C12A

Code of Ethics

C12A

CHAPTER 12A

ARTICLE III-A.

CODE OF ETHICS

LOBBYISTS.

ARTICLE I.

Sec. 12A-15.2.
Sec. 12A-15.3.

DECLARATION OF POLICY.
Sec. 12A-1.
Sec. 12A-1.1.
Sec. 12A-1.2.
Sec. 12A-2.

Statement of purpose and
principles of conduct.
Fiduciary duty.
Standards of behavior; standards
of civility.
Definitions.

Sec. 12A-15.4.
Sec. 12A-15.5.
Sec. 12A-15.6.
Sec. 12A-15.7.
Sec. 12A-15.8.
Sec. 12A-15.9.
Sec. 12A-15.10.

ARTICLE II.
PRESENT CITY OFFICIALS AND EMPLOYEES.
Sec. 12A-3.
Sec. 12A-4.
Sec. 12A-5.
Sec. 12A-5.1.
Sec. 12A-6.
Sec. 12A-7.
Sec. 12A-8.
Sec. 12A-9.
Sec. 12A-10.
Sec. 12A-11.
Sec. 12A-12.
Sec. 12A-12.1.

Improper economic interest.
Unfair advancement of private
interests; nepotism.
Gifts.
Donations.
Confidential information.
Representation of private
interests.
Conflicting outside employment.
Public property and resources.
Political activity.
Actions of others.
Prohibited interests in contracts.
Recusal and disclosure.
ARTICLE III.

Sec. 12A-15.11.
Sec. 12A-15.12.

ARTICLE IV.
IDENTIFICATION OF PERSONS
REPRESENTED BEFORE CITY.
Sec. 12A-16.

Sec. 12A-17.

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Continuing confidentiality.
Subsequent representation.
Discretionary contracts.
Restrictions on lobbying.

Appearance before city council,
boards, commissions, and other
city bodies.
Representation of others.
ARTICLE V.

PARTICIPATION IN ETHICS VIOLATIONS.
Sec. 12A-18.

Ex parte communications.
ARTICLE VI.

FORMER CITY OFFICIALS AND EMPLOYEES.
Sec. 12A-13.
Sec. 12A-14.
Sec. 12A-15.
Sec. 12A-15.1.

Definitions.
Persons required to register as
lobbyists.
Exceptions.
Registration.
Activity reports.
Non-registrant disclosure
statements.
Restricted activities.
Identification of clients.
Timeliness of filing registrations,
activity reports, and nonregistrant disclosure statements.
Administration.
Violations; penalty.

FINANCIAL DISCLOSURE.
Sec. 12A-19.
Sec. 12A-20.
Sec. 12A-21.
Sec. 12A-22.
Sec. 12A-23.

Dallas City Code

Financial disclosure report.
Short form annual report.
Travel reporting requirements.
Reserved.
Violation of reporting
requirements.

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 C12A

Code of Ethics

ARTICLE VII.

ARTICLE I.

ETHICS ADVISORY COMMISSION.

DECLARATION OF POLICY.

Sec. 12A-24.

Sec. 12A-25.
Sec. 12A-26.
Sec. 12A-27.
Sec. 12A-28.
Sec. 12A-29.
Sec. 12A-30.

Sec. 12A-31.
Sec. 12A-32.
Sec. 12A-33.
Sec. 12A-34.

Ethics advisory commission creation; composition, terms, and
qualifications.
Jurisdiction and powers.
Complaints.
Hearing procedures.
Hearing rules.
Disposition of complaint.
Referral of matter for appropriate
action; recommendation of
sanctions.
Petition for declaratory ruling.
Legal counsel.
Opinions issued by the city
attorney.
Annual report.
ARTICLE VIII.

ENFORCEMENT, CULPABLE MENTAL
STATE, AND PENALTIES.
Sec. 12A-35.
Sec. 12A-35.1.
Sec. 12A-36.
Sec. 12A-37.
Sec. 12A-37.1.
Sec. 12A-38.
Sec. 12A-38.1.
Sec. 12A-39.
Sec. 12A-40.
Sec. 12A-40.1.

General.
Violations; penalty.
Culpable mental state.
Disciplinary action.
Sanctions.
Prosecution for perjury.
Interference with an investigation.
Disqualification from contracting.
City attorney action.
Frivolous complaint.
ARTICLE IX.

ADMINISTRATIVE PROVISIONS.
Sec. 12A-41.
Sec. 12A-42.
Sec. 12A-42.1.
Sec. 12A-43.
Sec. 12A-44.
Sec. 12A-45.
2

§ 12A-1

Other ethical obligations.
Dissemination of code of ethics.
Ethics pledge.
Retaliation prohibited.
City ethics officer.
Ethics training.

SEC. 12A-1.

STATEMENT OF PURPOSE
AND PRINCIPLES OF
CONDUCT.

(a) Purpose. It is hereby declared to be the
policy of the city that the proper operation of
democratic government requires that:
(1) city officials and employees be
independent, impartial, and responsible only to the
people of the city;
(2) governmental decisions and policy be
made using the proper procedures of the
governmental structure;
(3) except as provided in the Dallas City
Charter, no city official or employee have any financial
interest, direct or indirect, or engage in any business,
transaction, or professional activity or incur any
obligation of any nature that is in conflict with the
proper discharge of the city official's or employee's
duties in the public interest;
(4) public office not be used for personal
gain; and
(5) the city council at all times be
maintained as a nonpartisan body.
(b) Principles of conduct. The city council
further believes that an elected or appointed official of
the city assumes a public trust and should recognize
the importance of high ethical standards within the
organization they lead or support. Essential values and
ethical behaviors that an elected or appointed official
should exemplify include the following:
(1) Commitment beyond self.
(2) Obedience and commitment beyond the
law.

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 § 12A-1

Code of Ethics

(3) Commitment to the public good.
(4) Respect for the value and dignity of all
individuals.
(5) Accountability to the public.

§ 12A-1.2

(2) To uphold all applicable laws and
regulations, going beyond the letter of the law to
protect and/or enhance the city's ability to accomplish
its mission.
(3) To treat others with respect, doing for
and to others what the official would have done for
and to him or her in similar circumstances.

(6) Truthfulness.
(7) Fairness.

(4) To be a responsible steward of the
taxpayer resources.

(8) Responsible application of resources.
(c) Implementation. To implement the purpose
and principles of conduct set forth in this section, the
city council has determined that it is advisable to enact
this code of ethics for all city officials, employees, and
persons doing business with the city, to serve as a
standard for official conduct and as a basis for
discipline.
(d) No cause of action. This section is a statement
of purpose and principles only. Nothing in this section
may be used to create a cause of action under this
chapter. (Ord. Nos. 24316; 30391, eff. 7/1/17)

SEC. 12A-1.1.

STANDARDS OF BEHAVIOR;
STANDARDS OF CIVILITY.

(a) Standards of behavior. City officials shall
comply with the following standards of behavior:
(1) To conduct themselves and to operate
with integrity and in a manner that merits the trust and
support of the public.

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(6) To carefully consider the public
perception of personal and professional actions and
the effect such actions could have, positively or
negatively, on the city's reputation both in the
community and elsewhere.
(7) To strive for personal and professional
growth to improve effectiveness as an elected or
appointed official.

FIDUCIARY DUTY.

A city official, in the performance of that person's
official duties, shall fulfill the city official's fiduciary
duty to the city. (Ord. 30391, eff. 7/1/17)

SEC. 12A-1.2.

(5) To take no actions that could benefit the
official personally at the unwarranted expense of the
city, avoiding even the appearance of a conflict of
interest, and to exercise prudence and good judgment
at all times.

(b) Standards of civility. City officials shall
comply to the following standards of civility in their
interactions with city officials, city employees, citizens,
and persons doing business with the city:
(1) City officials shall accord the utmost
respect and courtesy to each other, city officials, city
employees, citizens, and persons doing business with
the city.
(2) City officials shall not discriminate
against any person because of the person's race, color,
age, religion, marital status, sexual orientation, gender
identity and expression, genetic characteristics,
national origin, disability, military or veteran status,
sex, or political opinions or affiliations.

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3

 § 12A-1.2

Code of Ethics

(3) City officials shall not make comments
or take actions that are abusive; belligerent; crude;
derogatory; disparaging; impertinent; personal attacks
upon the character, integrity, or motives of others;
profane; rude; slanderous; or threatening.
(4) City officials shall preserve order and
decorum in meetings in accordance with Roberts Rules
of Order and the applicable rules of procedure of the
city council, board, or commission.
(5) City officials shall treat city employees as
professionals and specifically shall not:
(A) interfere with the work of city

§ 12A-2

(B) appoint city council office staff
members to boards and commissions.
(C) demand that board or commission
members vote as requested by the city council member
or threaten board or commission members with
removal.
This paragraph does not prohibit city council
members from receiving information from or
providing information to a board or commission
member, working together with board and
commission members on projects, or expressing their
opinions to board and commission members. (Ord.
30391, eff. 7/1/17)

employees.
(B) impair the ability of city employees
to implement city council policies.
(C) influence city employees in the
making of recommendations or decisions.
(D) criticize
performance in public.
(E) berate

a

nor

city

employee's

admonish

city

employees.
(6) City officials shall work through the city
manager, city secretary, city attorney, or city auditor
and the applicable department director to obtain
information or request assistance with projects, rather
than contacting city employees directly. This provision
does not apply to professional and administrative
assistants to the mayor and city council.
(7) Because independent advice from boards
and commissions is essential to the public
decision-making process, city council members shall
not:
(A) use their position to influence the
deliberations or decisions of boards and commissions.

4

SEC. 12A-2.

DEFINITIONS.

In this chapter, the following words and phrases
have the meanings ascribed to them in this section,
unless the context requires otherwise:
(1) ACCEPT. A person “accepts” an offer
of employment or a business opportunity when the
person enters into a legally binding contract or any
informal understanding that the parties expect to be
carried out.
(2) AFFECT PARTICULARLY AN
ECONOMIC INTEREST or AFFECT PARTICULARLY
A SUBSTANTIAL ECONOMIC INTEREST. An action
is likely to “affect particularly an economic interest” or
“affect particularly a substantial economic interest,”
whichever is applicable, if it is likely to have an effect
on the particular interest that is distinguishable from
its effect on members of the public in general or on a
substantial segment of the public.
(3) 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.

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Code of Ethics

(4) AFFINITY. Relationship by “affinity”
(by marriage) is defined in Sections 573.024 and 573.025
of the Texas Government Code, as amended.
(5) BEFORE THE CITY. Representation or
appearance “before the city” means before:

§ 12A-2

corporation, or entity is deemed to be a client of the
official or employee if:
(i) the partnership, professional
corporation, or entity derived two percent or more of
its annual gross income within the preceding 12
months from the client; and

(A) the city council;
(B) a board, commission, or other city
body or city entity; or

(C) This definition does not apply to
the term “client” when used in Article III-A (lobbyist
regulations).

