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(a) Improper access. A city official or employee shall not use his or her position to access official information about any person or entity for any purpose other than the performance of official responsibilities.
(b) Improper disclosure or use. A city official or employee shall not knowingly disclose any confidential government information gained by reason of the official's or employee's position. This subsection does not prohibit:
(1) any disclosure that is no longer confidential government information;
(2) the confidential reporting of illegal or unethical conduct to authorities designated by law; or
(3) any disclosure, not otherwise prohibited by law, in furtherance of public safety.
(c) Disclosure of a closed meeting. A city official or employee shall not knowingly disclose to a member of the public the certified agenda, the recording, or the discussion had within a meeting that was lawfully closed to the public, unless the disclosure is made with lawful authority.
(a) Representation before the city.
(1) General rule.
(A) Representation for compensation. A city official or employee shall not represent, for compensation, any person, group, or entity (other than themselves or the city official's or employee's relative) before the city. For purposes of this subsection, "compensation" means money or any other thing of value that is received or is to be received in return for or in connection with such representation.
(B) Representation without compensation. A city official or employee who is a member of a board, commission, or body shall not represent any person, group, or entity before:
(i) that city official's or employee's board, commission, or body;
(ii) city staff having responsibility for making recommendations to, or taking any action on behalf of, that board, commission, or body; or
(iii) a board, commission, or body that has appellate jurisdiction over the board, commission, or body of which the city official or employee is a member, if any issue relates to the official's or employee's duties.
(2) Exceptions. The restrictions in this subsection do not apply to:
(A) A person who is a city official only because that person is an appointed member of a board, commission, or body, may represent for compensation a person, group, or entity before the city so long as the representation is not before the board, commission, or body that the person is a member of.
(B) If the representation is before a board, commission, or body, of which the city official or employee is a member, that is only advisory in nature.
(C) An employee who is a duly designated representative of an association of municipal employees may represent that association before the city if otherwise permissible by state law.
(D) A member of a municipal management district board.
(3) Prestige of office and improper influence. In connection with the representation of private interests before the city, a city official or employee shall not:
(A) assert the prestige of the city official's or employee's position for the purpose of advancing private interest; or
(B) state or imply that the city official or employee can influence city action on any basis other than the merits.
(4) Campaign disclosure.
(A) Applicability.
(1) A person who was paid to participate in, or served as a campaign treasurer in, a sitting councilmember's most recent city council campaign and who represents themselves, their client, their employer, or another third party at a public or private city meeting where at least one councilmember is present must disclose that participation. A "campaign treasurer" is the person designated as a campaign treasurer for a candidate under the Texas Election Code.
(2) A person who represents at a public or private city meeting where at least one councilmember is present the interests of a person or entity that was paid to participate in a sitting councilmember's most recent city council campaign must disclose that participation.
(B) Disclosure requirement. Campaign participation must be disclosed verbally immediately:
(1) after stating his or her name and address for the record during a public city meeting where the representation is taking place; or
(2) at the beginning of a private city meeting.
The most recent campaign includes both the campaign for the general election and the runoff election, if applicable.
(b) Representation in litigation adverse to the city.
(1) Officials and employees (other than board and commission members). A city official or employee, other than a person who is classified as an official only because that person is an appointed member of a board, commission, or body, shall not represent any person, group, or entity (other than themselves or their relative) in any litigation to which the city is a party, if the interests of that person, group, or entity are adverse to the interests of the city. This rule does not prohibit an employee who is a duly designated representative of an association of municipal employees from such representation if otherwise permissible under state law.
(2) Board and commission members. A person who is a city official only because that person is an appointed member of a board, commission, or body shall not represent any person, group, or entity (other than themselves or their relative) in any litigation to which the city is a party, if the interests of that person, group, or entity are adverse to the interests of the city and the matter is substantially related to the official's duties to the city.
