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O-90-2518 - 11/8/1990ORDINANCE NO. C 55) AN ORDINANCE AMENDING CHAPTER 1, SECTION'1.907, SUBSECTIONS (1) AND (2) TO PROVIDE A COMPLAINT FORM AND TO ESTABLISH PROCEDURES FOR COMPLAINTS FILED BY THE ETHICS COMMISSION OR A MEMBER THEREOF; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. WHEREAS, pursuant to Chapter 1, Section 1.906, Code of Ordinances, 1990 Edition, City of Round Rock, the City Council has established and appointed an Ethics Review Commission, and WHEREAS, one of the duties of the Commission is to review the ethics ordinance and to make recommendations to the City Council for amendments thereto, and WHEREAS, on October 23, 1990 the Chairman of the Ethics Commission presented the City Council with a resolution of the Commission recommending certain amendments to the ethics ordinance, and WHEREAS, the City Council has reviewed and considered said recommendation and determined that the proposed amendments are advisable, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS that: I. Chapter 1, Section 1.907(1) Code of Ordinances, 1990 Edition, City of Round Rock, Texas, is hereby amended to read as follows: (1) A sworn complaint based on personal knowledge alleging a violation(s) of this Section shall specify the provision(s) of this section alleged to have been violated, and shall name the city official, candidate, or employee being charged. The complaint shall be made upon the form which follows. GCRRORD THE STATE OF TEXAS COUNTY OF WILLIAMSON TO: THE ETHICS REVIEW COMMISSION OF THE CITY OF ROUND ROCK, TEXAS: COMES NOW , and makes this complaint, Complainant UPON HIS/HER PERSONAL KNOWLEDGE AND UNDER OATH against , and would show the (Name of Person complained against) Commission that: On or about the day of , 199_, (insert date of the action, or omission, complained of) (name of person complained against) a/ an (insert appropriate designation; city official, candidate, of the City of Round Rock, employee, Board or Commission member) Texas, violated the following provision(s) of Chapter 1, §9, Code of Ordinances, City of Round Rock, Texas, to wit: (Specify by Section, Subsection and Paragraph number the provision(s) alleged violated.) by committing the following act, or omission, to -wit: (Describe above, the action, or omission, alleged to violate each Code provision cited. You may attach additional pages if more space is required.) 2. SIGNED this the day of , 199 (Signature of Complainant) SWORN TO AND SUBSCRIBED BEFORE ME, by on this the day of My Commission Expires: , 199 Notary Public In and For the State of Texas II. That Chapter 1, Section 1.907(2) Code of Ordinances, 1990 Edition, City of Round Rock, Texas, is hereby amended to read as follows: (2) Upon the aforesaid sworn complaint of any person being filed with the City Secretary's office, or on its own initiative, the Commission shall consider possible violations of this section by city officials, candidates and employees. A complaint shall not be deemed to be filed on the initiative of the Commission save and except the complaint be signed and sworn to by two members of the Commission, one of which is the Chairman of the Commission, after consultation with the legal counsel of the Commission. A complaint filed by an individual member of the Commission shall be deemed to have been filed in the Commission member's capacity as a private citizen and, in such event, the member of the Commission filing the complaint shall not thereafter participate in a Commission meeting at which such complaint is considered save and except that the Commissioner filing the complaint may participate as a complainant at such meeting. 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. 3. 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. Q READ, PASSED, and ADOPTED on first reading this u day of fto���� , 1990. Alternative 2. READ and APPROVED on first reading this the day of , 1990. READ, APPROVED and ADOPTED on second reading this the of ATTEST: , 1990. UX A fl."L"NNE LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas 4. day DATE: November 5, 1990 SUBJECT: City Council Meeting, November 8, 1990 ITEM: 11.E. Consider an ordinance amending the Ethics Ordinance. (First Reading) STAFF RESOURCE PERSON: Joanne Land STAFF RECOMMENDATION: The attached ordinance sets out the proposed amendments to the Ethics Ordinance as presented by the Ethics Commission at the last meeting.