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TEXAS
"City of Choice"
ORDINANCE NO. 1149
AN ORDINANCE AMENDING THE CODE OF ETHICS AND CONDUCT
FOR THE CITY OF CIBOLO, TEXAS; AND, PROVIDING FOR _
SEVERABILITY,PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;
PROVIDING FOR SAVING CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Cibolo City Charter adopted by the citizens provides for the
establishment of a Code of Ethics;and
WHEREAS,.it is the City Council's intention to fulfill this obligation by the adopting
this Code of Ethics and Conduct ordinance;and
WHEREAS, in accordance with such intention City Council adopted ordinance
number 117 on November- 13, 2014 and ordinance number 1121 on February 2, 2015; and
WHEREAS, the City Council desires to amend the Code of Ethics and Conduct be
establishing separate and distinct codes of Ethics and Conduct and by clarifying that a
violation of ethics is an actionable offense;but,that the Code of Conduct is to serve as a guide
to remind members of City Council, boards and commissions to conduct themselves-in a
respectful and courteous manner when conducting the business of the citizens of Cibolo.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS:
SECTION I
Code of Ethics and Conduct Amended.
THAT the City Council hereby amends the Code of Ethics and Conduct, as same is
codified in the City of Cibolo Code of Municipal Ordinances Chapter 2 (entitled
"Administration") Article I1I (entitled"Officers and Employees") Division 2 (entitled"Code
of Ethic and Conduct") by replacing same in its entirety with a new Chapter 2 (entitled
"Administration")Article VIII(entitled"Code of Ethics and Conduct") as set forth in Exhibit
"A" attached hereto and incorporated by reference for all purposes.
SECTION II.
Severability
THAT, if any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City hereby
declares that this Ordinance would have been enacted without such invalid provision.
SECTION III.
Repeal
THAT,all ordinances and codes,or parts thereof,which are in conflict or inconsistent with
any provision. of this Ordinance .are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
SECTION IV.
Savings
THAT,If any section,sub-section, or sentence, clause,or phrase of this Code of Ethics
and Conduct is for any reason held invalid, such decision or decisions shall not affect the -
validity of the remaining portions of this Code of Ethics and Conduct.
SECTION V.
Public Meeting
It is officially found, determined, and,declared that the meeting at which this Ordinance is
adopted was open to the public and public notice of the time,place,and subj ect matter of the public
business to be considered at such meeting, including this Ordinance, was given, all as required by
_Chapter 551, as amended, Texas Government Code.
SECTION VI.
Effective Date
THIS Ordinance will take effect its passage, approval and publication.as provided by law.
PASSED AND APPROVED this day of 6wva�y , 2016
Allen Dunn
Mayor
ATTEST:
Peggy Cimics, TRMC
City Secretary
EXHIBIT ".A"
CODE OF ETHICS AND CONDUCT
ARTICLE VIII. CODE OF ETHICS AND CONDUCT.
DIVISION 1 - CODE OF ETHICS.
Sec.2-501 Applicability and Scope.
This Code of Ethics shall apply to the Mayor and City Councilmembers, and all appointed
Board, Committee and Commission Members of the City of Cibolo;who shall collectively
be referred to as Members in this Code.
Section 2-502 Purpose.
The Purpose of this Code is to fulfill City Council's obligation under Section 14.09 of the
City Charter. Moreover,City Council finds that its Members and the members of the City's
Boards, Committees and Commissions are composed of people with a diverse range of
backgrounds,personalities,values, opinions, and goals who have volunteered their time to
serve their fellow citizens in the guidance and policy-making of the City of Cibolo; and
that the office held by elected and appointed officials is one of trust and service,and creates
special responsibilities for the office holder. Therefore, elected and appointed Members
must uphold values of professional and personal ethics that exemplify the highest of
standards and demonstrate objectivity, impartiality, honesty, integrity, respect,
faithfulness, and transparency.
Sec.2-503 Standards of Ethical Conduct.