(3) Affiliates of officials and employees. Subject to applicable professional ethical standards, the restrictions stated in Subsections (b)(1) and (b)(2) do not apply to representation by a partner or other affiliate of a city official or employee so long as the city official or employee does not participate in any manner whatsoever in the partner's or affiliate's representation.
(a) General rule. A city official or employee shall not:
(1) solicit, accept, or engage in concurrent outside employment that could reasonably be expected to impair independence of judgment in, or faithful performance of, official duties; or
(2) personally provide services for compensation, directly or indirectly, to a person or organization that is requesting an approval, an investigation, or a determination from the body or department of which the official or employee is a member.
(b) Exception. The restrictions stated in Subsection (a) do not apply to:
(1) outside employment of a city official if the employment is the official's primary source of income; or
(2) a member of a municipal management district board.
(c) Other rules. The general rule stated in Subsection (a) applies in addition to all other rules relating to outside employment of city officials and employees, including requirements for obtaining prior approval of outside employment as applicable.
(d) Public utility corporations. An employee of the city may accept employment from a public utility corporation enjoying the grant of a franchise, privilege, or easement from the city if the:
(1) employee is to perform the duties of a security guard for the public utility corporation;
(2) employment is approved by the employee's department head; and
(a) A city official or employee shall not use, request, or permit the use of city facilities, personnel, equipment, or supplies for private purposes (including political purposes).
(b) A city council member shall not use, request, or permit the use of city facilities, personnel (including
city employees), equipment, or supplies for any campaign expenditure, campaign contribution, political advertising, or campaign communication as defined in Title 15, "Regulating Political Funds and Campaigns," of the Texas Election Code, as amended, and Texas Ethics Commission rules, regulations, and opinions.
(c) City officials and employees may not apply for or obtain an incentive offered by the city, including grants, loans, tax abatements, and tax credits, unless the incentive is available to the general public, the application is evaluated under the same criteria that apply to the general public, and the incentive is subject to the same terms and conditions that apply to the general public. (Ord. Nos. 24316; 30391; 32072; 32472)
(a) City officials. In any election, except the city official's own, a city official shall not:
(1) use the prestige of the city official's position with the city on behalf of a candidate, political party, or political committee, except in connection with:
(A) an endorsement, a city official (who is a city official only because that person is an appointed member of a board, commission, or body) is not prohibited from lending the city official's name so long as the office held with the city is not mentioned;
(B) any election ordered by the City of Dallas on a proposition or measure, a city council member is not prohibited from lending the city official's name and official city title; and
(C) any election for public office, a city council member is not prohibited from lending the city council member's name and office held.
(2) serve as the designated campaign treasurer for a candidate under the Texas Election Code; or
(3) solicit or receive contributions for a candidate, political party, or political committee, except that a city official is not prohibited from serving on a steering committee to plan a program of solicitation and listing the city official's name without reference to the office held when the committee as a whole is listed.
(b) Employees. A city employee may become a candidate for public office. A city employee may not be disciplined, including termination, solely because the city employee becomes a candidate for public office. The city employee must, however, still fulfill all the duties and responsibilities associated with his or her city employment.
(c) Influencing subordinates. A city official or employee shall not, directly or indirectly, induce or attempt to induce any city subordinate of the official or employee to:
(1) participate in an election campaign, contribute to a candidate or political committee, or engage in any other political activity relating to a particular party, candidate, or issue; or
(2) refrain from engaging in any lawful political activity.
A general statement merely encouraging another person to vote does not violate this subsection.
(d) Paid campaigning. A city official or employee shall not, directly or indirectly, accept anything of value for political activity relating to an item pending on the ballot, if the official or employee participated in, or provided advice relating to, the exercise of discretionary authority by a city body that contributed to the development of the ballot item. For purposes of this subsection, "anything of value" does not include a meal or other item of nominal value the city official or employee receives in return for providing information on an item pending on the ballot.
(e) Official vehicles. A city official or employee shall not display or fail to remove campaign materials on any city vehicle under his or her control.
