HomeMy WebLinkAboutOrdinance 12839r/\,. S
ORDINANCE NO 9
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE VII, "CODE
OF ETHICS", OF THE CODE OF THE CITY OF FORT WORTH,
TEXAS (1986), AS AMENDED, BY CHANGING SECTION 2-238(c)
THEREOF TO PROVIDE THAT A MEMBER OF A CITY BOARD
OR COMMISSION MAY NOT REPRESENT A PARTY BEFORE
THE CITY COUNCIL 1F THE MATTER IS ONE OVER WHICH THE
BOARD OR COMMISSION OF WHICH HE OR SHE IS A
MEMBER HAS AUTHORITY OR AN ADVISORY FUNCTION,
PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN
EFFECTIVE DATE.
BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS
SECTION I
That Chapter 2, Article VII, "Code of Ethics", of the Code of the City of
Fort Worth, Texas (1986), as amended, be and is hereby amended by changing
Subsection (c) in Section 2-238, "Standards of Conduct", to read as follows:
"(c) No member of a city board or commission shall knowingly represent,
directly or indirectly, any person, group or business entity
(1) Before the board of commission of which he or she is a
member;
(2) Before a board or commission which has appellate jurisdiction
over the board or commission of which he or she is a member;
(3) Before the city council in a matter over which the board or
commission of which he or she is a member has authority or an
advisory function, direct or indirect, present or prospective,
(4) In any action or proceeding against the interests of the city
or in any litigation in which the city or any department, agency,
board or commission thereof is a party; or
(5) In any action or proceeding in the municipal courts of the
city which was instituted by a city officer or employee in the
course of official duties, or a criminal proceeding in which any
city officer or employee is a material witness for the
prosecution."
~.
SECTION 2.
That, except as hereby amended, the provisions of Section 2-238 of the
Code of the City of Fort Worth, Texas (1986), shall remain unchanged
SECTION 3
This ordinance shall be cumulative of all provisions of ordinance"s 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ordinances and such Code are hereby repealed.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 4
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
ariy 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 5
This ordinance shall take effect and be in full force and effect from and
after its passage, and it is so ordained.
A ROVED AS TO ORM AN EGALITY
City Attorney
Date• t 12 ~' ~ 1
ADOPTED ~ ~ y ~ ~~
EFFECTIVE. ~ ~- ~
2
City of Fort Wort/~ Texas
Mayor and Council Communication
DATE
01 /28/97 REFERENCE NUMBER
G-11739 LOG NAME
120RDIN PAGE
1 of 1
SUBJECT ADOPTION OF ORDINANCE AMENDING SECTION 2-283(c) OF THE CODE OF ETHICS
ORDINANCE
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance which amends Section 2-
283(c), "Standards of Conduct", of the Code of Ethics Ordinance
DISCUSSION
Section 2-238(c) of the Code of Ethics Ordinance prohibits a member of a city board or
commission from representing a party before the City Council
At a recent meeting, the City Council Inter and Intra Governmental Committee ("IIG Committee")
discussed this provision and was of the opinion that the provision is too restrictive The
Committee asked the Ethics Review Committee to review the provision and to make a
recommendation concerning whether the provision should be amended
The Ethics Review Committee met on January 16, 1997 and viewed Section 2-238 The
Committee recommended that the City Council adopt the attached ordinance which would amend
Section 2-238 Under the amendment a member of a city board or commission would only be
prohibited from representing a party before the City Council "in a matter over which the board
or commission of which he or she is a member has authority or an advisory function, direct or
indirect, present or prospective " This would allow board and commission members to represent
parties before the City Council on other matters
The IIG Committee requested that the attached ordinance be forwarded directly to the City
Council for consideration
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that this action has no material effect on City Funds
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 8511 APPROVED
Originating Department Head: C(,"Y ~~~ t~^~~
Wade Adkins 7623 (from) ~~~ e~a ,~~~
For Additional Information ~~~ ~~~
Contact: Cf
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Wade Adkins 7623
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Printed on Recycled Paper Adopted Ocdinance No. A