HomeMy WebLinkAboutOrdinance 21845-08-2015 ORDINANCE NO. 21845-08-2015
AN ORDINANCE AMENDING DIVISION 5, "FINANCIAL DISCLOSURE
BY OFFICERS AND CANDIDATES," OF ARTICLE VII, "CODE OF
ETHICS," IN CHAPTER 2, "ADMINISTRATION," OF THE CODE OF
THE CITY OF FORT WORTH (2015), AS AMENDED, TO PROVIDE
CONSISTENCY REGARDING THE PERSONAL FINANCIAL
DISCLOSURE FILING REQUIREMENTS FOR THE ELECTED AND
APPOINTED CITY OFFICIALS AND THE CIIIEF FINANCIAL
OFFICER; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND NAMING AN EFFECTIVE DATE.
WHEREAS, the City's Code of Ethics in Division 5, "Financial Disclosure by Officers
and Candidates," 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, the city internal auditor and the judges of the
municipal courts; and
WHEREAS, the mayor, the city council, the city manager and the city attorney are
required to file a financial statement as outlined in Chapter 145 of the Texas Local Government
Code, and this filing satisfies Division 5 of the City's Code of Ethics; and
WHEREAS, it is advisable to amend Division 5 of the Code of Ethics to substitute the
chief financial officer in place of the city treasurer, and conform the filing requirements for the
city secretary, the city internal auditor, the chief financial officer and the judges of the municipal
courts to the requirements for financial disclosure for the mayor, the members of the city council,
the city manager and the city attorney found in Local Government Code Chapter 145;
Ordinance No. 21845-08-2015
Page 1 of 4
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT:
SECTION 1.
Division 5, "Financial Disclosure by Officers and Candidates," of Article VII, "Code of
Ethics," of Chapter 2, "Administration," of the Code of the City of Fort Worth (2015), as
amended, is hereby amended by amending Section 2-261, "Definitions" to delete certain
definitions so that Section 2-261 will read in its entirety as follows:
Section -261. — Derinitions
As used in this division, the following words and phrases shall have the meanings
ascribed in this section.
Candidate. Every person who declares for or files for any office of the city to be
filled by election.
Officer. The mayor, a member of the city council, the city manager, the city
attorney, the city secretary, the city internal auditor, the chief financial officer and
the judges of the municipal court.
SECTION 2.
Division 5, "Financial Disclosure by Officers and Candidates," of Article VII, "Code of
Ethics," of Chapter 2, "Administration," of the Code of the City of Fort Worth (2015), as
amended, is hereby amended by amending ," Section 2-262, "Financial Disclosure Statement,"
and Section 2-263 "Required Information," to read as follows:
Section -262. —Personal Financial Statement
(a) Every Officer shall file a verified personal financial statement with the city
secretary in the same form as required by Chapter 145 of the Texas Local
Government Code, except that a newly appointed Officer shall file the verified
personal financial statement with the city secretary within 30 days from the
date he or she is sworn into office.
(b) The reporting period for the personal financial disclosure for newly appointed
Officers is 12 months preceding the date the Officer is sworn into office.
Ordinance No. 21845-08-2015
Page 2 of 4
(c) Every Candidate shall file a verified personal financial statement with the city
secretary in the same form as that required by Chapter 145 of the Texas Local
Government Code not later than the earlier of:
a. The 201h day after the deadline for filing an application for a place on
the ballot in the election; or
b. The fifth day before the date of the election.
The reporting period for a statement required under this subsection shall be
the 12 months preceding January 1 of the year in which the election is held.
Section -263— Forms for Statements
(a) Persons filing financial disclosure statements shall use the form designed by
the Texas Ethics Commission as required by Chapter 572, Texas Government
Code.
(b) The city secretary shall provide copies of the forms required by this division
to:
a. Officers and Candidates as required by state law; and
b. Newly appointed Officers upon their swearing in and no later than the
10th day before the deadline.
SECTION 3.
Section 2-264 "Public Records; Inspection" is not revised and shall remain in full force
and effect.
SECTION 4.
Section 2-265, "Forms for Statements" is hereby deleted in its entirety.
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (2015), 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.
Ordinance No. 21845-08-2015
Page 3 of 4
SECTION 6.
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 7.
This ordinance shall take effect and be in full force and effect on the date of its passage.
APPROVED AS TO FORM AND LEGALITY:
Sarah Fulle wider, City Attorney
.
Vary J. Ka o Yc�t a
ry
ADOPTED and EFFECTIVE: August 25, 2015
Ordinance No. 21845-08-2015
Page 4 of 4
City , Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 8/25/2015 - Ordinance No. 21845-08-2015
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday" August 16, 2015 REFERENCE NO.: G-18537
LOG NAME: 12PERSO OSUREAMENDMENT
Ea E D E
SUBJECT:
Adopt Ordinance Amending Division 5 of Article VII of Chapter 2 of the City's Code of Ethics to Provide
Consistency with State Law Regarding the Filing and Content of Personal Financial Statements Required
by appointed and Other City Employees (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the Ordinance amending Division 5 of article VII of Chapter,
of the City's Code of Ethics to provide consistency with state law regarding the filing content of
personal' financial statements required by appointed and other City employees..
DISCUSSION:
Division 5 of the City's Code of Ethics requires City 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
that include specific disclosures as outlined In the ordnance. Section 2-261, Definitions, of Division
defines "Officer' as 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.
Under Chapter 572 of Texas Government Code, the Mayor, the City Council, the City Manager and
the City Attorney are required to file a financial statement as outlined in Chapter 145 of Texas Local
Government Coe by April 30th of each year on a form designed by the 'T xs Ethics Commission. This
filing satisfies Division 5 of the City's Code of Ethics, State law, however" does not address other City
employees included in the City"s definition of"Officer" and the City's ordinance requirements for
disclosures and the deadline to file do not correspond with those found in Chapter 145. The difference
between the timing and required disclosures of the personal financial statement creates inconsistency
between elected officials„ certain appointed officials and other employees required to file personal
financial statement. additionally" the Code of Ethics requires the City Treasurer to file a personal financial
statement, but does not require a filing by the chief financial officer. It is recommended that the
requirement be amended to include the Chief Financial Officer in lieu of the City Treasurer,
Adoption of the attached ordinance will amend Division 5 of the City"s Code of Ethics to replace the film
requirement for the City Treasurer with the Chief Financial Officer and conform the requirements for the
City Secretary„ the City Internal Auditor" the Chief Financial Officer and the judges of municipal courts
to the requirements for financial disclosure forte Mayor, the members of the City Council" the City
Manager and the City Attorney found in Chapter 145 oft the Texas Local Government Code.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this will have no material effect on city funds.
Log name: 12PI,'RSONAI,F"INA"NCtAl.,ti)ISC .,OSIJREA I"; 1) I.Y,N'l" Pagel of 2
... . ............
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 (7 623)
Additional Information Contact: Sarah Fullenwider (7623)
Lo e: 12PI,"RSONALFINANCIALDISCLOSUREAMENDMEN'.r Page 2 of 2