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HomeMy WebLinkAboutOrdinance 20837-08-2013 ORDINANCE NO. 20837-08-2013 AN ORDINANCE AMENDING SECTION 2-261, "DEFINITIONS," OF DIVISION 5, "FINANCIAL DISCLOSURE," OF ARTICLE VII, "CODE OF ETHICS," IN CHAPTER 2, "ADMINISTRATION," OF THE CODE OF THE CITY OF FORT WORTH (1186) TO AMEND THE DEFINITION OF OFFICER TO ADD THE CITY INTERNAL AUDITOR; PROVIDING THAT THIS ORDINANCE SHALL, BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVF.RABILITY CLAUSE; AND NAMING:AN EFFECTIVE DATE. WHEREAS, the City's Code of Ethics in Division 5, "Financial Disclosure," requires officers to file a verified financial disclosure statement with the city secretary between August first and August fifteenth of each year, reflecting the officer's financial situation as of July first of that year and the officer's financial activity during the reporting period; and WHEREAS, Section 2-261, "Definitions," of Division 5 provides a definition of "officer" which includes the mayor, a member of the city council, the city manager, the city attorney, the city secretary, the city treasurer and the judges of the municipal courts but does not include the city internal auditor; and WHEREAS, per the City Charter, the city manager, the city attorney, the city secretary, the city internal auditor and the judges of the municipal courts are appointed by the city council; and WHEREAS, it is advisable to amend Section 2-261, "Definitions," of.Division 5 of the Code of Ethics to include the city internal auditor in the definition of"officer," subjecting the auditor to the same financial disclosure requirements as the elected and other appointed officials in the city. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS THAT: SECTION 1. Division 5, "Financial Disclosure," Section 2-261, "Definitions," of Chapter 2, "Administration," Article V11, "Code of Ethics," of the Code of the City of Fort Worth (1956) is amended to include the city internal auditor in the definition of Officer to read as follows: Ordinance No.20837-08-2013 Page 1 of 2 Sec. 2-261. -Definitions. Officer shall mean the mayor, a member of the city council, the city manager, the city attorney, the city secretary, the city treasurer, the city internal auditor and the judges of the municipal courts. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances 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 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 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. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY ��- C'�;��"d, " �s k �ar....,c tom.,,.�,, .�-��.. ✓ ,w�'� �„�,�,�'q� ity Attorney Mary J. Kayse ; it Secr6ry ADOPTED and EFFECTIVE: August 6. 2013 Ordinance No.20837-08-2013 Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: ;Approved on 816/2013 -Ordinance No, 20837-08.2013 DATE: Tuesday, August 06, 2013 REFERENCE NO.: **G-17954 LOG NAME: 12PFSCITYAUDITOR SUBJECT: Adopt Attached Ordinance Amending the City Code, Section 2-261, "Definitions," of Division 5, "Financial Disclosure,"of Article VII, "Code of Ethics," in Chapter 2, "Administration," to add the City Internal Auditor to the Definition of Officer for the Purpose of Financial Disclosure Requirements (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending the City Code, Section 2- 261, "Definitions," of Article VII, "Code of Ethics," in Chapter 2, "Administration," to add the City Internal Auditor to the definition of Officer subjecting the auditor to the same financial disclosure requirements as the elected and other appointed officials in the City. DISCUSSION: The City's Code of Ethics in Division 5, "Financial Disclosure," requires officers to file a verified financial disclosure statement with the City Secretary between August 1 st and August 15th of each year reflecting the officer's financial situation as of July 1 st of that year and the officer's financial activity during the reporting period. Section 2-261, "Definitions," of Division 5, provides a definition of"officer"which includes the Mayor, a member of the City Council, City Manager, City Attorney, City Secretary, City Treasurer and the Judges of the Municipal Courts but does not include the City Internal Auditor. Per the City Charter, the City Manager, City Attorney, City Secretary, City Internal Auditor and the Judges of the Municipal Courts are appointed by the City Council. Therefore, it is advisable to amend Section 2- 261, "Definitions," of Division 5, of the Code of Ethics, to include the City Internal Auditor in the definition of"officer", subjecting the auditor to the same financial disclosure requirements as the elected and other appointed officials in the City. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on city funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: ALL ACMs (6222) Originating Department Head: Sarah Fullenwider (7623) Additional Information Contact: Mary Kayser (6161) Logname: 12PFSCITYAUDITOR Page I of I