HomeMy WebLinkAbout(0047) M&C 19-0383City 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 Charter 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