(C) a city official or employee.
(6) 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.
(7) BUSINESS ENTITY means a sole
proprietorship, partnership, firm, corporation, holding
company, joint-stock company, receivership, trust,
unincorporated association, or any other entity
recognized by law, except that the term does not
include a governmental entity.
(8) CITY means the city of Dallas, Texas.
(9) CITY COUNCIL MEMBER or MEMBER
OF THE CITY COUNCIL means all members of the
Dallas city council, including the mayor.
(10) CLIENT.
(A) The term “client” includes any
specialized and highly personalized professional
business relationship of an individual official or
employee. The term does not include a regular or
ordinary business or vendor relationship.
(B) If the official or employee does not
personally represent the client but conducts business as
a member of a primary partnership or professional
corporation or conducts business through another
entity, a client of the partnership, professional

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(ii) the city official or employee
knows of the client’s relationship.

(11) CODE OF ETHICS or ETHICS CODE
means this chapter.
(12) CONFIDENTIAL
INFORMATION includes:

GOVERNMENT

(A) all information held by the city that
is not available to the public under the Texas Open
Records Act;
(B) any information from a meeting
closed to the public pursuant to the Texas Open
Meetings Act;
(C) any information protected by
attorney-client, attorney work product, or other
applicable legal privilege; and
(D) any research, opinions, advice,
recommendations, reasoning, or conclusions in a draft
document concerning city business or city policy that
has not yet been released to the public in accordance
with established city procedures.
(13) CONSANGUINITY. Relationship by
“consanguinity” (by blood) is defined in Sections
573.022 and 573.023 of the Texas Government Code, as
amended.
(14) DEPARTMENT DIRECTOR means the
head of any department or office, including an office

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5

 § 12A-2

Code of Ethics

under the city manager, that is created by the city
charter or by ordinance of the city council.
(15) DISCRETIONARY CONTRACT means
any contract other than one that by law must be
awarded on a competitive bid basis.
(15.1) DOING BUSINESS WITH THE CITY
means any person, either individually or as the officer
or principal of an entity, who submits a bid or proposal,
or negotiates or enters into any city contract, whether or
not the contract is required by state law to be
competitively bid.
(16) DOMESTIC PARTNER means an
individual who, on a continuous basis, lives in the same
household and shares the common resources of life in
a close, personal, intimate, committed relationship with
a city official or employee. A domestic partner may be
of the same or opposite gender as the official or
employee and is not married to or related by blood to
the official or employee.
(16.1) DONATION 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) to the city, unless consideration of equal or
greater value is received by the donor.
(17) 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. Exceptions are as
follows:
(A) 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.
(B) If a city official’s primary source of
employment is with a governmental entity other than
the city, such employment by the governmental entity

6

§ 12A-2

does not create for that city official an economic
interest in the property or contracts of the
governmental entity.
(C) 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.
(18) EMPLOYEE or CITY EMPLOYEE
means any person listed on the city of Dallas payroll as
an employee, whether part-time, full-time, permanent,
or temporary.
(19) EX PARTE COMMUNICATION means
any communication not made in a written document
filed with the ethics advisory commission and not
made orally during a hearing, but does not include a
communication made pursuant to an inquiry duly
authorized by the commission.
(20) FORMER CITY OFFICIAL OR
EMPLOYEE means a person who has left service as a
city official or employee.
(21) 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.
(22) INDIRECT OWNERSHIP. A person
who holds an economic interest in a business entity in
a name other than that person's own has indirect
ownership of that business entity.
(23) KNOWINGLY or WITH KNOWLEDGE.
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
the person is aware of the nature of the conduct or that
the circumstances exist. A person acts “knowingly” or
“with knowledge” with respect to a result of his or her

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 § 12A-2

Code of Ethics

§ 12A-2

conduct when the person is aware that the conduct is
reasonably certain to cause the result.

is within the scope of an official’s or employee’s
duties; and

(24) OFFICIAL or CITY OFFICIAL includes
the following persons, except when used in Article
III-A (lobbyist regulations):

(B) any failure to act, if the official or
employee is under a duty to act.
(26) OFFICIAL INFORMATION includes
information gathered pursuant to the power or
authority of city government.

(A) City council members.
(B) Municipal judges.
(C) The city manager, the first assistant
city manager, and all assistant city managers.
(D) The city auditor and the first
assistant city auditor.
(E) The city attorney and the first
assistant city attorney.
(F) The city secretary and the first
assistant city secretary.
(G) All department directors and their
supervisors.
(H) M embers of al l bo ards,
commissions, committees, and other bodies created by
the city council pursuant to city ordinance or federal or
state law, including bodies that are only advisory in
nature.
(I) City council appointed members of
boards of entities that were not created by the city
council.
(J)

The chief financial officer.

(K) For purposes of Chapter 12A only,
a citizen volunteer on committees or task forces formed
by boards or commissions.

(27) PARTNER includes any partner in a
general partnership, limited partnership, or joint
venture.
(28) PERSONALLY PARTICIPATED. The
requirement of having “personally participated” in a
matter is met only if the individual in fact exercised
discretion relating to the matter. The fact that the
person had responsibility for a matter does not by
itself establish that the person “personally
participated” in the matter.
(29) REPRESENTATION encompasses every
form of communication or personal appearance in
which a person, not acting in performance of official
duties, formally or informally serves as an advocate for
private interests. Lobbying and service as an expert
witness, even on an informal basis, are forms of
representation. “Representation” does not include
appearance as a fact witness in litigation or other
official proceedings.
(30) SOLICITATION. “Solicitation” of
subsequent employment or a subsequent business
opportunity includes any form of proposal or
negotiation relating to employment or a business
opportunity.
(31) S U B S T A N T I A L
INTEREST.

ECONOMIC

(25) OFFICIAL ACTION includes:

(A) A person has a “substantial
economic interest” in a business entity if:

(A) any affirmative act (including the
making of a formal or informal recommendation), that

(i) the person owns 10 percent or
more of the voting stock, shares, or other ownership

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7

 § 12A-2

Code of Ethics

§ 12A-3

interest in the business entity or owns either 10 percent
or more or $15,000 or more of the fair market value of
the business entity; or

(4) a business entity in which the city
official or employee knows that the city official or
employee holds an economic interest;

(ii) funds received by the person
from the business entity exceed 10 percent of the
person’s gross income for the previous year.

(5) a business entity that the city official or
employee knows is an affiliated business or partner of
a business entity in which that person holds an
economic interest;

(B) A person has a “substantial
economic interest” in real property if the interest is an
equitable or legal ownership with a fair market value of
$2,500 or more.
(C) For purposes of determining a
“substantial economic interest,” 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. (Ord. Nos. 24316; 24485;
27748; 28020; 30391, eff. 7/1/17)

(6) a business entity for which the city
official or employee serves as an officer or director or
in any other policymaking position; or
(7) a person or business entity:
(A) from whom, within the past 12
months, the city official or employee, directly or
indirectly, has:
(i)

solicited

an

offer

of

employment;
(ii) received and not rejected an
offer of employment; or

ARTICLE II.

(iii) accepted

PRESENT CITY OFFICIALS AND EMPLOYEES.

an

offer

of

employment; or
SEC. 12A-3.

IMPROPER ECONOMIC INTEREST.

(a) Economic interests affected. To avoid the
appearance and risk of impropriety, a city official or
employee shall not take any official action that the city
official or employee knows is likely to affect
particularly the economic interests of:
(1) the city official or employee;
(2) the city official's or employee's outside
client;

(B) with whom the city official or
employee, directly or indirectly, is engaged in
negotiations pertaining to a business opportunity.
(b) Substantial economic interests affected. To
avoid the appearance and risk of impropriety, a city
official or employee shall not take any official action
that the city official or employee knows is likely to
affect particularly the substantial economic interests of:
(1) the city official's or employee's parent,
child, spouse, or other family member within the first
degree of consanguinity or affinity;

(3) the city official's or employee's outside
employer;

(2) the city official's or employee's domestic
partner;

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 § 12A-3

Code of Ethics

(3) an outside employer of the city official's
or employee's parent, child, spouse, or other family
member within the first degree of consanguinity or
affinity, or domestic partner, but only if the city official
or employee knows the family member or domestic
partner has a substantial economic interest in the
outside employer;
(4) a business entity in which the city official
or employee knows that a substantial economic interest
is held by the city official's or employee's:
(A) parent, child, spouse, or other
family member within the first degree of consanguinity
or affinity; or
(B) domestic partner;
(5) a business entity that the city official or
employee knows is an affiliated business or partner of
a business entity in which a substantial economic
interest is held by the city official's or employee's:
(A) parent, child, spouse, or other
family member within the first degree of consanguinity
or affinity; or
(B) domestic partner; or
(6)

§ 12A-3

indirectly, is engaged in negotiations pertaining to a
business opportunity.
(c) Disclosure requirements relating to offers of
employment. Whenever a city employee who is a
department director or of higher rank receives an offer
of employment from any person or business entity that
the employee knows had an economic interest in any
discretionary contract with the city in which the
employee personally participated within the preceding
12 months, the employee shall, immediately upon
receiving the offer, disclose the offer, whether rejected
or not, to the appropriate supervisory person or body
designated under Section 12A-12.1(b). Unless recusal
is required under Section 12A-12.1(a), the employee
may continue to personally participate, on the behalf
of the city, in contracts and other matters in which the
person or entity making the employment offer has an
economic interest.
(d) Board of directors of a reinvestment zone.
(1) Notwithstanding any other provision of
this section, a member of the board of directors of a
reinvestment zone established under the Tax
Increment Financing Act, as amended, may:
(A) own
reinvestment zone; and

property

within

that

a person or business entity:

(A) from whom, within the past 12
months, the city official's or employee's spouse or
domestic partner, directly or indirectly, has:
(i)

solicited

an

offer

of

employment;
(ii) received and not rejected an
offer of employment; or
(iii) accepted

an

offer

of

(B) participate in discussions and
voting on matters before the board of directors that
may indirectly affect the member's property within the
reinvestment zone, but must adhere to the recusal and
disclosure requirements in Section 12A-12.1 on matters
before the board of directors that may directly affect
the member's property.
(2) For purposes of this subsection, a matter
directly affects a member's property in the
reinvestment zone if the matter involves a project in
the reinvestment zone that is:

employment; or
(A) financed with tax increment funds;
(B) with whom the city official's or
employee's spouse or domestic partner, directly or

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and

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 § 12A-3

Code of Ethics

(B) located within 200 feet of the
member's property.
(e) City officials and employees serving in
policymaking positions for business entities at the
direction of the city. The restrictions and requirements
of Subsection (a)(6) and Section 12A-12.1 of this chapter
do not apply to a city official or employee serving as an
officer or director or in any other policymaking
position for a business entity when taking official action
on behalf of the city on matters concerning that
business entity, if the city official or employee:
(1) was appointed by the mayor, city
council, or city manager to represent the city as an
officer or director or in any other policymaking
position for the business entity; and
(2) has no economic interest in the business
entity or in the matter on which the action is being
taken.
(f) Municipal management district boards. The
restrictions and requirements of this section do not
apply to a member of a municipal management district
board.
(g) Disclosure of conflicts.
(1) Any applicant seeking city council, city
plan commission, board of adjustment, or landmark
commission approval on any zoning application shall
file a disclosure statement along with the zoning
application at the time of application.
(2) The disclosure statement must name any
city official or employee known by the zoning applicant
to have a conflict of interest in the matter, along with a
statement of the nature of the conflict of interest.
"Conflict of interest" means any interest under this
chapter that would prevent the city official or employee
from voting on or participating in the application.
(3) Failure to disclose a known conflict of
interest is a violation of this chapter. (Ord. Nos. 24316;
24720; 27504; 27819; 30391, eff. 7/1/17)

10

§ 12A-4

SEC. 12A-4.

