Minutes - Regular Meeting - 3/18/2002 (2) Ethics Review Commission Meeting
March 18, 2002
The Ethics Review Commission of the City of Round Rock, Texas met on Monday, March 18,
2002 at 6:00 p.m. in the 3rd Floor Conference Room, City Hall, 221 East Main Street, Round Rock,
Texas.
Roll Call: Those members present were Berry Sullivan, Chairman, Marvin Denman, Vice-
Chairman, Commissioners Carol Chafin, Dennis Graffious, Philip Merrill and Phil Scott.
Commissioner David Adkins was absent. Also present were Assistant City Manager, Joanne Land, and
Special Counsel for the Ethics Review Commission Barney Knight.
Consider discussion regarding the amendments to the Ethics Ordinance as previously
recommended by the Commission.
Barney Knight outlined the entire ordinance amendment pointing out changes that were made
as requested by the Commission. He added that he and Steve Sheets reviewed the amendments and Mr.
Sheets was satisfied with the changes that were made. The Commission dis'uss�e the definition of
family member and nepotism. Commissioner iiinquired if the Ethics Ordinance was going to be
made gender neutral. He also asked Mr. Knight to change the word official to officer as noted in the
attachment to these minutes. It was the consensus of the Commission to accept the changes that were
made to the proposed ordinance amendments.
Will Hampton, Communications Director offered suggestions on how the forum can be held.
The Commission determined that a public forum would be held on March 27, 2002 to receive input
from the Council,Boards and Commissions and staff members affected by the Ethics Ordinance
amendments. A letter would sent to every Councilmember, Board and Commission member and staff
person affected by the proposed amendments informing them that a public forum will be held to
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received input regarding the proposed amendments and written comments will also be welcomed. Staff
will also provide these individuals with copies of the current ordinance and the proposed amendments.
Adjournment
There being no further discussion,the meeting adjourned at 7:00 p.m.
Respectfully submitted,
Christine Martinez
City Secretary
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Section 2. Standards of Conduct. Subsection 9.C. of Ordinance No. 2469, as amended, and
Chapter 1, Subsection 1.903, Code of Ordinances, City of Round Rock, Texas, are hereby
amended to read as follows:
1.903. Standards of Conduct.
(1) Gifts.
(a) No officer or employee shall intentionally or knowingly solicit or accept any
contribution, gift, or economic benefit with actual or constructive knowledge that same
is:
(i) offered or given with intent to influence the judgment or discretion of
such employee or official or
(ii) given in consideration of the favorable exercise of such employee or
official's judgment or discretion in the past.
(2) General Provisions.
(a) No officer or employee shall intentionally or knowingly disclose any
confidential information gained by reason of said o ictal 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.
(b) No officer 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.
(c) Except as otherwise specifically authorized by ordinance, no officer 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.
(d) 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.
(e) No officer or employee shall vote on or participate in any decision making
process if the official r employee has a direct financial interest in the outcome of the
matter under const eration. No officer or employee shall vote on or participate in any
decision making process on any matter concerning real property or a business entity if
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the officer or employee has a substantial interest in the business entity or real property.
(f) 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.
(g) None of the foregoing shall be construed to prohibit any officer 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.
(h) 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.
(i) 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.
(3) Ne op tism
(a) 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.
(b) 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.
(c) 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.
(d) 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.
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