ORD 1117 11/13/2014 ORDINANCE NO. 1117
AN ORDINANCE ESTABLISHING A CODE OF ETHICS AND CONDUCT FOR THE CITY OF
CIBOLO,TEXAS.
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, it is the City Council's desire to have all the appointed members of.our Boards and
Commissions agree to abide by the Code of Ethics and Conduct; and
WHEREAS, the City Council believes that this Code of Ethics and Conduct will reaffirm the City
Council's intention to establish a code of conduct for all current and future elected and appointed
officials; and
NOW,THEREFORE,BE IT ORDAINED.BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS:
SECTION 1. The .City Council hereby adopts the City of Cibolo Code of Ethics and Conduct as
attached hereto and incorporated by reference.
SECTION.2. The City Council hereby repeals ORDINANCE NO. 668 as this-City of Cibolo Code of Ethics
and Conduct ordinance replaces that.ordinance
SECTION 3. Saving Clause. 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.
PASSED AND APPROVED this /3—day of dV 11L19-el—_,2014
LISA M.J KSON,Mayor
ATTEST:
Z L
PEGGY CIMICS, City Secretary
CITY OF CIBOLO
CODE OF ETHICS AND CONDUCT
The Cibolo City Council, Boards, 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. The office held by
-elected and appointed officials is one of trust and service, and creates special responsibilities for
the office holder. The professional and personal conduct of office holders must exemplify the highest
of standards and demonstrate objectivity, .impartiality, honesty, integrity, respect, faithfulness, and
transparency.
A. Code of Ethics
1. In this ordinance, "Members" mean individuals serving on the City Council, Boards or Commissions
of the City of Cibolo,.Texas.
2. Members shall be dedicated to the highest ideals of honor and integrity in all public and
personal relationships so that every member may merit the respect and confidence of the citizens of
Cibolo
3. Members shall recognize that the chief function of local government at all times is to serve the best
interest of all of the citizens of Cibolo. 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. 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.
4 Members shall be dedicated to public service by being cooperative and constructive, and by making
the best and most efficient use of available resources.
5 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
6. Members shall assure their independence and impartiality on behalf of the common good.They
shall not use their official positions to influence government positions which may give the
appearance of a conflict of interest. Members shall represent the official policies or positions of the
City Council, Boards, or Commissions to the best of their ability when designated as delegates for
this purpose When presenting their -individual opinions and positions, members shall explicitly
state they do not represent their body or the City of Cibolo, nor will they allow the inference that
they do.
7. In accordance with the law, members shall disclose investments, interest in real property, sources of
income and gifts, and any other interests in business transactions that involve their capacity as an
official of the City or where official actions by the City are required. Members shall abstain from
participating in deliberations and decision-making where such conflicts may exist.
8. Members shall recognize that public policy decisions, based on established values, are ultimately the
responsibility of the entire City Council
9. Members shall conduct business in open, well-publicized meetings in order to be directly
accountable:to the citizens of Cibolo. It is recognized:that.certain exceptions are authorized by Texas
Government Code, Chapter 551, The Open Meeting Act, for discussion in executive session.
However, any action must be taken in_open session. It is recognized:that individual members may
use social media in expressing personal opinions on matters relating to City business and to
solicit citizen input and feedback for issues that the City may be addressing. Members who post
communications or information on social media relating.to City business when a potential quorum
might exist must only do so-in accordance with the Texas Open Meetings Act and must not reveal
or allude to any confidential information of the City or information that is protected by the Attorney-
Client privilege.
10. 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 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 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, Section 14.09).
11. Members shall respect the value of the independent advice of City Boards and Commissions to the
public decision-making process and shall refrain from using their position to unduly influence the
deliberations or outcomes of Board and Commission proceedings:
12 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.
B. Code of Conduct
1. 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
Ethics and 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.
