HomeMy WebLinkAboutOrdinance 12612ORDINANCE NO. ~~7~(CJ~~
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, "STANDARDS
OF CONDUCT", PARAGRAPH (d), RELATING TO RESTRICTIONS
CONCERNING REPRESENTATION OF PERSONS IN CERTAIN MATTERS;
PROVIDING A SEVERABILITY CLAUSE; 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 City of
Fort Worth, Texas {1986), as amended, be and is hereby further
amended~:by adding a new subparagraph (4) to Section 2-238,
subsection (d), "Standards of Conduct", so that subsection (d)
shall hereafter read as follows:
"(d) The restrictions in this section do not prohibit the
following:
(1) A city employee or member of a city board or
commission (other than city council), or his or her
spouse, appearing before the city council of a city
department, agency, board or commission to represent
himself or herself in a matter affecting his or her
property; provided, however, that no such person, or his
or her spouse, shall appear before the board or
commission of which he or she is a member; or
(2) A city employee or officer of an employee
organization appearing before the city council or a city
department, agency, board or commission to address
employment matters; or
(3) Otherwise eligible city employees or their spouses
from participating in federal or state-funded programs
administered through the City of Fort Worth where the
benefits of such programs are available to members of the
general public and where the city employee has no
administrative, evaluative or decision-making authority
concerning the program in which he or she wishes to
participate; or
4~ A partner, associate or relative
ciLV council, or or a salaried city officer or employee,
from representing a person, aroun or_ bus;nPGG Pnt;tv ;n
an 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 in a criminal
proceeding in which a city officer or employee is a
material witness for the prosecution "
SECTION II.
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 III.
This ordinance shall be cumulative of all provision 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.
~- SECTION V.
This ordinance shall take effect and be in full force and
effect from and after its passage, and it is so ordained.
A~iPROVED AS,, TO F R~ AND LEGALITY
Cit A tgorney
Date : ~ ~ l
ADOPTED: ~- ~/
EFFECTIVE : ~ ~ ~ ~ I 4
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may®~ and C~un~il C~~zu~c~t~~n
DATE
08/08/96 RTFARSNCS NU[~IDSR
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12COIVDU 1 of 1
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svs~cT ADOPTION OF ORDINANCE AMENDING SECTION 2-238,"STANDARDS OF
CONDUCT," OF THE CODE OF ETHICS ORDINANCE
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance which amends Section
2-~38, "Standards of Conduct", of the Code of Ethics Ordinance
DISCUSSION
The Ethics Review Committee has recommended that the City Council adopt the attt ched
ordinance
The ordinance would amend Section 2-238 to allow partners, associates or relatives of City
Councilmembers, or of salaried City officers or employees, to represent persons in the municipal
courts of the City or in criminal proceedings where a City officer or employee is a prosecution
witness
The proposed change would resolve doubts about whether such representation would violate
Section 2-238 (b) of the Code which states
"No member of the City Council, salaried City officer or City employee shall
knowingly represent, directly or indirectly, any person, group or business entity
(3) In any action or proceeding in the municipal courts of the City which was instituted by
a City off:rer 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 "
On July 9, 1996, the City Council Inter and Intra 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 on City Funds
CB:f
Submitted for City ASanager's FUND ACCOUNT CENTER AAiOUNT CITY SECRETARY
Office by: (to)
APPROVED
Charles Boswell 8511 CITY COUNCIL
Originating Bepartment Head:
AU~ s 1996
Wade Adkins 7623 (from) ~
~~
For Additional Ioformalion Cit'T Stsar~liTy oe ~!~
'
Contact:
City of ~
ost WdFSA, T~Ba>:
Wade Adkins 7623
Adontetl Ordinance (~~,1~~!
Printed on Recyded Paper