(a) City Charter. - Members shall respect and adhere to the City of Cibolo Charter in
its entirety. The Charter provides a council-manager system of local government
where the City Council determines the policies of the city with the advice,
information and analysis provided by the public, Boards, Committees and
Commissions,and city staff. Except as provided by the Charter,Members shall not
interfere with the administrative functions of the city or the professional duties of
city staff. Members shall also refrain from interfering with the ability of staff to
implement council policy decisions. Furthermore, members shall comply with all
of the Charter requirements for prohibitions (Section 3.07); conflicts of interest
(Article III, Section 3.10; Article XIV, Section 14.07); nepotism (Article XIV,
Section 14.01); equality of rights (Article XIV, Section 14.02); wrongful influence
(Article XIV, Section 14.03); wrongful interference (Article XIV, Section 14.04);
political activities .(Article XIV, Section 14.05); accepting gifts (Article XIV,
Section 14.08);and compliance with this Code of Ethics and Conduct(Article XIV,
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Section 14.09). Specific examples of violations of the Charter that shall be avoided
are as follows:
(1) Do not get involved with administrative functions. Members shall not
attempt to unethically influence or coerce the City Manager or Department
Heads concerning either their actions or recommendations to the City
Council,Boards,Committees or Commissions about personnel,purchasing,
awarding contracts, selection of consultants, processing development
applications, or the granting of city licenses or permits.
(2) Do not attend city staff meetings unless requested by staff. Even if the
member does not say anything, the member's presence may imply support,
show partiality, intimidate staff, and hamper the ability of staff to do their
jobs objectively.
(3) Make no promises on behalf of City Council, Boards, Committees,
Commissions or staff. Members shall not overtly or implicitly promise
action on the part of the City Council, a particular Board, Committee or
Commission or city staff on any matter specifically delegated by the City
Charter to be handled by the City Manager. For any matters not specifically
delegated to the City Manager by the Charter,the member should still refer
the matter to the City Manager and, if the member feels necessary to do so,
may then bring the matter before the City Council for consideration and
action. When approached by the public to address or correct a situation for
which the City Manager is responsible for managing under the Charter or
any ordinance,rule or regulation of the city, members shall refer the public
to the City Manager or advise the public that the member will refer the
matter to the City Manager.
(b) Additional Standards of Ethical Conduct.
(1) Confidential information. Members shall respect the confidentiality of
information concerning the property, personnel, or affairs of the city. They
shall neither disclose confidential information without proper legal
authorization, disclose information protected by attorney-client privilege,
nor use such information to advance their personal interests, financial or
otherwise, nor advance the interests of third parties.
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(2) Public Resources. Members shall not use public resources not available to
the public in general, such. as city staff time, equipment, supplies or
facilities, for private gain or personal purposes.
(3) Special Advantage. Members shall not take any special advantage of
services or opportunities for personal gain by virtue of their public office
that is not available to the public in general. They shall refrain from
accepting any gifts, favors, or promises of future benefits which might
compromise their independence of judgment or action or give the
appearance of being compromised; and, even when the acceptance of a gift
would technically be permissible under Section 14.08, Members shall not
accept any gifts, favors, or promises of future benefits which might
compromise their independence of judgment or action or give the
appearance of being compromised.
(4) Open Meetings. Members shall comply with the Texas Open Meeting Act
(Texas Government Code Chapter 551) and shall report any attempt by
other members to circumvent the requirements of the Texas Open Meeting
Act. Members shall not post communications or information on social
media relating to city business when such posting may be viewed and
commented on by a quorum of the membership in violation of the Texas
Open Meetings Act.
(5) In accordance with the law,members shall disclose investments, interest in
real property, sources of income and gifts, and any other interests in direct
business transactions that involve their capacity as an official of the city and
where official actions by the City Council, Committee, Commission or
Board members are required. Members shall abstain from participating in
deliberations and decision-making where such conflicts may exist.
