Sec. 2-73. - Financial disclosure report.

(a)

Persons required to file disclosure form.

(1)

City officials and designated city employees. No later than thirty (30) days after accepting appointment or assuming the duties of office, and annually thereafter, the city officials defined in section 2-42, police department captains, assistant chiefs, and deputy chiefs, all appointed deputy fire chiefs and appointed assistant fire chiefs, and any assistant fire chief who either works in the fire administration building or any other division and is involved in having input to any contract, vehicle specification, or who is otherwise involved with the purchasing of any product, service, or land for the fire department, any fire inspector, plan reviewer or uniformed administrator of the fire prevention division, any uniformed employee involved in maintaining departmental personnel records located at the fire administration building, any uniformed personnel utilized in evaluating or purchasing equipment, vehicles or any other purchases who also have contact with contractor(s) who provide such equipment or vehicles, and any uniformed personnel utilized in providing input to any contract or composing specifications of equipment and vehicles, who also have contact with contractor(s) who provide such services, equipment or vehicles are required to file with the city clerk a complete sworn financial disclosure report.

(2)

Exception. Candidates for city council and city officials required to file financial disclosure statements pursuant to Local Government Code Chapter 145 shall file financial disclosure statements in compliance with the Local Government Code in place of filing statements required by this code of ethics. Such officials shall also complete an addendum to the statement disclosing information required by this code of ethics, but not required under the Local Government Code. The addendum shall be prepared by the office of the city clerk. Deadlines for filing the financial disclosure documents shall be governed by Chapter 145 of the Local Government Code.

(b)

Open records. Financial disclosure reports are open records subject to the Texas Open Records Act, and shall be maintained in accordance with the Local Government Records Act.

(c)

Annual filing date. Annual financial disclosure reports filed by city officials who are city employees and by city employees who are required to report must be received by the city clerk by 4:30 p.m. on the 31st day of January. Annual financial disclosure reports filed by city officials who are not city employees and who are required to report must be received by the city clerk by 4:30 p.m. on the 1st day of March. When the deadline falls on a Saturday or Sunday, or on an official city holiday as established by the city council, the deadline for receipt by the city clerk is extended to 4:30 p.m. of the next day which is not a Saturday or Sunday or official city holiday. The city clerk shall grant an extension of time in which to file a report upon written request submitted in advance of the deadline. The extension shall not exceed fifteen (15) days.

Unforeseen circumstances. In the event of an unforeseen circumstance, including, but not limited to, military service or acute illness or leave without pay under the Family Medical Leave Act, the deadline for receipt by the city clerk is extended until such time as the city official or employee resumes his city duties.

(d)

Reporting periods. Each initial or annual financial disclosure report filed by an individual designated in subsection 2-73(a)(1), and each report filed by a candidate for city council, shall disclose information relating to the prior calendar year, as well as any material changes in that information which occurred between the end of the prior calendar year and the date of filing.

(e)

City clerk. The city clerk shall:

(1)

Prior to January 15 of each year, notify city officials who are city employees and employees specified in subsection (a)(1) of their obligation to file financial disclosure reports and provide forms to be completed; and prior to February 15 of each year, notify city officials who are not city employees of their obligation to file financial disclosure reports and provide the forms to be completed.

(2)

Provide forms to all new city council appointees and those filing for elective office, and advise them of reporting requirements and deadlines;

(3)

Provide guidance and assistance on the reporting requirements for persons required to file financial disclosure reports and develop common standards, rules, and procedures for compliance with division 7;

(4)

Review reports for completeness and timeliness;

(5)

Maintain filing, coding, and cross-indexing systems to carry out the purpose of this division, including:

a.

A publicly available list of all persons required to file; and

b.

Computerized systems designed to minimize the burden of filing and maximize public access to materials filed under this division;

(6)

Make available for public inspection and copying at reasonable times the reports filed under this division;

(7)

Upon determining that such appointee who is required to file a financial disclosure report has failed to do so or has filed incomplete or unresponsive information, notify the individual by certified mail that failure to file or correct the filing within fifteen (15) days after the original deadline constitutes an automatic resignation. At the same time, the city clerk shall publicly announce to the city council the names of those who have not filed and to whom this notification is being sent. If such an appointee fails to file a completed report within fifteen (15) days from the original deadline, the position shall be considered vacant, and a new appointment shall be made by the city council; and

(8)

Upon determining that the mayor, a member of city council, a candidate for city council, the city manager, or a municipal court judge or magistrate has failed to timely file a financial disclosure report, or has filed incomplete or unresponsive information, notify the individual by certified mail that failure to file or correct the filing within fifteen (15) days after the original deadline will result in the matter being forwarded to the ethics review board. If the person in question fails to file a completed report within fifteen (15) days of the original deadline, a report of non-compliance shall be forwarded to the ethics review board for appropriate action.

