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The Dallas City Code
CITY OF DALLAS, TEXAS CODE OF ORDINANCES
CHARTER of THE CITY OF DALLAS, TEXAS
VOLUME I
PREFACE
CHAPTER 1 GENERAL PROVISIONS
CHAPTER 2 ADMINISTRATION
CHAPTER 3 ADVERTISING
CHAPTER 4 RESERVED
CHAPTER 5 AIRCRAFT AND AIRPORTS
CHAPTER 5A AIR POLLUTION
CHAPTER 6 ALCOHOLIC BEVERAGES
CHAPTER 6A AMUSEMENT CENTERS
CHAPTER 7 ANIMALS
CHAPTER 7A ANTI-LITTER REGULATIONS
CHAPTER 8 BOARDS AND COMMISSIONS
CHAPTER 8A BOARDING HOME FACILITIES
CHAPTER 9 BICYCLES
CHAPTER 9A BILLIARD HALLS
CHAPTER 9B BUILDING SECURITY
CHAPTER 9C RESERVED
CHAPTER 10 RESERVED
CHAPTER 10A RESERVED
CHAPTER 10B RESERVED
CHAPTER 11 CEMETERIES AND BURIALS
CHAPTER 12 CITY YOUTH PROGRAM STANDARDS OF CARE
CHAPTER 12A CODE OF ETHICS
CHAPTER 12B CONVENIENCE STORES
CHAPTER 13 COURTS, FINES AND IMPRISONMENTS
CHAPTER 13A DALLAS TRANSIT SYSTEM
CHAPTER 14 DANCE HALLS
CHAPTER 14A RESERVED
CHAPTER 14B EMERGENCY MANAGEMENT
CHAPTER 15 RESERVED
CHAPTER 15A ELECTIONS
CHAPTER 15B EQUAL EMPLOYMENT OPPORTUNITY CONTRACT COMPLIANCE
CHAPTER 15C EMERGENCY REPORTING EQUIPMENT AND PROCEDURES
CHAPTER 15D EMERGENCY VEHICLES
CHAPTER 16 DALLAS FIRE CODE
CHAPTER 17 FOOD ESTABLISHMENTS
CHAPTER 18 MUNICIPAL SOLID WASTES
CHAPTER 19 HEALTH AND SANITATION
CHAPTER 19A RESERVED
CHAPTER 20 EARNED PAID SICK TIME
CHAPTER 20A FAIR HOUSING AND MIXED INCOME HOUSING
CHAPTER 21 RESERVED
CHAPTER 22 RESERVED
CHAPTER 23 RESERVED
CHAPTER 24 LIBRARY
CHAPTER 25 LOAN BROKERS
CHAPTER 25A MASSAGE ESTABLISHMENTS
CHAPTER 26 RESERVED
CHAPTER 27 MINIMUM PROPERTY STANDARDS
CHAPTER 28 MOTOR VEHICLES AND TRAFFIC
VOLUME II
VOLUME III
ARTICLE X.
ENFORCEMENT, CULPABLE MENTAL STATE, AND PENALTIES.
SEC. 12A-55.   GENERAL.
   The remedies contained in this article are available whenever the ethics advisory commission finds a violation or violations of this chapter. (Ord. Nos. 24316; 32072; 32472)
SEC. 12A-56.   VIOLATIONS; PENALTY.
   A person who violates any of the laws, ordinances, and rules listed in Section 12A-50(a)(2), or who fails to perform an act required of the person by any of the laws, ordinances, and rules listed in Section 12A-50(a)(2), commits a violation of this chapter. (Ord. Nos. 30391; 32072; 32472)
SEC. 12A-57.   CULPABLE MENTAL STATE.
   To commit a violation under any provision of this chapter, a person must have acted or failed to act knowingly or with knowledge. (Ord. Nos. 24316; 32072; 32472)
SEC. 12A-58.   DISCIPLINARY ACTION.
