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Editor’s note:
Ord. 20548-12-2012, § 1, adopted December 18, 2012, amended this division in its entirety as set forth below. Prior to the passage of that ordinance, this division pertained to similar subject matter and derived from Ord. 10617, § 1(1), adopted June 26, 1990. Prior to the passage of that ordinance, this division pertained to similar subject matter and derived from 1964 Code, § 43-1(A) through (E); Ord. 7582, § 1, adopted July 26, 1977; Ord. 7704, § 1, adopted February 21, 1978; Ord. 7830, § 1, adopted October 17, 1978; Ord. 8041, § 1, adopted February 5, 1980 and Ord. 8778, § 1, adopted April 12, 1983.
(a) It is hereby declared to be the policy of the city that the proper operation of democratic government requires that public officials and employees be independent, impartial and responsible only to the people of the city and that governmental decisions and policy should be made in the proper channels of the governmental structure. To implement such a policy, the city council deems it advisable to enact this Code of Ethics for all officers, employees and advisory board members, whether elected or appointed, paid or unpaid, to serve not only as a guide for official conduct of the city’s public servants, but also as a basis for discipline for those who fail to abide by its terms. This Code of Ethics is cumulative of other ordinances, City Charter provisions and state statutes defining and prohibiting conflict of interest. This § 2-236 is intended to reflect the general intent behind this Code of Ethics and shall not be deemed to be a part of the Code of Ethics or serve as a basis for a violation of this Code of Ethics.
(b) This Code of Ethics has five primary purposes:
(1) To encourage high ethical standards in official conduct by officers, employees and advisory board members;
(2) To establish minimum standards of conduct for officers, employees and advisory board members;
(3) To establish an ethics review commission;
(4) To provide a process for the filing and resolution of complaints asserting violations of this article; and
(5) To provide sanctions for violations of this Article.
(c) This Code of Ethics is not intended to be nor shall it be used as a political weapon to intimidate or embarrass any person covered herein.
(d) Task forces, as defined in § 2-237, shall conduct their meetings in accordance with the requirements imposed on a governmental body by the Texas Open Meetings Act, Tex. Government Code Chapter 551.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012)
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)
(a) No officer, employee or advisory board member shall knowingly:
(1) Accept or solicit, or knowingly allow his or her spouse or domestic partner to accept or solicit, any benefit from any person, group or business entity that might reasonably tend to influence the officer, employee or advisory board member in the discharge of his or her official duties;
(2) Grant in the discharge of his or her official duties any improper benefit to any person, group or business entity;
(3) Accept or solicit, or knowingly allow his or her spouse or domestic partner to accept or solicit, any benefit, including a promise of future employment, of sufficient economic value that it might reasonably tend to influence the officer, employee or advisory board member in the discharge of his or her official duties, from any person, group or business entity:
a. That is licensed or has a substantial interest in any business entity that is licensed by any city department, agency, commission or board on which the officer, employee or advisory board member serves; or
b. That has a financial interest in any proposed ordinance or decision upon which the officer, employee or advisory board member may or must act or make a recommendation; provided, however, that any officer, employee or advisory board member, and any spouse or domestic partner thereof, may accept travel and related expenses and attend ceremonial functions, provided that such acceptance and attendance have been approved by the city council prior to the occurrence of the ceremonial function.
(4) a. Disclose any confidential information gained by reason of the position of the officer, employee or advisory board member concerning the property, operations, policies or affairs of the city, or use such confidential information to advance any personal interest, financial or otherwise, of such officer, employee or advisory board member, or others.
b. This subsection (a)(4) shall not preclude disclosure of such confidential information in connection with any investigation or proceeding regarding whether there has been a violation of the standards of conduct set forth in this article.
(5) Use one’s position or office of employment, or city facilities, personnel, equipment or supplies for the private gain of the officer, employee or advisory board member, or for the private gain of his or her spouse or domestic partner.
