Ord. 1462-4 2022-07-11ORDINANCE NO. 1462-4
An ordinance of the City Council of the City of Pearland, Texas, amending
Article 5, Chapter 2, Ethics, of the City of Pearland Code of Ordinances as it
applies to members of Council; having a savings clause, a severability
clause, and a repealer clause; providing for codification and an effective
date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 2, Administration, Article V., Ethics, of the City of Pearland
Code of Ordinances, be and the same is hereby amended to read as follows:
"Article V. Ethics
Sec. 2-73. General statement.
It is the policy of the city council of the City of Pearland to hold its members and the city's other
appointed officials to the highest standards of ethical conduct. The city council believes that it
has a responsibility to make every reasonable effort to assure the citizens of Pearland that their
elected and appointed officials will always place the public's interest above their own. To that
end, the city council has concluded that current state laws regulating the conduct of local public
officials should be supplemented by adopting additional regulations for the city's elected and
appointed officials.
Sec. 2-74. Ethical values.
It is the official policy of the city that:
(a)City officials shall be independent, impartial, and responsible to the citizens of the city;
(b)City officials shall not have a financial interest, and shall not engage in any business,
transaction, or professional activity, or incur any obligation that conflicts with the proper
discharge of their duties for the city in the public interest.
(c)The principles of personal conduct and ethical behavior that should guide the behavior of city
officials include:
(1)A commitment to the public welfare;
(2)Respect for the value and dignity of all individuals;
(3)Accountability to the citizens of the city;
(4)Truthfulness; and
(5)Fairness.
(d)Under such principles of conduct and ethical behavior, city officials should:
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(1) Conduct themselves with integrity and in a manner that merits the trust and support
of the public;
(2) Be responsible stewards of the taxpayers' resources; and
(3) Take no official actions that would result in personal benefit in conflict with the best
interests of the city.
(e) To implement the purpose and principles set out in this Article, the city council has
determined that it is advisable to enact rules of ethical conduct to govern city officials. It is the
purpose and intent of city council to assure a fair opportunity for all of the city's citizens to
participate in government, to adopt standards of disclosure and transparency in government,
and to promote public trust in government.
Sec. 2-75. Definitions.
In this Article:
Administrative board means any board, commission, or other organized body:
(a) That has, by law, final decision-making authority on matters within its jurisdiction and
that is either:
(1) established under the City Charter, by state law, or by city ordinance; or
(2) whose members are all council members or are appointed or confirmed by
the city council; or
(b) That is the governing body of a non-profit economic development corporation created
by the city council under the authority of the Development Corporation Act of 1979, as
amended.
Advisory board means a board, commission, or other organized body other than an
administrative board, that was created by an act of the city council whose members are
appointed or confirmed by the city council and are charged with making recommendations to the
city council on matters within its jurisdiction.
Business entity and substantial interest in a business entity shall have the meanings provided
for in Sections 171.001 (2) and 171.002 (a) (1) and (2) of the Texas Local Government Code as
amended.
City official means the Mayor, any member of the city council, an administrative board, or an
advisory board.
Review panel means the body charged with reviewing and acting on complaints and requests
for declaratory relief filed under this article.
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Sec. 2-76. Covered officials.
The rules of ethical conduct contained in this Article shall apply generally to city officials and in
certain defined circumstances to candidates for city council and former city officials.
Sec. 2-77. Conflicts of interest; matters for consideration.
(a) A city official shall abstain from participation in discussion of and any vote on a matter, and
shall file an affidavit stating the nature and extent of his or her interest in a matter, if action on
the matter by the body on which the city official serves will have an economic effect that is
distinguishable from its effect on the public on any of the following:
(1) The city official;
(2) The city official's outside employer or client;
(3) The city official's spouse, parent, or child; or
(4) A public or private business entity for which the city official, the official’s spouse,
parent, or child serves as a director, general partner, or officer, or in any other policy
making position.
(b) A city official shall abstain from participation in, discussion of, and any vote on a matter
involving a person or business entity if, within the 12 months preceding the date of the vote, the
city official was required to file a conflicts disclosure statement under Chapter 176 of the Local
Government Code relating to that person or business entity.
(c) A city official shall abstain from participation in, discussion of, and any vote on a matter
involving a business entity if:
(1) The city official, or the official’s spouse, parent, or child, has a substantial interest in
another business entity that has had one or more business transactions with the
business entity involved in the matter to be voted on;
(2) The business transaction or transactions occurred within the 12 months immediately
preceding the date of the matter to be voted on; and
(3) The business transaction or transactions resulted in a payment or payments totaling
more than $10,000.00.
