HomeMy Public PortalAboutOrdinance No. 1160-10 02-23-2010 1160-10
CITY OF RICHLAND HILLS ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING THE CITY'S 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.
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
WHEREAS, the City has previously adopted a Code of Ethics by passage of Ordinance No.
1139-09, governing the conduct of officers of the City; and
WHEREAS, 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 amend the Code of Ethics to provide further
guidance and properly govern the conduct of City officials and employees;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
Section Article IV of Chapter 2 of the Richland Hills City Code is hereby amended 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 ofthe 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.
ORDINANCE AMENDING CODE OF ETHICS Page 1
W:\Richland Hills\Ordinance\Ethics ordinance.2.22.10.tgs.wpd
b. This code of ethics has five (5) purposes:
1. To encourage the public service by Richland Hills citizens;
2. To encourage high ethical standards 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 are 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. This Code of Ethics is not intended to be nor shall it be used as a political weapon to
intimidate or embarrass persons affected.
d. 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
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
ORDINANCE AMENDING CODE OF ETHICS Page 2
W:\Richland Hills\Ordinance\Ethics ordinance.2.22.1Qtgs.wpd
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, joint 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.
"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 any proprietorship, partnership, corporation, association
or other entity, as defined in this section.
ORDINANCE AMENDING CODE OF ETHICS Page 3
W:\Richland Hills\Ordinance\Ethics ordinance.2.22.10.tgs.wpd
"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. A City official shall not appear before the body of which the official is a member as an
advocate for any other person, group or entity, provided, however, that such official may advocate
on his or her own behalf on an issue that directly affects such official.
b. A City Council member not shall represent any other person, group or entity before any body
which is appointed by the City Council.
c. A City official shall not interfere with the City Manager's administrative duties of
supervison, appointment to and removal of persons from employment with the City, or issue private
directives to City staff to perform any work, or take any action 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. A City official shall not 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 pursuing 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 provision shall
not prohibit any City official from pursuing their own legal interests in the municipal courts of the
City.
ORDINANCE AMENDING CODE OF ETHICS Page 4
W:\Richland Hills\Ordinance\Ethics ordinance 2.22.10.tgs.wpd
f. 1. No City official shall solicit or accept employment with the City while a City official.
No City official shall solicit or accept employment with any other entity, or solicit or accept
compensation from any entity which transacts business with the City while a City official,
if such employment or compensation could reasonably be expected to impair independence
in judgment or performance of the official's duties as a City official, provided, however, that
this prohibition shall not prevent a City official from soliciting or accept employment with
such other entity, or from soliciting or accepting compensation from such other entity if the
City official first discloses the official's intent to solicit or accept compensation from such
other entity and states an intent to recuse himself or herself from any decision upon which
the official might reasonably be expected to act, investigate, advise or make a
recommendation coming before the City relating to such other entity.
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 further
action on matters regarding the potential future employer.
g. A City official shall not accept remuneration, directly or indirectly, for campaign work
relating to another individual's candidacy for 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 ofthe 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 shall 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 the real property which is the subject of the zoning request or 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, or which receives any fee, compensation or other monetary payment from the
entity, shall not participate in a vote or decision regarding such entity before the City, 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, or use such information for personal financial gain, provided,
however, that this rule does not prohibit:
1. any disclosure of information that is no longer confidential government information;
ORDINANCE AMENDING CODE OF ETHICS Page 5
W:\Richland Hills\Ordinance\Ethics ordinance.2.22.10.tgs.wpd
2. the confidential reporting of illegal or unethical conduct to authorities designated by
law; 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. A member of the City Council, Planning and Zoning Commission, Zoning Board of
Adjustment, or other non-advisory City board, commission or committee shall not deliberate or vote
on any matter which may appear before such Council, board, 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 shall not participate 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.
a. A City official shall 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 Government 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 are 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. A City official shall not violate Chapter 37 (Perjury and Other Falsification) of the Texas
Penal Code, nor solicit, encourage, direct, aid or attempt to aid another person to commit a violation
of Chapter 37 of the Texas Penal Code.
c. A City official shall not 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. A City official shall not use City facilities, personnel, equipment or supplies for private
purposes, except to the extent such are customary, incidental or lawfully available to the public.
(See Texas Penal Code Section 39.02, as amended, "Abuse of Official Capacity.")
e. A City official shall not 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.")
ORDINANCE AMENDING CODE OF ETHICS Page 6
W:\Richland Hitls\Ordinance\Ethics ordinance.2.22.10.tgs.wpd
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,
shall file an affidavit as required by law, or if filing such an affidavit is 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 general,
remote or incidental, the City official may participate in the vote or decision and need not disclose
the interest, except as otherwise required in this Article. For purposes of this section:
1. "Remote interest" means an interest which is shared by the majority of the general
public, the residents or citizens of the City, or the particular neighborhood within the
City in which a City official resides, or all members of the Council, a board or
commission of which the official is a member. For example, the interest of a City
official in City tax levies and rates, general City fees, City utility charges, City
expenditures, the general terms of the City Code, including the City's comprehensive
zoning ordinance, and similar decisions are deemed remote. With regard to the City
Council, Council, Council salaries, terms of office, powers, compensation, and travel
budgets are deemed remote.
