HomeMy Public PortalAboutOrdinance No. 1496-24 04-22-2024 ORDINANCE NO. 1496-24
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS,
AMENDING ARTICLE IV "CODE OF ETHICS" OF CHAPTER 2
"ADMINISTRATION" IN ITS ENTIRETY TO ADOPT A CODE OF ETHICS
APPLICABLE TO ALL ELECTED AND APPOINTED OFFICIALS OF THE
CITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills, Texas ("City"), 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
ethics policies for City officials and employees. The ordinance was amended on January
27, 2009 via Ordinance No. 1139-09, as well as on September 13, 2011 via Ordinance
No. 1208-11; and
WHEREAS, ethical considerations in the decision-making process of Richland
Hills public officials are at the forefront of public scrutiny and the mere appearance of
impropriety impacts the effectiveness of Richland Hills public officials; and
WHEREAS, public confidence and respect can best be promoted if Richland Hills
public officials, whether paid or unpaid, whether elected or appointed, uniformly treat all
citizens with courtesy, impartiality, fairness, and equality under the law and avoid both
actual and potential conflicts between their private self-interest and the public trust; and
WHEREAS, the City Council finds it to be in the public interest to adopt a Code of
Ethics applicable to all elected and appointed officials of the City; and
WHEREAS, the City Council finds that replacing Article IV Code of Ethics of the
Richland Hills Code of Ordinances, in its entirety, is in the best interests of the citizens of
the City of Richland Hills.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS, THAT:
SECTION 1.
Article IV "Code of Ethics" of Chapter 2 "Administration" is hereby amended in its
entirety to read as follows:
"Article IV Code of Ethics
Sec. 2-121 General Guide for Richland Hills Public Officials.
It is hereby declared to be the policy of the City that the proper operation of
democratic government requires that public officials and employees be independent,
impartial, and responsible only to the people of the City. Governmental decisions and
policies should be made in the proper channels of the governmental structure. No officer,
employee, or member of any board, commission, or committee should have any interest,
financial or otherwise, or engage in any business, transaction, or professional activity or
incur any obligation of any nature that conflicts with the proper discharge of their duties
in the public interest. Public office and public employment are positions of public trust
imposing the duty of a fiduciary upon all employees and officeholders who are not to use
their public position for personal gain. The public should have confidence in the integrity
of its government. It is the policy of the City to uphold, promote, and demand the highest
standards of ethical behavior from its Mayor, members of the City Council, employees,
and individuals appointed to serve on the City's boards, commissions, committees, task
forces, and other appointed or elected advisory groups.
Sec. 2-122 Definitions.
For this Code of Ethics, the following words and phrases shall have the
meanings ascribed to them by this section.
Advisory board shall mean a board, commission, or committee of the City that
functions only in an advisory or study capacity.
Business entity shall mean any entity recognized by law through which
business for profit is conducted, including a sole proprietorship, partnership, firm,
corporation, holding company, joint stock company, receivership, or trust.
City means the City of Richland Hills.
Employee shall mean any person employed by the City, including those
individuals on a part-time basis, but such term shall not be extended to apply to any
independent contractor.
Family member shall mean a person related to another person within the first
degree by consanguinity or affinity, as described by Subchapter B, Chapter 573,
Government Code, as amended.
Ordinance No. 1496-24, Page 2 of 13
Family relationship means a relationship between a person and another person
within the third-degree by consanguinity or the second-degree by affinity, as those
terms are defined by Subchapter B, Chapter 573, Government Code, as amended.
Gift means a benefit offered by a person, including food, lodging,
transportation, and entertainment accepted as a gift. The term does not include a
benefit offered on account of kinship or a personal, professional, or business
relationship independent of the official status of the recipient.
Knowingly. A person acts knowingly, or with knowledge, concerning the nature
of their conduct or to circumstances surrounding their conduct, when they are aware
of the nature of their conduct or that the circumstances exist.
Officer shall mean any member of the City Council, the Planning and Zoning
Commission, the Board of Adjustment and/or the Building Board of Appeals, and any
member of a board, commission, or committee established by ordinance, charter, or
State law who has final approval authority over any application, permit, license, or
other City approvals provided, however, that no member of an advisory board shall be
deemed an officer of the City.
Public servant means the Mayor, members of the City Council, the City
Secretary, appointive officers, any member of a board, commission, or other voting
body that is established by either branch of City government, or by this Code, and any
appointee, any employee, or any individual who provides services to the City within or
outside of its offices or facilities under a personal services contract.
