oRDINAI{CE NO.

2017

-

6tl

A¡t oRDINANCE OF TIIE CITY OF CEDAR HILL, TEXAS'
REPEALING CHAPTER 2, ARTICLE IX' OF TIIE CODE OF

ORDINANCES OF THE CITY OF CEDAR HILL, TEXAS, AI\D
ADOPTING A NEW PROVISIONS IN PLACE THEREOF;
PROVIDING A coDE oF coNDUcT roR CITY OFF.ICIALS;

AMENDING CIIAPTER

2,

ARTICLE

TI

"MAYOR AI\D

COI.TNCIL," BY TIIE ADDITION OF SECTION 2.20 PROVIDING

FOR CAMPAIGN CONTRIBUTIONS;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERANCE
CLAUSE; PROVIDING FOR INCORPORATION INTO CODE OF
ORDINAI\CES; PROVIDING AI\ EFX'ECTM DATE; ANI)
PROVIDING FOR PTJBLICATION.

REGULATIONS

WIIEREAS, the City of Cedar Hill, Texas, is a home-rule city within the State of Texas;
and

W¡IEREAS, Chapter 2, Article [X, of the City's Code of Ordínances contains provisions
regulating campaign contributions for City elections and a code of conduct for City
officials; and

WHEREAS, the City Attomey and City staff periodically review the City's Code of
Ordinances and recommend revisions thereto based on changes in the law, social mores,
and for the effioient administration of city government; and
WHEREAS, based upon such a periodic and ongoing review of the City's ordinances,
the City Attorney and City staff have recommended certain changes to the City's
ordinance on campaign contributions and code ofconduct in order to conform to cunent
Texas law; and

WHEREAS, upon the advice of the City Attomey, it is more efficient and practicable to
effect such changes by repealing Chapter 2, Article IX, in its entirety and replace same
with an amended code of conduct, and by establishing the updated regulations for
campaign contributions under the current provisions relating to "Mayor and Council" in
Chapter 2, Article II, of the Code of Ordinances.

NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CEDAR HILL, TEXAS, THAT:
SECTION 1. REPEAL OF CIIAPTER 2. ARTICLE IX. OF THE CODE OF'
ORDINANCES OF THE CITY OF CEDAR E{ILL. TEXAS
Chapter 2, Article IX, of the Code of Ordinances of the City of Cedar
is hereby repealed in its entirety.
Ordinance No. 2017-61I

Hill,

Texas,

Page I

 SECTION2.

g_" oF ORpTNANCES
TEXAS

OF

The City Council of the City of Cedarfiill, Texas, hereby adopts the
following
provisions as chapter 2, articre IX, of the code of ordlnances of
the city oî
Cedar Hill, Texas, which shall read as follows:

ARTICLE IX. - CODE OF CONDUCT
Sec. 2-201. - Policy.

It is the policy of the city that the proper operation of democratic government
requires that:

(1) Public officials be impartial and loyal to the citizens of Cedar Hill in
performance of the duties of their offices or appointed positions;

(2)

a

Governmental decisions and policy be made using the proper procedures of the
governmental structure;

(3) That no ofiïcial
engage

permits any interest, financial or othenvise, direct or indirect, or

in any business, transaction or professional activity to incur

any

obligation of any nature which is in conflict with the proper discharge of his or
her duties in the public interest to conflict;

(4) Public offïce not be used forpersonal gain; and
(5) The city council at all times be maintained as a nonpartisan

body. To implement

such a policy, the city council deems it advisable to enact a code of conãuct for
all officials, whether elected, appointed or hired, paid or unpaid, to serve not
only as a guide for official conduct of the city's public servants, but also as a
basis for discipline for those who refuse to abide by its terms.
Sec. 2-202. - Definitions.

For the purposes of thís article the following words, terms and phrases when used
herein shall have the following meanings subscribed to them, except where the context
clearly indicates a different meaning:

Benefit means anything reasonably regarded as economic gain or economic
a benefit to any other person in whose welfare the officer or

advantage, including

employee may be interested.