   (a)   An employee who fails to comply with this chapter or who violates this chapter may be disciplined in accordance with city personnel rules and procedures.
   (b)   If a city council member fails to comply with this chapter or violates this chapter, the sanction must be decided by the city council in accordance with the city charter.
   (c)   If a member of a board or commission fails to comply with this chapter or violates this chapter, the sanction must be decided by the city council in accordance with the city charter.
   (d)   If the civil service director, the park and recreation director, or the employees' retirement fund administrator fails to comply with this chapter or violates this chapter, they may be disciplined in accordance with the personnel rules and the sanction must be decided by their respective boards.
   (e)   If the city manager, city attorney, city auditor, city secretary, or a municipal judge fails to comply with this chapter or violates this chapter, they may be disciplined in accordance with the personnel rules and the sanction must be decided by the city council.
   (f)   If a former city official or former city employee fails to comply with this chapter or violates this chapter, the sanction must be decided by the city council.
   (g)   If a person who is not a current or former city official or a current or former city employee fails to comply with this chapter or violates this chapter, the sanction must be decided by city council.
   (h)   Settlement agreements approved by the ethics advisory commission must include the final sanction, if any. (Ord. Nos. 24316; 30391; 32072; 32472)
SEC. 12A-59.   SANCTIONS.
   (a)   In determining sanctions based on a recommendation of the ethics advisory commission, the person or entity imposing the sanction shall take into consideration the recommendation of the ethics advisory commission and the following factors:
      (1)   The culpability of the person charged.
      (2)   The harm to public or private interests resulting from the violation.
      (3)   The necessity of preserving public trust in the city.
      (4)   Whether there is evidence of a pattern of disregard for ethical standards.
      (5)   Whether remedial action has been taken that will mitigate the adverse effects of the violation.
   (b)   For current city employees, the sanctioning person shall take appropriate action in accordance with the personnel rules, and may impose any of the following additional sanctions:
      (1)   Referral to ethics training. The sanctioning person may require a city employee to attend ethics training. When recommending a referral to ethics training, the ethics advisory commission shall include in the recommendation the manner and quantity of training based on the type and severity of the violation.
      (2)   Referral for damages or injunction. The sanctioning person may refer the violation to the city attorney for an action to recover damages to the city or to enjoin prohibited actions.
      (3)   Referral for criminal prosecution. The sanctioning person may refer the violation to the Dallas Police Department, if the sanctioning person finds that the violation warrants criminal prosecution.
   (c)   For the civil service director, the park and recreation director, or the employees' retirement fund administrator, the sanctioning entity shall take appropriate action in accordance with the personnel rules, and may impose any of the following additional sanctions:
      (1)   Referral to ethics training. The sanctioning entity may require the person to attend ethics training. When recommending a referral to ethics training, the ethics advisory commission shall include in the recommendation the manner and quantity of training based on the type and severity of the violation.
      (2)   Referral for damages or injunction. The sanctioning entity may refer the violation to the city attorney for an action to recover damages to the city or to enjoin prohibited actions.
      (3)   Referral for criminal prosecution. The sanctioning entity may refer the violation to the Dallas Police Department, if the sanctioning entity finds that the violation warrants criminal prosecution.
   (d)   For the city manager, city attorney, city auditor, city secretary, or a municipal judge, the city council shall take appropriate action in accordance with the personnel rules, and may impose any of the following additional sanctions:
      (1)   Referral to ethics training. The city council may require the person to attend ethics training. When recommending a referral to ethics training, the ethics advisory commission shall include in the recommendation the manner and quantity of training based on the type and severity of the violation.
      (2)   Referral for damages or injunction. The city council may refer the violation to the city attorney for an action to recover damages to the city or to enjoin prohibited actions.
      (3)   Referral for criminal prosecution. The city council may refer the violation to the Dallas Police Department, if the city council finds that the violation warrants criminal prosecution.
