HomeMy WebLinkAboutOrdinance 12611ORDINANCE NO. ~~~
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE VII, "CODE OF
ETHICS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS
(1986), AS AMENDED, BY ADDING A DEFINITION OF THE TERM
"BENEFIT" TO SECTION 2-237, "DEFINITIONS", BY CHANGING
SECTION 2-238, "STANDARDS OF CONDUCT", TO CLARIFY THE
SCOPE OF CERTAIN PROVISIONS THEREIN; BY ADDING NEW
PARAGRAPHS (6), (7) AND (8) TO SUBSECTION (b) IN SECTION
2-239, "DISCLOSURE OF INTEREST"; AND BY CHANGING .SECTION
2-241, "ETHICS REVIEW COMMITTEE MEMBERS", BY ADDING
CERTAIN PROVISIONS CONCERNING IMPARTIALITY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
BE IT 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
further amended as follows:
1. Section 2-237 "Definitions", is amended by adding the
following definition after the definition of "Article":
-"`Benefit' shall mean anything reasonably regarded as
pecuniary gain or pecuniary advantage, including benefit
to any person in whom the beneficiary has a substantial
interest, but does not include a political contribution
as defined by Title 15, Texas Election Code."
2. Section 2-238, "Standards of Conduct", is amended by
changing Subsection (a), paragraphs (1), (2) and (3) thereof, to
read as follows:
"(a) No city officer, employee or advisory board
member, or their spouses, shall knowingly:
(1) Accept or solicit any benefit from any person,
group or business entity that might reasonably tend
to influence him in the discharge of his official
duties;
(2) Grant in the discharge of his official duties any
improper benefit to any person, group or business
entity;
(3) Accept or solicit any benefit, including a promise
of future employment, of sufficient economic value
that it might reasonably tend to influence him, in
the discharge of his official duties, from any
person, group or business entity:
a. Who is licensed or has a substantial interest
in any business entity that is licensed by any
city department, agency, commission or board
on which the city officer, employee or
advisory board member serves; or
b. Who has a personal financial interest in any
proposed ordinance or decision upon which the
city officer, employee or advisory board
member may or must act or make a
recommendation; provided, however, that any
city officer, employee or advisory board
member and any spouses, may accept travel and
related expenses and attend ceremonial
functions, provided that such acceptance and
attendance have been approved by the City
Council prior to the occurrence of the
ceremonial function."
3. Section 2-239, "Disclosure of Interest", is amended by
adding the following new paragraphs to Subsection (b):
"(6) a decision concerning the refund of property taxes
~,to a business entity in which the officer, employee or
advisory board member has a substantial interest, if such
refund is required because of a double payment of taxes or a
judicially or administratively determined reduction in the
valuation of the taxed property;
(7) a decision concerning a business entity with which
the officer, employee or advisory board member has a stock
brokerage or securities account; and
(8) a decision concerning whether the City should accept
a gift from a business entity in which the officer, employee
or advisory board member has a substantial interest."
4. Section 2-241, "Members", is amended by adding the
follot~ing new subsection:
"(g) Members shall maintain objectivity and be free of
conflicts of interest in discharging their duties . Members of
the Committee shall be independent in fact and appearance when
hearing matters brought before the Committee. When a member
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. of the Committee has any reason to believe that he or she
cannot be impartial, intellectually honest and free of
conflicts of interest in discharging any of the duties of the
Committee, such member shall disclose the facts and
circumstances which create the conflict and ,shall not vote or
otherwise participate in consideration of the matter."
SECTION II.
That, except as hereby amended, the provisions of Section 2-
237, Section 2-238 and Section 2-241 of the Code of the City of
Fort Worth, Texas (1986), shall remain unchanged.
SECTION III.
t
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 IV.
~' 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.
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SECTION V.
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to engross and enroll this ordinance by copying the
caption, Section I and the effective date in the minutes of the
City Council and by filing the ordinance in the ordinance records
of the City.
SECTION VI.
This ordinance shall take effect and be in full force and
effect from and after its passage, and it is so ordained.
APPROVED AS TO FORM D LEGALITY:
City Attorney
Date: ~~ l ` b
ADOPTED • ~ ~ ° ~ C!~
EFFECTIVE • D g l
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11~ay~r and' G'~u~ci~ Counicti~n
~013/0~/96 ~ -~---~~~-- -~~-~"~~ G~11551 ~ LvV ~~ 12ETHIC I r~u$ 1 of 2
s~~c'j' ADOPTION OF ORDINANCE AMENDING SECTIONS 2-237, 2-233, I
_2-239 AND 2-241 OF THE CODE OF ETHICS ORDINANCE
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance which amends Sections
2-237, 2-238, 2-239 and 2-241 of the Code of Ethics Ordinance
DISCUSSION
The Ethics Review Committee has recommended that the City Council adopt the attached
ordinance The ordinance would make the following amendments to the Code of Ethics
Ordinance
Political Contributions:
Paragraphs 1 and 2 of the attached ordinance would amend the Code of Ethics Ordinance
to make it clear that requirements of the Code of Ethics Ordinance concerning campaign
contributions are the same as those in state law
State law allows City Councilmembers to receive political contributions and requires them
to file reports regarding such contributions. State law also allows a Councilmember to vote
on a matter which involves a campaign contributor unless the Councilmember has a
"substantial interest" in the campaign contributor
2. Disclosure of Substantial Interest
Paragraph 3 of the attached ordinance would amend the Code of Ethics Ordinance to
provide that Councilmembers must disclose a "substantial interest" but are not disqualified
from voting on matters involving
(a)persons or entities that are receiving tax refunds because of double payments;
(b) entities with which the Councilmember has a stock brokerage or securities account; and
(c) persons or entities that desire to make a gift to the City
3 Disoualification of Members of the Ethics Review Committee
Paragraph 4 of the attached ordinance would amend the Code of Ethics Ordinance to
require Ethics Review Committee members to remain free of conflicts of interest in matters
being heard by the Committee, to disclose facts that create a conflict, and to abstain from
voting or participating in matters where they have a conflict.
Printed on Recyded Paper
City ®,~'1~®~r't ~®~~~ 7'~~ca~
may®r and ~aanci~ ~®m~~icati®n
DATE og~0~/96 RBFZ~RHIICB I~17~8R LOG NAE48 PAC3g
G-11551 12ETHIC 2 of 2
sBa~cT ADOPTION OF ORDINANCE AMENDING SECTIONS 2-237, 2-238,
2-239 AND 2-241 OF THE CODE OF ETHICS ORDINANCE
On July 9, 1996, the City Counci! Inter and Intea Governmental Committee reviewed the
proposed ordinance and voted to forward the ordinance to City Council for consideration.
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that this action has no material effect an City Funds.
Ct3:f
Submitted for City Manages's
Office by:
C6ades I3aswetl 8511
OrigiuatJing Department Head:
Wade Adkins 7623
Fi3ND ~ ACCOUNT f CENTER i AMOUNT
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CITY SECRETARY I
For Additiotnai Information
Contact:
Wade Adkins 7623
APPRJVED
C1~'Y CaUNCIL
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Citq of For~Ui f ~s
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Printed on Reryded Paper Adopted Ordinance No. ~~f