Business means any person, entity, corporation (whether for-profit

general

or limited

parürership, sole proprietorship,

joint venture,

or nonprofit),

unincorporated
association or firm, institution, trust, foundation, holding company, joint-stock cornpany,
receivership, or other entity whatsoever, whether or not organized for profit, which has án
economic interest or seeking such, in conducting business with the city.

City means the City of Cedar Hill, in Dallas and Ellis Counties, Texas.
Ordinance No. 2017-611

Page2

 city body means the city council and any agency, board, committee,
commission,
'."üd'ïoä;
corporation, nonprofit deveropment corporatioã, ór
other' similarþ
established by city Charter, ordinance/resólution
or state/fede.ui lu*

advisory or rule making authority of the city.

vested with either

City council means the legislative and governing body
of the city consisting of the
mayor and individual council members.

of conduct -eanl the procedures, regulations, rules and standards
-hereinCode
contained
and as may be amended.
. .Confid rytial inþrmation means all information, whether transmitted orally or in
writing,
.which may. -be exempted from disclorurl pu.r*niìo trre Texas public
Information Act, which
has nof been authorized pursuäniã;;y law; or
is of such a
nature that it is not, at the time, a matter of public record
o. pulti.'t nowledge.
Employee means.a pgrso.n employed and paid a salary by
ttre city incruding those
individuals on a part'time basis. tt inaú not include indepenãeni
contractors or volunteers
performing such work or seryices directly or indirectly tä
t¡e uenert and on behalf of the
city. It shall refer to any paid employee appointed specifically by the
.ity .ounrii uná.i
authority of the city Charter, ordinance or ielolution

Gift means anything of value, regardless of form, offered or given in the absence
adequate and lawful consideration. It does not include the reãeipt or acceptance

of
of

campaign contributions which are regulated by federal, state andlor locaf laws
or
ordinances.

Interests means any direct or indirect (but not remote or incidental) fìnancial
or
material impact to an oflicer or official as a result of a contract or transaction that is
or
may be the subject of an official act or actions by or with the city, except for such
contracts or transactions that by their terms and by the substance of theii provisions
confer the opportunity and right to rcalize the accrual of similar benefits to all other
persons and/or property similarly situated. An interest is remote or incidental if its
value
will not increase or deuease materially by reason of the action or decision of the city
conceming the contract or transaction. An interest in real estate and related improvements
shall be specifically excluded from this definition whenever the city's acquisìtion of the
property may be acquired for a public purpose and just compensation may be paid in
accordance with state law.

officíal means any member of a city body, or otherwise, that acts as an
instrument¿lþ of the city established by city Chartei, ordinance, resolution, state/federal
law or otherwise, on a temporary or pennanent basis. For purposes of this article onl¡
offrcer shall also mean any paid employee, whether full-time ór part-time, uppointra úy
the cþ council pursuant to the city charter, ordinance or resorutioì.
Relative means any person related to an officer or emptoyee within the first degree
by consanguinity or affinity as determined under Chapter 3lZ'of the Texas Governrñent
Code.

Sec.2-203. - Code ofconduct.

No official shall:
Ordinance No. 2017-61I

Page 3

 (l)

Represent or appear on behalf

of the private interests of others before a city
body of which he is a member, or before the city oouncil or other city boarä
concerning such matter, nor represent any private interests of others, except
relatives, in any action or proceeding involving the city.

(2) Accept any gift, from any

person that might reasonably tend to influence the
discharge of one's duties, or grant in the discharge of such duties any improper
favor, service or thing ofvalue. Ifan official has accepted any such irem by way

of gift or use of materials or equipment, whether temporary or pennanent,
pursuant to duties provided to the city, suoh gift or use of materials or equipment

must promptty be reported to the city manager who shall cause such to be
inventoried as city property. The foregoing provisions shall not apply:

a.

b.

