(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
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