HomeMy WebLinkAboutORD 2017-70 - Ethics OrdinanceORDINANCE NO. 1
AN ORDINANCE AMENDING CHAPTER 2.20 ENTITLED
"ETHICS" OF THE CODE OF ORDINANCES OF THE CITY OF
GEORGETOWN RELATING TO ETHICS RULES APPLICABLE
TO CITY OFFICIALS; REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY AS
STATED IN SECTION 1.08.010 OF THE CODE OF ORDINANCES;
PROVIDING FOR PUBLICATION AND SETTING AN
EFFECTIVE DATE.
WHEREAS, since the ethics ordinance was initially enacted, there have been
several instances where critical boards and commissions have had difficulty making
quorums because of the current wording: and
WHEREAS, the City Council finds that the Texas statutes adequately address the
items in the ethics ordinance and have provisions to address the quorum issues.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS, THAT:
Section 1. The meeting at which this ordinance was approved was in all
things conducted in compliance with the Texas Open Meetings Act, Texas Government
Code, Chapter 551.
Section 2. The facts and recitations contained in the preamble of this
ordinance are hereby found and declared to be true and correct and are incorporated by
reference herein and expressly made a part hereof, as if copied verbatim.
Section 3. Chapter 2.20 entitled "Ethics" of the Code of Ordinances of the City of
Georgetown, Texas is hereby amended and shall provide as shown in EXHIBIT A.
Section 4. If any provision of this ordinance or application thereof to any person
or circumstance shall be held invalid, such invalidity shall not affect the other provisions,
or application thereof, of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are hereby
declared to be severable.
Section 5. That all ordinances that are in conflict with the provisions of this
ordinance be, and the same are hereby, repealed and all other ordinances of the City not
in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 6. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This Ordinance shall become effective and be in full force and effect
Ordinance Number: vtoo Page 1 of 4
Description: Ethics Ordinanc
Date Approved: _101'a14 , 2017
ten (10) days on and after publication in accordance with the provisions of the Charter of
the City of Georgetown.
PASSED AND APPROVED on First Reading on the J0 day of October, 2017.
PASSED AND APPROVED on Second Reading on the ;A day of
Oc 4C -, 2017.
ATTEST: THE CITY OF GEORGETOWN
Shelley Nowlin n01
Secretary e6�r
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
41L'I'll"Bri
IC 0I A
Ordinance Number: z)-0 M — % O Page 2 of 4
Description: Ethics Ordinane
Date Approved: 0 1 2017
V VUTUTT A
CHAPTER 2.20. - ETHICS
Sec. 2.20.010. - Declaration of policy.
A. It is the policy of the City that the proper operation of democratic government
requires City Officials to be independent, impartial, and responsible; and that no City
Official permit any interest, financial or otherwise, to conflict with the proper
discharge of duties in the public interest.
B. This Chapter has the following purposes:
1. To provide guidelines for ethical standards of conduct for all City Officials; and
2. To require disclosure by City Officials of private financial or other interests in
matters affecting the City.
C. The provisions of this Chapter do not apply to political contributions, loans,
expenditures, reports, or regulation of political campaigns or to the conduct of
candidates in campaigns.
Sec. 2.20.020. - Definitions.
For the purposes of this Chapter City Official' means the Mayor, every member of
the City Council, the City Manager, the City Secretary, the City Attorney, and all
members of any commission, committee, or board appointed by the City Council.
Sec. 2.20.030. - Standards of conduct.
No City Official shall:
1. Engage in conduct that would violate Texas Local Government Code
Chapter 171;
2. Engage in conduct that would violate Texas Local Government Code
Section 212.017;
3. Engage in conduct that would violate Texas Penal Code Chapter 36;
4. Engage in conduct that would violate Texas Government Code Chapter 573;
5. Engage in conduct that would violate Texas Penal Code Chapter 39; or
6. Engage in conduct that would violate any other ethics law in the State of
Texas.
Ordinance Number:
Description: Ethics Ordinance
Date Approved:
2017
Page 3 of 4
Sec. 2.20.040 Disclosure of Interest and Recusal.
A City Official having a conflict of interest as provided in Texas Local Government
Code Chapter 171 shall disclose that the official has a conflict of interest and recuse
himself/herself immediately from voting and from the discussion of the matter. The
City Official shall also promptly file an affidavit with the City Secretary disclosing
the nature and extent of the conflict, and the affidavit shall be included in the official
minutes of the body.
Sec. 2.20.050. - Sanctions and Violations.
A violation of any provision of this ordinance by any City Official as defined above
shall constitute a misdemeanor punishable as provided in this Code.
Sec. 2.20.060. - Distribution and Proof of Compliance.
A. The City Secretary shall make available to each new City Official designated in this
Chapter, a copy of the text of this Chapter 2.20; Chapter 171 of the Texas Local
Government Code pertaining to conflicts of interest; the Texas Open Meetings Act
(Tex. Gov. Code ch. 551); and the Texas Public Information Act (Tex. Gov. Code
ch. 552) (collectively referred to in this Section as the "ethics statutes").
B. The City Attorney shall conduct one or more annual seminars devoted to educating
City Officials on the meaning and legal significance of the ethics statutes.
C. Each City Official shall file with the City Secretary a signed affidavit in which the
City Official acknowledges the existence of the ethics statutes.
Ordinance Number:
Description: Ethics Ordinance
Date Approved:
2017
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