UNFAIR ADVANCEMENT OF
PRIVATE INTERESTS;
NEPOTISM.

(a) General rule. A city official or employee
may not use his or her official position to unfairly
advance or impede personal interests by granting or
securing, or by attempting to grant or secure, for any
person (including himself or herself) any form of
special consideration, treatment, exemption, or
advantage beyond that which is lawfully available to
every other person or organization.
(b) Special rules. The following special rules
apply in addition to the general rule set forth in
Subsection (a):
(1) Acquisition of interest in impending
matters. A city official or employee shall not acquire
an interest in any matter if the official or employee
knows that the interest will be affected by impending
official action of the city.
(2) Acquisition of interest in decided
matter. A city official or employee shall not acquire an
interest in any matter affected by an official action of
the city for a period of one year after the date of the
official action.
(3) Reciprocal favors. A city official or
employee may not enter into an agreement or
understanding with any other person that official
action by the official or employee will be rewarded or
reciprocated by the other person.
(4) Appointment

or

employment

of

relatives.
(A) A city official or employee shall not
appoint, or take any action to influence the
appointment of, that person's domestic partner or any
relative within the first degree of consanguinity or
affinity to the ethics advisory commission or to any
quasi-judicial board or commission within the city.

Dallas City Code

4/17

 § 12A-4

Code of Ethics

(B) A city council member shall not
appoint any fellow city council member’s domestic
partner or relative within the first degree of
consanguinity or affinity to the ethics advisory
commission or to any quasi-judicial board or
commission within the city. Any person who, before
June 28, 2000, was appointed to a quasi-judicial board
or commission within the city by a city council member
and who was either a domestic partner or relative
within the first degree of consanguinity or affinity of
another city council member may:
(i) complete his or her term on the
board or commission; and
(ii) continue to be reappointed to
that board or commission by any city council member
until the maximum number of terms allowed under
Section 8-1.5 of the city code have been served.
(C) A city official or employee shall not
appoint or employ, or take any action to influence the
appointment or employment of, his or her domestic
partner or any relative within the first degree of
consanguinity or affinity to any position of
employment within the city. Nothing in this
subparagraph prohibits any person who, before June
28, 2000, was lawfully appointed to or employed in any
position of employment with the city from continuing
to serve in that position of employment.

§ 12A-4

(c) Recusal and disclosure. A city official or
employee whose conduct would violate Subsection
(b)(4) of this section shall adhere to the recusal and
disclosure requirements in Section 12A-12.1 of this
chapter.
(d) Board of directors of a reinvestment zone.
(1) Notwithstanding Subsections (b)(1) and
(b)(2) of this section, a member of the board of
directors of a reinvestment zone established under the
Tax Increment Financing Act, as amended, may:
(A) acquire
reinvestment zone; and

property

within

that

(B) participate in discussions and
voting on matters before the board of directors that
may indirectly affect the acquired property, but must
adhere to the recusal and disclosure requirements in
Section 12A-12.1 of this chapter on matters before the
board of directors that may directly affect the acquired
property.
(2) For purposes of this subsection, a matter
directly affects a member's acquired property in the
reinvestment zone if the matter involves a project in
the reinvestment zone that is:
(A) financed with tax increment funds;
and

(5) Supervision of relatives. In addition to
the nepotism restrictions of Section 34-5(e) of the city
code, no official or employee shall be permitted to be
the immediate supervisor of his or her domestic partner
or of any relative within the second degree of
consanguinity or affinity.
(6) Fringe benefits.
The general rule
described in Subsection (a) of this section does not
prohibit the city from granting fringe benefits to city
employees as a part of their contracts of employment or
as an added incentive to securing or retaining
employees.

4/17

(B) located within 200 feet of the
acquired property.
(e) Municipal management district boards. The
rules stated in Subsections (a), (b)(1), and (b)(2) of this
section do not apply to a member of a municipal
management district board. (Ord. Nos. 24316; 27504;
27819; 30391, eff. 7/1/17)

Dallas City Code

11

 § 12A-5

Code of Ethics

SEC. 12A-5.
(a)

GIFTS.

§ 12A-5

(2) Reporting is not required for gifts with
a monetary value of less than $250, except that
reporting is required for gifts from a single source in a
single year with a cumulative value of $250 or more.

General rule.

(1) A city official or employee shall not
solicit, accept, or agree to accept any gift or benefit that:
(A) reasonably tends to influence or
reward official conduct; or
(B) the city official or employee knows
is intended to influence or reward the discharge of
official duties.
(2) A person or business entity shall not
knowingly offer any gift or benefit to a city official or
employee that:
(A) reasonably tends to influence or
reward official conduct; or
(B) the person or business entity knows
is intended to influence or reward the discharge of
official duties.

(3) Reporting is not required for gifts from
a relative or person with whom the city official or
employee has a personal, professional, or business
relationship independent of the city official's or
employee's status with the city.
(c) Specific exceptions. Subsection (a) does not
include:
(1) reimbursement of reasonable expenses
for travel authorized in accordance with city policies;
(2) a public award or reward for
meritorious service or professional achievement,
provided that the award or reward is reasonable in
light of the occasion;
(3) a loan from a lending institution made
in its regular course of business on the same terms
generally available to the public;

(3) Gifts must comply with city policies.
(b) Reporting of gifts over $250. All city officials
and employees required to file a financial disclosure
report under Section 12A-19 of this chapter shall report
all gifts over $250 in the financial disclosure report.
(1) The financial disclosure report must be
filed with the city manager or the city manager's
designee on a form provided by the city manager or the
city manager's designee. The financial disclosure
report must include the date of the gift; identity of the
person or business entity making the gift; city official or
employee receiving the gift; a description of the gift;
and the estimated monetary value of the gift. The
financial disclosure report must be filed within 30 days
after receipt of the gift. This report is required in
addition to any other documentation required for the
gift.

12

(4) a scholarship or fellowship awarded on
the same terms and based on the same criteria applied
to other applicants;
(5) admission to an event in which the city
official or employee is participating in connection with
official duties; or
(6) gifts, tickets, meals, travel, lodging,
entertainment, and honoraria accepted by a city official
or employee in accordance with policies established by
city council resolution.
(d) Campaign contribution exception. The
general rule stated in Subsection (a) does not apply to
a campaign contribution received and reported in
compliance with the Texas Election Code. (Ord. Nos.
24316; 27223; 30391, eff. 7/1/17)

Dallas City Code

4/17

 § 12A-5.1

Code of Ethics

SEC. 12A-5.1. DONATIONS.
(a)

§ 12A-5.1

(B) the person or business entity
knows is intended to influence or reward the discharge
of official duties.

Purpose and procedures.

(1) Donations of money, real estate,
products, and services to the city allow citizens to make
valuable contributions to city programs, and should be
encouraged. Persons and business entities making
donations should not, however, expect any reward,
reciprocal benefit, or influence.
(2) Donations should be documented to
ensure transparency of government, enable
measurement of the value and usefulness of the
donation, and allow for audits of donations.
(3) For long-term or complex projects and
projects involving professional services, an agreement
should be drafted to document the scope of goods or
services to be donated and to document which party
retains ownership of intellectual property. If a
donation will lead to city expenditures, expenditures
should go through the procurement process if required
by city code or state law.

(c)

Reporting.

(1) City officials, employees, and
departments receiving a donation to the city of money,
real estate, products, or services shall report the
donation to the city manager or the city manager's
designee on a form to be provided by the city manager
or the city manager's designee. The report must
include the date of the donation; the identity of the
person or business entity making the donation; the city
official, employee, or department receiving the
donation; a description of the donation; the estimated
monetary value of the donation; the intended use of
the donation; and the actual use of the donation. The
report must be filed within 30 days after receipt of the
donation. This report is required in addition to any
other documentation required for the donation.
(2) The individual or department that
receives the donation is responsible for reporting the
donation.

(b) General rule.
(1) A city official, employee, or department
shall not solicit, accept, or agree to accept any donation
to the city of money, real estate, products, or services
that:
(A) reasonably tends to influence or
reward official conduct; or
(B) the city official, employee, or
department knows is intended to influence or reward
the discharge of official duties.
(2) A person or business entity shall not
knowingly offer any donation to the city of money, real
estate, products, or services that:

(3) Reporting is not required for donations
to the city of money, real estate, products, or services
with a monetary value of less than $1,000, except that
reporting is required for donations from a single
source in a single year with a cumulative value of
$1,000 or more.
(d) Management. Donations to the city of
money, real estate, products, and services must be
administratively managed in compliance with duly
adopted policies.
(e) Exceptions. This section does not apply to
gifts made to a city official or employee in compliance
with Section 12A-5. This section does not apply to the
items listed in Subsections 12A-5(c) and (d) as
exceptions to the gift policy. (Ord. 30391, eff. 7/1/17)

(A) reasonably tends to influence or
reward official conduct; or

4/17

Dallas City Code

13

 § 12A-6

Code of Ethics

SEC. 12A-6.

CONFIDENTIAL
INFORMATION.

money or any other thing of value that is received or is
to be received in return for or in connection with such
representation.

(a) Improper access. A city official or employee
shall not use his or her position to secure official
information about any person or entity for any purpose
other than the performance of official responsibilities.
(b) Improper disclosure or use. A city official or
employee shall not intentionally or knowingly disclose
any confidential government information gained by
reason of the official’s or employee’s position. This rule
does not prohibit:
(1) any disclosure that is no longer
confidential government information;
(2) the confidential reporting of illegal or
unethical conduct to authorities designated by law; or
(3) any disclosure, not otherwise prohibited
by law, in furtherance of public safety.
(c) Disclosure of a closed meeting. A city official
or employee shall not knowingly disclose to a member
of the public the certified agenda, the recording, or the
discussion had within a meeting that was lawfully
closed to the public, unless the disclosure is made with
lawful authority. (Ord. Nos. 24316; 30391, eff. 7/1/17)

SEC. 12A-7.

(a)

REPRESENTATION OF
PRIVATE INTERESTS.

