The text
Footnotes:
--- (9) --- Editor's note— See editor's note, art. III.
Sec. 2-201. - Policy.#
It is the policy of the city that the proper operation of democratic government requires that city officials be independent, impartial and responsible to the people; that governmental decisions and policy be made in proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all city officials and is adopted.
This code has four purposes: (1) to encourage high ethical standards in official conduct by city officials; (2) to establish guidelines for ethical standards of conduct for all such officials by setting forth those acts or actions that are incompatible with the best interests of the city; (3) to require disclosure by such officials and candidates of private financial or other interests in matters affecting the city; and (4) to serve as a basis for disciplining those who fail to abide by its terms.
The provisions of this article shall not apply to political contributions, loans, expenditures, reports or regulation of political campaigns, or the conduct of candidates in such campaigns, except as expressly provided herein.
(Ord. No. 2002-05, § 1, 5-28-02)
Sec. 2-202. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words used in the present tense include the future tense. Words used in the plural number include the singular, and words in the singular include the plural. The word "shall" is always mandatory. The word "herein" means in this article. The word "person" means any human being or legal entity and includes a corporation, a partnership, and an incorporated or unincorporated association.
Appears before means a person appears before the city council, city board or commission when such person publicly states his name and address, signs a sheet provided at the podium for that purpose, and addresses the council, board or commission, or otherwise makes a presentation or statement to the city council, city board or commission other than when sitting as a member thereof on a matter in which the city official has no financial interest that is greater than that of the general public.
Business dealings means any activity involving the exchange of economic benefits.
Business entity means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, or any legal entity organized for profit.
Candidate means every person who declares for or files for any office of the city to be filled by election.
City official or officer means the mayor, every member of the city council, the city manager, the city attorney and each member of the planning and zoning commission all board and commission members, the municipal judge, all associate or alternate judges, and any city council appointee who, at the time of appointment, city council designates as a city official or officer.
City employee means any individual appointed or hired by and subject to the direction and control of the city manager regardless of whether such hiring or appointment is subject to the consent of city council.
Compensation means any economic benefit received in return for labor, services, property, or investment.
Economic benefit means any money, real or personal property, purchase, sale, lease, contract, option, credit, loan, discount, service, or other tangible or intangible thing of value, whether similar or dissimilar to those enumerated.
Family member means the spouse, parent or child, and the parents of a spouse, of the city official.
Gift means a favor, hospitality, or economic benefit other than compensation, but which does not include campaign contributions reported as required by state law, gifts received from a relative if given on account of kinship, or any value received by will, intestate succession, or as a distribution from an inter vivos or testamentary trust established by a spouse or ancestor.
Identification means for a natural person, the person's name, street address, city and state; for any entity other than a natural person, the name, address, city and state of the entity's principal location or place of business, the type or nature of the entity, the date on which it came into existence, the state of incorporation, if any, the names of the partners or trustees, if any.
Income means economic benefit received.
Intentionally means a person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
Knowingly means a person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
Pecuniary gain means any use, benefit or thing of value that can be valued in money.
Source of income means any business entity, employment, investment, or activity which earned or produced income, including interest, dividends, royalties or rents, which has been paid to or for the credit of a city official, candidate or family member or which would be taxable to said city official, candidate or family member under the United States Internal Revenue Code, as amended, even though not actually paid or credited.
Substantial interest means a person has a substantial interest in a business entity if he and/or a family member: (a) owns ten percent or more of the voting stock or shares of the business entity; (b) owns ten percent or more or $15,000.00 or more of the fair market value of the business entity; or (c) funds received from the business entity exceed ten percent or more of the person's gross income for the previous year. A person has a substantial interest in real property if he or a person related to him in the first degree by consanguinity or affinity own, control or have an interest in the property and the interest has a market value of $2,500.00 or more.
(Ord. No. 2002-05, § 2, 5-28-02; Ord. No. 2013-02, § 1, 2-12-13)
Sec. 2-203. - Standards of conduct.#
(a)
Gifts.
(1)
No city official or city employee shall intentionally or knowingly solicit or accept any contribution, gift, or economic benefit with actual or constructive knowledge that same is:
a.
Offered or given with intent to influence the judgment or discretion of such official; or
b.
Given in consideration of the favorable exercise of such official's judgment or discretion in the past.