Vendor means a person who enters or seeks to enter into a contract with the
City. The term includes an agent of a vendor. The term does not include a State
agency, except for Texas Correctional Industries.
Willful neglect of duty means the intentional failure of a public servant to perform
the duties of their office.
Sec. 2-123 Substantial Interest.
a) A person has a substantial interest in a business entity if the individual:
1) Has a controlling interest in the business entity;
2) Owns 10 percent (10%) or more of the voting stock or shares of the
business entity or ownership of either 10 percent (10%) or more or
$5,000.00 or more of the fair market value of the business entity (see
Section 171.002, Texas Local Government Code, as amended); or
Ordinance No. 1496-24, Page 3 of 13
3) Received funds from the business entity that exceed 10 percent (10%) of
the person's gross income for the previous year (see Section 171.002,
Texas Local Government Code, as amended); or
4) Holds the position of member of the board of directors, or other governing
board of the business entity, except as provided by subsection (b) below; or
5) Serves as an elected officer of the business entity; or
6) Is an employee of the business entity; or
7) Is a creditor, debtor, or guarantor of the entity for $5,000.00 or more; or
8) Has property pledged to the business entity, or is subject to a lien in favor
of the business entity, for $5,000.00 or more.
9) Has a substantial interest in real property if the interest is an equitable or
legal ownership interest with a fair market value of$2,500.00 or more (see
Section 171.002, Texas Local Government Code).
10) Has a substantial interest under this Ordinance if the person's family
member has a substantial interest under this chapter (see Section 171.002,
Texas Local Government Code).
b) A person does not have a substantial interest in a business entity if the individual:
1) Holds a position as a member of the board of directors, or other governing
board of a business entity; and
2) Has been designated by the City Council to serve on such board; and
3) Receives no financial benefit, either directly or indirectly, for their service on
such board; and
4) The primary nature of the business entity is either charitable, nonprofit, or
governmental.
Sec. 2-124 Standards of Conduct.
a) No City officer, employee, or advisory board member, or their spouse, shall
knowingly:
1) Accept or solicit any gift, favor, service, or thing of value from any person,
group, or business entity, including a promise of future employment, that
might reasonably tend to influence them in the discharge of their official
duties or that the officer, employee, or advisory board member knows or
Ordinance No. 1496-24, Page 4 of 13
should know is being offered with the intent to influence the officer's or
employee's official conduct. This prohibition shall not apply to:
a. An occasional non-pecuniary gift, that is not cash, and is insignificant
in value; or
b. An award publicly presented in recognition of public service; or
c. Any gift that would have been offered or given to the officer employee
or advisory board member, or their spouse, if they were not a City
officer, employee, or advisory board member; or
d. Any travel and related expenses to attend ceremonial functions
provided that such acceptance and attendance have been approved
by the City Council prior to the occurrence of the ceremonial function.
2) Grant in the discharge of their official duties any improper favor, service, or
thing of value to any person, group, or business entity;
3) Knowingly disclose any confidential information gained in connection to the
position of the officer, employee, or advisory board member concerning
property, operations, policies, or affairs of the City, or use such confidential
information to advance any personal interest, financial or otherwise, of such
officer, employee, or advisory board member, or others. This subparagraph
shall not preclude disclosure of such confidential information in connection
with any investigation or proceeding regarding whether there has been a
violation of the standards of conduct outlined in this article.
4) Use one's position, office of employment, city facilities, personnel,
equipment, or supplies to secure special privileges or exemptions for
themselves or others or for the private gain of the city officer, employee,
advisory board member, or their spouse.
5) Engage in any exchange, purchase, or sale of property, goods, or services
with the City, except:
a. Rendering services to the City as an officer, employee, or advisory
board member;
b. Paying taxes, fines, utility service, or filing fees; executing and
performing any developer's agreement or plat in compliance with
laws and regulations applicable to any person; provided, however, if
any city ordinance, rule, or regulation allows any discretion by the
appropriate officers or employees of the City in the interpretation or
enforcement of such ordinance, rule, or regulation, any such
Ordinance No. 1496-24, Page 5 of 13
discretion shall be exercised in favor of the City in connection with
any such developer's agreement or plat;
c. Advisory board members who are not otherwise officers or
employees of the City, may engage in any exchange, purchase, or
sale of property, goods, or services with the City, or enter into a
contract with the City, provided that the board on which they are a
member has no advisory function or awareness, direct or indirect,
present or prospective, with respect to the transaction in which such
advisory board member engages or proposes to engage.