The acceptance of a gratuitous provision(s), not exceeding fifty dollars
($50.00), for travel, lodging, entertainment, food or beveragJ paid for by a
person or business seeking to do, or ourrently conducting business with the
city, other than a public agency.

A campaign contribution pursuant to and in compliance with the applicable
as provided in Chapter 2, Article II, Section 2-20 of this Code;
At or in connection with the illness or death of a family member, or a
provisions

c.

tragedy;

d.

A gift as an honorarium or as a reward for meritorious service, professional
recognition, or public service;

e.

Loan(s) made

in

accordance

with the ordinary course of the

lender's

business;

f.
g.
(3)

Copies of trade publications and other related materials;

Attendance at hospitality functions at local, regional, state,
association meeting(s/conference(s);

or

national

Use his or her official position to secure special privileges or exemptions for
himself or others.

(4) Grant any special consideration, treatment or

advantage

to any citizens,

individual, business or group.

(5) Disclose information that could adversely

affect the property, or affairs of the
city, directly or indirectly, understood to be confïdential and which was gained
by reason of his or her offïcial position or employment for his or her own
personal gain or benefit or for the private interest of others. No offrcial shatl
disclose to anyone the substance, contents or subject discussed or deliberated
upon during a closed or executive session.

(6)

Accept additional employment incompatible with the full and proper discharge
of one's duties and responsibilities with the city, or which might impair the
independent judgment in the performance of such public duty for the city.

(7)

Receive any fee or compensation for one's services to the city from any source
other than the city, except rls may otherwise be provided by law. This shall not

Ordinance No. 2017-61I

Page 4

 prohibit performing the same or other services for another organization if there
is no conflict with primary duties and responsibilities to the city.
accept other employment to be performed or compensation to be
received while serving in a position with the city, if the service, employment, or
judgment
compensation could réaronãbly be expected to impair independence in
or performance of such city duties.

(8) Solicit or

for a business that has a contract, work or business with the city.
he
or she shall not act as a surety on any offrcial bond required of
Additionall¡
any offtcer or emPloYee of the citY.

(9) Act

as surety

of future employment or
(1g)Accept,
- -businiss solicit, or otherwise entertain anyanoffer
economic interest in a person,
from a person or entity which has
business, or propèrty which would be affected by any decision upon which the
official or of!ìcer might reasonably be expected to act, investigate, advise or
make a recommendation. In such case, the offtcer shall disclose suoh fact to the
city body upon which he serves. No further action shall be undertaken by an
offrcer or offrcial regarding any matter(s) conceming the potential future
employer or business clienVcustomer. This subsection shall apply to situations
whère the official or the official's relative is to be a future employee of another
and also to situations where the ofÏicial or relative is to be self'employed or a
business owner or manager.

(l l)Knowingly perform or refuse to perform any act in order to deliberately thwart
the execution of the city ordinances, rules or regulations or the achievement of
official city programs.
Sec.2-204, - Disclosure on interest.
Chapter 171 of the Texas Looal Govemment Code, as amended, being the st¿tute
which regulates conflicts of interest for municipalities, is hereby adopted and made a part
of this article for all purposes.
Sec. 2-205. - Additional requirements--City council members.

In any zoning matter which may come before the city council, any city council
of
the zoning request shall disclose the existence of such interest to the other council
member who owns a fïnancial interest in any properly within two hundred (200) feet
members and thereafter abstain from voting in the matter.
Sec. 2-206 - Complaints against mayor/council member.

(a) All

complaints or allegations of a violation of the code of conduct against a council
member shall be made in writing, sworn to before a notary public, and filed of record

with the city secretary, who will forward the complaint to the city council. Such
complaint shall describe in detail the acts or acts complained of and the specific
section(s) ofthis code ofconduct alleged to have been violated.