(9)

Upon determining that a person other than as provided in subsections (7) or (8) above, has failed to timely file a financial disclosure report, or has filed incomplete or unresponsive information, notify the individual by certified mail that failure to file or correct the filing within fifteen (15) days after the original deadline will result in the matter being forwarded to the city manager. If the person in question fails to file a completed report within fifteen (15) days of the original deadline, a report of non-compliance shall be forwarded to the city manager for appropriate action.

The failure of the city clerk to provide any notification required by this section does not bar appropriate remedial action, but may be considered on the issue of culpability.

(f)

Exception. A city official, who is a member of a board or commission created pursuant to federal or state law, may only be removed for failing to file a financial disclosure form if allowed under federal or state law.

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

Sec. 2-74. - Contents of financial disclosure reports.

Each initial or annual financial disclosure report shall disclose, on a form provided by the city, the following information:

(1)

The reporting party's name;

(2)

The name of any person related as parent, child, (except a child who is a minor), or spouse to the reporting party;

(3)

The name of any member of the reporting party's household not disclosed under subsection (2) of this rule;

(4)

The name of any employer of any person disclosed under subsections (1) or (2) of this rule;

(5)

The name of any business entity (including self employment in the form of a sole proprietorship under a personal or assumed name) in which the reporting party or his or her spouse holds an economic interest;

(6)

The name of any business which the reporting party knows is a partner, or a parent or subsidiary business entity, of a business entity owned, operated, or managed by the reporting party or his or her spouse;

(7)

The name of any person or business entity from whom the reporting party or his or her spouse, directly or indirectly:

a.

Has received and not rejected an unsolicited offer of subsequent employment; or

b.

Has accepted an offer of subsequent employment which is binding or expected by the parties to be carried out;

(8)

The name of each nonprofit entity or business entity in which the reporting party serves as an officer or director, or in any other policy making position;

(9)

The name of each business entity which has sought city business, has a current city contract or anticipates seeking city business in which any individual listed in subsection (1) or (2) is known to directly or indirectly own:

a.

Ten (10) percent or more of the voting stock or shares of the business entity, or

b.

Ten (10) percent or more of the fair market value of the business entity;

(10)

The name of any business entity of which any individual or entity disclosed under subsections (1) or (9) is known to be:

a.

A subcontractor on a city contract;

b.

A partner; or

c.

A parent or subsidiary business entity.

(11)

The name of each source of income, other than dividends or interest, amounting to more than five thousand dollars ($5,000.00) received during the reporting period by the reporting party or his or her spouse, unless that source has been disclosed under subsections (1) through (10) of this rule;

(12)

The identification by street address, or legal or lot-and-block description, of all real property located in the state in which the reporting party or his or her spouse has a leasehold interest, a contractual right to purchase, or an interest as: fee simple owner; beneficial owner; partnership owner; joint owner with an individual or corporation; or owner of more than twenty-five (25) percent of a corporation that has title to real property. There is no requirement to list any property:

a.

Used as a personal residence of a peace officer;

b.

Over which the reporting party has no decision power concerning acquisitions or sale; or

c.

Held through a real estate investment trust, mutual fund, or similar entity, unless the reporting party or his or her spouse participates in the management thereof;

(13)

The name of persons or entities to whom the reporting party or spouse owes an unsecured debt of more than five thousand dollars ($5,000.00), other than debts for:

a.

Money borrowed from a family member from his or her own resources; and

b.

Revolving charge accounts.

(14)

The name of each person, business entity, or other organization from whom the reporting party, or his or her spouse, received a gift with an estimated fair market value in excess of one hundred dollars ($100.00) during the reporting period and the estimated fair market value of each gift. Excluded from this requirement are:

a.

