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HomeMy WebLinkAboutORD 1318 - ORD Relating to Restrictions of Officers and Employees amending the Code of Ordinances 98 ORDINANCE NUMBER 1318 1 -.J AN ORDINANCE RELATING TO RESTRICTIONS ON OFFICERS AND EMPLOYEES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Sec. 2-21. Restrictions on officers and employees. (a) This section regulates gifts, favors, privileges or employment (collectively called "benefits") as contemplated by Subsection "b" of Section 10.04 of the City Charter. As provided in such Subsection "b", all such benefits are prohibited, except for the regulated benefits defined below. Such regulated benefits are authorized subject to the restrictions stated below. (b) The following are defined as regulated benefits: (1) A fee prescribed by law or ordinance to be received by the officer or employee to which the officer or employee is lawfully entitled or for which he gives legitimate consideration in a capacity other than as an officer or employee. (2) A benefit conferred on account of kinship or a personal, professional or business relationship independent of the official status of the recipient. (3) An honorarium in consideration of legitimate services rendered above and beyond official duties and responsibilities if: I ~ (A) not more than one honorarium is received from the same person in a calendar year; and (B) no more than one honorarium is received for the same service. (4) A benefit consisting of food, lodging, transportation or entertainment for trips or functions involving official business. (5) Employment (as a salaried worker, hourly worker, partner, agent, representative or officer, but not including a sole proprietor), but only if all of the following circumstances are present: I I I ~ 99 Ordinance Number 1318 ~ Ii II LJ (A) The officer or employee in question is not a full-time employee of the City, and the hours of non-City employment in question do not prevent the normal discharge of City duties. (B) The officer or employee has no responsibility or duty, on behalf of his or her non-City employer, relating to City contracts or transactions. (C) The officer or employee files a disclosure affidavit as contemplated by Chapter 171 of the Local Government Code and takes no part in any decision or vote on the contract or transaction in question. (D) The officer or employee receives no salary or other compensation that depends upon, or would be affected by, any City contracts or transactions. [1 (E) City contracts or transactions are an insignificant part of the employer1s total business. If the gross revenues attributable to City contracts or transactions are less than one half of one percent of the total gross revenues of the employer in the current year and in each preceding three years, the City contracts or transactions are conclusively presumed to be insignificant, but this does not prevent a showing of insignificance by other means. (F) Written affirmations of (B), (D) and (E), above, signed by or on behalf of the non-City employer in question, are filed with the City Secretary. (6) Part-time employment (as a salaried ,or hourly worker) approved by the officer or employeels , department head or by the city manager. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the 'conflict o'nly. ~I L-------> Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. 100 Ordinance Number 1318 Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 5. The public importance of this measure and the requirements of the law create an emergency and an urgent public necessity requiring that this Ordinance be passed and take effect as an emergency measure, and a state of emergency is hereby declared, and this Ordinance is accordingly passed as an emergency measure and shall take effect and be in force immediately from and after its passage and signature. PASSED AND APPROVED ON FIRST AND FINAL READING, this ~ day of May , 1988. Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Scwhartzel Councilmembers Voting No: None Councilmembers Absent: Councilmember Britton Signed: Michael L. Parks, Mayor ATTEST: Approved as to Form: Audrey Nichols City Secretary (SEAL) James L. Dougherty, Jr. City Attorney I :J -, I , I U I I '---1