(B) Representation without compensation. A city official or employee who is a member of a
board, commission, or body shall not represent any
person, group, or entity before:
(i) that city official's
employee's board, commission, or body;

or

(ii) city staff having responsibility
for making recommendations to, or taking any action
on behalf of, that board, commission, or body; or
(iii) a board, commission, or body
that has appellate jurisdiction over the board,
commission, or body of which the city official or
employee is a member, if any issue relates to the
official's or employee's duties.
(2) Exceptions. The
Subsection (a) do not apply to:

prohibitions

in

(A) A person who is classified as a city
official only because that person is an appointed
member of a board, commission, or body may
represent for compensation a person, group, or entity
before the city so long as the representation is not
before the board, commission, or body that the person
is a member.
(B) If the representation is before a
board, commission, or body, of which the city official
or employee is a member, that is only advisory in
nature.

Representation before the city.
(1) General rule.

(A) Representation for compensation.
A city official or employee shall not represent, for
compensation, any person, group, or entity (other than
themselves or the city official's or employee's spouse,
minor children, or domestic partner) before the city.
For purposes of this subsection, "compensation" means

14

§ 12A-7

(C) An employee who is a duly
designated representative of an association of
municipal employees may represent that association
before the city if otherwise permissible by state law.

Dallas City Code

4/17

 § 12A-7

Code of Ethics

(3) Prestige of office and improper
influence. In connection with the representation of
private interests before the city, a city official or
employee shall not:
(A) assert the prestige of the city official's or
employee's position for the purpose of advancing
private interests; or
(B) state or imply that the city official or
employee is able to influence city action on any basis
other than the merits.

§ 12A-8

employee does not participate in any manner
whatsoever in the partner's or affiliate's representation.
(c) Representation in municipal court. No
member of the city council may engage in the practice
of law in or before the municipal courts of the city.
(d) Municipal management district boards. The
restrictions stated in Subsection (a) of this section do
not apply to a member of a municipal management
district board. (Ord. Nos. 24316; 27819; 30391, eff.
7/1/17)

(b) Representation in litigation adverse to the
city.

SEC. 12A-8.

(1) Officials and employees (other than
board and commission members). A city official or
employee, other than a person who is classified as an
official only because that person is an appointed
member of a board, commission, or body, shall not
represent any person, group, or entity (other than
themselves or their spouse, minor children, or domestic
partner) in any litigation to which the city is a party, if
the interests of that person, group, or entity are adverse
to the interests of the city. This rule does not prohibit
an employee who is a duly designated representative of
an association of municipal employees from such
representation if otherwise permissible under state law.
(2) Board and commission members. A
person who is classified as a city official only because
that person is an appointed member of a board,
commission, or body shall not represent any person,
group, or entity (other than themselves or their spouse,
minor children, or domestic partner) in any litigation to
which the city is a party, if the interests of that person,
group, or entity are adverse to the interests of the city
and the matter is substantially related to the official's
duties to the city.
(3) Affiliates of officials and employees.
Subject to applicable professional ethical standards, the
restrictions stated in Subsections (b)(1) and (b)(2) do not
apply to representation by a partner or other affiliate of
a city official or employee so long as the city official or

4/17

CONFLICTING OUTSIDE
EMPLOYMENT.

(a) General rule. A city official or employee
shall not:
(1) solicit, accept, or engage in concurrent
outside employment that could reasonably be expected
to impair independence of judgment in, or faithful
performance of, official duties; or
(2) personally provide services for
compensation, directly or indirectly, to a person or
organization that is requesting an approval,
investigation, or determination from the body or
department of which the official or employee is a
member.
(b) Exception. The restrictions stated
Subsection (a) of this section do not apply to:

in

(1) outside employment of a city official if
the employment is the official’s primary source of
income; or
(2) a member of a municipal management
district board.
(c) Other rules. The general rule stated in
Subsection (a) of this section applies in addition to all
other rules relating to outside employment of city
officials and employees, including requirements for

Dallas City Code

15

 § 12A-8

Code of Ethics

obtaining prior approval of outside employment as
applicable.
(d) Public utility corporations. An employee of
the city may accept employment from a public utility
corporation enjoying the grant of a franchise, privilege,
or easement from the city if:

incentive is available to the general public, the
application is evaluated under the same criteria that
apply to the general public, and the incentive is subject
to the same terms and conditions that apply to the
general public. (Ord. Nos. 24316; 30391, eff. 7/1/17)

SEC. 12A-10.
(1) the employee is to perform the duties of
a security guard for the public utility corporation;
(2) the employment is approved by the
employee's department head; and
(3) the employment does not conflict with
his or her duties as an employee of the city. (Ord. Nos.
24316; 27819)

SEC. 12A-9.

§ 12A-10

POLITICAL ACTIVITY.

(a) City officials. In any election, except the city
official's own, a city official shall not:
(1) use the prestige of the city official's
position with the city on behalf of a candidate, political
party, or political committee, except that in connection
with:
(A) an endorsement, a city official is
not prohibited from lending the city official's name so
long as the office held with the city is not mentioned;

PUBLIC PROPERTY AND
RESOURCES.

(a) A city official or employee shall not use,
request, or permit the use of city facilities, personnel,
equipment, or supplies for private purposes (including
political purposes), except:
(1) pursuant to duly adopted city policies;
or
(2) to the extent and according to the terms
that those resources are generally available to the
public.

(B) any election ordered by the City of
Dallas on a proposition or measure, a city council
member is not prohibited from lending the city
official's name and official city title; and
(C) any election for public office, a city
council member is not prohibited from lending the city
council member's name and the designation
"honorable."
(2) serve as the designated campaign
treasurer for a candidate under the Texas Election
Code; or

(b) A city council member shall not use, request,
or permit the use of city facilities, personnel,
equipment, or supplies for any campaign expenditure,
campaign contribution, political advertising, or
campaign communication as defined in Title 15,
"Regulating Political Funds and Campaigns," of the
Texas Election Code, as amended, and Texas Election
Commission rules, regulations, and opinions.

(3) solicit or receive contributions for a
candidate, political party, or political committee,
except that a city official is not prohibited from serving
on a steering committee to plan a program of
solicitation and listing the member's name without
reference to the office held when the committee as a
whole is listed.

(c) City officials and employees may not apply
for or obtain an incentive offered by the city, including
grants, loans, tax abatements, and tax credits, unless the

(b) Employees.
A city employee is not
prohibited from becoming a candidate for public
office. A city employee is not subject to disciplinary

16

Dallas City Code

4/17

 § 12A-10

Code of Ethics

action, including termination, solely because the city
employee becomes a candidate for public office. The
city employee must, however, still fulfill all the duties
and responsibilities associated with their city
employment.
(c) Influencing subordinates. A city official or
employee shall not, directly or indirectly, induce or
attempt to induce any city subordinate of the official or
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.
A general statement merely encouraging another
person to vote does not violate this subsection.
(d) Paid campaigning.
A city official or
employee shall not directly or indirectly accept
anything of value for political activity relating to an
item pending on the ballot, if the official or employee
participated in, or provided advice relating to, the
exercise of discretionary authority by a city body that
contributed to the development of the ballot item.
“Anything of value” does not include a meal or other
item of nominal value the city official or employee
receives in return for providing information on an item
pending on the ballot.
(e) Official vehicles. A city official or employee
shall not display or fail to remove campaign materials
on any city vehicle under his or her control.
(f) Elections. A city employee shall not use the
prestige of his or her position with the city on behalf of
any candidate, political party, or political committee.
(g) Charter provisions. A city official or
employee shall comply with the provisions governing
political activity set forth in Chapter XVI, Section 16 of
the city charter.

4/17

§ 12A-12

(h) Public property and resources. Limitations
on the use of public property and resources for
political purposes are imposed by Section 12A-9 of this
chapter. (Ord. Nos. 24316; 25203; 29645; 30391, eff.
7/1/17)

SEC. 12A-11.

ACTIONS OF OTHERS.

(a) Violations by other persons. A city official or
employee shall not knowingly assist or induce, or
attempt to assist or induce, any person to violate any
provision of this chapter.
(b) Using others to engage in forbidden conduct.
A city official or employee shall not violate any
provision of this chapter through the acts of another.
(c) Participation in ethics violations. No person
shall intentionally or knowingly induce, attempt to
induce, conspire with, aid or assist, or attempt to aid or
assist another person to violate any provision of this
chapter.
(d) Duty to report violations. Persons shall
immediately report any conduct that the person knows
to be a violation of this chapter. Failure to report a
violation of this chapter is a violation of this chapter.
Any person who knowingly fails to report a violation
of this chapter shall be subject to sanctions described in
this chapter. For purposes of this section, a report
made to the Fraud, Waste or Abuse hotline shall be
considered to be a report under this section. (Ord.
Nos. 24316; 30391, eff. 7/1/17)

SEC. 12A-12.

PROHIBITED INTERESTS IN
CONTRACTS.

(a) Charter restrictions relating to financial
interests in city contracts. A city official or employee
shall comply with the restrictions on financial interests
in city contracts as set forth in Chapter XXII, Section 11
of the city charter.

Dallas City Code

17

 § 12A-12

Code of Ethics

(b) Additional restrictions relating to city
contracts. A city official or employee may not, while in
the service or employment of the city, either
individually or as the officer or principal of an entity:
(1) submit a bid or proposal to make any
city contract, whether or not the contract is required by
state law to be competitively bid; or
(2) negotiate or enter into any city contract
whether or not the contract is required by state law to
be competitively bid.
(c) Exceptions. The restrictions contained in
Subsections (a) and (b) of this section do not apply to a
member of:
(1) a board of a nonprofit development
corporation that acts as an instrumentality of the city; or
(2) a municipal management district board.
(d) Restrictions relating to the first year of
employment. During the first year of city service, a city
official or employee shall not participate in the making
or awarding of a contract, or attempt to use their
official position to influence a city decision relating to
a contract, if a party to the contract is a person or entity
by whom the city official or employee was employed
within one year before beginning city service. (Ord.
Nos. 24316; 27504; 27819; 29645; 30391, eff. 7/1/17)

SEC. 12A-12.1.

RECUSAL AND DISCLOSURE.

