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Home My Public Portal AboutOrdinance No. 1208-11 09-13-20111208-11 CITY OF RICHLAND HILLS ORDINANCE NO. AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SECTION 2-121 OF THE CITY CODE TO REVISE THE CITY CODE PROVISIONS REGARDING ETHICS AND ESTABLISH PROCEDURES FOR ADJUDICATION OF ETHICS COMPLAINTS; AND DELETING SECTIONS 2-122 THROUGH 2-129, THEREBY DISSOLVING THE CITY ETHICS COMMISSION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIl2ED 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 Council previously adopted Ordinance No.840-98, adopting an eithics policies and regulations very similar to those contained in the City Charter, and then subsequently adopted Ordinance No. 1139-09, which substantially revised those ethics policies and regulations; and WHEREAS, the City Council has now determined that the City Code provisions regarding ethics as existed prior to the adoption ofOrdinance No.1139-09 provided sufficient regulations and provisions to protect the public, and that the City Code should be restored to the provisions that existed prior to the adoption ofOrdinance No.1139-09 ,with modifications to provide more specific due process procedures; and WHEREAS, Ordinance No. 1139-09 provided for the creation of a City Ethics Review Commission, and the City Council has now also determined that the City Ethics Review Commission is not necessary and should be dissolved; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 2-131 OF THE CITY CODE Section 2-121 of Article IV of Chapter 2 of the Richland Hills City Code is amended to provide as follows: Section 2-121. Ethics. a. No elected or appointed officer ofthe City shall benefit unduly by reason of such person's public office. b. No officer having a 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 such officer's position, authority or influence in a manner that would result in such officer's financial betterment to any degree, or in the financial betterment of a person related to officer such within the third degree of affinity or consanguinity. Further, any elected or appointed officer shall publicly disclose any such interest upon assumption of office or prior to consideration of any such matters. This provision is cumulative to all other applicable laws. c. Failure to comply with any provisions of this section shall constitute malfeasance in office and shall make an officer subject to discipline or removal from office as provided herein. d. Upon receipt of a complaint alleging such malfeasance, or on its own motion, the City Council may immediately suspend any officer pending an outcome of an investigation of the charges. Such suspension shall be with pay if the officer or employee is compensated. Within five (5) days of said suspension the City Council shall provide written notice to the officer detailing the specific charges being brought against the officer. The City Council shall hold a public hearing within fifteen (15) days after the written notice to determine whether the charges are well founded, provided, however, that such hearing shall not be held earlier than ten (10) days of the date the officer receives written notice of the charges unless the officer being charged agrees in writing to an earlier date. The City Council may continue such hearing if the City Council determines such is appropriate in the interests of justice and due process. e. The City Council may call witnesses and take testimony and receive evidence from interested persons, and may administer oaths and affirmations, but shall not be bound by formal rules of evidence or procedure. If the Mayor or other member of the City Council is the officer being charged with violation of this section, such member charged may attend the hearing but shall not participate in any deliberations as a member of the City Council. Any person may elect to be represented by legal counsel. Any member of the City Council and the city official charged with violation of this section may request the attendance of specific persons and the production of evidence for any hearing, and may ask questions of any witness at the hearing. f. Upon conclusion ofthe hearing, the City Council shall determine whether the officer being charged with violation of this section is guilty or not guilty of such violation by a vote to be determined by a majority of the members present and voting. If the City Council determines that the officer being charged with violation ofthis section is not guilty of such violation, the allegation will be dismissed, and the officer reinstated without penalty. If the City Council determines that the officer ETHICS ORDINANCE AMENDMENT Page 2 W:\Richland Hills\Ordinance\Ethics Policy Revision Ordinance.tgs.8.l.1 l.wpd being charged with violation of this section is guilty of such violation, the City Council shall determine the appropriate discipline by a vote to be determined by a majority of the members present and voting. Such discipline may range from a written reprimand, suspension with or without pay, or removal from office. g. Any violation of this section with the knowledge, express or implied, or persons or corporations contracting with the City shall render the contract voidable by the City Council. SECTION 2. DELETION OF SECTIONS 2-122 THROUGH 2-129 OF THE CITY CODE Sections 2-122 through 2-129 of Article IV of Chapter 2 ofthe Richland Hills City Code are deleted in their entirety. SECTION 3. DISSOLUTION OF THE CITY ETHICS COMMISSION The City Ethics Review Commission is hereby dissolved. SECTION 4. 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 indirect 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 5. 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 6. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the ETHICS ORDINANCE AMENDMENT Page 3 W:\Richland Hills\Ordinance\E[hics Policy Revision Ordinance.tgs.8.1.1 l.wpd regulated herein which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS _1_,~ DAY OF . /.l~t/1p~~ 20I 1. HONORABLE DAVLp~G. RAGAN, MAYOR ATTEST: ~111111111111/lJJJ/ ;~_ ~~ ~~ L A CANTU, TRMC, CITY SECRETARY ~ ®~ ~'• 'R` ~ ~. , a v ~ y= EFFECTIVE DATE: i ~ ~ ~ I ~%~ ~~~~' JJJnlunnlllll APPROVED T FORM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY W:~Rich[and HiIIs~Ordinance~Ethics Policy Revision Ordinance.tgs.8.l.1 l.wpd ETHICS ORDINANCE AiKENDMENT Page 4 W:utichhnd HiOsVDrdineneelEtiacs Poliay Revlaion Ordinanea.tlp.& 1.1 l.wpd