G-02-08-22-12B2 - 8/22/2002ORDINANCE NO. " Oa - 0E-2-12602.)
AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS
AMENDING CHAPTER 1, CODE OF ORDINANCES, (1995 EDITION)
CITY OF ROUND ROCK, BY ADDING SECTION 1.900.1 NEPOTISM;
PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That Chapter 1 of the Code of Ordinances, (1995 Edition) City
of Round Rock is hereby amended by adding Section 1.900.1 to read
as follows:
SECTION 1.900.1 NEPOTISM
1.901.1 NEPOTISM
(1)
A person is related to a city official or employee within the third degree by consanguinity
if such person is the parent, child, brother, sister, grandparent, grandchild, great-
grandparent or great-grandchild of the city official or employee, or if the person is an aunt
or uncle who is the sister or brother of one of the city official or employee's parents, or
is a nephew or niece who is a child of the city official or employee's brother or sister.
(2) A person is related to a city official or employee within the second degree by affinity if
such person is the parent, child, brother, sister, grandparent or grandchild of the spouse
of the city official or employee.
(3)
No city official or employee shall appoint, confirm the appointment of, or vote for the
appointment or confirmation of, another person as a city official, officer or employee if
such person is related to such city official or employee within the third degree by
consanguinity or the second degree by affinity.
(4) No member of the city council shall vote to appoint or to confirm the appointment of
another person as a city official, officer or employee if such member of the city council
knows, or has reason to believe, such person is related to another member of the city
council within the third degree by consanguinity or the second degree by affinity.
::ODMA\WORLDOX\O:\WDOX\ORDINANC\020822B2.WPD/SLS
(5) No city official or employee shall participate in any deliberation or decision regarding the
employment, service or status of an individual who could not be employed or appointed
under this Section 1.900.1 but, under state law, is permitted to continue in a position held
by such individual prior to the city official or employee being elected or appointed. This
provision shall not be applicable to decisions applicable to a bona fide class or category
of city officials or employees of which any such individual is a member.
(6) No member of the city council or candidate for such office shall take affirmative action to
influence the appointment, confirmation, reappointment, reconfirmation, employment,
reemployment, change in status, compensation or dismissal of a city official, officer or
employee that is related to such member of the city council or candidate within the third
degree by consanguinity or the second degree by affinity.
(7) No city official or employee shall appoint or employ to any office, position or clerkship
of the city, any person that is related within the third degree by consanguinity or the
second degree by affinity to any member of the city council or to the city manager.
II.
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.
nQC,
READ, PASSED, and ADOPTED on first reading this OOs day
of
2002.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2002.
READ, APPROVED and ADOPTED on second reading this the
day of
ATTEST:
, 2002.
WELL, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secret
3
DATE: August 16, 2002
SUBJECT: City Council Meeting — August 22, 2002
ITEM: 12.B.2. Consider an ordinance amending Chapter 1 of the Round Rock
Code of Ordinances by adding Section 1.900.1, Nepotism. (First
Reading)
Resource: Steve Sheets, City Attorney
History: Among the duties of the Ethics Review Commission is to periodically review
the existing Ethics Ordinance and make recommendation to the Council for
amendments. Last year, the Commission conducted such a review at the
request of Mayor Stluka and forwarded its recommendations for amendments
to the Council earlier this year. The Commission recommended several
changes to the existing Ethics Ordinance, which are included elsewhere in your
packet.
In addition to the changes to the Ethics Ordinance, the Commission
recommended that the Council adopt an ordinance prohibiting nepotism similar
to the existing State statue. The only problem that I have with the
Commission's recommendation is that, in my opinion it is not appropriate to
include "nepotism" regulations in an "ethics" ordinance. Therefore, I am
recommendation to the Council that the Commission's nepotism regulations be
adopted in a separate section of the City Code. The ordinance, which has been
included in your packet, accomplishes this.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Impact/Benefit: N/A
Public Comment: N/A
Sponsor: N/A