A city official required to abstain from voting under the preceding paragraph (c) must file an
affidavit stating the nature and extent of the interest in the business entity.
(d) Affidavits of conflict of interest filed pursuant to the requirements of this Article or state law
shall be filed with the city secretary before any vote on the matter and as soon as possible after
the city official becomes aware of the need to file the affidavit.
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(e) A city official who is required to abstain from participation in a matter under this section or
under state law shall leave the room where the meeting is held during any discussion of, and
vote on, the matter.
(f) The abstention of a city official, pursuant to the requirements of this section or state law, shall
be recorded in the minutes or audio recording of the meeting of the respective body on which he
or she serves.
Sec. 2-78. Disclosure of certain benefits required of Council member and administrative
board member.
(a) A council member who has a substantial interest, or whose spouse, parent, or child has a
substantial interest in any significant contract or transaction involving the sale or lease of goods,
real estate, or services, or the lending of credit, to or by the city shall disclose said interest
within thirty (30) days of its discovery by filing an affidavit with the city secretary.
(b) For the purposes of this section, the ownership of the stock or instruments of debt of a
publicly traded company does not give the council member or the member’s spouse, parent, or
child, a financial interest in any contracts or transactions that company has with the city,
provided that the value of the interest held is less than five percent of the value of the company.
(c) For the purpose of this section, a contract or transaction is significant only if the total
payments made by the city pursuant to the contract or transaction exceed $50,000.00 in the
aggregate.
(d) This requirements of this section shall also apply to a member of an administrative board
member described by Section 2-75 (b) with respect to a contract involving the sale or lease of
goods, real estate, or services, or the lending of credit, to or by the economic development
corporation.
(e) This section shall continue to apply to a council member or member of an administrative
board member described by Section 2-75 (b) for the twelve (12) month period after such
member leaves office.
(f) This section does not apply to the city's acquisition by eminent domain proceedings of an
interest in land owned by a council member or administrative board member.
Sec. 2-79. Disclosure of certain gifts to city officials.
(a) Except as provided below, a city official who receives as a guest, a gift of food, lodging,
transportation, or entertainment that reasonably appears to exceed $500.00 in value shall file
with the city secretary within 30 calendar days after receiving the gift a written disclosure
statement containing the following information:
(1) A description of the gift of food, lodging, transportation, or entertainment that was
received;
(2) The date or dates on which the gift was received;
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(3) The name of the host who paid for, or provided, the gift; and
(4) A statement that the aggregate value of the gift is believed to exceed the sum of
$500.00.
(b) The requirements of (a), above, do not apply to a gift or other benefit conferred on account
of kinship or a personal, professional, or business relationship that began before the recipient
became a city official or candidate for city council.
(c) This section does not apply to any gift that is required to be and is reported under any other
state law, including a required election campaign filing.
Sec. 2-80. Appearance on behalf of private interests of others.
(a) A member of the city council shall not appear before the city council or any administrative
board or advisory board for the purpose of representing the interests of another person or entity.
However, a member of the city council may, to the extent otherwise permitted by law, appear
before any such body to represent the member's own interests or the interests of the member's
spouse or minor children.
(b) A city official who is not a member of the city council shall not appear before the body on
which he or she serves for the purpose of representing the interests of another person or entity,
and shall not appear before any other body for the purpose of representing the interests of
another person or entity in connection with an appeal from a decision of the body on which the
city official serves. However, the city official may, to the extent otherwise permitted by law,
appear before any such body to represent the city official's own interests or the interests of the
city official's spouse or minor children.
(c) A member of the city council shall not practice law in the Pearland Municipal Court during the
time they serve on the city council.
Sec. 2-80.1 Council meetings with staff.
(a) City Council recognizes that mutual respect and cooperation are required to implement
the Council’s strategic priorities through the work of staff. Therefore, members of city council,
including the Mayor, shall not engage in any activity that is incompatible or inconsistent with the
ethical discharge of their duties to the City. Nor shall any member of city council use or attempt
to use their authority or influence, perceived or otherwise, for the purpose of engaging in
prohibited conduct that could have the effect influencing a staff member’s ability to carry out
their duties.
(b) Except as authorized herein, prohibited conduct is the use of one’s status as a member
of city council to meet with and potentially influence the decision of a staff member to the private
advantage of oneself, a family relationship (as defined in Chapter 176 of the Texas Local
Government Code, as it may be amended from time to time), friends or business/professional
associates. Such conduct also includes meetings with staff on matters that reach beyond the
scope of activities for which a member of city council normally engages on behalf themselves or
their constituents in the discharge of their duties. It is expected that members of city council will
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be required to interact with staff with respect to various City services (i.e., utility billing, permits,
municipal court, etc.), and such interactions shall not constitute prohibited conduct.