(a) General rule. A city official or employee
whose conduct or action on a matter would violate any
section in Article II of this chapter must recuse
themselves. From the time that the conflict is
recognized, the city official or employee shall:
(1) immediately refrain from further
participation in the matter, including discussions with
any other persons likely to consider the matter; and

18

§ 12A-12.1

(2) promptly file with the city secretary a
written statement disclosing the conflict on a form
provided by the city secretary.
(b) Additional recusal and disclosure requirements. In addition to the requirements of Subsection
(a):
(1) A supervised employee shall promptly
bring that person's conflict to the attention of a
supervisor, who will then, if necessary, reassign
responsibility for handling the matter to another
person;
(2) the park and recreation director shall
promptly bring that person's conflict to the attention of
the park and recreation board;
(3) the civil service director shall promptly
bring that person's conflict to the attention of the civil
service board;
(4) the employees' retirement fund
administrator shall promptly bring that person's
conflict to the attention of the board of trustees of the
employees' retirement fund;
(5) a municipal judge shall promptly bring
that person's conflict to the attention of the
administrative municipal judge;
(6) the city manager, city attorney, city
secretary, city auditor, and administrative municipal
judge shall promptly bring that person's conflict to the
attention of the city council;
(7) a board or commission member shall
promptly disclose that member's conflict to the board
or commission of which that person is a member and
shall not be present during any discussion or voting on
the matter; and
(8) a city council member shall promptly
disclose that member's conflict to the city council and
shall not be present during any discussion or voting on
the matter. (Ord. 30391, eff. 7/1/17)

Dallas City Code

4/17

 § 12A-13

Code of Ethics

ARTICLE III.
FORMER CITY OFFICIALS AND EMPLOYEES.

SEC. 12A-13.

(1) any disclosure that is no longer
confidential government information;
(2) the confidential reporting of illegal or
unethical conduct to authorities designated by law; or
(3) any disclosure, not otherwise prohibited
by law, in furtherance of public safety.
(b) Disclosure of a closed meeting. A former city
official or employee shall not knowingly disclose to a
member of the public the certified agenda, the
recording, or the discussion had within a meeting that
was lawfully closed to the public, unless the disclosure
is made with lawful authority. (Ord. Nos. 24316; 30391,
eff. 7/1/17)

SUBSEQUENT
REPRESENTATION.

(a) Representation by a former city council
member or former board or commission member. A
person who was a member of the city council, a board
or commission, or another city body shall not represent
any person, group, or entity (other than himself or
herself or his or her spouse, minor children, or
domestic partner) for a period of one year after the
termination of his or her official duties:
(1) before the city council or that board,
commission, or body;

4/17

(2) unless the board, commission, or body
of which the former city official or employee was a
member is only advisory in nature:
(A) before city staff having
responsibility for making recommendations to, or
taking any action on behalf of, the city council or that
board, commission, or body; or

CONTINUING
CONFIDENTIALITY.

(a) Improper disclosure or use. A former city
official or employee shall not use or disclose
confidential government information acquired during
service as a city official or employee. This rule does not
prohibit:

SEC. 12A-14.

§ 12A-14

(B) before a board, commission, or
other city body that has appellate jurisdiction over the
board, commission, or body of which the former city
official or employee was a member, if any issue relates
to his or her former duties.
(b) Representation before the city. A former city
official or employee shall not represent for
compensation any person, group, or entity (other than
himself or herself or his or her spouse, minor children,
or domestic partner) before the city for a period of one
year after termination of his or her official duties. This
subsection does not apply to a person who was
classified as a city official only because he or she was
an appointed member of a board, commission, or other
city body.
For purposes of this subsection,
“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) Representation in litigation adverse to the
city. A former city official or employee shall not,
absent consent from the city, represent any person,
group, or entity (other than himself or herself or his or
her spouse, minor children, or domestic partner) in
any litigation to which the city is a party, if the
interests of that person, group, or entity are adverse to
the interests of the city and the matter is one in which
the former city official or employee personally
participated prior to termination of his or her official
duties or is a matter substantially related to such a
matter.
(d) Statement or implication of inappropriate
influence. In connection with the representation of
private interests, a former city official or employee

Dallas City Code

19

 § 12A-14

Code of Ethics

shall not state or imply that he or she is able to
influence city action on any basis other than the merits.
(Ord. 24316)

§ 12A-15.1

compensated basis relating to any discretionary
contract with the city.
(d) Exceptions. The prohibitions of Subsections
(a), (b), and (c) do not apply to:

SEC. 12A-15.

DISCRETIONARY
CONTRACTS.

(1) a contract for the personal services of a
former city official or employee;

(a) Impermissible interest in discretionary
contract or sale. Within one year after the termination
of official duties, a former city official or employee
shall not have any financial interest, direct or indirect,
in any contract with the city, or be financially
interested, directly or indirectly, in the sale to the city
of any land, materials, supplies, or service. Any
violation of this subsection, with knowledge, express or
implied, of the person or corporation contracting with
the city will render the contract involved voidable by
the city manager or the city council. This subsection
applies only to contracts or sales made on a
discretionary basis and not to contracts or sales made
on a competitive bid basis.
(b) Additional restrictions. A former city official
or employee may not, within one year after leaving the
service or employment of the city, either individually
or as the officer or principal of a private business entity:

(2) a member of a board or commission that
is only advisory in nature; or
(3) the provision of goods, facilities, or
services by the city to a former city official or
employee pursuant to duly adopted city policies and
on nonnegotiable terms generally available to the
public.
(e) Waivers. The prohibitions of Subsections (a),
(b), and (c) may be waived by the city council, after a
review of the specific circumstances, for a person who
is considered a former official under this chapter only
because he or she was a member of a board or
commission that is more than advisory in nature.
(Ord. Nos. 24316; 24721)

SEC. 12A-15.1
(1) submit a proposal, on behalf of the
official or employee or on behalf of a private business
entity, to make any city contract that is not required by
state law to be competitively bid; or
(2) negotiate or enter into any city contract
that is not required by state law to be competitively bid.
(c) Prior participation in negotiation or award of
contract and disclosure requirements. A former city
official or employee may not, within one year after the
termination of official duties, perform work on a
compensated basis relating to a discretionary contract,
if he or she personally participated in the negotiation or
awarding of the contract. A former city official or
employee, for one year after termination of official
duties, must disclose to the city secretary immediately
upon knowing that he or she will perform work on a

20

RESTRICTIONS ON LOBBYING.

(a) A city council member shall be prohibited
from registering as a lobbyist and from lobbying city
council members, or any city department, board, or
commission, for one year after leaving service with the
city.
(b) A city official other than a city council
member who is a member of a board or commission
shall be prohibited from registering as a lobbyist and
lobbying that board or commission for one year after
the city official's service on that board or commission
has ended.
(c) A city employee, including city employees
who are city officials, shall be prohibited from
registering as a lobbyist and from lobbying city council
members, or any city department, board, or

Dallas City Code

4/17

 § 12A-15.1

Code of Ethics

commission, for one year after leaving employment
with the city.
(d) Nothing in this section shall be construed to
prohibit a person from lobbying on behalf of another
government agency if they are employed by that
governmental agency. (Ord. 30391, eff. 7/1/17)

§ 12A-15.2

(ii) Building inspection advisory,
examining, and appeals board.
(iii) City

plan

and

zoning

commission.
(iv) Civil service board and civil
service board adjunct members.

ARTICLE III-A.

(v) Community

development

commission.
LOBBYISTS.
(vi) Dallas area rapid transit
board.
SEC. 12A-15.2.

DEFINITIONS.

In this article, unless specifically provided
otherwise:

(vii) D a l l a s - F o r t
international airport board.

Worth

(viii) Ethics advisory commission.
(1) CITY OFFICIAL means:
(ix) Fire
(A) The

mayor

and

city

council

code

advisory

and

appeals board.

members.
(x) Housing finance corporation
(B) The city manager and assistant city

board.

(C) The city attorney and first assistant

(xi) Landmark commission and
landmark commission alternate members.

(D) The city secretary and first assistant

(xii) All
corporation boards.

managers.

city attorney.
local

government

city secretary.
(xiii) All municipal management
(E) The city auditor and first assistant

district boards.

city auditor.
(xiv) Park and recreation board.
(F) Municipal judges.
(xv) Permit and license appeal
board.

(G) All department directors.

(xvi) All reinvestment zone boards.

(H) City of Dallas appointed members
to the following boards and commissions:

(2) CLIENT.
(i) Board of adjustment and board
of adjustment alternate members.

4/17

(A) “Client” means any person on
whose behalf lobbying is conducted. If a person

Dallas City Code

21

 § 12A-15.2

Code of Ethics

engages in lobbying on that person’s own behalf,
whether directly or through the acts of others, the
person is both a client and a lobbyist.
(B) In the case of a coalition or
association that employs or retains other persons to
conduct lobbying activities, the client is the coalition or
association and not its individual members.
(C) In the case of a limited liability
company, limited partnership company, or similar
entity, the client includes the managers and general
partners, but does not include the non-managing
members or limited partners.
(D) In the case of affiliated business
entities, the client includes the parent entity and each
subsidiary with a direct economic interest in a
municipal question and on whose behalf the municipal
question is being lobbied, but does not include any
other subsidiaries or entities whose only involvement
in the municipal question or lobbying activities is being
under the common control or ownership structure of
the parent entity.

§ 12A-15.2

(ii) any amounts previously
reported under Section 12A-15.6 of this article.
(C) If a lobbyist engages in both
lobbying activities and other activities on behalf of a
person, compensation for lobbying includes all
amounts received from that person, if, for the purpose
of evading the obligations imposed under this article,
the lobbyist has structured the receipt of compensation
in a way that unreasonably minimizes the value of the
lobbying activities.
(D) Compensation that has not yet
been received is considered to be received on the date
that it is earned, if that date is ascertainable; otherwise,
it is received on the date on which the contract or
agreement for compensation is made, or on the date
lobbying commences, whichever is first.
(4) DESIGNATED PUBLIC
MATTER means any of the following:

SUBSIDY

(A) A tax abatement.
(B) A housing tax credit.

(3) COMPENSATION.
(C) An
(A) “Compensation” means any money,
service, facility, or other thing of value that is received,
or is to be received, in return for or in connection with
lobbying services rendered, or to be rendered,
including reimbursement of expenses incurred in
lobbying.

historic

development

tax

abatement.
(D) Federal grant money administered
by the city.
(E) Tax increment financing.

(B) “Compensation” does not include:

(F) An economic development grant or
loan.

(i) a payment made to any
individual regularly employed by a person if:

(5) DESIGNATED ZONING CASE means
a change of zoning on a specific property where:

(aa) the payment ordinarily
would be made regardless of whether the individual
engaged in lobbying activities; and
(bb) lobbying activities are not
part of the individual’s regular responsibilities to the
person making the payment; or

22

(A) the property is 25 acres or more;
(B) the proposed floor area for retail or
personal service uses is 200,000 square feet or more;

Dallas City Code

4/17

 § 12A-15.2

Code of Ethics

§ 12A-15.2

(C) the proposed floor area for
industrial uses is one million square feet or more;

(8) IMMEDIATE FAMILY means a spouse,
a domestic partner, and dependent children.

(D) the proposed zoning change is to a
multifamily district of 10 acres or more;

(9) LOBBYIST means a person who engages
in lobbying, whether directly or through the acts of
another. If an agent or employee engages in lobbying
for a principal or employer, both the agent and the
principal, or the employee and the employer, are
lobbyists.