(6) Engage or knowingly allow his or her spouse or domestic partner to engage in any exchange, purchase or sale of property, goods or services with the city, except:
a. Rendering services to the city as an officer, employee or advisory board member;
b. The paying of taxes, fines, utility service or filing fees;
c. Subject to restrictions contained in the City Charter, executing and performing any community facilities contract or plat in compliance with laws and regulations applicable to any person; provided, however, that if any city ordinance, rule or regulation allows any discretion by the appropriate officers or employees in the interpretation or enforcement of such ordinance, rule or regulation any such discretion shall be exercised in favor of the city in connection with any such community facilities contract or plat; and
d. Members of advisory boards who are not otherwise officers or employees of the city, may engage in any exchange, purchase or sale of property, goods or services with the city, or enter into a contract with the city, provided, however, that the board of which they are a member has no advisory function or cognizance, direct or indirect, present or prospective, with respect to the transaction in which such advisory board member engages or proposes to engage.
(b) No salaried officer or employee shall knowingly represent, directly or indirectly, any person, group or business entity:
(1) Before the city council or any department agency, board or commission of the city;
(2) In any action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, board or commission thereof is a party; or
(3) In any action or proceeding in the municipal courts of the city which was instituted by an officer or employee in the course of official duties, or a criminal proceeding in which any officer or employee is a material witness for the prosecution.
(c) No member of a city board or commission, other than a task force, shall knowingly represent, directly or indirectly, any person, group or business entity:
(1) Before the board or commission of which he or she is a member;
(2) Before a board or commission which has appellate jurisdiction over the board or commission of which he or she is a member;
(3) Before the city council in a matter over which the board or commission of which he or she is a member has authority or an advisory function, direct or indirect, present or prospective, provided that a member of an advisory board who has been elected or appointed to serve as chair or acting chair may present a recommendation to the city council on a matter over which the advisory board has authority if a majority of the members of the advisory board have voted in favor of such recommendation;
(4) In any action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, board or commission thereof is a party; or
(5) In any action or proceeding in the municipal courts of the city which was instituted by an officer or employee in the course of official duties, or a criminal proceeding in which any officer or employee is a material witness for the prosecution.
(d) No member of a task force shall knowingly represent, directly or indirectly, any person, group or business entity:
(1) Before a board or commission which has appellate jurisdiction over the task force of which he or she is a member; or
(2) Before the city council in a matter over which the task force of which he or she is a member has an advisory function, provided that a member of task force who has been elected or appointed to serve as chair or acting chair may present a recommendation to the city council on a matter over which the task force has authority if a majority of the members of the task force have voted in favor of such recommendation.
(e) The restrictions in this section do not prohibit the following:
(1) An employee or member of a city board or commission (other than city council), or his or her spouse or domestic partner, appearing before the city council or a city department, agency, board or commission to represent himself or herself in a matter affecting his or her property: provided, however, that no such person, or his or her spouse, shall appear before the board or commission of which he or she is a member;
(2) An employee or officer of an employee organization appearing before the city council or a city department, agency, board or commission to address employment matters;
(3) Otherwise eligible employees or their spouses or domestic partners from participating in federal or state-funded programs administered through the City of Fort Worth where the benefits of such programs are available to members of the general public and where the employee has no administrative, evaluative or decision-making authority concerning the program in which he or she wishes to participate;
(4) A partner, associate or relative of a member of the city council, or of a salaried officer or employee, from representing a person, group or business entity in an action or proceeding in the municipal courts of the city which was instituted by an officer or employee in the course of official duties, or in a criminal proceeding in which an officer or employee is a material witness for the prosecution; or
(5) A member of a task force from participating in or voting on any matter before the task force to which the member has been appointed, notwithstanding any other provision of this section.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012)
(a) If any officer, employee or advisory board member has a substantial interest in any business entity or real property directly and particularly involved in any decision pending before such officer, employee, or advisory board member, or the body of which he or she is a member, such officer, employee or advisory board member shall disclose such interest as provided in subsection (c) below and shall not, except as provided in subsection (b) below, vote or otherwise participate in the consideration of the matter.