6) Hold themselves out as representing the City in any capacity other than that
for which they were appointed, elected, or hired.
7) Engage in or accept private employment or render a service when such
employment or service is incompatible with the proper discharge of their
official duties or would tend to impair their independent judgment, in the
performance of their official duties.
8) Make or permit the unauthorized use of city-owned vehicles, equipment,
materials, or property.
9) Grant any special consideration, treatment, or advantage to any citizen
beyond that which is available to every other citizen.
10) Conduct any business in their official capacity with the City with a business
entity in which they have a substantial interest.
11) Engage in any dishonest or criminal act or any other conduct prejudicial to
the government of the City, or that reflects discredit upon the government
of the City.
12) Knowingly perform or refuse to perform any act to deliberately prevent the
execution of city ordinances, rules, or regulations or the achievement of
official city programs.
13) Misuse or misappropriate use of city funds.
b) No officer, advisory board member, or city employee shall knowingly represent,
directly or indirectly, any person, group, or business entity:
1) Before the City Council or any department, agency, board, or commission
of the City;
2) In any action or proceeding against the interests of the City, or in any
litigation in which the City or any department, agency, board, or commission
Ordinance No. 1496-24, Page 6 of 13
thereof is a party; or in any action or proceeding in the municipal courts of
the City that was instituted by a city officer or employee during their official
duties, or a criminal proceeding in which any city officer or employee is a
material witness for the prosecution.
c) Restrictions on former employees:
1) No former city employee shall, for a period of two (2) years from the date of
leaving city employment, knowingly:
a. Appear before any board or commission of the City in relation to any
case, proceeding, or application in which they personally
participated, or which was under their active consideration, during
the period of their service or employment with the City.
b. Represent, directly or indirectly, any private person, including a
former employee or any immediate family member, or any group or
interest, in any action or proceeding against the interests of the City,
or in any litigation in which the City or any department, agency,
commission, or board thereof is a party.
c. Knowingly represent any private person, other than themselves,
including any immediate family member, or any group or interest in
any action or proceeding in the municipal court, which is instituted by
a city officer or employee in the course of official duties.
(i). This subsection shall not be construed to deprive a former
employee of the right to due process under the law, including
the right to represent themselves in a court proceeding.
d. Have any financial interest in the sale of any land, materials,
supplies, or service to the City. Any violation of this subsection with
the actual or constructive knowledge of the former city employee
shall render the contract voidable by the City Manager or the City
Council. This subsection shall not apply to a former city employee
whose employment was terminated as part of a reduction in force or
to a former employee whose skills or experience are so unique that
failure to contract with them would be a detriment to the City as
determined by the City Manager.
d) The restrictions in this section do not prohibit the following:
1) A city employee, officer, or advisory board member (other than City
Council), or their spouse, appearing before the City Council or a city
department, agency, board or commission to represent themselves in a
matter affecting their property; provided, however, that no such person, or
Ordinance No. 1496-24, Page 7 of 13
their spouse, shall appear before the board or commission of which they
are a member; or
2) A city employee or officer of an employee organization appearing before the
City Council or a city department, agency, board, or commission to address
employment matters.
e) The restrictions in this section do not apply to business associates of officers,
employees, or advisory board members, but only personally to the officers, employees,
and advisory board members themselves.
Sec. 2-125 Disclosure of Interest.
a) If any city officer, employee, or advisory board member has a substantial interest
in a business entity or real property involved in any decision pending before such officer,
employee, or advisory board member, or the body of which they are a member, such
officer, employee, or advisory board member shall disclose such interest as provided in
subsection e) below and shall not, except as provided in subsection b) below, discuss the
substance of the matter at any time with any other member of the board of which they
are a member, or any other body that will vote on or otherwise participate in the
consideration of the matter.
