(a) The purpose of this article is to:
(1) ensure that city-funded officeholder accounts are used only for public purposes;
(2) ensure that city-funded officeholder accounts are not used as a gift or transfer of public funds to individuals or entities;
(3) prohibit the use of city-funded officeholder accounts for campaign purposes; and
(4) ensure the city-funded officeholder accounts are used in compliance with Texas Election Commission rules, regulations, and opinions. (Ord. 30391)
(a) Compliance with procurement requirements. Expenses from city-funded officeholder accounts must comply with the city's administrative directive and state law regarding procurements.
(b) Test for allowable expenses. City-funded officeholder accounts may only be used for official city business. An expense is for official city business if the expense:
(1) serves a public purpose of the city of Dallas, rather than serving a personal purpose or campaign purpose;
(2) helps to defray the cost of holding public office;
(3) is a reasonable amount for the goods or services purchased;
(4) is not a prohibited gift or transfer of public funds to an individual or entity; and
(5) is consistent with Texas Election Commission rules, regulations, and opinions for non-campaign expenses of officeholders.
(c) Opinions. City council members may request an opinion from the city attorney pursuant to Section 12A-33 as to whether an expense is allowed under this article and Chapter 12A. An opinion issued under this subsection is not binding on the Texas Election Commission.
(d) Permissible expenses. The following list illustrates permissible expenses for city-funded officeholder accounts (this is not an exhaustive list):
(1) Office supplies and equipment used in the city council member's office.
(2) Duplicating, printing, postage, courier service, and express mail expenses.
(3) Reimbursement for use of personal vehicles that are consistent with administrative directives.
(4) Telephone and cell phone expenses.
(5) Conferences, seminars, and training expenses.
(6) Reimbursement for mileage charges for use of city vehicles.
(7) Membership dues or fees in community service or civic organizations.
(8) Business entertainment expenses that are consistent with administrative directives.
(9) Ceremonial and protocol items.
(10) Supplemental temporary help and overtime.
(11) Reimbursement of travel expenses that are consistent with administrative directives.
(12) Newsletters to constituents that are not campaign communications, and determined by Texas Election Commission rules, regulations, or opinions.
(13) Nonpolitical advertising.
(14) An individual ticket for a city council member to events that are related to city business where the council member is attending as a representative of the city.
(e) Impermissible expenses. The following list illustrates impermissible expenses for city-funded officeholder accounts (this is not an exhaustive list):
(1) Purchase of city property, including unclaimed or surplus city property, and including any furniture or equipment used in the city council member's office, for personal use by a current city council member or a former city council member.
(2) Membership dues or fees in athletic clubs, social clubs, or any other organization not allowed by administrative directives.
(3) Any type of sponsorship of city or non-city events, such as purchasing a table at a fundraiser event or providing funds in exchange for being listed as an event sponsor.
(4) Purchase of food, drink, decorations, caterers, audio-visual, or supplies for non-city events.
(5) Hiring individuals or entities to provide products or services, such as improvements to a park or purchase of street furniture, that are not related to the cost of holding public office.
(6) Promotional items intended primarily to promote the public image of the city council member.
(7) Expenses to acquire or manage software used to maintain mail or email lists of constituents for personal or campaign purposes.
(8) 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 and Texas Election Commission rules, regulations, and opinions.
(9) Use of city employees or city supplies for campaign purposes or for the personal business of the city council member.
(f) Deficits and surpluses.
(1) Expenditures from a city-funded officeholder account may not exceed the amount allocated by the city manager for that city-funded officeholder account. City council members who exceed the budgeted amount of their city-funded officeholder account shall be personally liable for the amount exceeded.
(2) Funds may not be transferred from one city-funded officeholder account to another city-funded officeholder account.
(3) Any surplus remaining in a city-funded officeholder account at the end of a fiscal year reverts to the fund from which the monies were appropriated.
(g) Campaign contributions and donations.
(1) Campaign contributions may not be deposited into the city-funded officeholder account. Instead, campaign contributions should be deposited into a campaign account maintained by the city council member separate from the city financial system.
(2) Donations made to the city may not be earmarked for use by specific city council members. Donations to the city must comply with Section 12A-5.1.
(h) Reporting.
(1) City council members must file an annual statement with the City Secretary itemizing expenses paid from city-funded officeholder accounts during the prior fiscal year. The annual statement must be on a form provided by the City Secretary and filed with the City Secretary no later than 5:00 p.m. on April 30 or when the council member vacates office, whichever is sooner. If April 30 is a Saturday, Sunday, city holiday, or furlough day, the deadline is extended to 5:00 p.m. of the next business day. The annual statement must include to whom the expense was paid, the date the expense was paid, a description of the expense, and the dollar amount of the expense.
(2) These reporting requirements are in addition to any reporting requirements set out in the Dallas City Code or state law. (Ord. 30391)
(a) If the city secretary receives a written complaint alleging a violation of this article, the city secretary shall forward this information to the city attorney for investigation and appropriate enforcement action, if warranted.
(b) The Ethics Advisory Commission shall have jurisdiction to consider a violation of this article pursuant to the procedures detailed in Chapter 12A.
(c) A person commits an offense if that person discriminates against, harasses, threatens, harms, damages, penalizes, or otherwise retaliates against any person for refusing to violate this article; filing a complaint alleging a violation of this article; or for testifying, assisting, or participating in an investigation, proceeding, or hearing under this article. (Ord. 30391)