(2)
To avoid the appearance and risk of impropriety, city officials shall not solicit or accept any gift, personal favor or benefit from any person doing business with, seeking to do business with, or being regulated by the city; and shall not take any action on behalf of any person or business entity from which he or she has received a prohibited gift, or in which he or she has a substantial interest. Except in the sole interest of the public and the performance of the duties of their position, city officials shall not take any action that he or she knows might reasonably tend to influence any other city official to not properly perform their official duty, nor shall any city official grant any improper favor, service or thing of value to any person.
(3)
As used in this article the word "gift" means a favor, hospitality, economic benefit, product or item having a value of $25.00, or more. A "gift" does not include campaign contributions reported as required by state law, money, items, or benefits received from a relative if given on account of kinship, or any value received by will, intestate succession, or as a distribution from an inter vivos or testamentary trust established by a spouse or ancestor.
(4)
The following factors are considered in evaluating whether a gift is prohibited:
a.
The value of the gift, or gifts, does not exceed $25.00, or $200.00 during any 12 consecutive calendar months;
b.
Any pre-existing relationship between the donor and donee;
c.
Whether the benefit of the gift is transferred to the city or to the city official and whether any consideration is given in exchange for the gift; and
d.
Whether the person or entity giving the gift, or on whose behalf the gift is made, has done business with or has been regulated by the city within the immediate preceding 24 calendar months, or is seeking to do business with the city, or does business with or is regulated by the city during the subsequent 12 months.
(5)
Those items or services that do not constitute prohibited gifts include, but are not limited to, the following:
a.
Political contributions made and reported in accordance with all applicable state laws.
b.
Awards publicly presented in recognition of public service.
c.
Entertainment, meals or refreshments furnished in conjunction with public events, appearances, or ceremonies related to official city business, if furnished by the sponsor of such public event, and meals and refreshments having a value of less than $50.00 when furnished or provided to the city official during the conduct of public business.
d.
Any item received by a city official and donated to a charitable organization or presented to the city within one business day from the date of receipt; any item(s) other than money the value of which does not exceed $25.00 or $200.00 during any 12 consecutive calendar months.
e.
Pens, pencils, calendars, T-shirts, caps and similar items containing logos, slogans, company names or other marketing material and commonly given out for advertising purposes.
(b)
General provisions.
(1)
No city official or city employee shall intentionally or knowingly disclose any confidential or privileged information gained by reason of said official's position. No city official shall use any such confidential information for the pecuniary gain of said official, or others.
(2)
No city official or city employee shall intentionally or knowingly use his or her official position or city-owned facilities, equipment, or supplies for the pecuniary gain or advantage of such official or persons other than the public at large, or use city-owned vehicles, printing facilities, postage facilities or long distance telephone service for personal reasons, pecuniary gain or advantage, or in any political campaign.
(3)
No city official or city employee shall intentionally or knowingly appear before the body of which the official is a member while representing himself, or any other person, group, association, interest, or business entity. This subsection shall not be applicable in instances where the city official is a member of, serves on the board, or serves in an office of, a group, association or other entity by reason of having appointed to serve in such position by the city council.
(4)
No city official or city employee shall intentionally or knowingly represent directly or indirectly any private person, group, or interest other than himself/herself or a family member before any department, agency, commission or board of the city for pay or profit.
(5)
No city official or city employee shall vote on or participate in any decision making process if the official has a direct financial interest in the outcome of the matter under consideration. No city official shall vote on or participate in any decision making process on any matter concerning real property or a business entity if the official has a substantial interest in the business entity or real property.
(6)
None of the foregoing shall be construed to prohibit a city official or city employee from representing his or her interest in his or her owner-occupied homestead before the council, board, commission or any department except for the body of which the official is a member.
(7)
In any action or proceeding in the municipal court of the city which was instituted by a city official in the course of official duties, no city official shall knowingly represent anyone other than himself, herself or a family member. If a council member elects to have a trial in municipal court, the city council, without the participation of the affected council member, shall appoint a special judge to preside over the trial.
(Ord. No. 2002-05, § 3, 5-28-02; Ord. No. 2013-02, § 1, 2-12-13)
Sec. 2-204. - Disclosure of interest.#
(a)
If any city official has a substantial interest in any real property or business entity involved in any decision pending before the body of which the official or person is a member, the official or person shall not vote or otherwise participate in the consideration of the matter.
(b)
If any nonelected city official or city employee has a substantial interest in any real property or business entity involved in any decision pending before the city council, or a board or commission, such city official shall not participate in the consideration of the matter.