(b) If any of the following interests are directly and particularly involved in any decision pending before any officer, employee or advisory board member, or the body of which he or she is a member, such officer, employee or advisory board member must disclose such interest as provided in subsection (c) below, but he or she shall be permitted to vote on and participate in the consideration of such matter:
(1) A decision concerning a bank or other financial institution from which the officer, employee or advisory board member has a home mortgage, automobile loan or other installment loan, if the loan is not currently in default, was originally for a term of more than two years and cannot be accelerated except for failure to make payments according to the terms thereof;
(2) A decision concerning a bank or other financial institution in which the officer, employee or advisory board member holds a savings account, checking account or certificate of deposit and which is fully insured by the U.S. government or an agency thereof;
(3) A decision concerning a business entity with which the officer, employee or advisory board member has a retail or credit card account;
(4) A decision concerning the approval of substitution of collateral by a city depository bank;
(5) A decision concerning real property in which the officer, employee or advisory board member has a substantial interest if it is not reasonably foreseeable that such decision would have a special economic effect on the value of the property, distinguishable from the effect on the public (see Tex. Local Government Code § 171.004);
(6) A decision concerning the refund of property taxes to a business entity in which the officer, employee or advisory board member has a substantial interest, if such refund is required because of a double payment of taxes or a judicially or administratively determined reduction in the valuation of the taxed property;
(7) A decision concerning a business entity with which the officer, employee or advisory board member has a stock brokerage or securities account; and
(8) A decision concerning whether the city should accept a gift from a business entity in which the officer, employee or advisory board member has a substantial interest.
(c) A officer, employee or advisory board member shall disclose the existence of any substantial interest in any person, business entity or real property involved in any decision pending before such officer, employee or advisory board member, or the body of which he or she is a member. To comply with this subsection (c), an officer or advisory board member shall, prior to any discussion or determination of the matter, either file an affidavit of disclosure as required by Tex. Local Government Code § 171.004 or, if not so required, shall publicly disclose in the official records of the body or of the city secretary the nature of the interest. To comply with this subsection (c), an employee shall notify his or her superior in writing of the nature of any substantial interest he or she may have in a person, business entity or real property which would be affected by an exercise of discretionary authority by the employee and such superior shall assign the matter to another employee.
(d) The provisions of subsections (a), (b) and (c) above shall not apply in the following circumstances:
(1) When an officer, employee or advisory board member, or the body of which he or she is a member, is involved in a decision concerning the levy of a special improvement district assessment against real property which is owned by a person, group or business entity in which the officer, employee or advisory board member has a substantial interest if:
a. Assessments are levied at a uniform rate throughout the district; and
b. Such rate is applied to the value of the real property as shown on current Tarrant appraisal district appraisal rolls.
(2) When a task force member is involved in any matter or decision before the task force to which the member has been appointed.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012)
Notwithstanding anything to the contrary in this article, a person does not violate any provision of this division for conduct undertaken in reasonable reliance, either directly or indirectly, upon a written opinion of the city attorney that was either provided prior to the conduct complained against or requested prior to the conduct complained against and provided not later than 15 business days following the date of such request.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012)
Editor’s note:
Ord. 20548-12-2012, § 1, adopted December 18, 2012, amended this division in its entirety as set forth below. Prior to the passage of that ordinance, this division pertained to the Ethics Review Committee and derived from Ord. 10617, § 1(3), adopted June 26, 1990.
(a) Creation. There is hereby created an Ethics Review Commission ("ERC"). The ERC shall be composed of five persons, one of whom shall be an attorney appointed in accordance with subsection (b). The remaining four persons shall be selected by random draw method from certain existing city boards and commissions in accordance with subsection (c).