(f) Elections. A city employee shall not use the prestige of his or her position with the city on behalf of any candidate, political party, or political committee.
(g) Charter provisions. A city official or employee shall comply with the provisions governing political activity in Chapter XVI, Section 16
of the city charter.
(a) Charter restrictions relating to financial interests in city contracts. Except as provided in Section 12A-20
(c), a city official or employee shall comply with the restrictions on financial interests in city contracts in Chapter XXII, Section 11
of the city charter. The restrictions on financial interests in a city contract in Chapter XXII, Section 11
of the city charter do not apply to a nominee or member of a city board or commission except as provided in Subsection (b) and Section 12A-20
(c).
(b) Additional restrictions relating to city contracts. A city official or employee may not, while in the service or employment of the city, either individually or as the officer or principal of an entity:
(1) submit a bid or proposal to make any city contract, whether or not the contract is required by state law to be competitively bid; or
(2) negotiate or enter into any city contract whether or not the contract is required by state law to be competitively bid.
(c) Exceptions. The restrictions in Subsections (a) and (b) do not apply to a member of a:
(1) board, commission, or body that is advisory only;
(2) committees or task forces formed by boards or commissions;
(3) board of a nonprofit development corporation that acts as an instrumentality of the city; or
(4) municipal management district board.
(d) Restrictions relating to the first year of employment. During the first year of city service, a city official or employee shall not participate in the making or awarding of a contract or attempt to use their official position to influence a city decision relating to a contract if a party to the contract is a person or entity by whom the city official or employee was employed within one year before beginning city service. (Ord. Nos. 24316; 27504; 27819; 29645; 30391
; 32072
; 32472
)
No person shall, directly or indirectly, communicate with any city official of any quasi- judicial city board or commission regarding any adjudicative matter that is, or may reasonably be expected to be, pending before the board or commission, unless a full disclosure of the communication is simultaneously made available to every other party to the matter. This prohibition does not apply to any communication by a city employee with the city board or commission in the performance of the city employee's official duties. (Ord. Nos. 32072
; 32472
)
(a) General rule. A city official or employee whose conduct or action on a matter would violate any section in Articles II
and III
of this chapter must recuse themselves. From the time that the conflict is recognized, the city official or employee shall:
(1) immediately refrain from further participation in the matter, including discussions with any other persons likely to consider the matter; and
(2) promptly file with the city secretary a written statement disclosing the conflict of interest.
(b) Additional recusal and disclosure requirements. In addition to the requirements of Subsection (a):
(1) A supervised employee shall promptly bring that person's conflict to the attention of a supervisor, who will then, if necessary, reassign responsibility for handling the matter to another person;
(2) the park and recreation director shall promptly bring that person's conflict to the attention of the park and recreation board;
(3) the civil service director shall promptly bring that person's conflict to the attention of the civil service board;
(4) the employees' retirement fund administrator shall promptly bring that person's conflict to the attention of the board of trustees of the employees' retirement fund;
(5) a municipal judge shall promptly bring that person's conflict to the attention of the administrative municipal judge;
(6) the city manager, city attorney, city secretary, city auditor, inspector general and administrative municipal judge shall promptly bring that person's conflict to the attention of the city council;
(7) a board or commission member shall promptly disclose that member's conflict to the board or commission of which that person is a member and shall not be present during any discussion or voting on the matter; and
(8) a city council member shall promptly disclose that member's conflict to the city council and shall not be present during any discussion or voting on the matter.
(c) Exception to the recusal requirement. If a city official is required to file and does file a written statement disclosing a conflict of interest under Subsection (a), the official is not required to abstain from further participation in the matter requiring the written statement if a majority of the members of the city council, a board or commission, or another city body of which the official is a member is composed of persons who are likewise required to file and who do file written statements of similar interest on the same official action. (Ord. Nos. 30391; 32072
; 32472
)