(c)
A city official shall publicly disclose, verbally and in writing, the nature and extent of such interest to the body on which the official serves prior to any discussion or determination of the matter to be considered or immediately upon discovery of the conflict of interest. The official or member shall publicly abstain and not participate in the discussion of any such matter, and the following statement of disclosure shall be completed by the official and filed in the official minutes of the body:
AFFIDAVIT OF CONFLICT OF INTEREST
THE STATE OF TEXAS §
COUNTY OF BURNET §
I, ___________ as a member of the Burnet City Council make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me in the first degree by either affinity or consanguinity, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the Burnet City Council, as those terms are defined in Chapter 171 of the Local Government Code.
Date of Meeting: _____
Agenda Item Number: _____
The Business Entity is: _____
_____ have a
*Insert "I" or the name of other persons)
substantial interest in this business entity for the following
reasons: (check all which are applicable)
□ Ownership of 10% or more of the voting stock or shares of the business entity.
□ Ownership of 10% or $15,000 or more of the fair market value of the business entity.
□ Funds received from the business entity exceed 10% of my gross income for the previous year.
□ Real property is involved and I have an equitable or legal ownership with a fair market value of at least $2,500.
□ Other _____ .
Upon the filing of this affidavit with the Official Record Keeper of the City, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever.
Signed this _____ day of _____ , 20___. _____
Signature of Official
_____
Title
BEFORE ME, the undersigned authority, this day personally appeared ___________ and on oath stated that the facts hereinabove stated are true to the best of their knowledge or belief.
SWORN TO AND SUBSCRIBED BEFORE ME on this ________ day of ________, 20___
(Seal) _____
Notary Public in and
for the State of Texas
(Ord. No. 2002-05, § 4, 5-28-02; Ord. No. 2013-02, § 1, 2-12-13)
Sec. 2-205. - Financial disclosure.#
(a)
No later than June 30 of each year, each city official shall file a sworn financial disclosure statement with the city secretary reflecting the financial situation of the city official as of December 31 of the previous year. Notwithstanding any other term or provision of this article, as used in this subsection:
(1)
The term "family member" shall include only the city official, and the spouse and the minor children of the city official;
(2)
The term "substantial interest" shall include only the interests of the city official, and the spouse and minor children of the city official; and
(3)
The annual financial disclosure statement shall not include the assets or property of any person other than those of the city official and the spouse and minor children of the city official.
(b)
A newly employed or appointed city official shall file a sworn financial disclosure statement with the city secretary within 30 days from the date the position with the city is assumed. Said statement shall reflect the financial situation as of date of employment or appointment and for the previous 12 months.
(c)
Each candidate shall file a sworn financial disclosure statement with the city secretary within (15 days of filing for office, reflecting the financial situation of the candidate as of December 31 of the year previous to the election date.
(d)
Each person required to file a financial disclosure statement shall do so on a form supplied by the city which shall include the following information:
(1)
The person's name, residence address, business address, telephone number, name of all family members and all names under which the person or family member does business.
(2)
Identification by street address, and legal description of all real property located within the city or its extraterritorial jurisdiction in which the person has a substantial interest.
(3)
Identification of each business entity owning property or doing business within the city or its extraterritorial jurisdiction in which the person has a substantial interest.
(4)
Identification of each person or business entity, other than a bank or a savings and loan association, to whom the person or family member owed a debt of $10,000.00 or more during the reporting period, but excluding debts owed to persons related within the second degree of consanguinity or affinity and loans to a political campaign which were reported as required by law; if repaid during the reporting period the date of repayment shall be stated.
(5)
Identification of each source of income amounting to ten percent or more of the person's or family member's gross annual income as defined by the United States Internal Revenue Code.
(6)
Identification of the donor and value of each gift of more than $150.00 received by the person or family member, from a donor that has appeared before and requested action of the city council during the reporting period.
(e)
The financial disclosure statements required to be completed by city officials and filed in the office of city secretary shall be in the following form:
CITY OF BURNET
FINANCIAL DISCLOSURE STATEMENT
[For the year ending ________, 20 ___] This form is required to be completed by the following City Officials: Mayor, City Council Members, City Manager, the City Attorney and each member of the Planning and Zoning Commission.
This statement is due no later than June 30th of each year.
This statement is required by the Ethics Ordinance of the City of Burnet. Please refer to the Ordinance for specific requirements and the definition of terms. Where additional space is required, please attach separate pages.
Please fill in all blanks. If a requested item does not apply, write "N/A".
