Sec. 2-41. - Statement of purpose.

It is essential in a democratic system that the public have confidence in the integrity, independence, and impartiality of those who act on their behalf in government. Such confidence depends not only on the conduct of those who exercise official power, but on the availability of aid or redress to all persons on equal terms and on the accessibility and dissemination of information relating to the conduct of public affairs. For the purpose of promoting confidence in the government of the city and thereby enhancing the city's ability to function effectively, this code of ethics is adopted. The code establishes standards of conduct, disclosure requirements, and enforcement mechanisms relating to city officials and employees and others whose actions inevitably affect public faith in city government, such as former city officials and employees, candidates for public office, persons doing business with the city, and lobbyists. By prohibiting conduct incompatible with the city's best interests and minimizing the risk of any appearance of impropriety, this code of ethics furthers the legitimate interests of democracy.

Public service is a public trust. All city officials and employees are stewards of the public trust. They have a responsibility to the citizens of the city to enforce the City Charter and the associated ordinances and codes. To ensure and enhance public confidence in city government, each city official must not only adhere to the principles of ethical conduct set forth in this code and technical compliance therewith, but they must scrupulously avoid the appearance of impropriety at all times.

(Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06)

Sec. 2-42. - Definitions.

As used in this code of ethics, the following words and phrases have the meaning ascribed to them in this section, unless the context requires otherwise or more specific definitions set forth elsewhere in this code apply:

Acceptance. A written or verbal indication that someone agrees. "Acceptance" of an offer of subsequent employment or business opportunities includes legally binding contracts and all informal understandings that the parties expect to be carried out. An agreement, either by express act or by implication from conduct, to the terms of an offer so that a binding contract is formed.

Affiliated. Business entities are "affiliated" if one is the parent or subsidiary of the other or if they are subsidiaries of the same parent business entity.

Affinity. Relationship by "affinity" (by marriage) is defined in Sections 573.024 and 573.025 of the Texas Government Code.

Before the city. Representation or appearance "before the city" means before the city council; before a board, commission, or other city entity; or before a city official or employee. Representation "before the city" does not include representation before a board where members of said board are not wholly appointed by the city council.

Benefit. "Benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including a benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.

Candidate. "Candidate" means a person who knowingly and willingly takes affirmative action for the purpose of gaining nomination or election to public office or for the purpose of satisfying financial obligations incurred by the person in connection with the campaign for nomination or election. Examples of affirmative action include:

(1)

The filing of a campaign treasurer appointment, except that the filing does not constitute candidacy or an announcement of candidacy for purposes of automatic resignation provisions of Article XVI, Section 65, or Article XI, Section 11, of the Texas Constitution;

(2)

The filing of an application for a place on a ballot;

(3)

The making of a public announcement of a definite intent to run for public office in a particular election, regardless of whether the specific office is mentioned in the announcement;

(4)

Before a public announcement of intent, the making of a statement of definite intent to run for public office and the soliciting of support by letter or other mode of communication; and

(5)

The soliciting or accepting of a campaign contribution or the making of a campaign expenditure.

City. "City" means the City of San Antonio.

Code of ethics. "Code of ethics," "ethics code," or "this code" means divisions 1 through 10 of this chapter, its amendment(s) and/or enhanced definitions.

Complainant. "Complainant" means an individual who has filed a sworn complaint with the city clerk as provided in section 2-83.

Confidential government information. "Confidential government information" includes all information held by the city that is not available to the public under the Texas Public Information Act and any information from a meeting closed to the public pursuant to the Texas Open Meetings Act, unless disclosure is permitted under the Open Meetings Act.

Consanguinity. Relationship by "consanguinity" (by blood) is defined in Sections 573.022 and 573.023 of the Texas Government Code.

Discretionary contract. "Discretionary contract" means any contract other than those which by law must be awarded on a low or high qualified bid basis. Discretionary contracts do not include those contracts subject to Section 252.022(a)(7) of the Texas Local Government Code or those contracts not involving an exercise of judgment or choice.

Economic interest. "Economic interest" includes, but is not limited to, legal or equitable property interests in land, chattels, and intangibles, and contractual rights having more than de minimis value. Service by a city official or employee as an officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create for that city official or employee an economic interest in the property of the organization.

Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an economic interest in such securities or other assets unless the person in question participates in the management of the fund. Ownership of stock in a publicly traded corporation does not constitute ownership for purposes of this code if the employee or official owns less than ten (10) percent of the voting stock or shares of the entity and the value of the stock is less than fifteen thousand dollars ($15,000.00).

Employee. Except as provided in section 2-52, subsection 2-58(c), and division 7, the term "employee" or "city employee" is any person listed on the city payroll as an employee, whether part-time or full-time.

Entity. "Entity" means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, unincorporated association, or any other entity recognized by law.

Former city official or employee. A "former city official" or "former city employee" is a person whose city duties terminate on or after the effective date of this code.

Gift. "Gift" means a voluntary transfer of property (including the payment of money) or the conferral of a benefit having pecuniary value (such as the rendition of services or the forbearance of collection on a debt), unless consideration of equal or greater value is received by the donor.

Indirect ownership. A person "indirectly owns" an equity interest in a business entity where the interest is held through a series of business entities, some of which own interests in others.

Intentionally. A person acts intentionally, or with intent, with respect to the nature 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. A person acts knowingly, or with knowledge, with respect to the nature of his or her conduct or to circumstances surrounding his or her conduct when he or she is aware of the nature of his or her conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his or her conduct when he or she is aware that his or her conduct is reasonably certain to cause the result.

Official. Except in division 5, the term "official" or "city official" includes the following persons:

The mayor;

Members of the city council;

Municipal court judges and magistrates;

The city manager;

Deputy city manager;

Assistant city managers;

Assistants to the city manager;

City clerk;

Deputy city clerk;

Assistant to the city clerk;

Senior deputy court clerk;

Deputy court clerk;

All department heads and assistant department heads;

Internal auditor and all assistant internal auditors;

Market Square superintendent;

Assistant to city council;

Assistant to mayor;

Secretary to city manager;

Executive secretaries;

Community action manager;

Public utilities supervisor; and

Members of all boards, commissions (except the youth commission whose members are minors), committees, and other bodies created by the city council pursuant to federal or state law or city ordinance, including entities that may be advisory only in nature, who are appointed by city council or who are designated in the by-laws or organization papers of the entity to serve on behalf of the city; and board members of any entity who are appointed by the city council to such board membership.

The term "official" has a different meaning in division 5, which is defined in subsection 2-62(a) of that division. The term "officer" is defined in subsection 2-52(e)(2) and subsection 2-58(c)(2) and is not synonymous with any use of the term "official" in this code.

Official action. "Official action" includes:

(1)

Any affirmative act (including the making of a recommendation) within the scope of, or in violation of, an official or employee's duties, and

(2)

Any failure to act, if the official or employee is under a duty to act and knows that inaction is likely to affect substantially an economic interest of the official or employee or any person or entity listed in subsections 2-43(a)(2)—(9).

Official information. "Official information" includes information gathered pursuant to the power or authority of city government.

Ownership. Ownership of an interest in a mutual or common investment fund that holds securities or other assets does not constitute direct or indirect ownership of such securities or other assets unless the person in question participates in the management of the fund. Ownership of stock in a publicly traded corporation does not constitute ownership for purposes of this code if the employee or official owns less than ten (10) percent of the voting stock or shares of the entity and the value of the stock is less than fifteen thousand ($15,000.00).

Partner. Someone who engages in an activity or undertaking with another; "partner" includes partners in general partnerships, limited partnerships, and joint ventures. One who shares or takes part with another especially in a venture with shared benefits and shared risks.

Personally and substantially participated. "Personally and substantially participated" means to have taken action as an official or employee through decision, approval, disapproval, recommendation, giving advice, investigation or similar action. The fact that the person had responsibility for a matter does not by itself establish that the person "personally and substantially participated" in the matter.

Recklessly. A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

Representation. "Representation" is a presentation of fact - either by words or by conduct - made to induce someone to act. Representation does not include appearance as a witness in litigation or other official proceedings.

Respondent means an individual identified in a sworn complaint to have allegedly violated the ethics code or the code of municipal campaign finance regulations of the city.

Solicitation. "Solicitation" of subsequent employment or business opportunities includes all forms of proposals and negotiations relating thereto.

(Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06; Ord. No. 2009-06-25-0553, § 2(Att. B), 6-25-09)