(b) Attorney appointee to the ERC. The city council shall appoint by majority vote an attorney who is in good standing with the State Bar of Texas and has been licensed to practice law in the State of Texas for at least five consecutive years. The attorney shall not be appointed for a definite fixed time and may be removed by the city council at any time and for any reason by majority vote. The attorney appointed pursuant to this subsection (b) may not be a member of another city board, commission or committee if the ERC has jurisdiction under this article to review the conduct of that person as a member of such other board, commission or committee. This provision does not prohibit other persons selected pursuant to subsection (c) and who are also licensed attorneys from serving on the ERC.
(c) Other appointees to the ERC.
(1) The remaining four persons shall be selected to serve on the ERC in accordance with the process outlined in this subsection (c) in the following circumstances:
b. The city council by majority vote or the city manager of his or her own volition requests the city secretary to convene the ERC for purposes of exercising any other of its delegated powers under § 2-241.
(2) Upon the occurrence of one of the qualifying events set forth in subsection (c)(1), the city secretary shall compile the names of all then-current members of the zoning commission, the plan commission, and the boards of adjustment and then use a random draw method to select four persons on those boards to serve as members of the ERC. Each of the four persons selected must be Residents of different city council districts. If the city secretary draws the name of a person who resides in the same city council district as a person whose name already has been drawn, the city secretary shall discard that name and proceed to draw another name until four persons who are residents of different city council districts have been selected. The city secretary promptly shall notify in writing the four persons selected to serve on the ERC for that complaint and shall also provide written notice of those selections to the city council, the city manager, and the city attorney.
(3) If the ERC is being convened to hear an ethics complaint, the four persons selected to serve on the ERC pursuant to this subsection (c) shall serve until that complaint has been fully adjudicated by the ERC pursuant to and in accordance with § 2-251 and, if applicable, § 2-252. If the ERC is being convened to exercise any other of its delegated powers under § 2-241, the four persons selected to serve on the ERC pursuant to this subsection (c) shall serve until the ERC has fulfilled the stated purpose for its assembly. There is no limit to the number of times a person may serve on the ERC pursuant to the selection process outlined in this subsection (c).
(4) If the ERC is being convened to hear an ethics complaint, and the person who filed the complaint or the person complained against is a member of the zoning commission, the plan commission, or the boards of adjustment, the persons selected to serve on the ERC pursuant to this subsection (c) may not be members of those boards.
(5) If the ERC is being convened to hear an ethics complaint, and the person who filed the complaint or the person complained against is a member of the city council, the persons selected to serve on the ERC pursuant to this subsection (c) may not be residents of the city council district represented by the city council member who is involved in the complaint.
(6) If a person selected to serve on the ERC pursuant to this subsection (c) cannot fulfill his or her duties as a member of the ERC due to illness, travel, or another bona fide reason, or otherwise refuses to serve on the ERC, that person shall be requested to confirm that fact with the city secretary in writing within 15 calendar days of receipt of the service notification. In this event, the city secretary shall repeat the process outlined in subsection (c)(2) until a substitute has been selected.
(d) Qualifications. All members shall be residents of the city who are at least 18 years of age. Additionally, no member of the ERC may be:
(1) A member of the city council or the spouse or domestic partner of a member of the city council;
(2) An employee or the spouse or domestic partner of an employee;
(3) An elected public official; or
(4) A candidate for elected public office.
(e) Chairperson; quorum; number of members necessary to act. Once the ERC is convened, it shall at its first meeting thereafter elect a chairperson and a vice-chairperson to serve in that capacity until the ERC has concluded its business. The vice-chairperson shall act as chairperson in the absence of the chairperson. Three or more members of the ERC shall constitute a quorum. No action of the ERC shall be of any force or effect unless it is adopted by the favorable votes of three or more of the members.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012; Ord. 23992-12-2019, § 1, passed 12-17-2019)
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