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HomeMy WebLinkAboutOrdinance 16265-01-2005ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, TITLE VII "CODE OF ETHICS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY ADDING A NEW SUBSECTION (~ TO SECTION 2-262 PROVIDING THAT ANY PERSON REQUIRED TO FILE A PERSONAL FINANCIAL DISCLOSURE STATEMENT UNDER LOCAL GOVERNMENT CODE CHAPTER 145, THE SAME CALENDAR YEAR AS A CITY PERSONAL FINANCIAL STATEMENT IS REQUIRED UNDER CITY CODE SECTION 262, COMPLIES WITH THAT SECTION BY COMPLYING WITH CHAPTER X45 TO ELIMINATE DUPLICATIVE PERSONAL FINANCIAL DISCLOSURE STATEMENT FILING REQUIREMENTS FOR MUNICIPAL OFFICERS, CANDIDATES, A1~D MUNICIPAL OFFICE APPOINTEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND NAMING AN EFFECTIVE DATE. WHEREAS, Chapter 2, Title VII "Code of Ethics", Section 2-2b2 of the Code of the City of Fort Worth {198G), as amended, requires that municipal officers, candidates, and municipal office appointees file personal financial disclosure statements; WHEREAS, Section 2-265 of the City Code of the City of Fort Worth requires that said financial statements be filed on a form created and maintained. by the city secretary; WHEREAS, effective January 1, 2005, Local Government Cade Section 145.004 requires personal financial disclosure statement filing for municipal officers, candidates, and municipal office appointees in municipalities with a population of 100,000 or more; WHEREAS, the deadlines for filing personal financial disclosure statements under Local Government Code Chapter 145 differ from those required in Section 2-262 of the City Code of the City of Fort Worth; WHEREAS, Local Government Code Section 145.005(a) requires that the personal financial statement form used must be desigzaed by the Texas Ethics Commission under Government Code Chapter 572; WHEREAS, adherizag to both the City Code of the City of Fort Worth and Local Government Code personal financial statement filing requirements for municipal officers, candidates, and municipal office appairztees, would require multiple filings an two different forms; WFIEREAS, it is advisable to defer to State law to elirninate duplicative personal financial statement filings for municipal officers, candidates, and office appointees. NOW, TIIEREFORE, BE IT ORI]AINED BY TI~iE CITY COUNCIL OF THE CITY OF FORT WORTII, TEXAS: SECTION l.. That Chapter 2, Title VII "Code of Ethics", Section 2-262 "Financial Disclosure Statezx~ent", of the Code of the City of Fort Worth, Texas (1986}, as amended, is hereby further amended by adding a new subsection (f) to Section 2-262, which shall be and read as follows: (f) Any person required to file a State personal financial disclosure statement under Local Governanaent Code Chapter 145 during the same calendax year as a City personal financial disclosure statement is required to be filed by this section will be considered to have complied with this section by complying with Chapter 145. SECTION 2. This ordinance shall be cumulative of all pravisions of ordinances and of the Cade of the City of Fort Worth, Texas (1986), as amended, except where the pravisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which. event conflicting provisions of such ordinances anal such Code are hereby repealed. SECTION 3. 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 uncanstitutianality shall not affect any of the rezxzaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same wauld have been enacted by the City Council without the incorporation. in this ordinance of any such unconstitutianal phrase, clause, sentence, paragraph or section. 2 SECTION 4. All rights and remedies of the City of Fart Worth, Texas, are expressly saved as to any and all violations of the provisions of Section 2-262 of the Code of the City of Fort Worth (1986), as amended, or any other ordinances which have accrued at the time of the effective date of this ordinai~ee; and, as to such accrued vialatians and all pending litigation, both civil and criminal, whether pe~ading in court or not, under such ordinances, same shall not be affected by this ordinance but maybe prosecuted until final disposition by the courts. SECTION 5. This ordinance shall be effective upon adoption. APPROVED AS TO FORM AND LEGALITY: By: ~ ; ''rv ~ ~~r_-~F-~.} Assistant City Attorxaey ADOPTED: ~ ~ [~ ~~~ EFFECTIVE: ~ it 3 Cifi~ ®f F®rt 11V~-fil~, ~°~~r~s Mayor and Council Communication COUNCIL ACTION: Approved on 1118!2005 -Ordinance No. 16265 DATE: Tuesday, January 18, 2005 LOG NAME: 12PSF REFERENCE N®.: G-14655 SUEJECT: Adoption of an Ordinance Amending Section 2-262 of the Code of the City of Fort Worfih {1986}, as Amended, by Adding a New Subsection {f) to Eiiminate Duplicative Personal Financial Statemen# Filing Requirements RECOMMEN©ATION: it is recommended that the City Council adopt the attached ordinance amending Section 2-262 of the City Code, by adding a new subsection (f), to eliminate duplicative personal financiai statement fiiing requirements for City office holders, candidates and office appointees who, effective January 1, 2005 must fife under Local Government Code Chapter 145. ^ISCUSSION: f=ffective January 1, 2005, Local Government Cade Section 145.004 requires personal financial disclosure statement fiiing for municipal officers, candidates and persons appointed to municipal offices, in municipalities with a population of 100,000 or mare. The proposed subsection provides that filing the required information with the City Secretary on State- provided forms will satisfy the fiiing requirements of the City Code. The proposed new subsection reads as foliows: (f) Any person required to file a State personal financial disclosure statement under Locai Government Code Chapter 145 during the same calendar year as a City personal financial disclosure statement is required to be filed by this section will be considered to have complied with this section by complying wifih Chapter 145. This amendment to Section 2-262 of the City Code is necessary in order to defer to the State iaw and eliminate duplicative personal financial disclosure statement filings for City officers, candidates and those appointed #o Cifiy offices. 1=1SCAL INFORMATIONICERTII~{CATION, The Finance Director certifies that this action will have no materiai affect an the City's budget. TO FundlAccountlCenters Submitted for Ci Mana er's Office bv: Ori inatin De artment Head: Additional Information Contact: iFROM FundlAccountlCenters Richard Zavala {Acting) (8511) David Yett {7623) Amy Ramsey (7600) Logr~ame: 12PSF Page 1