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HomeMy WebLinkAboutOrdinance 7582 ORDINANCE NO. 7582 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, TEXAS, (1964), AS AMENDED, BY ADDING THERETO A NEW CHAPTER DESIGNATED AS CHAPTER 43, "CODE OF ETHICS"; PROVIDING A SEVERABILITY CLAUSE; AND, NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 . That the Code of the City of Fort Worth, Texas, (1964), as amended, be and the same is hereby amended by adding thereto a new chapter designated as "Chapter 43 Code of Ethics", which chapter shall read and be as follows: "CHAPTER 43" CODE OF ETHICS "Sec. 43-1 . A. Declaration of Policy. 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 inde- pendent, impartial and responsible only to the people of the City; that the governmental decisions and policy be made in the proper channels of the governmental structure; that no officer, employee or member of any standing committee or board, should have any interest, financial or otherwise, direct or indirect, or engage in any business, transaction or professional activity or incur any obligation of any nature which is in con- flict with the proper discharge of his duties in the public interest; that public office and public employ- ment are positions of public trust imposing the duty of a fiduciary upon all employees and officeholders, who are not to use their public position for personal gain. To implement such a policy, the City Council deems it advisable to enact this code of ethics for all officials and employees, whether elected or appointed, paid or unpaid, to serve not only as a guide for official con- duct of the city"s public servants, but also as a basis for discipline for those who refuse to abide by its terms. B. Definitions. For the purposes of this Ordinance the fol- lowing words and phrases shall have the meanings respectively ascribed to them by this section: 1. EMPLOYEE. Any person employed by the City whether under civil service or not, except firemen and policemen, including those individuals on a part-time basis but such term shall not be extended to apply to any independent contractor. 2. OFFICER. Any member of the City Council and any appointive member of a board, commission or committee set up by ordin- ance, Charter or state law on a permanent basis, but not members of a temporary board, commission or committee that functions only in an advisory or study capacity. 3. SUBSTANTIAL INTEREST. An individual has a "substantial interest" in a business entity if he: (a) has controlling interest in the business entity; or (b) has ownership in excess of ten percent (10%) of the voting interest or of the fair market value of the business entity, whether as a shareholder, partner, or otherwise; or (c) has any participating interest, either direct or indirect, by share, stock, or otherwise, whether or not the voting rights are included in the profits, proceeds, or capital gains of the business entity in ex- cess of 10/; or (d) holds a position of member of the board of directors of other governing board of a business entity; or (e) serves as an elected officer of the business entity; or (f) is an employee of a business entity; or (g) is a creditor, debtor or guarantor of any person, firm, corporation or business en- tity in the amount of $ 5,000.00 or more. 4. INTENT OR INTENTIONALLY. An individual acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when -2- it is his conscious objective or desire to engage in the conduct or cause the result. 5. KNOWINGLY. An individual acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. C. Standards of Conduct. No officer or employee of the City, or their spouses, shall knowingly: (a) Accept or solicit any gift or favor from any person, corporation or association of per- sons that might reasonably tend to influence him in the discharge of his official duties, or grant in the discharge of his official duties any improper favor, service or thing of value in consideration of such city officer or employee having exercised any official power or having performed any official duty. (b) Accept or solicit any thing of value, including a promise of future employment or a favor or service from any person, corporation or association of persons (a) who is licensed or has a substantial interest in any business entity that is licensed by the City, or by any department, agency, commission, or board on which the officer or employee serves, or (b) who has a personal financial interest in any proposed or- dinance or decision upon which the city officer or employee may or must act or make a recommend- ation. (c) Disclose any confidential information gained by reason of the position of the officer or employee 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 or employee, or others. This paragraph shall not apply to any violation of this ordinance. (d) Use one's position or office of employment, or the City facilities, personnel, equipment, or supplies, for the private gain of the city officer or employee. -3- (e) Engage in any exchange, purchase, or sale of property, goods, or services with the City, or enter into any contract with the City, except (a) rendering services for which the officer or employee is engaged by the City, (b) the paying of fines, utility franchise, or filing fees, and taxes, (c) subject to restrictions contained in the Charter of the City of Fort Worth, executing and performing any community facilities con- tract or plat in compliance with laws and regulations applicable to any person; pro- vided, however, that if any City ordinance, rule or regulation allows any discretion by the appropriate officers or employees of the City 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. No officer or employee of the City shall knowingly: (a) Appear before the body of which the officer or employee is a member as a repre- sentative for any private person, group, or interest, or represent, directly or indir- ectly, any private person, group, or interest before any department, agency, commission or board of the City of Fort Worth. (b) Represent, directly or indirectly, any private person, 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) Represent, directly or indirectly, any . other private person, group, or interest in any action or proceeding in the municipal courts of the City of Fort Worth which was instituted by a city officer or employee in the course of official duties, or a criminal proceeding in which any city officer or employee is a material witness for the prosecution. D. Disclosure of Interest. If any city officer or employee has a sub- stantial interest, direct or indirect, in any individual or entity involved, in any decision pending before such officer or employee, or the body of which the officer or employee is a member, the officer or employee shall not -4- vote or otherwise participate in the consid- eration of the matter, but shall publicly dis- close the nature and extend of such interest in the official records of the body prior to any discussion or determination of the matter. E. Discipline and Review. (a) The failure of the city officer or employee to comply with, or the violation by such officer or employee of any of the standards of conduct set forth in this Article, which apply to him, shall constitute grounds for reprimand, expulsion, removal from office or discharge. (b) in the case of a city employee, any such disciplinary or removal action, and any appeals therefrom, shall be conducted in conformance with procedures established by the City Charter and by personnel rules and regulations. Where no specific appeal procedure is otherwise prescribed, the ap- peal shall be to the Trial Board as described in the City Charter, Chapter XXIV, Section 9. (c) In the case of a member of the unclassified service as described in the City Charter, any disciplinary action shall be ordered by the City Manager. (d) In the case of any officer or employee appointed by the Council, any disciplinary action shall be de- cided by a majority of the City Council. (e) In the case of a member of the City Council any disciplinary action or removal or expulsion of a member shall be decided by a unanimous vote of all of the remaining members of the City Council. (f) It is not the intention of the City Council in the adoption of this ordinance that violations thereof shall be subject to criminal penalties. SECTION 2. 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 or- dinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the re- -5- maining 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 3. That this Ordinance shall take effect immediately from and after the date of its passage and it is so ordained. APPROVED AS TO FORM AND LEGALITY: S. G. Johndroe, Jr. City Attorney ADOPTED: July_26 1977 EFFECTIVE: July 26, 1977