(a) General rules.
(1) A city official or employee shall not solicit, accept, or agree to accept any gift, favor, benefit, or service that:
(A) reasonably tends to influence or reward official conduct; or
(B) the city official or employee knows is intended to influence or reward the discharge of official duties.
(2) A person or business entity shall not knowingly offer any gift or benefit to a city official or employee that:
(A) reasonably tends to influence or reward official conduct; or
(B) the person or business entity knows is intended to influence or reward the discharge of official duties.
(3) Except as provided in Subsection (f), a city official or employee shall not accept cash, a cash equivalent open loop gift card (including a Visa or Mastercard gift card), check, or negotiable instrument from any person or representative of a person or entity who does business with or is seeking to do business with the city. In this paragraph, OPEN LOOP means a general- purpose charge card that can be used anywhere that brand of card is accepted and does not include closed loop gift cards that can only be used at a specific merchant listed on the card.
(4) Employees must comply with departmental rules regarding gifts, if any. If a conflict exists between this chapter and a departmental rule, the stricter rule or regulation controls.
(5) A city official or employee who receives an unsolicited benefit or gift that he or she is not allowed to accept or does not wish to accept to avoid any appearance of impropriety, may donate the item to the city, another governmental entity that has the authority to accept the item, or to a tax-exempt charitable organization formed for educational, religious, or scientific purposes. A city official or employee who donates an unsolicited benefit or gift may notify the inspector general on a form approved by the inspector general that provides the city official or employee's name, the gift donated, and the entity to which the city official or employee donated the unsolicited benefit or gift.
(b) Exceptions. For purposes of this chapter, the following are not considered reportable gifts:
(1) reimbursement of reasonable expenses for travel in accordance with the city's ordinances, administrative directives, and this section;
(2) a public award or reward in recognition of public service or professional achievement, if the award or reward is reasonable in light of the occasion;
(3) a loan from a lending institution made in its regular course of business on the same terms generally available to the public;
(4) a scholarship or fellowship awarded on the same terms and based on the same criteria applied to other applicants;
(5) admission, regardless of value, to an event that a city official or employee is invited to, is offered tickets to, or is participating in relating to their official duties or responsibilities, including gathering information about a current or potential city supported program;
(6) tickets, meals, travel, lodging, and entertainment accepted by a city official or employee in accordance with Subsections (c) and (d);
(7) items having a nominal value (a noncash value of less than $50.00) accepted by a city official or employee from a resident or person or entity doing, or seeking to do, business with the city if a city official or employee does not receive cumulative items from a single source in a calendar year of more than $50.00 or plaques, caps, key rings, mugs, tee shirts, fresh cut flowers given at public appearances, or perishable food and beverages infrequently given.
(8) A ceremonial or protocol gift given to a city official or employee on behalf of the city, provided that any ceremonial or protocol gift given to:
(A) a city official valued over $300.00 is delivered to the city manager as a donation to the city, or
(B) an employee is delivered to the city manager within 30 days after receipt as a donation to the city.
(9) Gifts from a relative or a person with whom the city official or employee has a personal, professional, or business relationship independent of the city official or employee's status with the city.
(c) Honorarium, meals, travel, lodging, and entertainment.
(1) A city official or employee may not solicit, accept, or agree to accept any honorarium (cash payment or in-kind gift, except a plaque) in consideration for services that a city official or employee would not have been requested to provide but for his or her official position or duties.
(2) A city official may accept meals, travel, lodging, or entertainment if:
(A) the city official is a guest; and
(B) the donor or host is present at the meal, travel, lodging, or entertainment.
(3) An employee may accept meals, travel, lodging, or entertainment relating to a conference, seminar, trade show, or event that is related to the employee's job duties. Attendance must be approved in accordance with the city's Administrative Directive on travel, and costs must be reasonable.
(d) Tickets.
(1) When receiving complimentary tickets, city officials and employees must evaluate whether the tickets are a gift in violation of Subsection (a).
(2) City officials and employees may receive tickets to a fundraiser or charity event that benefits a city facility or program, subject to availability and in the sole discretion of an event sponsor. These tickets may not be sold or transferred, except to another city official or employee.
(3) Councilmembers and board and commission members may receive complimentary
annual memberships, individual or family, to city owned facilities that are operated or managed by a non-profit entity on behalf of the city.
(4) City officials may receive tickets to city owned facilities that are operated by a non-profit entity, such as the State Fair, Arboretum, Dallas Museum of Art, Dallas Summer Musicals, South Dallas Cultural Center, and the Latino Cultural Center, subject to availability and in the sole discretion of an event sponsor, and either the city official or his or her spouse, domestic partner, or significant other must be in attendance at the event. These tickets may not be sold or transferred, except to the city official's spouse, domestic partner, or significant other to another city official or employee.
(5) Councilmembers and board and commission members may request tickets to events at city owned facilities that are operated or managed by a for-profit entity over which city council does not have oversight responsibilities, such as American Airlines Center, but councilmembers and board and commission members are required to purchase these tickets at face value.
(6) City officials and department directors may accept blocks of promotional complimentary tickets to events for distribution, in accordance with any requirements by the event sponsor, to the general public, including constituents, to encourage attendance of the general public at city facilities, programs, and events.
(7) City officials and employees may accept discount tickets if the tickets are provided to all councilmembers, an entire department or office, or the entire city.
(e) Reporting. Except as provided in this chapter, city officials and employees must report gifts, including tickets, meals, travel, lodging, or entertainment in accordance with applicable state law and the city's reporting requirements in Article VI.