b) If any of the following interests or relationships are involved in any decision
pending before any city officer, employee, or advisory board member, or the body of which
they are a member, such officer, employee, or advisory board member must disclose
such interest or relationship as provided in subsection e), but they shall be permitted to
vote on and participate in the consideration of such matters listed as follows:
1) A decision concerning a bank or other financial institution from which the
officer, employee, or advisory board member has a home mortgage,
automobile loan, or other installment loan, if the loan is not currently in
default, was originally for a term of more than two (2) years, and cannot be
accelerated except for failure to make payments according to the terms
thereof;
2) A decision concerning a bank or other financial institution in which the
officer, employee, or advisory board member holds a savings account,
checking account, or certificate of deposit, and which is fully insured by the
U.S. government or an agency thereof;
3) A decision concerning a business entity with which the officer, employee, or
advisory board member has a retail or credit card account;
4) A decision concerning the approval of the substitution of collateral by a city
depository bank; and
Ordinance No. 1496-24, Page 8 of 13
5) A decision concerning real property in which the officer, employee, or
advisory board member has a substantial interest if it is not reasonably
foreseeable that such decision would have a special economic effect on the
value of the property, distinguishable from the effect on the public (see
Section 171.004, Texas Local Government Code, as amended).
c) If a city officer, advisory board member, or a city employee, or a family member of
a city officer, advisory board member, or city employee, receives one or more gifts that
have a combined value of more than one hundred dollars ($100) in the twelve (12) month
period preceding the date the City executes a contract with the vendor or considers
entering into a contract with the vendor, the city officer, advisory board member, or city
employee must disclose such gift as provided in subsection f), g) or h), as applicable, but
he or she shall be permitted to vote on and participate in the consideration of such matter.
This requirement shall not apply to gift(s) accepted by a City Council member, the City
Manager, or a city employee if the gift is a political contribution as defined by Title 15,
Election Code, or food accepted as a gift.
d) If any of the following relationships exist between a vendor and a city officer,
advisory board member, or a city employee, the city officer, advisory board member, or
city employee must disclose the relationship as provided in subsection f), g), or h) as
applicable and shall not, in accordance with subsection a), discuss the substance of the
matter at any time with any other member of the board of which they are a member or
any other body that will vote on or otherwise participate in the consideration of the matter
if:
1) The City enters into a contract with a vendor, or is considering entering into
a contract with a vendor, and the vendor has an employment or other
business relationship with the city officer, advisory board member or city
employee, or family member of the city officer, advisory board member or
city employee, resulting in the city officer, advisory board member, or city
employee, or their family member, receiving taxable income, other than
investment income, that exceeds twenty five hundred dollars ($2500.00)
during the twelve (12) month period preceding the date the contract
between the City and the vendor is executed, or the date the City considers
entering into a contract with the vendor; or
2) The City enters into a contract with a vendor, or is considering entering into
a contract with a vendor, and the vendor has a family relationship with the
city officer, advisory board member, or city employee.
e) A city officer, city employee, or advisory board member shall disclose the existence
of any substantial interest in a business entity or real property involved in any decision
pending before such officer, employee, or advisory board member, or the body of which
they are a member. To comply with this paragraph, a city officer or advisory board
member shall, prior to any discussion or determination of the matter, either file an affidavit
of disclosure as required by Section 171.004 of the Texas Local Government Code, as
Ordinance No. 1496-24, Page 9 of 13
amended, or, if not so required, shall publicly disclose in the official records of the body
or of the City Secretary the nature of the interest. To comply with this paragraph, a city
employee shall notify their superior, and the Human Resources Office in writing of the
nature of any substantial interest they may have in a business entity or real property which
would be affected by an exercise of discretionary authority by the city employee. The
employee's superior shall assign the matter to another employee.
f) A City Council member, the City Manager, or a city employee shall disclose a
relationship as defined in subsections c) and d) that exists between the City Council
member, the City Manager, the city employee, or family member of the City Council
member, City Manager, or city employee and vendor by filing a conflicts disclosure
statement with the City Secretary as required by Section 176.003 of the Texas Local
Government Code, as amended. The disclosure statement form is available from the City
Secretary. This disclosure shall be filed no later than 5:00 p.m. on the seventh (7th)
business day after the date on which the City Council member, the City Manager, or the
city employee becomes aware of the existence of a relationship as defined in subsections
c) and d).
g) An advisory board member shall disclose a relationship as defined in subsections
c) and d) that exists between the advisory board member, or family member of the
advisory board member with a vendor by filing a written statement with the City Secretary
on a form promulgated by the City Secretary for that purpose. This statement shall be
filed no later than 5:00 p.m. on the seventh (7th) business day after the date on which the
advisory board member becomes aware of the existence of a relationship as defined in
subsections c) and d).
h) An employee of the City who does not have a relationship with a vendor, as defined
in subsections c) and d), shall indicate such by filing a written statement with the Human
Resources Office on a form promulgated by the City for that purpose.