Name: _____
Residence Address: _____
Telephone:
(work) _____
(home) _____
Name of Spouse: _____
Name(s) of all dependent minor children:
_____
_____
_____
_____
_____
Names in under which you, your spouse, and/or your dependent minor children do business:
_____
_____
_____
A. Identify by street address and legal description separately, all real property located within the City of Burnet or its extraterritorial jurisdiction in which you have a substantial interest. _____
_____
_____
_____
_____
[Attach separate page if necessary]
B. Identify each business entity owning property or doing business within the City of Burnet or its extraterritorial jurisdiction in which you have a substantial interest. Include name, address of principal place of business, state of incorporation (if applicable), names of partners, board members, directors, trustees, etc. of each such separate business. Do not include any company or entity listed on a national stock exchange, unless you own more than one percent (1%) of the outstanding stock, shares or units of such company.
_____
_____
_____
_____
_____
[Attach separate page if necessary]
C. Identify each person or business entity to whom you, your spouse, or your dependent minor children owe a debt of $10,000.00 or more. Include the name and address of the person or entity to which you owe a debt, and if repaid in the reporting period, the date of repayment. Do not include debts owed to persons related to you within the second degree, debts owed to national or state banks or savings and loan associations, and exclude loans to a political campaign which were reported. _____
_____
_____
_____
_____
_____
[Attach separate page if necessary]
D. Identify each source of income amounting to ten percent (10%) or more of your or your spouse's or your dependent minor children's gross annual income. Also list the address of such source of income. _____
_____
_____
_____
_____
_____
[Attach separate page if necessary]
E. Identify the source and value of each gift of more than one hundred fifty dollars ($150.00) in value received by you or your spouse or your dependent minor children. Also list the address of such source. Do not list gifts from family members related to you within the second degree, or campaign contributions reported by you. _____
_____
_____
_____
_____
_____
[Attach separate page if necessary] By: _____
Signature
Name: _____
Type or Print
STATE OF TEXAS §
COUNTY OF BURNET §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
_____ ,
as affiant, known to me, and after being duly sworn by me, stated on his/her oath that the foregoing and annexed Financial Disclosure Statement is within the knowledge of affiant and is true and correct. _____
Notary Public-State of Texas
(f)
The city secretary shall maintain all financial disclosure statements required to be filed herein as public records and shall retain them for a period of three years after which the statements shall be returned to the person filing them or shall be destroyed.
(Ord. No. 2002-05, § 5, 5-28-02)
Sec. 2-206. - Board of ethics.#
(a)
A board of ethics (the "board") is hereby established. The board shall be composed of three members, all of whom shall reside in the city.
(b)
Board members shall be appointed by majority vote of the city council.
(c)
Each board member shall be appointed by the city council and shall occupy a position on the board, such positions being numbered 1 through 3.
(d)
The board members shall be appointed to three year staggered terms. Position 1 shall serve an initial term of one year which shall expire on September 30 of 2002. Position 2 shall serve an initial term of two years which shall expire on September 30 of 2003. Position 3 shall serve an initial term of three years which shall expire on September 30 of 2004. After each such initial term expires, the term of office for each position shall be three years.
(e)
All vacancies shall be filled for the unexpired term. A member shall hold office until his or her successor has been appointed by the city council.
(f)
The board shall elect a chair and a vice-chair to one year terms. The vice-chair shall act as chair in the absence of the chair.
(g)
Two members of the board shall constitute a quorum, but no action of the board shall be of any force or effect unless it is adopted by the favorable vote of at least two or more members.
(h)
The board shall render advisory opinions on potential conflicts of interest or violations of this section at the request of a city official or member of a city board or commission. Such advisory opinion shall be rendered within a reasonable time, but in no event later than 30 days after a request therefore is received by the board.
(i)
It shall be a defense to the prosecution of or proceedings on an alleged violation of this article that the person accused previously requested an advisory opinion of the board and acted on such opinion in good faith, unless material facts were omitted or misstated by the person requesting the opinion. Such advisory opinion shall also be binding on the board in any subsequent charges concerning the person requesting the opinion.
(j)
Independent legal counsel shall be utilized to advise the board and participate in hearings. The city council shall designate and retain independent counsel who shall be a duly licensed attorney in the state.
(Ord. No. 2002-05, § 6, 5-28-02)
Sec. 2-207. - Investigations and complaints.#
(a)
Investigation by board. The board may in its discretion hear information and witnesses in a public meeting, or direct the independent legal counsel, to investigate any potential violation of this article known to the board. The board shall investigate any potential violation of this article upon a request by the city council. No complaint shall be required prior to the board conducting an investigation under this subsection.
If the board undertakes to investigate any a potential violation of this article, within seven days of the board's vote to investigate the possible violation, the board shall draft a written notice referencing the provision(s) of this article applicable to the investigation and shall file a copy with the city secretary, and provide a copy to the city attorney, the independent counsel, and the person whose actions are being investigated. If a board investigation results in a complaint being filed, not later than ten days after the filing of the complaint is approved by a majority vote of the board, the board shall notify in writing the person complained against of the date for a preliminary hearing.
(b)
Sworn complaint required. Only upon a sworn complaint by a person, or by the board, being filed with the city secretary's office, shall the board consider specific violations of this article that are alleged to have been committed by city officials and candidates.
(c)
Complaint to specify charges. A sworn complaint based on personal knowledge alleging a violation(s) of this article shall specify the provision(s) of this article alleged to have been violated, and shall name the city official or candidate being charged. A complaint filed by the board may be made on information and belief.
(d)
Complaints required to be timely made. A complaint alleging a violation of this article must be filed with the city secretary within two years from the commission of the act alleged as a violation, and not afterward.
(e)
Notices given when complaint filed. Not later than five working days after the city secretary receives a sworn complaint, the city secretary shall acknowledge the receipt of the complaint to the complainant, and provide a copy of the compliant to the city attorney, the independent counsel, the board and the person complained against. Not later than ten working days after receipt of a complaint, the board shall notify in writing the person who made the complaint and the person complained against of a date for a preliminary hearing. If the board does not hold a preliminary hearing within 20 working days of receipt of the complaint, it shall notify the person who made the complaint of the reasons for the delay and shall subsequently give him or her the appropriate notification.
(f)
Jurisdiction of board. The board's jurisdiction to hear complaints is limited to city officials.
(Ord. No. 2002-05, § 7, 5-28-02; Ord. No. 2013-02, § 1, 2-12-13)
Sec. 2-208. - Hearings and disposition of alleged violations.#
(a)
Board communications. After a complaint has been filed and during the pendency of a complaint before the board, a member of the board may not communicate directly or indirectly with any party or person about any issue of fact or law regarding the complaint, except at a meeting of the board; provided that the chair, or as applicable the vice-chair, may consult with the attorney for the board as to process, procedure and legal issues.
(b)
Preliminary hearing. As soon as reasonably possible, but in no event more than 60 days after receiving a complaint, the board shall conduct a preliminary hearing.
(1)
The issue at a preliminary hearing shall be the existence of reasonable grounds to believe that a violation of this article has occurred. The person filing a complaint, or the independent counsel in cases considered upon the board's own initiative, shall state the alleged violation and shall describe in narrative from the testimony and other evidence which would be presented to prove the alleged violation as stated in the written complaint. Statements, other than those made by the independent counsel on information and belief, at a preliminary hearing shall be under oath, but there shall be no cross-examination or requests for persons or evidence issued for the hearing. Members of the board may question the complainant, the independent counsel for the board, or the city official named in the complaint, as may the independent counsel.
(2)
The city official named in the complaint shall have the opportunity to respond, but is not required to attend or make any statement. The official may describe in narrative form the testimony and other evidence which would be presented to disprove the alleged violation. If the official agrees that a violation has occurred, he may so state and the board may consider the appropriate sanction.
(3)
The complainant and the city official named in the complaint shall have the right to employ and to be represented by legal counsel.
(4)
At the conclusion of the preliminary hearing, the board shall decide whether a final hearing should be held. If the board determines there are reasonable grounds to believe that a violation of this article has occurred, it shall schedule a final hearing. If the board does not determine that there are reasonable grounds to believe that a violation of this article has occurred, the complaint shall be automatically dismissed. A decision to conduct a final hearing is not a finding that a violation has occurred.
(5)
The board, at any time during the preliminary hearing, may also dismiss a complaint if the complaint does not allege conduct which would be a violation of this article. Before a complaint is dismissed for failure to allege a violation, the complainant shall be permitted one opportunity, within ten days of such preliminary hearing, to revise and resubmit the complaint.
(6)
The complainant, the independent counsel, and the city official named in the complaint may ask the board at a preliminary hearing to request certain persons and evidence for a final hearing, if one is scheduled.
(c)
Final hearing. The final hearing shall be held as expeditiously as possible following the determination by the board that there are reasonable grounds to believe that a violation of this article has occurred, but in no event shall it be held more than 30 days after said determination.
(1)
The board may grant two postponements, not to exceed 15 days each, upon the request of the city official named in the complaint.
(2)
The issue at a final hearing shall be whether a violation of this article has occurred. The board shall make its determination based on clear and convincing evidence in the record. All witnesses shall make their statements under oath. If the board determines that a violation has occurred, it shall state its findings in writing, shall identify the particular provision(s) of this article which have been violated, and within five working days shall deliver a copy of the findings to the complainant, if any, the person named in the complaint and the city secretary.
(3)
If a complaint proceeds to a final hearing, the board may request and subpoena witnesses to attend and testify, administer oaths and affirmations, take evidence and request the production of books, papers, records, or other evidence needed for the performance of the board's duties or exercise of its powers, including its duties and powers of investigation. It shall be a violation of this article for a person to fail to appear and testify before the board in response to a request made in writing ten days or more prior to the scheduled time and date of the notice or request to appear.
(Ord. No. 2002-05, § 8, 5-28-02)
Sec. 2-209. - Disposition and sanctions.#
(a)
Violation found. If the board determines that a violation of this article has occurred, it shall proceed directly to determination of the appropriate sanction(s). A violation of this article shall not be subject to criminal penalties under the City Code, except for the two instances specifically provided for in this article. The board may receive additional testimony or statements before considering sanctions, but is not required to do so. If the city official or candidate named in the complaint acted in reliance upon a written opinion of the city attorney, the board shall consider that fact.
(b)
Possible sanctions. If the board determines that a violation has occurred, it may impose or recommend the following sanctions:
(1)
A letter of notification shall be the appropriate sanction when the violation is clearly unintentional, or when the official's conduct complained of was made in reliance on a written opinion of the city attorney. A letter of notification shall be directed to the official complained against, with a copy to the complainant and to the city secretary.
(2)
A letter of admonition shall be the appropriate sanction in those cases in which the board finds that the violation is minor and/or may have been unintentional, but calls for a more substantial response than a letter of notification. The board may admonish any official covered by this section.
(3)
A reprimand shall be the appropriate sanction when the board finds that a violation has been committed intentionally or through disregard of this section. The board may reprimand any official covered by this section. A reprimand directed to a city official or board or commission member shall also be sent to the city council and city secretary, and published in the official newspaper.
(4)
A letter of censure shall be the appropriate sanction when the board finds that a serious or repeated violation(s) of this article has been committed intentionally or through culpable disregard of this article by a city official. A letter of censure directed to a city official shall be transmitted to the city secretary, published in the official newspaper of the city and shall be sent to the city council.
(Ord. No. 2002-05, § 9, 5-28-02)
Sec. 2-210. - Application as to city employees.#
The city manager shall enforce this article as to employees of the city, giving consideration to the specific facts involved and the position held by the employee. Action taken by the city manager with respect to any specific event, action or employee, may, depending on the applicable facts and discretion of the city manager, range from oral reprimand to termination.
(Ord. No. 2002-05, § 10, 5-28-02; Ord. No. 2013-02, § 1, 2-12-13)
Editor's note— Ord. No. 2013-02, § 1, adopted Feb. 12, 2013, changed the title of § 2-210 from city manager to application as to city employees.
Sec. 2-211. - False complaints.#
In the event a complaint is received by the board that is subsequently found to be baseless, and the board deems that the complaint was filed with the intent to: (1)
Harass the person named in the complaint; or
(2)
Damage any person's reputation; or
(3)
Benefit the person filing the complaint, or a third party, either personally, professionally or politically; or
(4)
Damage a related third party;
the board may recommend the city attorney cause a complaint to be filed against such person in the municipal court or, as appropriate, a higher court of this state; the city council or city manager, as appropriate, take disciplinary action(s) against the individual who filed the complaint, including but not limited to disciplinary action if such complainant is a city employee or appointed officer or official of the city; and/or the filing of a civil action to recover the costs, fees, charges and expenses incurred by the city with respect to such complaint. The board may also recommend other action(s) that should be taken.
(Ord. No. 2002-05, § 11, 5-28-02)
Sec. 2-212. - Penalties.#
Any person who shall violate subsection 2-208(c)(3) or section 2-211 of this article shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $500.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
Secs. 2-213—2-240. - Reserved.#
(Ord. No. 2002-05, § 12, 5-28-02)