(6) Issues that may require the involvement of outside agencies. "Outside
agencies" mean state administrative agencies, boards, committees'
commissions or other type of enforcement bodies and county, state or
federal law enforcement agencies. If a member or city employee has reason
to believe that an issue has arisen that requires the consultation with,referral
to or involvement of an outside agency to assist the city with resolving the
issue and that involves possible criminal activity by another member, or
officer or employee of the city, the individual shall first consult with the
City Manager and, if the individual or City Manager still finds it is
necessary to do so, may bring the matter before the full City Council to
ascertain whether action against the member, officer or employee is
appropriate.
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Sections 2-504 through 2-520 reserved.
DIVISION 2. -INVESTIGATIONS AND HEARINGS
Sec. 2-521 Applicability and Scope.
This section shall address the process by which City Council shall conduct investigations
and hearings authorized by City Charter Sections 14.10 (2) and to conduct hearings for
violations of the Code of Ethics contained in this Chapter.
See. 2-522 Purpose.
This section is adopted in compliance with the directive stated in City Charter Section
14.10 (2), (E). If in doubt about any part of this ordinance contact the office of the City
Manager.
Sec. 2-523 Rules for conduct of hearing.
At any hearing held under this section during the investigation or disposition of a
complaint,the following rules apply:
(a) Prehearing review. All complaints shall be subject to pre-hearing review as
follows:
(1) Review by City Attorney. If a complaint is made against a member of a
Board, Committee or Commission the complaint shall be reviewed by the
City Attorney, who shall provide a legal opinion to City Council stating
whether or not the allegations in the complaint, if taken as true, constitute a
violation of the City Charter or the Code of Ethics.
A. If the City Attorney determines that the allegations, if taken as true,
constitute a violation of the City Charter or the Code of Ethics the
City Council shall proceed with a fact finding hearing as provided
herein.
B. If the City Attorney determines that the allegations, if taken as true,
do not constitute a violation of the City Charter or the Code of Ethics
the City Council shall dismiss the charge without further
proceedings unless a majority of City Council vote to overrule the
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City Attorney's opinion, in which case the City Council shall
proceed with-a fact finding hearing as provided herein.
(2) Review by Special Counsel. In the event a charge is lodged against the
Mayor or a City Council Member, or the City Attorney, or should the City
Attorney determine he or she is otherwise conflicted from conducting the
prehearing review. City Council shall- appoint an attorney licensed in the
State of Texas to conduct the prehearing review. 'The complaint shall be
reviewed by the Special Counsel,who shall provide a legal opinion to City
Council stating whether or not the allegations in the complaint, if taken as
true, constitute a violation of the City Charter or the Code of Ethics.
A. If the Special Counsel determines that the allegations, if taken as
true, constitute a violation of the City Charter or the Code of Ethics
-the City Council -shall proceed with a fact finding hearing as
provided herein.
B. If the Special Counsel determines. that the allegations, if taken as
true, do not constitute a violation of the City Charter or the Code of
Ethics the City Council shall dismiss the charge without further
proceedings unless a majority of City Council vote to overrule the
Special Counsel's opinion, in which case the City Council shall
proceed with-a.fact finding hearing as provided herein.
(b) Fact Finding Hearing. For complaints filed by the Mayor, or a member of City
Council, or for all other complaints City Council has accepted after pre-hearing
review,the following rules shall apply:
(1) General rules.
A. Open session. All hearings shall_be conducted in -open session of
City Council,except that City Council may conduct:a closed session
to receive advice from its- attorney pursuant to the Texas Open
Meetings Act.
B. Special called meeting. A special meeting of City Council shall be
called to hold the hearing.
C. Public comment.No public comment shall be allowed unless agreed
to by a majority vote of City Council.In the event that City Council
determines to allow public comment it. shall set rules for -public
comments prior to the opening of the hearing.
Page 5
D. Council participation. A member of City Council who is either the
complainant or respondent shall not sit at the dais during the hearing
and shall not participate. in any deliberation or vote during the
hearing.For the purposes of this section,the term City Council shall
refer to members of City Council participating in the hearing; and,
action shall be taken on majority vote, unless a super majority is
prescribed by the City Charter.
E. Presiding officer. The Mayor, or, in the event of the Mayor's
unavailability,the Mayor Pro-tem; or in the event of the Mayor Pro-
tem's unavailability, a member of City Council selected by a
majority of City Council shall preside over the hearing.