Lawful campaign contributions which are reported as required by state statute or local ordinance;

b.

Gifts received from family members within the second degree of affinity or consanguinity;

c.

Gifts from an individual based on personal friendship who during the preceding three (3) calendar years:

1.

Has not done or sought to do business with the city;

2.

Has not sought city action on any issue before the city council or any city board or commission;

3.

Is not associated with any business or entity that has done or sought to do business with the city; and

4.

Is not associated with any business or entity that has sought city action on any issue before the city council or a city board or commission.

d.

Gifts received among and between fellow city employees and city officials;

e.

Admission to events in which the reporting party participated in connection with official duties;

f.

Payment of or reimbursement of travel and accommodations expenses accepted in connection with official duties which have been reported under section 2-76; payment for or reimbursement of expenses for travel in excess of authorized rates under city policy are gifts subject to the reporting requirements under this section.

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

Sec. 2-75. - Short form annual report.

A person who is required to file an annual financial disclosure report may fulfill his or her filing obligations by submitting a short sworn statement on a form provided by the city, if there have been few or no changes in the information disclosed by that person in a complete financial disclosure report filed within the past five (5) years. The short statement shall indicate the date of the person's most recently filed complete financial disclosure report and shall state that there have been no material changes in that information or shall list any material changes that have occurred.

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

Sec. 2-76. - Travel reporting requirements.

(a)

Any city official or employee who, in connection with his or her official duties, accepts a trip or excursion involving the gratuitous provision of transportation, accommodations, entertainment, meals, or refreshments paid for by a person or entity other than a public agency must file with the city clerk, before embarking on the travel, a disclosure statement identifying:

(1)

The name of the sponsor;

(2)

The places to be visited; and

(3)

The purpose and dates of the travel;

(4)

The estimated amount of the expenses paid.

(b)

Acceptance of a trip or excursion by municipal court judges and magistrates, city manager, deputy city manager, city clerk, assistant city clerk, assistant city managers, assistants to the city manager, and all department heads, assistant department heads, and employees in positions listed on the executive pay plan (job class 1000 through 1999) must receive prior written approval of the city manager. Other personnel must receive written approval by their department director. Boards and commissions members must receive approval by a vote of their board or commission.

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

Sec. 2-77. - Items received on behalf of the city.

A city official or employee who accepts any item by way of gift valued over one hundred dollars ($100.00) or loan on behalf of the city must promptly report that fact to the city manager, who shall have the item appropriately inventoried as city property.

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

Sec. 2-78. - Other persons required to report gifts.

In addition to the gift reporting requirements imposed by the financial disclosure rules stated in subsection 2-74(14), other city employees specified on a list compiled annually by the human resources department (or its successor department) and submitted to the city clerk, and contract administrative assistants to members of city council are also required to file an annual report on or before the 31^st day of January of each year showing the source of a gift received during the previous year with a value of over one hundred dollars ($100.00). Excluded from this requirement are:

(1)

Lawful campaign contributions which are reported as required by state statute;

(2)

Gifts received from family members within the second degree of affinity or consanguinity;

(3)

Gifts from an individual based on personal friendship who during the preceding three calendar years:

a.

Has not done or sought to do business with the city;

b.

Has not sought city action on any issue before the city council or any city board or commission;

c.

Is not associated with any business or entity that has done or sought to do business with the city; and

d.

Is not associated with any business or entity that has sought city action on any issue before the city council or a city board or commission.

(4)

Gifts received among and between fellow city employees and city officials;

(5)

Admission to events in which the reporting party participated in connection with official duties;

(6)

Payment of or reimbursement of travel and accommodations expenses accepted in connection with official duties which have been reported under section 2-76. Payment for or reimbursement of expenses for travel in excess of authorized rates under city policy are gifts subject to the reporting requirements under this section.

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

Sec. 2-79. - Violation of reporting requirements.

Failure to timely file a report required by this ethics code is a violation hereof, as is the knowingly filing of a report with incorrect, misleading, or incomplete information, though no later than fifteen (15) days after discovery of the error or after the error should have reasonably been discovered. If an individual inadvertently files an incorrect or incomplete report, it is his or her responsibility to file an amended report as soon as possible.

To file a late or amended report, the person shall use the required report form provided by the city clerk's office and mark in the appropriate box whether the report is late-filed or an amended report.

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