(E) the proposed zoning change allows
60 dwelling units or more per acre; or
(F) the city staff recommendation and
the city plan commission recommendation regarding
the proposed change of zoning do not agree.
(6) EXPENDITURE.
(A) “Expenditure” means a payment,
distribution, loan, advance, reimbursement, deposit, or
gift of money or anything of value, including a contract,
promise, or agreement to make an expenditure,
regardless of whether such contract, promise, or
agreement is legally enforceable.

(10) LOBBY or LOBBYING.
(A) “Lobby or lobbying” means any
oral or written communication (including an electronic
communication) to a city official, made directly or
indirectly by any person in an effort to influence or
persuade an official to favor or oppose, recommend or
not recommend, vote for or against, or take or refrain
from taking action on any municipal question.
(B) “Lobby or lobbying” does not
include a communication:

(B) “Expenditure” does not include:
(i) an amount paid to
individual regularly employed by a person if:

any

(aa) the amount paid to the
individual is ordinarily paid regardless of whether the
individual engages in lobbying activities; and
(bb) lobbying activities are not
part of the individual's regular responsibilities to the
person making the payment; or
(ii) the cost of photocopying city
documents, if those costs are the only expenditures
made by the person in question on lobbying activities.
(C) The date on which an expenditure
is incurred is determined according to generally
accepted accounting principles.

(i) merely requesting information
or inquiring about the facts or status of any municipal
question, matter, or procedure, and not attempting to
influence a city official;
(ii) made by a public official or
employee (including, but not limited to, an official or
employee of the city of Dallas) acting in his or her
official capacity;
(iii) made by a representative of a
media organization if the purpose of the
communication is gathering and disseminating news
and information to the public;
(iv) made in a speech, article,
publication, or other material that is distributed and
made available to the public, or through radio,
television, cable television, or any other medium of
mass communication;

(7) GIFT has the same meaning as in Section
12A-2.

4/17

(v) made at a meeting open to the
public under the Texas Open Meetings Act;

Dallas City Code

23

 § 12A-15.2

Code of Ethics

(vi) made in the form of a written
comment filed in the course of a public proceeding or
any other communication that is made on the record in
a public proceeding;
(vii) made in writing as a petition
for official action and required to be a public record
pursuant to established city procedures;
(viii) made in an oral or written
response narrowly tailored to address an oral or
written request by a city official for specific
information;
(ix) the

content

of

which

is

§ 12A-15.3

(12) MUNICIPAL QUESTION means a
public policy issue of a discretionary nature that is
pending before, or that may be the subject of action by,
the city council or any city board or commission. The
term includes, but is not limited to, proposed actions
or proposals for action in the form of ordinances,
resolutions, motions, recommendations, reports,
regulations, policies, nominations, appointments,
sanctions, and bids, including the adoption of
specifications, awards, grants, or contracts. The term
does not include the day-to-day application,
administration, and execution of city programs and
policies such as permitting, platting, and design
approval matters related to or in connection with a
specific project or development.

compelled by law;
(x) made in response to a public
notice soliciting communications from the public and
directed to the official specifically designated in the
notice to receive such communications;
(xi) made on behalf of an
individual with regard to that individual's employment
or benefits;

(13) PERSON means an individual,
corporation, association, firm, partnership, committee,
club, organization, or a group of persons voluntarily
acting in concert.
(14) REGISTRANT means a person required
to register under this article. (Ord. Nos. 27748; 27834)

SEC. 12A-15.3.
(xii) made by a fact witness or
expert witness at an official proceeding; or
(xiii) made by a person solely on
behalf of that individual, his or her spouse or domestic
partner, or his or her minor children.

PERSONS REQUIRED TO
REGISTER AS LOBBYISTS.

(a) Except as provided by Section 12A-15.4, a
person must register with the city secretary if the
person:
(1) receives compensation of $200 or more
in a calendar quarter for lobbying;

(11) LOBBYING FIRM means:
(A) a self-employed lobbyist;

(2) receives reimbursement of $200 or more
in a calendar quarter for lobbying; or

(B) a person who has one or more
employees that are lobbyists on behalf of a client or
clients other than that person; or
(C) a person who has one or more
employees that are lobbyists on the person’s behalf and
the person is the client.

(3) lobbies as the agent or employee of a
person who:
(A) receives compensation of $200 or
more in a calendar quarter for lobbying;
(B) receives reimbursement of $200 or
more in a calendar quarter for lobbying.

24

Dallas City Code

4/17

 § 12A-15.3

Code of Ethics

(b) A lobbying firm that is not required to
register under Subsection (a) of this section may
register as a lobbyist with the city secretary if the
lobbying firm has more than one employee who is
required to register under Subsection (a). A lobbying
firm that chooses to register under this subsection for
all of its employees that are lobbyists, instead of having
them register individually, will be deemed to be a
"registrant" and "a person required to register" for all
purposes of this article and will be subject to all
requirements, procedures, and penalties applicable to
a "registrant" and "person required to register," as those
terms are used in this article.
(c) An attorney who is representing a client must
register as a lobbyist if the attorney meets the
compensation or reimbursement standards of
Subsection (a). A law firm whose attorneys would be
required to register as lobbyists under this provision
may register as a lobbying firm instead of the
individual attorneys.
(d) A person who is representing an association
of city employees or an association of former city
employees must register as a lobbyist if the person
meets the compensation or reimbursement standards of
Subsection (a) or if the person is representing the
association on a pro bono basis. (Ord. Nos. 27748;
27834; 30391, eff. 7/1/17)

SEC. 12A-15.4.

EXCEPTIONS.

(a) The following persons are not required to
register or file an activity report under this article:
(1) A person who owns, publishes, or is
employed by a newspaper, any other regularly
published periodical, a radio station, a television
station, a wire service, or any other bona fide news
medium that in the ordinary course of business
disseminates news, opinions, or paid advertisements
that directly or indirectly oppose or promote municipal
questions or seek to influence official action relating to
municipal questions, provided that the person does not

4/17

§ 12A-15.4

engage in other activities that require registration
under this article. This exception does not apply if a
person's relation to the news media is only incidental
to a lobbying effort or if a position taken or advocated
by a media outlet directly impacts, affects, or seeks to
influence a municipal question in which the media
outlet has a direct or indirect economic interest.
(2) A person whose only lobbying activity
is to encourage or solicit the members, employees, or
owners (including shareholders) of an entity by whom
the person is compensated to communicate directly
with one or more city officials to influence municipal
questions.
(3) A governmental entity and its officials
and employees, provided the communications relate
solely to subjects of governmental interest concerning
the governmental entity and the city.
(4) A person who neither knows nor has
reason to know that a municipal question is pending at
the time of contact with a city official. This exception
does not apply if the existence of a municipal question
is discovered during on-going contacts with a city
official and the person then engages in additional
lobbying of the same official or other city officials with
respect to that municipal question.
(5) A person whose contact with a city
official is made solely as part of resolving a dispute
with the city, provided that the contact is solely with
city officials who do not vote on or have final authority
over any municipal question involved.
(6) An agent or employee of a lobbying
firm or other registrant, provided that the lobbying
firm or other registrant files a registration statement or
activity report for the period in question fully
disclosing all relevant information known to the agent
or employee.
(7) An individual who engages in lobbying,
but who does not receive compensation or
reimbursement for lobbying with respect to any client.

Dallas City Code

25

 § 12A-15.4

Code of Ethics

(8) A neighborhood association, crime
watch group, or homeowners association or its
members when lobbying on a municipal question that
affects the group or association as a whole.
(b) If, after notification by the city secretary that
registration is required, a person claims an exception
under this section, that person shall file an affidavit
with the city secretary stating the basis for the exception
within 14 days after the date of notification. If, after
notification by the city secretary that registration is
required, the person determines that registration is
required, the person must register within 14 days after
the date of notification. (Ord. Nos. 27748; 30391, eff.
7/1/17)

SEC. 12A-15.5.

REGISTRATION.

(a) Initial registration. A person required to
register as a lobbyist under this article shall file a
separate registration for each client. A registrant who
makes more than one lobbying contact for the same
client shall file a single registration form covering all
lobbying contacts for that client. If the registrant is not
an individual, an authorized officer or agent of the
registrant must file the form. An initial registration
form relating to a client must be filed by a person
required to register under this article within five days
after the start of lobbying activity for that client, except
that initial registration of a client in a zoning case must
be filed within five days after the zoning application is
filed with the city. In no event shall a registrant
knowingly fail to register, or knowingly fail to disclose
such registration to relevant city officials, prior to
official city action relating to the subject matter of the
lobbying activity.
(b) Subsequent annual registration. Subsequent
registration forms must be filed annually by January 15
for each client for whom a registrant previously filed or
was required to file an initial registration form in the
prior registration year, if lobbying activities are still
being conducted or will foreseeably be conducted for
the client during the new registration year.

26

§ 12A-15.5

(c) Required disclosures. An initial or
subsequent registration must be filed on the form and
in the manner prescribed by the city secretary and
must include, to the extent applicable, the following
information:
(1) The full name, telephone number,
permanent address, and nature of the business of:
(A) the registrant;
(B) the client;
(C) any person, other than the client,
on whose behalf the registrant has been engaged by the
client to lobby;
(D) any person, other than the client,
who is known by the registrant to contribute
financially to the compensation of the registrant, or
who, in whole or in major part, plans, supervises, or
controls the registrant's lobbying activities on behalf of
the client;
(E) any lobbying firm for which the
registrant is an agent or employee with respect to the
client; and
(F) each employee or agent of the
registrant who has acted or whom the registrant
expects to act as a lobbyist on behalf of the client.
(2) A statement of all municipal questions
on which the registrant:
(A) has lobbied for the client in the
calendar quarter in which the registration is filed and
in the three months preceding the filing of the
registration, including the name of each city official
contacted by the registrant on behalf of the client with
regard to each municipal question and the type of
contact made with the city official (in person,
telephone call, letter, or electronic mail); or
(B) will foreseeably lobby for the client
in the calendar quarter in which the registration is filed

Dallas City Code

4/17

 § 12A-15.5

Code of Ethics

and in the three months following the filing of the
registration.
(3) If the municipal question relates to a
zoning case, the name of each city official contacted and
the type of contact made (in person, telephone call,
letter, or electronic mail) by the registrant on behalf of
the client from the time the registrant began lobbying
activities relating to the zoning case until the time the
registrant filed a registration for the client in
compliance with this section.
(4) Disclosure of any employment or
arrangement to lobby for the client on a contingent fee
basis.
(5) A list of any positions held by the
registrant as a city official or city employee, as those
terms are defined in Section 12A-2, during the 24
months preceding the filing of the registration.
(6) A statement that, by filing the
registration, the registrant swears or affirms under
penalty of perjury that, to the best of the registrant’s
knowledge, all information contained in the
registration is true and correct and that the registration
is complete and includes all information required to be
disclosed under this article.
(7) If the registrant is a former city official or
employee, a statement that, by filing the registration,
the registrant swears or affirms that, to the best of the
registrant’s knowledge, the registrant’s lobbying
activities have not violated and will not foreseeably
violate Article III of this chapter, which governs former
city officials and employees.
(d) Fee. At the time of filing an initial or
subsequent annual registration, a registrant shall pay to
the city an annual registration fee of $300. A separate
registration fee is not required for each additional client
registered during a registration year. All lobbyist
registration fees must be deposited into a separate
account within the general fund, which account must
be used to offset the costs of administering the city's

4/17

§ 12A-15.6

lobbyist registration program and the costs of handling
disclosure filings. (Ord. 27748)

SEC. 12A-15.6.