2. Honor the Role of the Presiding Officer in Maintaining Order. It isthe responsibility of the Mayor or
the Board 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 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. Demonstrate Effective Problem Solving Approaches. Members of the City Council, Boards, and
Commissions have been entrusted by the. Citizens of Cibolo to develop effective and efficient
policies that balance the diversity of interests that make up our city. Members should prepare
in advance for each meeting and be familiar with issues on the agenda. Members who wish to place
an item on the agenda should discuss the item with the City Manager or the Mayor prior to the
submission of the item. Members who place items on the agenda should provide all information
relevant to that item to the City Secretary for disbursement to the other members of the Council,
Board, or Commission at the time the item is added. If no such information is available, the
member should provide a brief summary of the reasons the item has been placed on the agenda
to the City Secretary when it is submitted so that fellow members may conduct their own
research prior to the meeting in-order to be properly prepared to discuss the item
4. 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.
5. 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.
6. Direct Administrative and Operational Questions to City Management. Questions of city staff and/or
requests for additional .information that would be of interest.to 811 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
7. When Possible, Keep Communications with City Staff Short, to the Point and at-the Best Possible
Time. Every effort should 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.
8. 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
9. 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 Council, Boards, or Commissions about personnel, purchasing,
awarding contracts, selection of consultants, processing: development applications, or the
granting of city licenses or permits.
10. 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.
11. 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.
12.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 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 council and the City
Manager.
13. Issues that May Require the Involvement of Outside Agencies. "Outside agencies" mean state
administrative agencies, boards, 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 should 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.
14. Make no Promises on Behalf of Council, Boards, Commissions or Staff. Members shall not overtly
or implicitly promise action on the part of the City Council,.a particular Board 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, themember 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.
15.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 council,
board, or commission. Objectively present the council, board, 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.
16.Make no Personal Comments About Other Council, Board, or Commission Members or City Staff It is
acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments
about other council-, board, commission members or city staff, their opinions, and their actions
Honesty and respect for the dignity of each individual should be reflected in every work and action
taken by council,board, or commission members.It is a serious and continuous responsibility
17.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 of each year.
18.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, Commissions and the city's
employees. The City Council may; in its discretion, delegate this annual review process to a
commission, board or committee.
C. Compliance and Enforcement
The City of Cibolo Code of Ethics and Conduct expresses the standards of ethical conduct expected for
members of the City Council and associated Boards and Commissions. Members themselves have the
primary responsibility to assure that ethical standards are understood and met and that the public can
continue to have full confidence in the integrity of government. Any apparent violations of this code
may be referred to the City Council for investigation as allowed for in the Charter (Article XIV, Section
14.101-. If, upon investigation, the Council finds that a violation of this Code of Ethics and Conduct has
occurred, the City Council may caution.or censure the member responsible thereof or take such other
actions as set forth in the.Charter.
Cibolo City Council, Boards, and Commissions
MEMBER STATEMENT
As a member of the Cibolo City Council,Board, or Commission I do hereby agree to uphold and abide by
the Code of Ethics and Conduct for elected and appointed officials adopted by the City and conduct
myself by the following model of excellence. I will:
Recognize the worth-of individual members and appreciate the individual talents, perspectives,
and contributions.
Help create an atmosphere of respect and civility where individual members,_City staff, and the
public are free to express their ideas and work to their full potential.
Conduct my personal and public affairs with objectivity, impartiality, honesty, integrity, respect,
faithfulness, and transparency.
Respect the dignity and privacy of individuals and organizations
Keep the common good as my highest purpose and focus on achieving constructive solutions for
the public benefit.
Avoid and discourage conduct which is divisive or harmful to the best interest of Cibolo
Treat all people with whom.I come in contact in the way Iwish to be treated.
I affirm that h have read and understood the City of Cibolo's Code of Ethics and Conduct and agree to
uphold and abide by this Code to the best of my ability.
Name: _ (Print)
Date:
Office Held: (Print)
Signature•