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HomeMy WebLinkAboutOrdinance 23981-12-2019 ORDINANCE NO. 23981-12-2019 AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION", TO ADD A NEW SECTION, SECTION 2-15,"FORMER CITY OFFICERS" TO ARTICLE I, "IN GENERAL" OF THE CODE OF THE CITY OF FORT WORTH TO ADDRESS CONFLICTS OF INTEREST OF CERTAIN FORMER EMPLOYEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE;PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, improper benefits may arise from official dealings with external organizations or with individuals who could offer public servants employment opportunities in exchange for preferential treatment and from the misuse of confidential or non-public information for personal benefit after leaving the employ of government; and WHEREAS; all public servants have a responsibility to minimize the possibility of real, apparent or potential conflict of interest between their responsibilities within their service to the public and their subsequent employment outside the public service; and WHEREAS; council members requested staff to explore a policy that would provide for a cooling-off period to prohibit certain members of staff and appointed officials from being able to solicit the City of Fort Worth on behalf of another person, organization or company with the intent to influence after leaving their position; and WHEREAS;cooling-off period policies are not uncommon in governmental organizations and these post-employment measures reinforce the integrity of the public service by preventing public servants from improperly benefiting themselves or others after they leave their positions with the government; and WHEREAS,a survey of several other Texas cities found that the typical cooling-off period in policies are for a one-year period and are restricted to certain individuals; and WHEREAS, the proposed ordinance would apply to appointed officials, department directors and assistant directors or any employee of the City who had substantial and personal involvement in the handling of a matter or as a supervisor making decisions with respect to the matter, exercised discretion or decision-making in the handling of a matter for one year. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: 1 SECTION 1. Chapter 2, Administration, Article I, In General, is hereby amended to add a new section, Section 2-15, Former City Officers, to read as follows: ARTICLE I. IN GENERAL Section 2-15. FORMER CITY OFFICERS (a) Definitions For purposes of this section: Former City Officer shall mean any person, who immediately prior to his or her Departure Date with the City, was: 1. The City Manager, Assistant City Manager, City Attorney, City Secretary, City Auditor, Municipal Judge or Municipal Pro Tem Judge; 2. A Director or Assistant Director of a City Department; or 3. An employee of the City who had substantial and personal involvement in the handling of a matter as defined herein. Notwithstanding the foregoing, a Former City Officer does not include any individual whose employment with the City was terminated or eliminated due to Job Outsourcing. Departure Date means the last day of employment with the city. When leave time is taken prior to termination, the departure date is the last day of the leave period. Job Outsourcing means the transfer under an arrangement overseen by the City Manager of an individual's job duties with the City to another entity that will employ that individual to carry out the same or similar job duties. Substantial and Personal Involvement means that a person, either as a person assigned to handle or participate in the handling of the matter or as a supervisor making decisions with respect to the matter, exercised discretion or decision-making in the handling of a matter. (b) No Former City Officer shall, during the one year period following his or her Departure Date from the City, communicate directly with a member of the city council, a city employee, or a board or commission to influence municipal legislation or administrative action unless lobbying on behalf of another governmental agency as its employee or as a consultant under contract with the governmental agency. This subsection does not apply to a board or commission that is only advisory in nature. (c) No Former City Officer shall, within one year period following his or her Departure Date, enter into a contractual relationship with the city or hold more than a 20 percent interest in any entity that has a contractual relationship with the city. Any violation of this subsection, with knowledge, express or implied of the person or entity will render the contract voidable by the City Manager or the City Council. If the contract is voided,the individual or company 2 shall be barred from additional contracting with the city for a period of three years. This subsection does not apply to contracts awarded on a competitive bid basis. (d) A Former City Officer shall be prohibited from communicating directly with the Mayor, a member of the City Council or a city employee in an attempt to secure access to information not otherwise available to the general public. (e) Nothing in this subsection shall prohibit a Former City