For the purposes of this Code of Ethics, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ADVISORY BOARD. A board, commission or committee that is intended to function only in an advisory or study capacity on a permanent basis, whether specified or implied.
ARTICLE. Chapter 2, Article VII, Code of Ethics of the Code of the City of Fort Worth Texas (1986), as amended.
BENEFIT. Anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any person in whom the beneficiary has a substantial interest, but does not include a political contribution as defined by Tex. Election Code Title 15.
BUSINESS ENTITY. A sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust or any other entity recognized by law.
CITY ATTORNEY. The city attorney and any assistant city attorney appointed pursuant to Chapter VI of the Charter of the City of Fort Worth, Texas.
CITY SECRETARY. The city secretary and any assistant city secretary appointed pursuant to Chapter III of the Charter of the City of Fort Worth, Texas.
DOMESTIC PARTNER. An individual of the same or opposite gender as the person referred to in this Article, who has lived in the same household as that person for at least six months and shares resources of life in a close, personal intimate relationship with that person, neither of whom is married or related by blood, if, under Texas law, the individual would not be prevented from marrying the person referred to in this Article on account of consanguinity or prior undissolved marriage to another.
EMPLOYEE. Any person employed by the city whether under civil service or not (except firefighters and police officers who are covered by state civil service laws), including those individuals on a part-time basis, but such term shall not be extended to apply to any independent contractor.
HEARING OFFICER. A resident attorney appointed by the city council pursuant to Division 3 of this article to hear appeals of determinations made by the ethics review commission.
INTENT or INTENTIONALLY. A person acts intentionally, or with intent, with respect to the nature of his or her conduct or to a result of his or her conduct when it is his or her conscious objective or desire to engage in the conduct or cause the result.
KNOWINGLY. A person acts knowingly, or with knowledge, with respect to the nature of his or her conduct or to circumstances surrounding his or her conduct when he or she is aware of the nature of his or her conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his or her conduct when he or she is aware that his or her conduct is reasonably certain to cause the result.
OFFICER. Any member of the city council and any person appointed by the mayor or city council to a board, commission or committee established by ordinance, Charter or state law, including hearing officers appointed pursuant to Division 3; provided, no member of an advisory board, task force or any other committee that functions only in an advisory or study capacity shall be deemed an officer.
RESIDENT. A person whose home and fixed place of habitation to which that person intends to return after any temporary absence is located within the corporate limits of the City of Fort Worth, as determined in accordance with Tex. Election Code § 1.015.
SUBSTANTIAL INTEREST.
(1) A person has a
SUBSTANTIAL INTEREST in a business entity if:
a. The interest is ownership of 10% or more of the voting stock or shares of the business entity or ownership of either 10% or more or $15,000 or more of the fair market value of the business entity; provided, however, that if any ownership interests specified in Tex. Local Government Code § 171.002(a)(1), or a successor statute conflict with any ownership interests specified herein, Tex. Local Government Code § 171.002(a)(1), or the successor statute shall control;
b. Funds received by the person from the business entity exceed 10% of the person’s gross income for the previous year; provided, however, that if any ownership interests specified in Tex. Local Government Code § 171.002(a)(2), or a successor statute conflict with any ownership interests specified herein, Tex. Local Government Code § 171.002(a)(2), or the successor statute shall control;
c. The person holds a position as a member of the board of directors or other governing board of the business entity;
d. The person serves as an elected officer of the business entity;
e. The person is an employee of the business entity;
f. The person is a creditor, debtor or guarantor of any person, group or business entity in the amount of $5,000 or more; or
g. Property of the person has been pledged to a person, group or business entity or is subject to a lien in favor of the person, group or business entity in the amount of $5,000 or more.
(2) A person does not have a
SUBSTANTIAL INTEREST in a business entity if:
a. The person holds a position as a member of the board of directors or other governing board of a business entity;
b. The person has been designated by the city council to serve on such board;
c. The person receives no remuneration, either directly or indirectly, for his or her service on such board; and
d. The primary nature of the business entity is either charitable, nonprofit or governmental.
(3) A person has a
SUBSTANTIAL INTEREST in real property if the interest is an equitable or legal ownership interest with a fair market value of $2,500 or more; provided, however, that if the ownership interest specified in Tex. Local Government Code § 171.002(b), or a successor statute conflict with the ownership interest specified herein, Tex. Local Government Code § 171.002(b), or the successor statute shall control.
(4) A person has a
SUBSTANTIAL INTEREST in a business entity or in real property if a person related to the person in the first degree by consanguinity or affinity or if the person’s domestic partner has a substantial interest in a business entity or in real property under this article. A person is related in the first degree by consanguinity to his or her father, mother, son and daughter. A person is related in the first degree by affinity to his or her spouse, stepchild, father-in-law, mother-in-law, son-in-law and daughter-in-law.
TASK FORCE. A board, commission or committee that functions only in a study capacity in order to assist the city council in addressing a specific issue or issues on a temporary or short-term basis and to conclude its business within a limited amount of time, whether specified or implied, and that is not empowered to take any final action other than the delivery of written or verbal reports and recommendations to the city council, the city manager or another party designated by the city council.
WRITTEN OPINION OF THE CITY ATTORNEY. Any written or recorded communication of the city attorney, including, but not limited to, a formal written opinion, memorandum, report, handwritten notice, electronic mail communication, facsimile communication or a communication preserved by audio or video recording.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012)