F. Respondent's right of appearance. The person charged (respondent)
in the complaint has the right to attend the hearing,the right to make
a statement, the right to present witnesses, and the right to be
accompanied by legal counsel or another advisor.Only legal counsel
to.the person charged in the complaint may.advise that person during
the course of the hearing, but may not speak on his or her behalf,
except with the permission of City Council or as prescribed in this
section. Notice of the date and time of the hearing, and a copy of
the.Complaint,shall be furnished to the Respondent no later than the
tenth day before:the date of Fact Finding Hearing.
G. Complainant's right of-appearance. The person-making a charge
(complainant)has the right to,attend the hearing,the right to make a
statement, and the right to. be accompanied by legal counsel or
another advisor. Only legal counsel to the complainant may advise
the complainant during the.course of the hearing,but may not-speak
on behalf of the complainant, except with the permission of City
Council or as prescribed by this section. Witnesses may not be
presented by.the complainant, except with.the permission of City
Council.
.(2) Procedures.
A. Opening hearing. The presiding officer shall open the hearing with
an announcement of the nature of the hearing and the reading of the
complaint, or a summary of the complaint, which shall include the
allegations to be considered.
B. Investigation results.After opening the hearing the presiding officer
shall call for the presentation of the results of any investigation.
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C. Complainant and respondent statements. After presentation of
investigation results the presiding officer shall call for statements.
The complainant and the respondent shall have ten minutes each to
make a statement and statements may be made by the complainant's
or respondents legal counsel. The complainant shall precede the
respondent when making statements.
D. Witnesses.
(i) Witnesses may be offered by the respondent; witnesses may
be offered by complainant.with the consent of City Council
and any member of City Council may offer witnesses.
(ii) Witness lists shall be offered to City Council by respondent;
complainant and members of City Council prior to the
questioning of any Witness. City Council shall then vote as
to which of complainant's witnesses, if any,may be called to
testify.
(iii) The presiding officer shall call witnesses from the witness
list tendered by respondent and members of City Council
and those tendered by complainants who were approved by
City Council. Additional witnesses, offered by City Council
members, may not be-called unless approved by a majority
of City Council present.
(iv) All witnesses.must be sworn and all questioning of witnesses
shall be conducted by the members of City Council.
(v) Each member of City Council shall be given an opportunity
to offer questions to the.witnesses, as called upon by the
presiding officer. After each member.has such-opportunity,
the questioning of witnesses shall close unless City Council,
by majority vote, chose to allow additional rounds of
questioning.
(vi) Prior to questioning a witness may make, a preliminary
statement that shall not exceed three minutes.
(e) Modification of rules. City Council may establish time limits, which diverge from
these rules, and other rules relating.to-the participation of any person in the hearing
as the particulars of each hearing dictate;-provided that such-rules are imposed in a
non-discriminatory manner as to the rights of the complainant and respondent-and
are agreed upon by a majority of City Council prior to the opening of the hearing.
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(f) Deliberations. After the conclusion of the examination of witnesses City Council
shall deliberate the offered evidence.
(1) In its deliberations City Council shall. rely on evidence of which a
reasonably prudent person commonly relies in the conduct-of the person's
affairs. City Council shall further abide by the following:
A. City Council shall. only consider evidence .relevant to the
allegations; and
B. City Council shall not consider hearsay unless it finds the nature of
the information is reliable and useful.
(g) Findings of fact and law. After deliberations City Council shall vote on whether
each allegation was proven true by a preponderance of the evidence, and if true,the
section of the Charter or the Code of Ethics that was violated.
(h) Disposition. The disposition of a matter by City Council is final. If City Council
determines an allegation is not true,the matter shall be dismissed and City Council
shall take no further action, except to direct the City Secretary to prepare an order;
to be executed by the Mayor, stating the nature of the allegations and the City
Council's findings. If City Council determines an allegation to betrue, the City
Council shall direct the City Secretary to prepare an order, to be executed by the
Mayor,stating the nature of the allegations and the City Council's findings and City,
Council's disposition of the matter, which may include any of the following:
(1) Caution the Member. A caution is educational in nature in that it provides
guidance to the Member, and others, so that future violations do not occur.
