(A) Standards for immediate family members. It is unlawful for an immediate family member to intentionally or knowingly:
(1) Solicit, accept or agree to accept from another person any benefit that the member's relative, who is a city officer or employee, is prohibited from soliciting, accepting or agreeing to accept under state law;
(2) Misuse any official information obtained from the member's relative, who is a city officer or employee, to which the relative has access by virtue of the relative's office or employment and that has not been made public, in a manner prohibited as to the relative under state law; or
(3) Misuse, as defined in Tex. Penal Code § 39.01, any city property, services, personnel or any other thing of value belonging to the city that has come into the member's custody or possession by virtue of the office or employment of the member's relative who is a city officer or employee.
(B) Representation and appearance at meetings.
(1) No city officer or employee shall knowingly:
(a) Appear before the body of which the officer or employee is a member, as a representative for any private person, including the officer or employee or any immediate family member, or any group or interest;
(b) Represent, directly or indirectly, any private person, including the officer or employee or any immediate family member, or any group or interest in any action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, commission or board thereof is a party;
(c) Accept other employment or engage in outside activities incompatible with the full and proper discharge of city duties or that might impair independent judgment in the performance of city duties; or
(d) Make a false statement of material fact at a public meeting.
(2) This division shall not be construed to deprive an officer or employee of the right to due process under the law, including the right to represent himself/herself in a court proceeding.
(C) Representation by Council members. No City Council member shall knowingly represent any private person, including the City Council member or any immediate family member, or any group or interest in any matter before any department, agency, commission or board of the city, except that City Council members may represent their interests in their owner-occupied homesteads before a board, agency, commission or department of the city other than the City Council.
(D) Representation in municipal court. In any action or proceeding in the municipal court which is instituted by a city officer or employee in the course of official duties:
(1) No City Council member shall knowingly represent any private person other than himself or herself. If a City Council member elects to have a trial in municipal court, the City Council, without the participation of the affected City Council member, will appoint a special judge to preside over the trial.
(2) No city officer or employee shall knowingly represent any private person other than himself or herself, including any immediate family member, or any group or interest.
(E) Representation in land use and development matters. A member of the Planning and Zoning Commission shall not knowingly represent the member or any other person, group or interest in any matter before the Zoning Board of Adjustments involving land use or development, and a member of the Zoning Board of Adjustments shall not knowingly represent the member or any other person, group or interest in any matter before the Planning and Zoning Commission involving land use or development. This division does not apply to members representing their interests in their owner-occupied homesteads.
(F) Prohibited use of city position. A city official or employee shall not use his or her position to unfairly advance or impede private interests, or to grant or secure, or attempt to grant or secure, for any person (including himself or herself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. A city official or employee who represents to a person that the official or employee may provide an advantage or impediment to the person based on the official's or employee's office or position violates this rule.
(Ord. 2019-01-O, passed 1-15-2019)