   (e)   For a city council member, a board or commission member, a former city official, or a former city employee, the city council may impose any of the following sanctions:
      (1)   Letter of notification. The city council may issue a letter of notification if the city council finds that a violation of this chapter was clearly unintentional. A letter of notification must advise the person of any steps to be taken to avoid future violations.
      (2)   Letter of admonition. The city council may issue a letter of admonition if the city council finds that the violation of this chapter was minor, but where the circumstances call for a more substantial response than a letter of notification.
      (3)   Referral to ethics training. The city council may require a current city official to attend ethics training. When recommending a referral to ethics training, the ethics advisory commission shall include in the recommendation the manner and quantity of training based on the type and severity of the violation.
      (4)   Reprimand. The city council may issue a reprimand if the city council finds that a violation of this chapter was not minor and was committed intentionally or through reckless disregard of this chapter.
      (5)   Resolution of censure. The city council may adopt a resolution of censure if the city council finds that a serious or repeated violation of this chapter has been committed intentionally or through reckless disregard of this chapter and the violation substantially threatens the public trust.
      (6)   Voiding of prior actions. The city council may, to the extent allowed by law, void any prior city council or city board or commission action that approved any decision, agreement, award, or contract if the action was taken as a result of a violation of this chapter and the interests of the city require voiding of the prior action.
      (7)   Suspension from office. The city council may suspend a current city official other than a city council member from office for a period determined by the city council if the city council finds that a serious or repeated violation of this chapter was committed intentionally or through culpable disregard of this chapter. Any proceedings for suspension of a current city official shall be in compliance with the city charter and state law.
      (8)   Removal from office. The city council may remove a current city official, including a city council member, from office if the city council finds that a serious or repeated violation of this chapter was committed intentionally or through culpable disregard of this chapter and future violations are likely to occur. Any proceedings for removal of a current city official from office shall be in compliance with the city charter and state law.
      (9)   Referral for damages or injunction. The city council may refer the violation to the city attorney for an action to recover damages to the city or to enjoin prohibited actions.
      (10)   Referral for criminal prosecution. The city council may refer the violation to the Dallas Police Department, if the city council finds that the violation warrants criminal prosecution.
   (f)   For a person who is not a current or former city official or a current or former city employee (e.g., lobbyists, people doing business with the city, resident), the city council may impose any of the following sanctions:
      (1)   Letter of notification. The city council may issue a letter of notification if the city council finds that a violation of this chapter was clearly unintentional. A letter of notification must advise the person of any steps to be taken to avoid future violations.
      (2)   Letter of admonition. The city council may issue a letter of admonition if the city council finds that the violation of this chapter was minor, but where the circumstances call for a more substantial response than a letter of notification.
      (3)   Reprimand. The city council may issue a reprimand if the city council finds that a violation of this chapter was not minor and was committed intentionally or through reckless disregard of this chapter.
      (4)   Resolution of censure. The city council may adopt a resolution of censure if the city council finds that a serious or repeated violation of this chapter has been committed intentionally or through reckless disregard of this chapter and the violation substantially threatens the public trust.
      (5)   Disqualification from contracting or lobbying. The city council may, to the extent allowed by law, prohibit the person from entering into contracts with the city or from lobbying before the city on behalf of clients. The scope and duration of the disqualification shall be determined by the city council.
      (6)   Voiding of prior actions. The city council may, to the extent allowed by law, void any prior city council or city board or commission action that approved any decision, agreement, award, or contract if the action was taken as a result of a violation of this chapter and the interests of the city require voiding of the prior action.
      (7)   Referral for damages or injunction. The city council may refer the violation to the city attorney for an action to recover damages to the city or to enjoin prohibited actions.
      (8)   Referral for criminal prosecution. The city council may refer the violation to the Dallas Police Department, if the city council finds that the violation warrants criminal prosecution. (Ord. Nos. 30391; 32072 ; 32472 )
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