(b)

The failure of any city counoil member to comply with or who violates one (l) or
more standards of conduct in this code, which apply to him or her, shall warrant a

Ordinance No. 2017-61I

Page 5

 reprimand. The nature and extent of such reprimand shall be determined
by the city
council by a two-thirds (2/3) vote of the othei council members.

sEcrIoN 3' 4ME{P1!IT:NJ

g! CHAPJER 2. ARrrctE II "MAYoR AND

çoIrN=clL:í :olr44 çopE oF
CEDARHILL.
TEXAS

oRpm

The city council of the city of cedar Hill, Texas, hereby amends chapter
2,
Article II "Mayor and Council," of the Code of Ordinances of the City oiCr¿ui
Hill, Texas, by the addition of section 2-20 which shall read as follows:
Sec. 2-20. - Regulations for campaign contributions.

(a) A

candid¿te fu. th.. office-of mayor or city council shall not accept any political
contribution(s) or loan(s) for a total of more than five hundred ¿ollurs
iSiOO.OO)
from any individual, entity or speoifio-purpose committee in a single city elÈction. '

(b) A

candidate for the office^of mayor or city council shall not accept any political
contribution(s) or loan(s)
þm any specific-purpose committee thât nas á"cepteã
contribution(s) or loan(s) in excess of fiue hundred dollars ($500.00) fï";;t
individual or entity in a single city election.

(c)

F9r the purpose of this section, an initial election and run-off election are separate
elections.

(d) It shall be an offense for any
excess

candidate to accept a political contribution or loan in
of the amount authorized under this section.

(e) It

shall be an offense for any candidate to accept a contribution or loan from any
specific-purpose committee that has accepted a contribution or loan from any
individual or entity in excess of the amount iuthorized under this section.

(Ð

Any person found committing an offense under this section shalt be deemed guilty
a class C misdemeanor, and upon conviction in the Municipal Court of thJCity
cedar Hill, shall be subject to a fine up to the maximum allowed by law.

of
of

(g) It is not the intent.of

the gity]o enact any provision in conflict with or in derogation
of the Texas Election Code. The requirements set out in this article are cumulat-ive of
those in the Texas Election Code, and nothing in this article shall be construed to
limit obligatíons imposed by the Texas Electioñ Code. Any offense for violation of a
criminal provision of this ordinance shall be separate fróm and in addition to any
criminal offense under the Texas Election Code.

(h) No action

of the City Council which is otherwise legal shall be invalidated merely by
reason of a violation of this section by a member ofttre City Council or the failure
of
a member to disclose a campaign contribution.

Ordinance No. 2017-611

Page 6

 SECTION 4. SAVINGS CLAUSE
In the event that any other ordinance of the City of Cedar
Hill, Texas, heretofore
enacted is found to conflict with the provisionstf the ordinance,
this ordinance
shall prevail.

SECTION 5. SEVERANCE CLAUSE

Ifany section, subsection, sentence, clause, phrase or portion ofthis Ordinance
is
for any reason held invalid or unconstitùtional by any court of competent
jurisdiction, such shall be deemed a separate, distinci
and indepenA.nt p.oiirion
and such holding shall not affect the valiAity of the remaining portions
thäreof.

SECTION 6. INCORPORATION INTO CODE OF'ORDINANCES
The provisions of this ordinance shall be included and incorporated in
the Code of
ordinances of the city of cedar Hill, Texas, as an addltion and amendment
thereto, and shall be appropriately renumbered as necessary to conform to
the
uniform numbering system of the Code.

SECTION 7. EFFECTIVE DATE

of the nature of interest and safeguard sought to be protected by thís
Ordinance and in the interest of health, safety and *õlfur" of the citizent óf th"
City of Cedar Hill, Texas, this Ordinance ihall take effect immediately after
passage, approval and publication, as required by law.
Because

SECTION 8. PUBLICATION
The City Secretary is hereby authorized and directed to cause publication of the
descriptive caption and penalty clause hereof as an alternative method of
publication provided by law.
fremaínder of page íntentionally blank; contÍnued next pagel
Ordinance No. 2017-61I

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