Officer from accepting employment with the city or another entity following his Departure Date. (f) Nothing in this subsection shall prohibit a Former City Officer from serving on a City board or commission. (g) A Former City Officer is afforded the same rights as any citizen to address the City Council in public meetings for their own benefit or to make uncompensated direct communications to the City Council relating to matters of purely civic or public concern (h) Any violation of this Ordinance shall be punished by a fine of not more than Five Hundred Dollars($500.00)for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances 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 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections 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, paragraphs 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, sentence, paragraph or section. SECTION 4. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the Code of the City of Fort Worth,or any other ordinances of the City,that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts. SECTION 5. Any person,firm,or corporation who violates,disobeys,omits,neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined an amount not exceeding five hundred dollars($500.00)for each offense. Each day that a violation exists shall constitute a separate offense. 3 SECTION 6. The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two(2)days in the official newspaper of the City of Fort Worth,Texas, as authorized by Texas Local Government Code, Section 52.013. SECTION 7. All other provisions of Chapter 2 of the Code of the City of Fort Worth, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 8. This ordinance shall take effect upon adoption and publication as required by law. APPR VED AS Tq FORM AND LEGALITY: ATTEST: � arah J.Fulle wider Mary J.Kays ity S etary City Atto y ADOPTED: December 10,2019 EFFECTIVE: p �q SdX... OGO' `t1, 4 City of Fort Worth,Texas Mayor and Council Communication DATE: 12/10/19 M&C FILE NUMBER: M&C 19-0383 LOG NAME: 12COOLING OFF PERIOD SUBJECT Adopt Ordinance Amending the City Code to Institute a Cooling Off Period by Prohibiting Former Appointed Officials and Certain Former Employees from Contracting with or Lobbying Before the City for a Period of One Year After Leaving City Employment(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance revising Chapter 2"Administration,"of the Code of the City of Fort Worth, Texas(2015)to prohibit former appointed officials and certain former City employees from contracting with or lobbying before the City for a period of one year after leaving City employment. DISCUSSION: The purpose of this Mayor and Council Communication(M&C)is to enact a cooling off period that would apply to former City appointed officials and other identified former City employees. Under the City Chatter and the City's Ethics Code, active City appointed officials and employees are generally precluded from entering into contracts with the City or obtaining private benefit from their public-sector positions. Many other government entities across the country at the federal, state,and local levels impose similar restrictions on former officials and employees for a specific period of time after they leave their public-sector roles. Currently,the City does not have such a restriction,and in certain, relatively rare, instances former City appointed officials and employees who leave the City immediately turn around and begin working to lobby the City or obtain contracts or business with the City-either on their own personal financial behalf or as paid representatives of third parties. Adoption of the attached ordinance would amend the City Code to institute a one-year cooling off period during which the identified former City officials would be prohibited from lobbying the City or contracting with the City. Affected City officials would consist of the City Manager, City Attorney, City Auditor, City Secretary, Municipal Judges,Assistant City Managers, Department Heads,Assistant Department Directors, and employees with substantial and personal involvement,including exercising discretion or decision-making in the handing of the matter involved with the particular lobbying or contract subject. This ordinance would not apply to any employee whose job duties are transferred to another entity that has agreed to carry out functions previously undertaken by the City,such as,for example,the Fort Worth Zoological Association,which took on responsibilities to manage and operate the Fort Worth Zoo;the assumption of duties of the former City Health Department by Tarrant County;and the anticipated arrangement with the Botanical Research Insitute of Texas(BRIT)under which BRIT would operate and manage the Botanic Gardens, Failure to comply with the cooling off period could result in the contract being voided and a citation and fine of up to$500.00. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that the proposed changes will have no material effect on City funds. Submitted for City Manager's Office by: ALL ACMs 6222 Originating Business Unit Head: Sarah Fullenwider 7623 Additional Information Contact: Sarah Fullenwider 7623