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HomeMy WebLinkAboutOrdinance 7650 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, TEXAS, (1964) , AS AMENDED, BY ADDING NEW SECTIONS TO CHAPTER 43, DESIGNATED AS SECTIONS 43-5 THROUGH 43-9 INCLUSIVE; PRO- VIDING FOR THE FILING OF FINANCIAL DISCLOSURE STATEMENTS BY CERTAIN OFFICERS OF THE CITY OF FORT WORTH AND CANDIDATES FOR ELECTIVE OFFICE; PROVIDING A PENAL CLAUSE; PROVIDING A SEVER- ABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, T EXA S: I. That the Code of the City of Fort Worth, Texas, (1964) , as amended, be and the same is hereby amended by adding thereto new sections designated as Sections 43-5 through 43-9 inclusive which Sections shall be and read as follows: "SECTION 43-5 FINANCIAL DISCLOSURE BY OFFICERS AND CANDIDATES DEFINITIONS: As used in this ordinance: (1) CANDIDATE means every person who declares for or files for any office of the City of Fort Worth to be filled by election; (2) COMPENSATION means any economic benefit received in return for labor, services, property, or investment; (3) ECONOMIC BENEFIT means any money, real or personal property, purchase, sale, lease, contract, option, credit, loan, discount, service, or other tangible or intangible thing of value, whether similar or dissimilar to those enumerated; (4) FALSE means a ]snowing or willful misrepresentation or concealment of any item required to be disclosed by this chapter; (5) FAMILY MEMBER means the spouse and any dependent children of any officer or candidate; (6) GIFT means a favor, hospitality, or economic benefit, other than compensation, but does not include campaign contri- butions reported as required by State law; (7) IDENTIFICATION for a natural person means the person's name, street address, city and state; for any entity other than a natural person it means the name, address, city and state of the entity's principal location or place of business, the type or nature of the entity, the date on which it came into existence, the state of incorporation if any, the names of partners or trustees if any; (8) INCOME means economic benefit received; (9) OFFICER means the Mayor, a member of the City Council, the City Manager, the City Attorney, the City Secretary, the City Treasurer, the Judges of the Municipal Courts, Assistant City Managers and Department Heads. (10) SOURCE OF INCOME means any business entity, employment, investment or activity which earned or produced income, including interest, dividends, royalties or rents. "SECTION 43-6 FINANCIAL DISCLOSURE STATEMENT (a) Between August 1st and August 15th of each year every officer shall file a verified Financial Disclosure Statement with the City Secretary reflecting the officer's financial situation as of July 1st of that year and the officer's financial activity during the reporting period as defined in Paragraph d in this section. -2- (b) A newly appointed officer shall file a verified Financial Disclosure Statement with the City Secretary within thirty (30) days from the date he or she is sworn into office. The statement shall reflect the officer's financial situation as of the date he or she assumed office and the officer's financial activity during the reporting period as defined in Paragraph (d) in this section. (c) Every candidate shall file a verified Financial Disclosure Statement with the City Secretary not later than fourteen (14) days after the filing deadline for elections reflecting his financial situation as of January lst of the year of the election and his financial activity during the reporting period as defined in Paragraph (d) in this section. (d) The reporting period for a statement required under paragraph (a) of this section is the twelve months preceding July 1st. The reporting period for a statement filed under paragraph (b) of this section is the twelve months preceding the date the officer is sworn into office. The reporting period for a statement required under paragraph (c) of this section is the twelve months preceding January Ist. (e) Any person filing a statement required by this chapter may include additional months in the reporting period. "SECTION 43-7 INFORMATION REQUIRED (A) Every person required to file a Financial Disclosure Statement under this Section shall include in that statement the following information: (1) The person's name; the name of each family member; and all names under which the person or his family members do business; -3- (2) Identification of each source of income amounting to more than $1,000.00 received in the reporting period by the person or family members, stating the name, address, and nature of the source of income and stating the amount of in- come received; and (B) identification of each option held, owned, acquired or sold during the reporting period, stating the nature of the option, the amount of the transaction, and identification of the other parties to the transaction; (3) Identification of each corporation, trust, partner- ship, business association, or union in which the person or family member was: (A) a partner, manager, officer, member of the board of directors, proprietor or beneficiary, during the reporting period, stating the position held; or (B) had an ownership interest of more than $1,000.00 at the fair market value at any time during the reporting period stating the value, and a description of that ownership interest; and (C) where the ownership interest includes or consists of shares of stock, the number of shares owned shall be stated together with the number of outstanding shares; and if sold during the reporting period a statement of the net gain or loss realized from such sale; (4) Identification