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 minimus fashion by a decision.
Section 2-126 Substantial Interest.
a. A substantial interest of an immediate family member of a City official shall be deemed to
be a substantial interest of such City official for the purposes of this Article.
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.
Section 2-127 Disclosure of Interests Regarding Land Use Changes.
a. Any person requesting consideration or action concerning any application for zoning relief,
plat approval, certificates of appropriateness, certificates of demolition or relocation, a special
exception, a variance or other legal relief before the City Council, Zoning Board of Adjustment,
Planning and Zoning Commission, or other City board or commission having legislative or
adjudicative authority shall file a disclosure statement with the City.
ORDINANCE AMENDING CODE OF ETHICS Page 7
W:\Richland Hills\Ordinance\Ethics ordinance.2.22.10.tgs.wpd
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
and any City employees 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 the applicant bases such
belief, 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 property 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.
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 five (5) members to the Commission, designated as
Places One through Five, corresponding to each seat on the City Council.
2. 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 majority 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.
4. All 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
other City appointed office. Upon the occurrence of any such event, the member wil l
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 may be
removed by a majority vote of the Council at any time with or without cause.
ORDINANCE AMENDING CODE OF ETHICS Page 8
W:\Richland Hills\Ordinance\Ethics ordinance.2.22.10.tgs.wpd
c. Officers.
The Commission shall, upon its initial meeting, and thereafter as required, elect officers by
majority vote, including a chair, vice-chair, and a secretary. All officers of the Commission shall
be entitled to vote in all matters before the Commission.
d. Quorum; Meetings; Rules.
1. The Commission shall not hold regular meetings, but instead shall meet only as
needed, following the filing of a complaint under this Article, at a time and place as
determined by either the City Manager or the City Attorney.
2. 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.
e. 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 legal 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 may be utilized at the discretion of the City Attorney to
ORDINANCE AMENDING CODE OF ETHICS Page 9
W:\Richland Hills\Ordinance\Ethics ordinance.2.22. ] O.tgs.wpd
advise the Commission and participate in hearings: When a complaint is filed
against a City Council member, or in the event of a conflict of interest, the City
Attorney shall engage independent legal counsel to advise the Commission, unless
the City Attorney 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. Upon
request, the City Attorney shall promptly prepare and provide a form for such
purpose.
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 Attorney, the Ethics Review Commission, 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.
ORDINANCE AMENDING CODE OF ETHICS Page ]0
W:\Richland Hills\Ordinance\Ethics ordinance.2.22.10.tgs.wpd
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 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
ORDINANCE AMENDING CODE OF ETHICS Page 11
W:\Richland Hills\Ordinance\Ethics ordinance.2.22.10.tgs.wpd
should be held. A determination by the Commission that there are 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
majority of the Commission members who are present for the preliminary hearing do not so
determine, 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 determination 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 ofthe City official named in the complaint, but in no event, shall
it be held 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 ofthe 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 Commission'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.
ORDINANCE AMENDING CODE OF ETHICS Page 12
W:\Richland Hills\Ordinance\Ethics ordinance.2.22.10.tgs.wpd
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 ofthis Article which
have been violated, and within seven (7) calendar days 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.
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
documentation before the Ethics Commission shall be forwarded 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.
£ Prohibition of ex pane 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 may be. 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.
ORDINANCE AMENDING CODE OF ETHICS Page 13
W:\Richland Hills\Ordinance\Ethics ordinance.2.22.10.tgs.wpd
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.
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 subject 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.
ORDINANCE AMENDING CODE OF ETHICS Page 14
W:\Richland Hills\Ordinance\Ethics ordinance.2.22.10.tgs.wpd
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.
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 disregard 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 oftheabove-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.
I. Reporting.
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
ORDINANCE AMENDING CODE OF ETHICS Page 15
W:\Richland Hills\Ordinance\Ethics ordinance.2.22.10.tgs.wpd
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.
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 23 DAY OF Februar , 2010.
~ ~ ~
HE HONORABLE DAVIp' . RAGAN, MAYOR
`i
ATTEST:
L DA CANTU, TMRC, CITY SECRETARY
February 23, 2010
EFFECTIVE: \
~~~`~"~~FND/jy/~~'ii
~~~c i<<%
~r'',
APP VED S TO ORM AND LEGALITY: O 1 ~
- H ~ . ?ao
V ~ ~
TIM G. SRALLA, CITY ATTORNEY
ORDINANCE AMENDING CODE OF ETHICS Page 16
W:\Richland Hills\Ordinance\Ethics ordinance.2.22.10.tgs.wpd