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(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
)