(c)It is recognized that interactions between members of city council and City staff may be
unavoidable, and due to their nature, require additional transparency in order to maintain the
public’s trust. Therefore, if a member of city council, in their professional course of business, is
required to meet with staff regarding: 1) a City project; or 2) the development or potential
development of property in the City, the member of city council shall, prior to interacting with
staff, file a written disclosure of the meeting with the City Secretary. A disclosure filed pursuant
to this section shall state the date and time of the meeting, which City Department(s) are
affected and provide a general description of the purpose for the meeting. The meeting
disclosure shall be filed with the City Secretary no later than one (1) business day prior to the
meeting and all Councilmembers, including the Mayor, shall be provided a copy of the
disclosure.
(d)In furtherance of a City Councilmember’s ethical discharge of their duties under this
Article and in an effort to avoid unintended influence of staff, council member meetings with staff
should be initially directed to the City Manager or the appropriate senior staff as directed by the
City Manager.
(e)It is recognized that no individual member of council, including the Mayor, has authority
to represent the collective interests of the City Council or provide individual direction to staff.
Sec. 2-81. Misuse and disclosure of confidential information.
(a) It is a violation of this ethics code for a city official to violate V.T.C.A., Penal Code, § 39.06
(Misuse of Official Information), as amended.
(b) A city official shall not disclose to the public any information that is deemed confidential
under any federal, state, local law, or council rules.
Sec. 2-82. Restrictions on political activity and political contributions.
(a)No city official or candidate for city council shall meet with any employee or group of
employees of the city for political campaign purposes while such employees are on duty unless
part of an approved city council activity or part of a public political forum in which all candidates
for city council are invited to participate.
(b)No city official shall, directly or indirectly, coerce or attempt to coerce any city employee to:
(1) Participate in an election campaign, contribute to a candidate or political committee,
or engage in any other political activity relating to a particular party, candidate, or issue;
or
(2)Refrain from engaging in any lawful political activity.
(c)The following actions by city officials are not prohibited by this section:
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(1) The making of a general statement encouraging another person to vote in an
election;
(2) A solicitation of contributions or other support that is directed to the general public or
to an association or organization; and
(3) The acceptance of a campaign contribution from a city employee.
(d) No city official shall use, request, or permit the use of city facilities, personnel, equipment, or
supplies for the creation or distribution of materials to be used in a political campaign or for any
other purpose in support of a political campaign. However, meeting rooms and other city
facilities that are made available for use by the public may be used for political purposes by city
officials under the same terms and conditions as they are made available for other public uses.
Sec. 2-83. Regulations applicable to former members of city council and administrative
boards; Certain Contracts.
(a) A former member of city council or an administrative board shall not use or disclose, for any
reason or purpose except as herein permitted, confidential government information acquired
during the member's service on the city council or an administrative board. This prohibition shall
not apply if:
(1) The information is no longer confidential;
(2) The information involves reports of illegal or unethical conduct and is disclosed to a
law enforcement agency or the city as a complaint under this Article; or
(3) The disclosure is necessary to further public safety and is not otherwise prohibited by
law.
(b) A former member of city council shall not represent for compensation any person, private
group, or private entity, other than himself or herself, or his or her spouse or minor children,
before the city for a period of two (2) years after termination of his or her official duties. For
purposes of this subsection, the term compensation means money or any other thing of value
that is received, or is to be received, in return for or in connection with such representation.
(c) Except as otherwise provided in this Section, for a period of twelve (12) consecutive months
following the date a former council member’s successor is sworn into office, the City shall not
enter a contract with the former member of City Council or a business entity in which the former
member of City Council has a substantial interest.
(d) The City Council shall not authorize a contract with a member of City Council, or a former
member City Council described by this Section, or a business entity in which a member of City
Council or the former member of City Council has a substantial interest unless:
(1) The member of City Council with a substantial interest complies with state and local
regulations requiring the filing of disclosure affidavit(s) stating the nature and extent
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of the councilmember’s interest in the matter; the councilmember abstains from
participation in discussion of and any vote on the matter; and
(2)The City Council, makes an affirmative finding that authorization of the contract is in
the financial best interest of the City; and
(3)The contract is approved by an affirmative vote of no less than three-fourths (3/4) of
the councilmembers present.