(f) Campaign contribution exception. The general rule in Subsection (a) does not apply to a campaign contribution received and reported in compliance with the Texas Election Code. (Ord. Nos. 32072; 32472
)
(a) Personal benefits to others. To avoid the appearance and risk of a conflict of interest, a city official or employee shall not use his or her official position or office, to take or refrain from taking, official action that he or she knows will result in a personal benefit for any of the following persons or entities:
(1) a relative of the city official or employee;
(2) a person with whom the city official or employee has a financial or business relationship, including but not limited to:
(A) an outside employer business of the city official, employee, or their relative, or someone who works for such outside employer of business;
(B) a client or substantial customer of the city official, employee, or their relative (SUBSTANTIAL means an amount exceeding 10 percent of the city official, employee, or their relative's income for the previous year);
(C) a debtor or creditor of the city official, employee, or their relative; or
(D) a person or business entity with whom the city official or employee, has, directly or indirectly, within the past 12 months,
(i) engaged in negotiations pertaining to a business opportunity, or
(ii) solicited an offer of employment, received, and not rejected an offer of employment, or accepted an offer of employment.
(b) Recusal and disclosure. A city official or employee whose conduct would violate Subsection (a) shall follow the recusal and disclosure requirements in Section 12A-24
of this chapter.
(c) Exceptions. A personal benefit does not include:
(1) salaries, compensation, or employee benefits when the salaries, compensation, or employee benefits are not given in exchange for a city employee's or city official's official action or lack of action;
(2) campaign or political contributions that are made and reported in accordance with state law;
(3) hospitality extended for a purpose unrelated to the official business of the city;
(4) a public award or reward in recognition of public service or professional achievement, if the award or reward is reasonable in light of the occasion;
(5) gifts or other ceremonial symbols of recognition presented by representatives of governmental bodies or political subdivisions who are acting in their official capacities;
(6) a loan from a lending institution made in its regular course of business on the same terms generally available to the public;
(7) complimentary copies of trade publications; and
(8) anything of value received as a devise, bequest, or inheritance.
(d) Municipal management district boards. The restrictions and requirements of this section do not apply to a member of a municipal management district board. (Ord. Nos. 32072; 32472
)
(a) If a city official or employee has a substantial interest in a business entity or in real property, the city official or employee shall file in accordance with Section 12A-24, before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter if:
(1) in the case of a substantial interest in a business entity, the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or
(2) in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a specific economic effect on the value of the property, distinguishable from the effect on the public.
(b) For purposes of this section, a person has a substantial interest if:
(1) in a business entity:
(A) the city official or employee owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity; or
(B) funds received by the city official or employee from the business entity exceed 10 percent of the person's gross income for the previous year.
(2) in real property, the city official or employee's interest is an equitable or legal ownership with a fair market value of $2,500 or more.
(c) A city official or employee is considered to have a substantial interest under this section if a relative of the city official or employee has a substantial interest under this section. (Ord. 32472)
(a) Special rules.
(1) Acquisition of interest in impending or decided matters. A city official or employee shall not acquire an interest (economic or otherwise) in any matter:
(A) if the official or employee knows that the interest will be affected by upcoming official action of the city.
(B) affected by an official action of the city for a period of one year after the date of the official action.
(2) Reciprocal favors. A city official or employee may not enter into an agreement or understanding with any other person that official action by the official or employee will be rewarded or reciprocated.
(3) Benefits to previous employers. A city official or employee may not, within 12 months of beginning his or her employment or service with the city, award a contract or participate in a matter benefiting a person or business entity that formerly employed the city official or employee.
(4) Area of notification conflict.
(A) General. A city official or employee shall not take official action on, or otherwise participate in, a matter if the city official or employee has an ownership interest, a lease, or other economic interest in a property within the area of notification listed in:
(1) Sections 51A-1.105(a) and (b) (zoning and board of adjustment applications);
(2) Section 51A-4.701 (authorized zoning cases);
For purposes of this paragraph, ECONOMIC INTEREST includes, but is not limited to, legal or equitable property interests in land, chattels, and intangibles, and contractual rights, having more than de minimis value.
(B) Recusal and disclosure. A city official or employee who has an ownership interest, a lease, or other economic interest in a property within the area of notification in Subparagraph (A) of this paragraph shall follow the recusal and disclosure requirements in Section 12A-24
of this chapter.
(b) Board of directors of a reinvestment zone.
(1) Notwithstanding any other provision of this section, a member of the board of directors of a reinvestment zone established under the Tax Increment Financing Act, as amended, may:
(A) own property within that reinvestment zone; and
(B) participate in discussions and voting on matters before the board of directors that may indirectly affect the member's property within the reinvestment zone, but must follow the recusal and disclosure requirements in Section 12A-24 on matters before the board of directors that may directly affect the member's property in the reinvestment zone.
(2) For purposes of this subsection, a matter directly affects a member's property in the reinvestment zone if the matter involves a project in the reinvestment zone that is:
(A) financed with tax increment funds; and
(B) located within 200 feet of the member's property.
(c) City officials and employees serving in policymaking positions for business entities at the direction of the city. The restrictions and requirements of Section 12A-24
of this chapter do not apply to a city official or employee serving as an officer or director or in any other policymaking position for a business entity when taking official action on behalf of the city on matters concerning that business entity, if the city official or employee:
(1) was appointed by the mayor, city council, or city manager to represent the city as an officer or director or in any other policymaking position for the business entity; and
(2) has no substantial economic interest in the business entity or in the matter on which the action is being taken as defined in Texas Local Government Code Section 171.002, as amended.
Loading...