ORD 1317 10/13/2020 4 Of C,&
w O
U � O
rex •
•csramax•
ORDINANCE NO. 1317
AN ORDINANCE AMENDING CHAPTER 2,ARTICLE VIII,CODE
OF ETHICS AND CONDUCT, DIVISION 1 (CODE OF ETHICS),
DIVISION 2 (INVESTIGATINOS AND HEARINGS), DIVISION 3
(CODE OF CONDUCT)AND DIVISION 4(ADMINISTRATION)OF
THE MUNICIPAL CODE OF ORDINANCES OF THE CITY OF
CDIOLO ESTABLISHING A FINE FOR VIOLATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the of Cibolo's Home Rule Charter adopted by the citizens provides in Section 14.08
for the establishment of a Code of Ethics;, and
WHEREAS, in accordance with the City Charter, the City Council adopted Ordinance number
117 on November 13,2014,Ordinance number 1121 on February 2,2015,and Ordinance number
1149 on February 2,2016; and
WHEREAS, the City Council desires to amend the Code of Ethics by establishing a fine for a
violation of the Code of Ethics and that no fine may exceed$250,removing the Code of Conduct
from the Code and requiring elected and appointed officials to acknowledge such Code of Conduct
and requiring sworn complaints for any allegation of a violation of the Code of Ethics;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HONDO:
SECTION 1. AMENDMENT. Chapter 2 of Code of Ordinances (Administration), specifically
Article VIII(Code of Ethics and Conduct), Divisions 1 to 4 of the Municipal Code of Ordinances
of the City of Cibolo is amended so that it shall read as follows:
ARTICLE VDI. 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, commission and eorooration members of the City of Cibolo; who shall collectively be
referred to as"members"in this Code.
1
Sec.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,
commissions and corporations we 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,
eleeted-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, commissions and corporations 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,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,commissions or corporations about
personnel, purchasing, awarding contracts, selection of consultants, processing development
applications,or the granting of city licenses or permits.
(3) Make no promises on behalf of city council,boards,committees, commissions,corporations
or staff.Members shall not overtly or implicitly promise action on the part ofthe city council,
a particular board, committee, commission, corporation 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.
(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
2
involve their capacity as an official of the city and where official actions by the city
council, committee, commission, board or corporation members are required. Members
shall abstain from participating in deliberations and decision-making where such conflicts
may exist.
(7) Oath of appointment. An appointee to a board, commission, committee and corporation
shall abide by the terms of their oath of appointment.
(8) Failure to adhere to Code Members will only be investigated for allegations of violations
of the Code of Ethics if a sworn comolaint is filed with the City Secretary. Complaints will
be Processed in accordance with procedures Provided in Sec 2-523 City Council may
impose a fine in accordance with Sec 2-523 (8)
DMSION 2.—INVESTIGATIONS AND HEARINGS
See.2-523.—Rules for conduct of hearing
At any hearing held under this section during the investigation or disposition of a sworn complaint, the
following rules apply:
(1) Prehearing review. All complaints shall be sworn per Section 2-503 (b) (8) and
subject to pre-hearing review as follows:
a. 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.
1.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.
2. 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 city attorney's opinion, in which case the city
council shall proceed with a fact finding hearing as provided herein.
(8) 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 be true, 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-eewreils disposition
of the matter,which may include any of the following:
a. 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.
b. 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
c. 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.
d. Fine. For any allegation or allegations,specified in a sworn complaint that
is/are substantiated by independent counsel or by city council as a result of a
hearing, city council may impose a fine of up to $250, upon any respondent
named in the substantiated allegation(s).
e. 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.
(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$250.00.
DIVISION 3.—CODE OF CONDUCT
Sec. 2-531. -Applicability and scope.
The Code of Conduct shall be a council policy directive that shall be executed by the mayor,
city council and members of all boards, committees,commissions and corporations within thirty(30)
days of being sworn into office. A complaint may not be filed for an alleged violation of the Code of
Conduct policy.
DIVISION 4.—ADMINISTRATION
Sec. 2-541. Ethics training required.
All members of the city council, every officer of the city, every member of all boards,
committees, commissions and corporations of the city and every city employee governed by this
article shall attend a training session on the requirements of this ethics and conduct ordinance at
least once every three (3) years. This training session shall be scheduled by the city manager
with the approval of the city council no later than February of each year for any elected or
appointed official who has not attended a training session in the last three (3)years.
Sec.2-543.-Member ethics statement.
(a) Members of the city council, boards, committees, commissions and corporations 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, commission or corporation.
4
(b) The form for the members' ethics statement shall be as established by Council Policy and be
available for public examination in the office of the city secretary.
SECTION 2. The remainder of Chapter 2 of Code of Ordinances (Administration), specifically
Article VIII (Code of Ethics and Conduct), Divisions 1 to 4 of the Municipal Code of Ordinances
of the City of Cibolo shall remain unchanged by these Amendments.
SECTION 3. INCORPORATION OF RECITALS. The City Council finds the recitals in the
preamble of this Ordinance are true and correct and incorporates them as findings of fact.
SECTION 4. REPEALER. All ordinances, parts of ordinances, or resolutions in conflict
herewith are expressly repealed.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be unconstitutional or illegal,such decision shall not affect the
validity of the remaining sections of this Ordinance. The City Council hereby declares that it
would have passed this Ordinance, and each section, subsection, clause, or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences,clauses or phrases be
declared void; and that in lieu of each clause or provision of this Ordinance that is invalid, illegal,
or unenforceable there be added by the Mayor as necessary with the approval of the City Attorney
as to form, and as a part of the Ordinance a clause or provision as similar in terms to such invalid,
illegal or unenforceable clause or provision as may be possible, legal,valid and enforceable.
SECTION 6.EFFECTIVE DATE. This ordinance shall become effective upon the adoption of
this ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS,THIS 13th DAY OF OCOTBER 2020.
� APPROVED:
oBoyle
a or
ATTEST:
j - 91� /--' I
/
Peggy Cimics,TRMC
City Secretary
5