(2) Censure. A Censure is penal in nature in that it is a.public expression of
City Council's disapproval of the acts or omissions that led to the violation
of the Charter or the Code of Ethics.
(3) Removal. Any Member who serves at the pleasure of the City Council may
be removed upon a finding that the Member violated the City Charter or the
Code of Ethics.
(4) City Charter. City Council may take further action as may be authorized by
the City Charter.
Sec. 2-254 Power to subpoena witnesses and issue contempt orders.
(a) Purpose and scope. This section is adopted in compliance with the directive=stated
in City Charter Sections 3.06 and 14.10 (1).(E) and shall prescribe the punishment
City Council may impose against any person who violates a subpoena of witnesses
or for the compelling of production of books,papers or other evidence.
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(b) Subpoena power.For the purpose of investigations and hearings,City Council shall
have the power to administer oaths, subpoena witnesses, compel the production of
books, papers, and other evidence material to the inquiry.
(c) Contempt orders. City Council may impose a fine upon any person,whether or not
an official or employee of the city, who violates any subpoena, issued pursuant to
the City Charter and this section, and such fine shall.not exceed $500.00.
Sections 2-525 through 2-530 reserved.
DIVISION 3.- CODE OF CONDUCT
Sec. 2-531 Applicability. and Scope.
This Code of Conduct shall apply to the Mayor and City Councilmembers, and all
appointed Board, Committee and Commission Members of the City of Cibolo; who shall
collectively be referred to as Members in this Code, However, as City Council realizes
that-unlike Ethics,civility and good manners are difficult to mandate and.enforce,this Code
rather than setting out regulatory standards provides a guide as to how members should
conduct themselves in both the conduct of City business and in their personal lives.
Section 2-532 Purpose.
Election to the office of City Council member reflects the trust the citizens of the City of
Cibolo have placed in its Councilmembers; and appointment to a Board, Committee or
Commission reflects equal trust that the Council has.placed in its appointees. The purpose
of this Code is to describe the manner in which members should treat one another, city
staff, constituents, and others as representatives of the City of Cibolo. And.while -it is
understood that members shall not always agree as to adoption of policy and decisions that
affect the City, members must always be mindful that citizens expect members to conduct
themselves in a respect and civil manner. The subsections below,while not an exhaustive
list, are set out as a guide as to manner members should-conduct themselves at all times.
(a) Respect for each other, city staff and the citizens of Cibolo,
(1) Honor the principles of representative government. Members shall
recognize that public policy decisions, based on established values, are
ultimately the responsibility of the entire City Council.
(2) Honor the role of the presiding officer in maintaining order. It is the
responsibility of the Mayor or the Board,:Committee or Commission chair
to keep the comments of members on track during.their respective meetings.
Members should honor efforts by the presiding officer to focus discussion
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on current agenda items. If there is a disagreement about the agenda or the
presiding officer's actions, those objections should be voiced politely and
with reason as prescribed by the Charter.
(3) Continuance of respectful behavior in private discussions. Members are
expected to carry the same respect deemed appropriate for public discussion
into private conversations, whether they be face- to-face, written
communications, voicemails, emails, texts, or through social media.
Members should refrain from making belligerent, personal, impertinent,
slanderous, threatening, abusive; or disparaging comments in public or
private conversation.
(4). Treat all staff as professionals. The.city staff is composed of professionals
who have been hired to execute the policies, ordinances, and laws put into
effect by the City of Cibolo, the State of Texas, and the United States of
America. As such, clear, honest communication that respects the abilities,
experience, and dignity of each individual is.expected.
(5) Honor the work of Boards, Committees and Commissioners. Members
shall respect the value of the independent advice of City Boards,
Committees and Commissions to the public decision-making process and
shall refrain from using their position to unduly influence the deliberations
or outcomes of Board, Committees and Commission proceedings.
