(a) Ethics advisory commission. An independent outside attorney, who does not otherwise represent the city, a city official, or an employee in his or her official capacity, may be appointed by the city council, at the recommendation of the city attorney, to serve as legal counsel to the ethics advisory commission for a particular case whenever:
(1) a complaint is filed relating to:
(A) an alleged violation of this chapter by a city council member; or
(B) an alleged violation of this chapter by a city employee who is a department director or of higher rank;
(2) the ethics advisory commission requests such an appointment; or
(3) the city attorney requests such an appointment for good cause shown.
(b) City official or employee charged in a complaint.
(1) Once an information is filed by the inspector general with the ethics advisory commission, a city official or employee named as the respondent in the information may retain an independent outside attorney, who does not otherwise represent the city, a city official, or an employee in his or her official capacity, approved by the city attorney to serve as the person's legal counsel for a particular case.
(2) If a city official or employee charged in a complaint retains an independent outside attorney from an approved list provided by the city attorney, the city will pay the reasonable and necessary fees not to exceed the median hourly rate from the most recent State Bar of Texas salary survey for the Dallas- Fort Worth-Arlington metropolitan statistical area, as well as the reasonable costs of that attorney from the time the inspector general files the complaint with the ethics advisory commission through the conclusion of the evidentiary hearing. The ethics advisory commission shall review the invoice submitted by outside council and determine whether the fees and costs are reasonable and necessary in accordance with this paragraph.
(3) If the ethics advisory commission finds that the city official or employee committed a violation of this chapter, the city official or employee shall reimburse the city for the fees and expenses of an attorney retained under Paragraph (2).
(c) Complaints filed against employees within the Division of the Inspector General. If a complaint is filed against the inspector general or any employee within the Division of the Inspector General, the city attorney shall retain an independent outside attorney, who does not otherwise represent the city, a city official, or the inspector general in his or her official capacity to investigate the complaint to its conclusion in accordance with Article IX. (Ord. Nos. 32072
; 32472
)