state its
findings in writing, shall identify the particular subsection(s) or specific
provisions of this Article which have been violated, and within seven (7)
calendar days shall deliver a copy of the findings to the complainant, if any,
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the person named in the complaint, the City Secretary and the City Attorney.
e. Appeal to City Council. If the Commission determines that a violation has
occurred, the person subject to the complaint may appeal such determination to the
City Council by filing an appeal in writing with the City Secretary setting forth the
basis for such appeal within fourteen (14) calendar days after the Commission has
rendered its decision at the final hearing. Any such appeal hearing will be governed
by the following provisions:
1. A hearing shall be scheduled before the City Council within 30 calendar
days, or as soon thereafter as the record is completed.
2. City Council review shall be limited to the record before the Commission,
and shall not be by a de novo evidentiary hearing. A transcript of the
proceedings as well as all documentationbefore the Ethics Commission shall
be forwazded to the City Council for its review.
3. On an appeal before the City Council, an affirmation of the Commission's
determination shall require a "Yes" vote by four (4) members of Council if
the Mayor or any City official or employee other than a member of the City
Council (excluding the Mayor) is the subject of the Commission's review.
In the event that a sitting member of City Council is the subject of review,
than the Mayor shall be permitted to vote and a "Yes" vote by four (4)
members of the City Council (including the Mayor for this purpose) shall be
required to affirm the Commission's determination. Failure to achieve the
necessary vote for affirmation of the Commission's determination that a
violation occurred will result in the complaint being dismissed.
f. Prohibition of ex parte communications. After a complaint has been filed
and during the pendency of a complaint before the Commission, neither any member
of the Commission, nor the City Council may communicate directly or indirectly
with the complainant, the affected City official or any representative thereof about
any issue of fact or law regarding the complaint, except at a meeting of the respective
body or through written statement or brief submitted to the Commission or City
Council, as the case maybe. A copy of any such written statement or brief shall be
promptly filed with the City Secretary and the City Attorney.
g. Right to legal representation relative to complaints brought under this Article.
A City official may employ a private attorney to represent such official
before the Ethics Commission and the City Council.
h. Reimbursement for legal expenses.
If a City official is found innocent of the alleged charges, the City shall
reimburse the reasonable legal fees and expenses incurred in defending such a
complaint upon a finding by the City Council that the public interest will be served.
The City Attorney shall make a determination as to what constitutes reasonable fees
and expenses for the representation of the complaint.
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i. Admission of Violation or Plea of No Contest.
1. On or before three (3) business days prior to the scheduled preliminary
hearing, a City official subj ect to an ethics complaint may file a waiver of the
hearing process and a written admission or written plea of "no contest" with
the City Secretary.
2. In such event, the City Secretary shall notify the Commission, which shall
then cancel the preliminary hearing and schedule a final hearing before the
Commission as expeditiously as possible, but in no event more than thirty
(30) calendar days after the filing of the admission and waiver.
3. At the hearing the City official may explain to the Commission any
extenuating circumstances relative to the ethics violation. If at the hearing,
the Commission determines that additional testimony is necessary for the
proper disposition of the matter, the Commission may take evidence as it
deems appropriate.
4. While the Commission shall consider the City official's explanation for the
violation, the Commission shall in its sole discretion render the sanction, if
any, that it deems appropriate.
j. Disposition.
If the Commission determines that a violation of this Article has occurred,
it shall deliver a copy of the findings to the complainant, if any, the person named
in the complaint, the City Secretary and the City Attorney.
k. Sanctions.
If the Commission determines that a violation of this Article has occurred,
it may announce its' intention to impose or recommend any or all of the following
sanctions:
1. Letter of Notification. A letter of notification shall be the appropriate
sanction when the violation is clearly unintentional, or when the City
official's conduct complained of was made in reasonable reliance on an
opinion of the City Attorney. A letter of notification shall advise the City
official to whom it is directed of any steps to be taken to avoid future
violations. In addition, if the Commission determines that notification to
other City officials may prevent future occurrences by others, the
Commission may inform any or all City officials covered by this Article of
any steps to be taken to avoid any such future violations.
2. Letter of Admonition. A letter of admonition shall be the appropriate
sanction in those cases in which the Commission finds that the violation is
minor and/or may have been unintentional, but calls for a more substantial
response than a letter of notification. The Commission may admonish any
City official covered by this Article.
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3. Reprimand. A reprimand shall be the appropriate sanction when the
Commission finds that a violation has been committed intentionally or
through reckless disregard of this Article.
4. Letter of Censure. A letter of censure shall be the appropriate sanction when
the Commission finds that a serious or repeated violation of this Article has
been committed intentionally or through reckless disregazd of this Article by
an elected City official.
5. Removal or Suspension from Office. To the extent allowed by the City
Charter, a recommendation of removal from office or, except in the case of
an elected City official, a recommendation of suspension from office, as well
as a recommendation for length of suspension, shall be the appropriate
sanction when the Commission finds that a serious or repeated violation of
this Article has been committed intentionally or through reckless disregard
of this Article, in addition to the issuance of a Letter of Censure. The final
authority to carry out such recommendations to remove from office or
suspend from office and the length of the suspension shall be with the City
Council
The Commission shall not impose any of the above-described sanctions until
the time period for an appeal to the City Council has expired. An appeal to the City
Council will stay any further proceedings before and any decision by the Ethics
Commission.
1. Reporting. I,
Upon conclusion of any final hearing, the Commission shall send a copy of '
its' findings, and the recommendation and/or the imposition of any sanction to the
Mayor, City Council, City Manager, City Secretary and the City Attorney.
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 are 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.
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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.
SECTION 5.
EFFECTIVE DATE
This ordinance shall be in full force and effect immediately after passage, and it is so
ordained.
PASSED AND APPROVED ON THIS AY OF 2009.
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O~ ~ HONO E D L. RAGAN, MAYOR
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• A ANTLT, CITY SECRETARY ,
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EFFECTIVE: ~ a..pD~
AP OVE AST FO LEGALITY:
TIM G. SRALLA, CITY ATTORNEY
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