ACTIVITY REPORTS.

(a) Required disclosures. Except as provided in
Section 12A-15.4 of this article, each registrant shall file
with the city secretary a report concerning the
registrant's lobbying activities for each client from
whom, or with respect to whom, the registrant
received compensation of, or expended, monies for
lobbying during the prior calendar quarter. The report
for the preceding calendar quarter must be filed not
earlier than the first day or later than the 15th day of
April, July, October, or January, or on the date
registration on behalf of the client is required,
whichever comes later. If the registrant is not an
individual, an authorized officer or agent of the
registrant shall file the form. The report must be filed
on the form and in the manner prescribed by the city
secretary and must include, with respect to the
previous calendar quarter, to the extent applicable, the
following information:
(1) The name of the registrant, the name of
the client, and any changes or updates in the
information provided in the most recent registration
statement filed pursuant to Section 12A-15.5.
(2) A list of the specific issues upon which
the registrant engaged in lobbying activities, including,
to the maximum extent practicable, a list of specific
legislative proposals and other proposed, pending, or
completed official actions.
(3) Disclosure of any employment or
arrangement to lobby for the client on a contingent fee
basis.
(4) The name of each city official contacted
by the registrant on behalf of the client with regard to
a municipal question and the type of contact made
with the city official (in person, telephone call, letter,
or electronic mail).

Dallas City Code

27

 § 12A-15.6

Code of Ethics

(5) A list of the employees or agents of the
registrant who acted as lobbyists on behalf of the client.
(6) Cumulative lobbying expenditures of
over $5,000 in a calendar quarter, separated into the
following categories:
(A) Advertising and publications.
(B) Compensation to other than fulltime employees.

§ 12A-15.6

(ii) se r ve s o n a bo ard,
commission, or other city body that has appellate
jurisdiction over the subject matter of the lobbying.
For purposes of this paragraph, "exchange" does not
include a routine purchase from a commercial business
establishment, if the city official in question is neither
aware, nor likely to become aware, of the transaction.
(9) The name and position of each city
official or member of a city official's immediate family
who is employed by the registrant.

(C) Reimbursement to others.
(D) Personal sustenance, lodging and
travel, if reimbursed.
(E) Other expenses.
(7) Gifts, benefits, and expenditures that
have a cumulative value of more than $25 that are made
to, conferred upon, or incurred on behalf of a city
official or his or her immediate family by the registrant,
or by anyone acting on behalf of the registrant, in any
calendar quarter must be itemized by item, date, city
official, actual cost, and circumstances of the
transaction.
(8) Each exchange (itemized by date,
business entity and address, city official, amount, and
nature of transaction) of money, goods, services, or
anything of value by the registrant, or by anyone acting
on behalf of the registrant, with any business entity in
which the registrant knows or should know that a city
official has a substantial economic interest, or for which
the city official serves as a director or an officer, or in
any other policy making position, if:

(10) A statement that, by filing the report,
the registrant swears or affirms under penalty of
perjury that, to the best of the registrant’s knowledge,
all information contained in the report is true and
correct and that the report is complete and includes all
information required to be reported under this article.
(b) Information required to be provided to
registrant. Each person about whose activities a
registrant is required to report by Subsection (a) of this
section shall provide a full account of such activities to
the registrant at least five days before the registrant's
report is due to be filed.
(c) Preservation of records. Each registrant shall
obtain and preserve all accounts, bills, receipts, books,
papers, and documents necessary to substantiate the
activity reports required under this section for two
years after the date the report containing such items is
filed.
(d) No activity or changes. No quarterly activity
report is required if there is no activity during the
preceding calendar quarter and there are no other
changes to items required to be reported. (Ord. 27748)

(A) the total of such exchanges is $250
or more in a calendar quarter; and
(B) the city official:
(i) has been lobbied by the
registrant during the calendar quarter; or

28

Dallas City Code

4/17

 § 12A-15.7

SEC. 12A-15.7.

Code of Ethics

NON-REGISTRANT
DISCLOSURE STATEMENTS.

§ 12A-15.7

(1) The full name, telephone number,
permanent address, and nature of the business of:
(A) the applicant;

(a) Non-registrant disclosure statement required
for designated persons.

(B) the property owner; and
(1) Designated zoning cases. Any applicant,
property owner, or purchaser with a property under
contract who lobbies a city council member or a
member of the city plan commission on a municipal
question relating to a designated zoning case that will
affect the property shall file a non-registrant disclosure
statement in accordance with this section. An initial
non-registrant disclosure statement must be filed
within five days after the applicant, property owner, or
purchaser contacts a city council member or member of
the city plan commission for lobbying purposes. This
paragraph only applies to lobbying contacts made after
the application for the designated zoning case is filed
with the city.
(2) Designated public subsidy matters. Any
applicant, property owner, or purchaser with a
property under contract who lobbies a city council
member on a municipal question relating to a
designated public subsidy matter that will affect the
property shall file a non-registrant disclosure statement
in accordance with this section. An initial nonregistrant disclosure statement must be filed within five
days after the applicant, property owner, or purchaser
contacts a city council member for lobbying purposes.
This paragraph only applies to lobbying contacts made
after the designated public subsidy matter is posted on
a city council committee agenda or a council agenda,
whichever occurs first.
(b) Required information. A non-registrant
disclosure statement must be filed with the city
secretary on the form and in the manner prescribed by
the city secretary. If the applicant, property owner, or
purchaser with a property under contract is not an
individual, an authorized officer or agent of that person
shall file the non-registrant disclosure statement. The
non-registrant disclosure statement must include, to the
extent applicable, the following information:

4/17

(C) the purchaser with a property
under contract.
(2) The full name, telephone number,
permanent address, and nature of the business of the
person filing the non-registrant disclosure statement,
if different from the applicant, property owner, or
purchaser.
(3) The address of the property that is the
subject of the designated zoning case or designated
public subsidy matter, whichever applies.
(4) A description of the designated zoning
case or designated public subsidy matter.
(5) The name of each city council member
or city plan commission member contacted by the
applicant, property owner, or purchaser relating to a
designated zoning case or the name of each city
council member contacted by the applicant, property
owner, or purchaser relating to a designated public
subsidy matter, and the type of contact made (in
person, telephone call, letter, or electronic mail).
(6) A statement that, by filing the nonregistrant disclosure statement, the filer swears or
affirms under penalty of perjury that, to the best of the
filer’s knowledge, all information contained in the
non-registrant disclosure statement is true, correct, and
complete and includes all information required to be
disclosed under this section.
(c) Quarterly disclosure statements. Lobbying
contacts on a designated zoning case or designated
public subsidy matter made after an initial nonregistrant disclosure statement is filed must be
reported by the applicant, property owner, or
purchaser with a property under contract in quarterly

Dallas City Code

29

 § 12A-15.7

Code of Ethics

non-registrant disclosure statements. A quarterly nonregistrant disclosure statement must be filed on the
form and in the manner prescribed by the city secretary
and must include, with respect to the previous calendar
quarter, to the extent applicable, the same information
required in Subsection (b) of this section. The nonregistrant disclosure statement for the preceding
calendar quarter must be filed not earlier than the first
day or later than the 15th day of April, July, October, or
January.
(d) No fee. No fee will be charged for filing a
non-registrant disclosure statement under this section.
(e)

Exceptions. This section does not apply to:

(A) an applicant, property owner, or
purchaser with a property under contract who is
currently registered with the city as a lobbyist and
filing activity reports in accordance with this article; or
(B) a neighborhood association, crime watch
group, or homeowners association or its members
when lobbying on a municipal question that affects the
group or association as a whole. (Ord. 27748)

SEC. 12A-15.8.

RESTRICTED ACTIVITIES.

(a) False statements. A person who lobbies or
engages another person to lobby, or any other person
acting on behalf of such person, shall not intentionally
or knowingly:
(1) make any false or misleading statement
of fact to any city official; or
(2) knowing a document to contain a false
statement, cause a copy of such document to be
received by a city official without notifying such official
in writing of the truth.
(b) Failure to correct erroneous statement. A
registrant who learns that a statement contained in a
registration form or activity report filed by the
registrant during the past three years is false shall

30

§ 12A-15.8

correct that statement by written notification to the city
secretary within 30 days of learning of the falsehood.
(c) Personal obligation of city officials. A person
who lobbies or engages another person to lobby, or
any other person acting on behalf of such person, shall
not do any act, or refrain from doing any act, with the
express purpose and intent of placing any city official
under personal obligation to such lobbyist or person.
(d) Improper influence. A registrant shall not
cause or influence the introduction of any ordinance,
resolution, appeal, application, petition, nomination,
or amendment for the purpose of thereafter being
employed as a lobbyist to secure its granting, denial,
confirmation, rejection, passage, or defeat.
(e) False appearances. A person who lobbies or
engages another person to lobby, or any other person
acting on behalf of such person, shall not cause any
communication to be sent to a city official in the name
of any fictitious person, or in the name of any real
person except with the consent of such real person.
(f) Prohibited representations. A person who
lobbies or engages another person to lobby, or any
other person acting on behalf of such person, shall not
represent, either directly or indirectly, orally or in
writing, that the person can control or obtain the vote
or action of any city official.
(g) Lobbying by bidders and proposers on city
contracts.
(1) A person responding to a request for
bids or request for proposals on a city contract shall
not lobby a city council member either directly or
indirectly (through a representative, employee, or
agent) from the time the advertisement or public
notification of the request for bids or request for
proposals is made until the time the contract is
awarded by the city council.
(2) A city council member shall not discuss
a request for bids or a request for proposals on a city
contract either directly (with the person or entity

Dallas City Code

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 § 12A-15.8

Code of Ethics

submitting the bid or proposal) or indirectly (with a
lobbyist, representative, employee, or agent of the
person or entity submitting the bid or proposal) from
the time the advertisement or public notification of the
request for bids or request for proposals is made until
the time the contract is awarded by the city council.
The department issuing the request for bids or request
for proposals shall forward to all city council members
any protest received and any response to that protest
before city council considers awarding that city
contract.

(c) Written lobbying contacts. Any registrant
who makes a written lobbying contact (including an
electronic communication) with a city official shall
identify each client on whose behalf the lobbying
contact is made and identify himself or herself as a
registered lobbyist. (Ord. Nos. 27748; 30391, eff.
7/1/17)

SEC. 12A-15.10.

