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HomeMy WebLinkAboutCP 157 a MASES FILE-1 mir 00 ACCOUNTING-2 TRANSPORTATIONIPUBILIC ky0y S4 11111 +TER ADMINISTRATIdN 4 Will d1l POLICY PROPOSAL DATE FILE NUMBER SUBI1ECT Amendments to Section 2-238c PAGE OF_ 12-18-90 CP-157 "Standards of Conduct," Fort Worth I �Qtj Code PROPOSAL PROPOSED BY: C MANAGSI!'S EVIEW ouncilmembers Cha ell and Granger -i)aaj � It is proposed that City Council adopt the attached ordince amending Section 2-238c) , "Standards of Conduct," Fort north City Code. Background: On December 6, 1990, City Council adopted Ordinance No. 10739 which amended Section 2-238, "Standards of Conduct," of the Fort Worth City Code. This ordinance contains the following provision: rrc) No member of a City board or commission shall .knowingly represent, directly or indirectly, any person, group or business entity: 1) before the City Council or the board of which he or she is a member; rr i City Councilmembers have received several calls from board and commission members who occasionally represent organizations before City Council on matters of public concern. Ordinance No. 10739 prohibits such representation and is unnecessarily restrictive. This problem could be resolved by adopting the attached ordinance. The ordinance would prohibit members of boards or commissions from representing persons, groups or business entities before City Council only if such representation was done for compensation. Other appearances before Council would be permitted. This amendment would eliminate an unnecessary restriction yet still provide adequate protection against conflicts of interest. Board and commission members would continue to be prohibited from representing private interests before the boards or commissions of which they are members. Legality: The City Attorney has reviewed the above proposal and there are no known legal impediments. LEGALITY ® OFFICIAL RECORD FISCAL NOTE 0 CITY JEMARY CITY MANAGER'S COMMENTS FT. WORTH, TEX. POLICY PROPOSAL (cont'd) PAGE-OF Fiscal Notes: None. City Manager's Comments: The City Manager has no objections to this proposal . Councilmember David Chappell District No. 9 Councilmember Kay Granger District No. 4 APPROVED BY. CITY COUNCIL Adopted Ordinance No. 01Q DEC 1s 1990 chr of The OFFICIAL WORD Cft 4 fkm Wee*ZN=WCITY SECR ITARY I FT. WORTH T, i CITY OF FORT WORTH ORDINANCE NO. � J AN ORDINANCE AMENDING CHAPTER 2, ARTICLE VII, "CODE OF ETHICS" , OF THE CODE OF THE CITY OF FORT WORTH, TEXAS ( 1986 ) , AS AMENDED , BY CHANGING SECTION 2-2381 "STANDARDS OF CONDUCT" , TO PROVIDE REGULATIONS CON- CERNING THE REPRESENTATION OF PERSONS , GROUPS OR BUSINESS ENTITIES BEFORE THE CITY COUNCIL, CITY DEPART- MENTS, AGENCIES , BOARDS AND COMMISSIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 2, Article VII, "Code of Ethics " , of the Code of the City of Fort Worth, Texas ( 1986 ) , as amended, be and is hereby further amended by changing subsection c ) in Section 2-238, "Standards of Conduct" , to read as follows: "c) No member of a City board or commission shall knowingly represent, directly or indirectly, any per- son, group or business entity: 1) before the City Council, for compensation; or 2 ) before the board or commission of which he or she is a member; or 3) before a board or commission which has appel- late jurisdiction over the board or commis- sion of which he or she is a member; or 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 a City officer or employee in the couxse of official duties, or a criminal proceeding in which any City officer or employee is a material witness for the prosecution. " tu� � F. WORTH, j EX. SECTION II. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas ( 1986 ) , as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION III . It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences , clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, para- graphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sen- tence, paragraph or section. SECTION IV. The City Secretary of the City of Fort Worth, Texas, is hereby directed to engross and enroll this ordinance by copying the caption, Section I and the effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. x qY oN s9x°� 2 p 1• TEX SECTION V. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE• 11{�1 ger,,• �,.; � I 3 t!. `�YtO��Ti�, iL . ' r POLICY PROPOSAL DATE FILE NUMBER SUM ECT Amendments to Section 2-238c PAGE 12-18-90 CP-157 "Standards of Conduct, " Fort North Code PROPOSAL PROPOSED BY: CITY,MANAGER'S EVIEW Councilmembers Cha ell and Gran er It is proposed that City Council adopt the attached ordin ce amending Section 2-238c) , "Standards of Conduct , " Fort Worth City Code. Background: On December 6, 1990 , City Council adopted Ordinance No. 10739 which amended Section 2-238, "Standards of Conduct , " of the Fort Worth City 'ode. This ordinance contains the following provision: "c) No member of a City board or commission shall .knowingly represent , directly or indirectly, any person, group or business entity: 1) before the City Council or the board of which he or she is a member; City Councilmembers have received several calls from board and commission members who occasionally represent organizations before City Council on matters of public concern. Ordinance No . 10739 prohibits such representation and is unnecessarily restrictive. This problem could be resolved by adopting the attached ordinance. rhe ordinance would prohibit members of boards or commissions from representing persons , groups or business entities before City Council only if such representation was done for compensation. Other appearances before Council would be permitted. This amendment would eliminate an unnecessary restriction yet still provide adequate protection against conflicts of interest . Board and commission members would continue to be prohibited from representing private interests before the boards or commissions of which they are members. Legality: The City Attorney has reviewed the above proposal and there are no known legal impediments . LEOAUTY © _ ---- - r FISCAL NOTE ® .j 1 ; J CITY MANAGER'S COMMENTS rijT I FT POLICY PROPOSAL (cont'd) PAGE_OF Fiscal Notes : None. City Manager 's Comments : The City Manager has no objections to this proposal . Councilmember David Chappell District No. 9 Councilmember Kay Granger District No . 4 CITY OF FORT WORTH