HomeMy WebLinkAboutOrdinance 11428ORDINANCE NO. _LL~~~~
AN ORDINANCE AMENDING SUBSECTION (d) OF "STANDARDS OF
CONDUCT, " OF DIVISION I OF ARTICLE VII "CODE OF ETHICS OF
CHAPTER TWO "ADMINISTRATION" OF THE CODE OF THE CITY OF
FORT WORTH, TEXAS (1986)., AS AMENDED, BY ADDING A
PARAGRAPH (3), CREATING AN EXEMPTION TO ALLOW OTHERWISE
QUALIFIED CITY f:MPLOYEES OR THEIR SPOUSES TO PARTICIPATE
IN FEDERALLY- OR STATE-FUNDED PROGRAMS ADMINISTERED BY
THE CITY; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
Subsection (d) of Section 2-238 "Standards of Conduct" of the
Code of the City of Fort Worth, Texas (1986), as amended, is hereby
amended and after said amendment shall 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
or 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 eligible 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.
SECTION 2.
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 the 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such Code are hereby repealed.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 3.
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 unconsti-
tutional 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 4.
All rights and remedies of the City of Fort Worth, Texas, are
expressly saved as to any and all violations of the provisions of
Ordinance No. 10617 or any other ordinances affecting ethics which
have accrued at the time of the effective date of this ordinance;
and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such
-2-
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ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 5.
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 AND LEGALITY:
~" 1 ~ W / '
~r Cit Attorney
Date: ~~ZZ~a3
ADOPTED: ~~-/9 `C~~
EFFECTIVE:
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City of Fort Worth, Texas
Mayor dnd Council Communication
DATE KC~r'r:tcl~iv~:~ ivurw~ac ...,.~ a..~,.•..+ - ----
10/19/93 G-10385 05ETHICS 1 of 2
strsJECT AMENDMENT TO CITY'S CODE OF ETHICS TO ALLOW CITY EMPLOYEES TO
PARTICIPATE IN FEDERAL OR STATE FUNDED PROGRAMS
RECOMMENDATION.
It is recommended that the City Council adopt the attached ordinance, amending the City Code
of Ethics, Section 2 - 238, removing.`the prohibition on qualified City employees from
participating in State or Federally funded programs administered by the City of Fort Worth
DISCUSSION '
Currently the City's Code of Ethics prohibits City employees and their spouses from engaging
in any exchange of services with the City except as employees and under general duties imposed
upon the employees by law as citizens of the City of Fort Worth (payment of taxes, etc )
The City Attorney's office construes this provision to prohibit City employees and their spouses
from participating in any state or federally funded program administered by the City of Fort
Worth This includes; but is not limited to programs authorized under the Department of Housing
and Urban Development (HUD) in the Housing and Human Services Department and the
Department of Labor (DOL) in the Employment and Training Department As a general rule, state
and federal guidelines do'not prohibit participation of an administering entity's employees in such
programs, provided that employee does not have any administrative, evaluative, or decision-
making authority in the program, if he/she is otherwise qualified for participation and is not
prohibited by the administering entity's own ethics Currently, the City of Fort Worth prohibits
City employees participation by its own ethics code
There are a substantial number of City employees who would qualify under the guidelines for
various kinds of assistance under the guidelines for state and federally funded programs For
example, based on figures provided by the City's Personnel Department, and estimating
conservatively, there are roughly five hundred (500) City employees who are low and moderate
income persons and meet the Department of Housing and Urban Development's (HUD) guidelines
for housing assistance under the various housing programs administered by the City The
change recommended will place the City employees in the same position as other low and
moderate income citizens of Fort Worth and give them the same opportunity as the other citizens
for decent, affordable housing Although figures are not available, similar legal situations exist
with respect to opportunities for participation in City employment and training programs and
other social services administered by the City Adoption of this amendment would likewise allow
qualified employees, and particularly their spouses, to participate in those programs as well
COMMUNITY DEVELOPMENT COUNCIL RECOMMENDATION.
On August 16, 1993, the Community Development Council unanimously approved the following
motion '
"To recommend to the City Council to approve as amendment to the City Code of Ethics,
Section 2-238, removing the prohibition on qualified City employees from participating in
state and federally funded programs administered by the City of Fort Worth "
•~~ Printed on recycled paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE
10/19/93 REFERENCE NI7MBER G-1O3S5 >;oc~ NAME
05ETHICS PA(;•E
2 of 2
svsJrcT AMENDMENT TO CITY'S CODE OF ETHICS TO ALLOW CITY EMPLOYEES TO
PARTICIPATE IN FEDERAL OR STATE FUNDED PROGRAMS
CITY COUNCIL HOUSING PROGRAMS COMMITTEE RECOMMENDATION.
On August 18, 1993, the City Council Housing Programs Committee approved the following
motion
"To recommend to City Council to approve an amendment to the City Code of Ethics,
Section 2-238, removing the prohibition on qualified City employees from participating in
state and federally funded programs administered by the City of Fort Worth "
Thos M&C will affect all COUNCIL DISTRICTS
FISCAL INFORMATION/CERTIFICATION.
No funds will be required for the implementation of this M&C
LW m
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Offce by: (to)
APPR
Libby Watson 6140 OVED
Originating Department Head: CITY C O U N C I L
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Sandra Gonzales 7537 (from)
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For Additional Information iE.t~tA~~J
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Contact: e
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City of Far! 1rFortlt, ~Sas
Hugh Davis 7630
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