(e)A contract entered in violation of subsections (c) or (d) of this Section, shall be rendered
void and unenforceable.
Sec. 2-84. City Attorney's opinions.
The city attorney is authorized and directed to issue to any city official, upon reasonable
request, formal written opinions regarding the applicability of the provisions of this article or
Texas law to an action the city official, a former city official, or a candidate for city council is
considering taking in the future.
Sec. 2-85. Education.
The city attorney shall provide annual training and educational materials to city officials on their
ethical obligations under state law and this article. The city attorney shall prepare and distribute
written materials, regarding the ethical obligations under this Article, to each city official at the
time of his or her election or appointment to office.
Sec. 2-86. Detailed written complaints required.
(a)A complaint alleging a violation of any of the rules of ethical conduct contained in this article
must be made in writing, signed by the complainant, sworn to before a notary public, and filed
with the city secretary, and must contain the following information:
(1)The name, address, and telephone number of the person making the complaint;
(2)The name of, and office held by, the person against whom the complaint is directed;
(3)The specific provision of this article that is alleged to have been violated;
(4) For each violation alleged, a detailed description of the facts that are alleged to
constitute the violation, including the date or dates on which the violation is alleged to
have occurred;
(5)The names, addresses, and telephone numbers of any witnesses to the violations
that are known by the complainant; and
(6)Copies or descriptions of any documents that substantiate the allegations.
(b)Complaints filed for alleged violations of Section 2-80.1 must be signed by three (3)
members of city council, including the Mayor.
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Sec. 2-87. Time for filing complaints.
A complaint must be filed on or before the 365th day after the date the violation is alleged to
have occurred or the 90th day after the alleged violation became known or reasonably should
have been known, whichever date is earlier. A complaint may be filed against a city official who
is no longer in office if the complaint relates to conduct of the former city official that violates this
article and is otherwise timely filed.
Sec. 2-88. Preliminary review of complaints.
(a)The city secretary shall provide copies of each complaint to the person or persons accused,
to the city attorney, and to the members of the review panel, as soon as practicable.
(b) The city attorney shall, within five business days of receiving the complaint, provide a written
report to the review panel. The report shall state whether the written complaint:
(1) alleges conduct that meets the requirements of Section 2-87 as it applies to time for
filing complaints;
(2)alleges misconduct by a person whose conduct is regulated under this article;
(3)alleges the occurrence of conduct that might reasonably support further investigation
of an alleged violation of this Article; and
(4) is signed and sworn to by the person filing the complaint.
(c) The city attorney shall also advise the review panel whether the city attorney has issued a
written opinion or opinions to the accused official that relate to the conduct at issue.
(d)The city attorney’s report shall not conclude that any of the allegations of the complaint are
true or false or that any current or former city official or candidate for city council has violated or
has not violated this article. The review panel alone will make the determination of whether or
not to dismiss the complaint or proceed with an investigation of the complaint. Under no
circumstances shall the city attorney’s report be used or relied upon by the review panel as
evidence in determining whether a violation of this Article has occurred.
Sec. 2-89. Review panel.
(a)The review panel shall consist of six 6 members, and be made up of the city council,
including the mayor. There shall be six 6 alternates to the review panel that shall serve in the
event a member of the city council or the mayor is disqualified from serving. The review panel
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shall investigate any ethics complaints that are properly filed against city officials, including
members of the city council, former city officials, and candidates for the city council.
(b) A member of the review panel shall be disqualified from serving on a review panel to
consider a complaint if the complaint was filed:
(1) Against the member;
(2) By the member; or
(3) Against a candidate for election to the member's place on city council where the
member has filed for or is eligible for reelection.
For the purposes of this provision, a complaint filed against a member of the city council for
alleged misconduct related to the member's service on any other city-created entity shall be
treated the same as a complaint related to the member's service on the city council.
(c) In the event of a disqualification, the remaining qualified members of the city council and any
alternate(s) shall act as the review panel where one or more members of the City council are
disqualified from serving. The 6 alternates to the review panel shall be represented by the chair
persons of the following city boards: 1) Pearland Economic Development Corporation; 2)
Planning and Zoning Commission; 3) Zoning Board of Adjustment; 4) Parks and Recreation
Advisory Board; 5) Library Board; and 6) Building Code Board of Adjustments. Alternates
required to serve on the review panel shall be appointed serve in the in the order in which they
are listed in this subsection. A quorum of the review panel is four (4) members. The affirmative
vote of at least four members of the review panel is necessary to take action.
(d) The city secretary shall act as the secretary for the review panel. Meetings of the city
council, when acting as a review panel, shall be held in accordance with the requirements of the
Texas Open Meetings Act.