(6) Maintain respect forcity staff and citizens. Members shall support the
maintenance of a positive and constructive workplace environment for city
employees and for citizens_and businesses dealing with the city. Members.
shall recognize their special_role in dealing with city employees and.in no
way create the perception of inappropriate direction to staff.
(7) Never publicly criticize an individual employee. Members should refrain
from expressing concerns about the. performance of a. city employee in
public or to the employee directly. Comments about staff performance
should-only be made to the City Manager through private correspondence
or conversations.
(8) Practice civility and decorum in discussions and debate. Members should.
preserve order and. decorum during meetings and should not, by
conversation or other action, delay or interrupt the proceedings or refuse to
obey the orders-of the presiding officer of the meeting or of this Code of
Conduct.Members should,when addressing staff or members of the public,
confine themselves to questions or issues then under discussion. Members
shall not engage in personal attacks,nor impugn the motives of any speaker;
and shall at all times, while in session or otherwise, conduct themselves in
a manner appropriate to the dignity of their office.
Page 10
(9) Speak with one voice. Members will frequently be asked_ to explain an
action or to give their opinion about an issue as they meet and talk with
constituents in the community. It is appropriate to give a brief overview of
the facts or city policies as they relate to actions taken by the City Council,
Board, Committee or Commission. Objectively present the City Council,
Board, Committee or Commissions' collective decision or direction, even
when you may not agree. If you feel the need to express your own opinion,
state it in a way that does not undermine the collective decision or direction
made
(b) Endeavor towards effective and efficient governance.
(1) Strive for efficiency. Members shall be dedicated to public service by being
cooperative and constructive, and by making the best and most efficient use
of available resources.
(2) Direct administrative and operational questions to city management.
Questions of city staff and/or requests for additional information that would
be of interest to all members should be directed to the City Manager. The
City Manager should be copied on any request. Materials supplied to a
member in response to a request will be made available to all members so
that all have'equal access to information.
(3) When possible, keep communications with city staff short,to the point and
at best possible time. Every effortshould be made to limit disruption to
the work of city staff. Members should avoid making requests to staff who
are in meetings, on the phone, or engrossed in performing their job
functions.
(4) Check with city staff on correspondence before taking action. Before
sending correspondence, members should check with the City Manager to
see.if an official city response has already been sent or is in.progress.
(5) Legal advice, Before requesting research or other -action by the City
Attorney, members should consult with the City Manager or obtain the
concurrence of the City Council to ascertain whether the request or action
is appropriate can be accomplished more cost effectively by alternative
means. Requests of the City Attorney should be made through the City
Manager:Exceptions to this are issues related to the performance of the City
Manager and unique and sensitive personal, yet city business related,
requests. The City Attorney shall, in any case,provide any written response
to the full City Council and the City Manager.
Sections 2-533 through 2-540 reserved.
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DIVISION 4.—ADMINISTRATION.
Section 2-541
Annual training required. All members of the City Council, every officer of the city, every
member of all Boards, Committees and Commissions of the city and every city employee
governed by this ordinance shall attend a training session on the requirements of this ethics.
and conduct ordinance. This training session shall be.scheduled by the City Manager with
the approval of the City Council no-later than February of each year.
Section 2-542
Annual review. The City Council shall conduct an annual review of the city's ethics and
conduct policies to ensure that the provisions thereof remain applicable, necessary and
sufficient to govern the conduct and practices of the City Council, Boards, Committees,
Commissions and the city's employees. The City Council may, in its discretion, delegate
thisannual review process to a Commission, Board or Committee.
Sec.2-543 Member ethics statement.
(a) Members of the City Council, Boards, Committees and Commissions must read,
abide by, and sign a copy of the member ethics statement. The signed copy will be
maintained on file in the office of the City Secretary throughout the tenure of the
member's position on the City Council,Board, Committee or Commission.
(b) The form for the members' ethics statement shall be as established by ordinance or
resolution of the City Council,and be available for public examination in the office
of the City Secretary.
Sections 2-543 through 2-550 reserved.
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