Sec. 2-126 Penalties for Violation of Article; Forfeited Position; Exemptions;
Injunctions.
a) It is not the intention of this Code of Ethics that violations be subject to criminal
penalties, except where otherwise provided by State law.
b) Whenever the City Council has determined that any officer(except for City Council
members), employee, or advisory board member has violated any provision of this
section, such officer, city employee, or advisory board member shall be subject to
discipline, including forfeiture of their office or position for all non-elected officers or
employees. Nothing in this Ordinance shall be construed to prohibit such officer, city
employee, or advisory board member from being elected, re-elected, reappointed, or
otherwise rehired to any position forfeited under the provisions of this article.
Ordinance No. 1496-24, Page 10 of 13
c) The City Council may exempt from the provisions of this section any conduct found
to constitute a violation by an officer, city employee, or advisory board member if it finds
that the enforcement of this article with respect to such conduct is not in the public interest.
d) Any contract or transaction that was the subject of an official act or action of the
City in which there is an interest prohibited by this article, or that involved the violation of
a provision of this article, shall be voidable at the option of the City Council.
e) Pass a resolution of censure or a recommendation of recall when the City Council
finds that a serious or repeated violation of this Code has been committed intentionally
by a member of the City Council.
f) At the discretion of the City Council, the City Attorney or designee will have the
power if a violation of the provisions of this article is threatened or has occurred, to bring
a civil action or proceeding, at law or in equity, for a judgment enjoining any violation of
the provisions of this article or requiring the relinquishment of any prohibited interest or
the voiding of any such contract or transaction, taking into account the interests of the
City and any third persons who may be injured thereby.
Sec. 2-127 Enforcement.
a) The City Council and City Manager shall have the primary responsibility for the
enforcement of this section. The Human Resources Office shall also have responsibility
for enforcement of this article as it pertains to employee conduct. The City Council, City
Manager, and Human Resources staff, as appropriate, may direct the City Attorney to
investigate any apparent violation of the article. Additionally, the City Council may employ
or appoint any qualified attorney to investigate any violation or series of violations of this
article by one or more persons. At the direction of the City Council, the City Attorney shall
have the power to investigate any complaint and to take any action on behalf of the City
where such action is appropriate.
b) Any person who believes that a violation of any portion of the article has occurred
may file a complaint with the City Council, and who may then proceed as provided in
paragraph a) above. However, nothing in this article shall be construed to prevent
complainants from instituting direct legal action through the appropriate judicial authority.
Sec. 2-128 Advisory Opinions.
Where any officer, city employee, or advisory board member has a doubt as to the
applicability of any provision of this Code to a particular situation, or as to the definition of
terms used herein, they may apply to the City Attorney for an advisory opinion. The officer,
city employee or advisory board member shall have the opportunity to present their
interpretation of the facts at issue and of the applicability of provisions of the Code before
such advisory opinion is made.
Ordinance No. 1496-24, Page 11 of 13
Sec. 2-129 Conclusion.
Public service as a City of Richland Hills elected or appointed official is an honor.
Your voluntary service directly contributes to the quality of life in Richland Hills. Although
this public service is not paid or compensated, the contributions and benefits to the
Richland Hills community and its citizens are invaluable. Citizens fortunate enough to
serve on boards and committees do so with pride, integrity, and with the highest of ethical
standards. It is always advisable that should any member or official have a legal question
concerning any of these matters that they consult with the City Attorney and, if advisable,
outside counsel.
Sections 2-130 through 2-150 — Reserved."
SECTION 2.
ORDINANCE 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 the is Ordinance are in direct conflict with the provisions of such Ordinances
and such Code are hereby repealed.
SECTION 3.
RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS
All rights and remedies of the City of Richland Hills are expressly saved as to any
and all violations of the provisions of the City's ethics regulations 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 4.
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.
Ordinance No. 1496-24, Page 12 of 13
SECTION 5.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage, and it is
so ordained.
APPROVED AND ADOPTED at a regular meeting of the Richland Hills City
Council on April 22, 2024, by a vote of 1 ayes, D nays, and -0 abstentions.
APPROVED:
THE HONORABLE MAYORREDWARD LOPEZ
ATTEST:
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DSAY LI SON, CITY SECRETARY
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Ordinance No. 1496-24, Page 13 of 13