by street address, legal, or lot and block description of all real property located within the City of Fort Worth and its extraterritorial jurisdiction, together with its fair market value and present use, in which the person or family member has an interest as: (a) fee simple owner; (b) beneficial owner; (c) partnership owner, naming the partners; -4- (d) joint owner with an individual or corporation, naming them; (e) board member, officer, or the owner of more than five (5) per cent of a corporation that has title to the real property, naming the corporation; and (f) a leaseholder, naming the person, per- sons, or corporation from whom the property is leased, and the amount of annual rental; (5) Identification of persons, entities, or guarantors to whom the person or a family member owed a debt during the reporting period, stating the amount, but not including persons related within the second degree of consanguinity or affinity and excluding loans to a political campaign which were reported as required by law; if repaid during the reporting period, the date and amount of repayment shall also be stated; (6) Identification of persons or entities who owed the person, family member, or guarantor a debt during the reporting period, stating the amount, including all bonds, notes and other commercial paper held or owned by the person reporting or any family member during the reporting period; but not including debts owed by persons related within the second degree of con- sanguinity or affinity; if repaid during the reporting period, the date and amount of repayment shall also be stated, (7) Identification of the source of each gift or accumu- lation of gifts from one source or more than Two Hundred Fifty Dollars ($250.00) in value received by the person or family member, or received by another person for the use and benefit of the person or family member, within the reporting period, stating the amount; but this requirement does not include: -5- (a) a gift received from a relative if given on account of kinship; or (b) a gift received by will, by intestate succession, or as distribution from an inter vivos or testamentary trust established by a spouse or ancestor; (8) Provided such information is not privileged by law, if the person filing the statement is the owner of five (5) per cent or more of any corporation, trust, partnership, firm or business association, such person shall list all customers from whom such entities received at least ten (10) per cent of their gross income during the reporting period. (9) identification of any financial interest in or any transaction during the reporting period with any holder of any franchise issued by the City of Fort Worth, other than as a utility or franchise customer or patron, stating the nature and amount of such interest and transactions, including trans- actions by any family member and any corporation, trust, part- nership, firm or business association in which the person filing the statement has an ownership interest of five (5) per cent or more; (10) Except for the identification of transactions and amounts required by paragraph (A) (9) of this section, any amount required to be reported under this section may be re- ported by categories as follows: (a) Category I: at least one thousand dollars ($1,000.00) but less than ten thousand dollars ($10,000.00) ; (b) Category II: at least ten thousand dollars ($10,000.00) but less than twenty- five thousand dollars ($25,000.00) -6- (c) Category III: at least twenty-five thousand dollars ($25,000.00) but less than fifty thousand dollars ($50,000.00) , (d) Category IV: fifty thousand dollars ($50,000.00) or more. "SECTION 43-8 RETENTION OF STATEMENTS AND INSPECTION (a) The City Secretary shall maintain all statements required to be filed with the City Secretary under this or- dinance as public records and retain them for a period of three years after which time he shall return them to the per- son filing them or destroy them. (b) The financial disclosure statement file maintained by the City Secretary under this section shall be kept in alphabetical order for each year in which statements are filed. Such files shall be open to public inspection during normal business hours. The City Secretary shall maintain a list of all persons requesting to inspect such files ident- ifying the file or files inspected. "SECTION 43-9 FORMS The City Secretary shall promulgate a form to be used by persons filing statements required by this ordinance. Such statements shall be filed only on that form. He shall provide a form to any person requesting the same and, not less than ten (10) days before the last day set for filing a statement by any person, shall send such forms to such person. Persons who are members of the City Council on the date this ordinance is adopted shall file their initial financial disclosure statements within sixty (60) days after the date of adoption hereof." -7- Ii. Penalty. It shall be an offense punishable upon con- viction in the municipal Court by a fine not to exceed two hundred dollars ($200.00) for: (1) any person required to file a statement under this ordinance to fail to file such statement within the time provided herein; (2) any person to file or prepare a statement required by this ordinance which is incomplete or false. III. 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 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. IV. That this ordinance shall be in full force and effect from and after the date of its passage and publication as provided by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: S. G. johndroe, Jr. City Attorney ADOPTED: _ z '_�hv EFFECTIVE: