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G-11-06-09-9C2 - 6/9/2011ORDINANCE NO. q""IP06-09'61C2- AN ORDINANCE AMENDING CHAPTER 2, SECTION 2-118, CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING STANDARDS OF CONDUCT; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That Chapter 2, Section 2-118, Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 2-118. - Standards of conduct. (a) Gifts. No city official, appointee, or employee shall intentionally or knowingly solicit or accept any contribution, gift, or economic benefit with actual or constructive knowledge that same is: (1) Offered or given with intent to influence the judgment or discretion of such employee or official; or (2) Given in consideration of the favorable exercise of such employee or official's judgment or discretion in the past. (b) General provisions. (1) No city official, appointee, or employee shall intentionally or knowingly disclose any confidential information gained by reason of said official or employee's position concerning the property, operations, policies or affairs of the city, or use such confidential information for the pecuniary gain of said official, employee, or others. (2) No city official, appointee, or employee shall intentionally or knowingly use one's official position or city owned facilities, equipment, or supplies for the pecuniary gain or advantage of said official, employee, or others, or use city owned vehicles, printing facilities, postage facilities or long distance telephone service for personal reasons, for pecuniary gain or advantage, or in any political campaign. Except as otherwise specifically authorized by ordinance, no city official or appointee 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. (3) (4) No city official or employee shall intentionally or knowingly represent directly or indirectly any private person, group, or interest other than himself or a family member before any department, agency, commission or board of the city for economic benefit or pecuniary gain. (5) No member of the Planning and Zoning Commission shall intentionally or knowingly represent directly or indirectly any private person, group, or interest other than himself or a family member before any city employee or department with respect to any matter that O:\wdox\SCCluts\O112\ 1104\MUNICIPAUoo224321.DOC/SLS may come before the Planning and Zoning Commission or the Zoning Board of Adjustments. (6) No city official, appointee, or employee shall vote on or participate in any decision making process if the official or employee has a direct financial interest in the outcome of the matter under consideration. No city official, appointee, or employee shall vote on or participate in any decision making process on any matter concerning real property or a business entity if the city official, appointee, or employee has a substantial interest in the business entity or real property. No city official or employee shall intentionally or knowingly accept other employment or engage in outside activities incompatible with the full and proper discharge of official duties and responsibilities, or which would tend to impair independent judgment in the performance of said official duties. (7) (8) None of the foregoing shall be construed to prohibit any city official, appointee, or employee from representing his interest in his owner -occupied homestead before the council, board, commission or any department except for the body of which the official is a member, or the department by which the employee is employed. In any action or proceeding in the municipal court of the city which was instituted by a city official or employee in the course of official duties, no city official shall knowingly represent anyone other than himself 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. (9) (10) No city official shall act as a surety for any person or business entity that has any contract with the city, or on any bond required by the city for any city official or employee. 11. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 2 Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of , 2011. Alternative 2. READ and APPROVED on first reading this the day of , 2011. READ, APPROVED and ADOPTED on second reading this the 9 day of V1t , 2011. ATTEST: 9k/i/t/l• ikeri7tt SARA L. WHITE, City Secretary Op -7/1., ALAN MCGRAW, Mayor City of Round Rock, Texas 3 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY; Agenda Item No. 9C2. City Council Agenda Summary Sheet Agenda Caption: Consider an ordinance amending Chapter 2, Section 2-118, Standards of Conduct, Code of Ordinances to add a subsection regarding Planning and Zoning Commission. (First Reading) Meeting Date: June 9, 2011