Sec. 2-90. Review panel procedures.
(a) Within ten business days after a review panel receives a report and recommendation from
the city attorney, it shall render a decision as to whether the complaint should be dismissed as
insufficient or because the subject conduct was undertaken in good faith reliance on a formal
written opinion of the city attorney, or whether an investigation into the complaint should be
made. The city secretary shall promptly notify the complainant and the accused of the review
panel's decision.
(b) Where a review panel determines that an investigation should be made, it shall proceed with
such investigation using such procedures as are appropriate considering the nature and
circumstances of the particular complaint.
(c) A review panel may not sustain a complaint or impose sanctions on an accused city official,
former city official, or candidate for city council without holding a hearing on the complaint. The
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city council shall adopt written rules of procedure to govern the hearing and provide a fair
hearing on the complaint. The written rules must include the right of the accused to respond to
the complaint, to attend any hearing on the complaint, and to present witnesses and other
evidence on his or her behalf.
(d)A review panel may conduct hearings and other proceedings on a complaint in closed
executive session if permitted by state law, but any decision must be rendered during an open
public meeting.
Sec. 2-91. Sanctions for violations of this article.
In the event a review panel determines that a city official, former city official, or candidate for the
city council has committed a violation of the rules of ethical conduct contained in this article, it
shall impose sanctions against the accused as follows:
(a)Where a review panel finds that the accused has committed a minor violation of the rules of
ethical conduct contained in this article, the violation was unintentional, and the accused fully
cooperated in the investigation, it shall issue a written notice of violation to the accused. The
notice shall be titled "Notice of Minor Violation" and shall state the findings of the review panel.
(b)Where a review panel finds that the accused has committed a minor violation of the rules of
ethical conduct contained in this article, and either: 1) the violation was committed knowingly, or
2)the accused has failed to fully cooperate in the investigation, it shall issue a written notice of
violation to the accused. The notice shall be entitled "Letter of Admonition" and shall state the
findings of the review panel, including the finding that the accused acted intentionally and/or
failed to fully cooperate in the investigation.
(c) Where a review panel finds that the accused has committed a major violation of the Rules of
Ethical Conduct contained in this article, it shall issue a written notice of violation to the
accused. The notice shall be entitled "Notice of Public Censure," shall announce the review
panel's findings, including the finding that the accused has committed a major violation and any
finding that the accused acted intentionally and/or failed to cooperate in the investigation, and
shall express the review panel's strong condemnation of the person's actions.
(d)Where the accused person is a current member of an administrative board or advisory
board, the review panel may, where appropriate, issue in addition to any written notice of
violation, a decision suspending or removing such member from office.
(e)Any decision or decisions by a review panel that imposes sanctions under this article shall
be issued in writing and filed as a public record in the office of the city secretary.
Sec. 2-92. Name clearing proceedings.
Where informal allegations of a potential violation of the rules of ethical conduct contained in
this article have been made against a current or former city official and the accused person
desires an investigation of such allegations in order to clear his or her name, the accused
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person may file a written request for declaratory relief, which shall contain the information
described in section 2-86, and which shall state that the filer denies the allegations and is filing
the request for declaratory relief solely for the purpose of clearing his or her name. A request for
declaratory relief filed under authority of this section shall be handled in the same manner and in
accordance with the same procedures as complaints received from third parties and must be
filed no later than the 90th day after the public official first learned of the allegations.
Sec. 2-94. Penalty for filing false complaint or giving false testimony.
It is unlawful for a person to knowingly file a complaint under this article that contains false
information or that by making reasonable inquiry should have known that it contained false
information. It is unlawful for a person to intentionally give false testimony under oath in any
hearing before a review panel held under this article. Any person found guilty of violating this
section will be fined not more than $500.00 for each offense.”
Section 2. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved for
the benefit of the City.
Section 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 6. Effective Date. The Ordinance shall then become effective ten
(10) days from and after its passage on first and only reading.
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PASSED and APPROVED on its First Reading this the 13th day of June, A. D., 2022.
________________________________
J. KEVIN COLE
MAYOR
ATTEST:
___________________________
LESLIE CRITTENDEN
CITY SECRETARY
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PASSED and APPROVED on its Second Reading this the 11th day of July, A. D., 2022.
________________________________
J. KEVIN COLE
MAYOR
ATTEST:
___________________________
LESLIE CRITTENDEN
CITY SECRETARY
APPROVED AS TO FORM:
____________________________
DARRIN M. COKER
CITY ATTORNEY
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