(3) This subsection does not prohibit a
bidder or proposer from speaking at the city council
meeting where the award of the contract is considered.
(h) Campaign managers. A person who served
as a campaign manager or campaign treasurer for a
person who was elected as a city council member may
not (either personally or through a representative,
employee, or agent) lobby a city council member or a
city official for one year after the date of the city council
election. A "campaign manager" is any person who
directs day-to-day operations of the campaign or
determines the strategies or policies of the campaign.
(Ord. Nos. 27748; 30391, eff. 7/1/17)

SEC. 12A-15.9.

IDENTIFICATION OF CLIENTS.

(a) Appearances. Each person who lobbies or
engages another person to lobby before the city council
or before a city board or commission identified in
Section 12A-15.2(1)(H) shall orally identify himself or
herself and any client he or she represents upon
beginning an address. Each person who lobbies or
engages another person to lobby shall also disclose on
appropriate sign-in sheets his or her identity, the
identity of the client he or she represents, and whether
he or she is registered as a lobbyist under this article.

§ 12A-15.10

TIMELINESS OF FILING
REGISTRATIONS, ACTIVITY
REPORTS, AND NONREGISTRANT DISCLOSURE
STATEMENTS.

(a) A registration, an activity report, or a nonregistrant disclosure statement filed by first-class
United States mail or by common or contract carrier is
timely if:
(1) it is properly addressed with postage
and handling charges prepaid;
(2) it bears a post office cancellation mark
or a receipt mark from a common or contract carrier
indicating a time within the applicable filing period or
before the applicable filing deadline, or the person
required to file furnishes satisfactory proof that it was
deposited in the mail or with a common or contract
carrier within that filing period or before that filing
deadline; and
(3) it was in fact received by the city
secretary.
(b) A registration, an activity report, or a nonregistrant disclosure statement filed electronically is
timely if it is time and date stamped as having been
received by the city’s server by 5 p.m. on the last day
permitted for filing the particular registration, report,
or statement under this article. (Ord. 27748)

(b) Oral lobbying contacts. Any person who
makes an oral lobbying contact with a city official shall,
at the time of the lobbying contact, state whether the
person is registered under this article and identify each
client on whose behalf the lobbying contact is made.

4/17

Dallas City Code

31

 § 12A-15.11

SEC. 12A-15.11.

Code of Ethics

ADMINISTRATION.

SEC. 12A-15.12.

The city secretary shall:
(1) provide guidance and assistance on
requirements for lobbyist registration, activity reports,
and non-registrant disclosure statements and develop
common standards, rules, and procedures for
compliance with this article;
(2) review registrations, activity reports, and
non-registrant disclosure statements for completeness
and timeliness;

§ 12A-17

VIOLATIONS; PENALTY.

(a) A person who violates a provision of this
article, or who fails to perform an act required of the
person by this article, commits an offense. A person
commits a separate offense each day or portion of a
day during which a violation is committed, permitted,
or continued.
(b) An offense under this article is punishable by
a criminal fine not to exceed $500. (Ord. 27748)

ARTICLE IV.
(3) maintain filing, coding, and crossindexing systems to carry out the purposes of this
article, including:
(A) a publicly available list identifying
all lobbyists and lobbying firms registered with the city
and their clients; and
(B) computerized systems designed to
minimize the burden of filing and maximize public
access to materials filed under this article;
(4) on a quarterly basis, provide an updated
list of all registered lobbyists and lobbying firms, and
their clients, to the city council, the city manager, the
city attorney, the city auditor, the administrative
municipal judge, all department heads, and all chairs of
boards and commissions identified in Section
12A-15.2(1)(H) of this article;
(5) make available for public inspection and
copying at reasonable times the registrations, activity
reports, and non-registrant disclosure statements filed
under this article; and

IDENTIFICATION OF PERSONS REPRESENTED
BEFORE CITY.

SEC. 12A-16.

APPEARANCE BEFORE CITY
COUNCIL, BOARDS,
COMMISSIONS, AND OTHER
CITY BODIES.

A person who appears before the city council, a
city board or commission, or any other city body shall
identify himself or herself and give his or her business
or residence address. (Ord. 24316)

SEC. 12A-17.

REPRESENTATION OF
OTHERS.

A person who represents, orally or in writing, the
interests of another person (other than his or her
spouse, minor children, or domestic partner) before
the city council, a city board or commission, another
city body, or a city official or employee shall disclose
the identity of the person represented. (Ord. 24316)

(6) retain registrations, activity reports, and
non-registrant disclosure statements in accordance with
the Local Government Records Act (Title 6, Subtitle C,
Texas Local Government Code, as amended). (Ord.
27748)

32

Dallas City Code

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 § 12A-18

Code of Ethics

ARTICLE V.

§ 12A-19

(ii) Building inspection advisory,
examining, and appeals board.

PARTICIPATION IN ETHICS VIOLATIONS.
(iii) Business

devel o pment

corporation board.
SEC. 12A-18.

EX PARTE
COMMUNICATIONS.

(iv) City

plan

and

zoning

commission.
No person shall, directly or indirectly,
communicate with any city official of any quasi-judicial
city board or commission as to any adjudicative matter
that is, or may reasonably be expected to be, pending
before the board or commission, unless a full disclosure
of the communication is simultaneously made available
to every other party to the matter. This prohibition
does not apply to any communication by a city
employee with the city board or commission in the
performance of the city employee's official duties.
(Ord. Nos. 24316; 30391, eff. 7/1/17)

(v) Civil service board and civil
service board adjunct members.
(vi) Community

development

commission.
(vii) Dallas Area Rapid Transit
board.
(viii) D a l l a s - F o r t
international airport board.

Worth

(ix) Ethics advisory commission.

ARTICLE VI.

(x) Fire

FINANCIAL DISCLOSURE.

code

advisory

and

appeals board.
SEC. 12A-19.

(a)

FINANCIAL DISCLOSURE
REPORT.

(xi) Housing finance corporation
board.
(xii) Landmark commission and
landmark commission alternate members.

Who must file.

(1) Designated city officials and designated
city employees. Before initially accepting appointment
or assuming the duties of office, and annually
thereafter, the following city officials and employees
shall file with the city secretary a complete, sworn
financial disclosure report complying with Subsection
(b) of this section:
(A) City of Dallas appointed members
to the following boards, commissions, and committees:

(xiii) Park and recreation board.
(xiv) Permit and license appeal
board.
(xv) All reinvestment zone boards.
(xvi) All municipal management
district boards.
(B) The first assistant city attorney.

(i) Board of adjustment and board
of adjustment alternate members.

(C) The city auditor and city secretary,
and their first assistants.

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Dallas City Code

33

 § 12A-19

Code of Ethics

(D) Assistant city managers.

§ 12A-19

preceding calendar year by the reporting party or a
family member.

(E) Municipal judges.
(F) Chief financial officer.
(2) The mayor, city council members, the
city attorney, the city manager, and candidates for city
council. The mayor, each city council member, the city
attorney, the city manager, and each candidate for a
place on the city council are required to file with the
city secretary verified financial statements complying
with Chapter 145 of the Texas Local Government Code,
as amended, and are not subject to the provisions of
Subsections (b) through (g) of this section.
(b) Contents of financial disclosure report.
(1) For purposes of this subsection:
(A) FAMILY MEMBER means a spouse,
domestic partner, or dependent of an official or
employee required to file a financial disclosure report
under Subsection (a)(1) of this section.
(B) REPORTING PARTY means an
official or employee filing a financial disclosure report
as required under Subsection (a)(1) of this section.
(2) Each financial disclosure report must be
on a form provided by the city secretary and must
contain all of the following information:
(A) Name of the reporting party.
(B) Name of each family member of the
reporting party.
(C) Names under which the reporting
party and his or her family members do business.
(D) Names of the employers of the
reporting party and his or her family members.
(E) Identification of each source of
income amounting to more than $250 received in the

34

(F) Identification of each business
entity (including self-employment in the form of a sole
proprietorship under a personal or assumed name) in
which the reporting party or a family member has an
investment of more than $1,000 at the fair market value
at the time of the financial disclosure report, which
investment must be described in the financial
disclosure report.
(G) Identification of each non-profit
entity or business entity in which the reporting party
or a family member is a partner, manager, director,
officer, or board member, or serves in any other
policymaking position.
(H) Identification of any business entity
that the reporting party knows is a partner, parent, or
subsidiary business entity of a business entity owned,
operated, or managed by the reporting party or a
family member.
(I) Identification of any person or
business entity from whom, within the previous
calendar year, the reporting party or his or her spouse
or domestic partner, directly or indirectly, has:
(i) received and not rejected an
offer of employment; or
(ii) accepted an offer of
employment that is binding or expected by the parties
to be carried out.
(J) Identification (by exact street
address or, if no street address is ascertainable, by lotand-block description) of all real property located
within the State of Texas in which the reporting party
or a family member 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 25 percent of a corporation that

Dallas City Code

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 § 12A-19

Code of Ethics

has title to the real property. The following property is
not required to be disclosed:
(i) Property used as a personal
residence of a peace officer.
(ii) Property over which the
reporting party has no decision power concerning
acquisitions or sales.
(iii) Property held through a real
estate investment trust, mutual fund, or similar entity,
unless the reporting party or a family member
participates in the management of the trust, fund, or
entity.

§ 12A-19

(ii) a gift received by will, by
intestate succession, or as distribution from an inter
vivos or testamentary trust established by a spouse,
domestic partner, or ancestor;
(iii) gifts received among and
between fellow city officials and city employees;
(iv) a lawful campaign or
officeholder contribution reported as required by
Chapter 254 of the Texas Election Code; and
(v) admission to an event in
which the reporting party is participating in
connection with official duties.

(K) Identification of persons or entities
to whom the reporting party or a family member owes
an unsecured debt of more than $5,000, but not
including debts for:

(c) Open records. A financial disclosure report
is an open record subject to the Texas Open Records
Act and must be maintained in accordance with the
Local Government Records Act.

(i) money borrowed from a
relative within the second degree of consanguinity or
affinity; or

(d) Annual filing date. An annual financial
disclosure report filed by an official or employee who
is required to report must be received by the city
secretary by 5:00 p.m. on April 30. 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 secretary is extended to 5:00 p.m.
of the next day that is not a Saturday, Sunday, or
official city holiday. The city secretary may for good
cause grant an extension of time in which to file a
report upon written request submitted in advance of
the deadline. The extension may not exceed 15 days.

(ii) revolving charge accounts.
(L) Identification of all persons or
entities who owe the reporting party or a family
member an unsecured debt of more than $5,000, but not
including debts owed by relative within the second
degree of consanguinity or affinity.
(M) Identification of the source of each
gift or accumulation of gifts from one source of more
than $250 in estimated fair market value received by the
reporting party or a family member, or received by a
person for the use or benefit of the reporting party or a
family member, within the preceding calendar year and
the estimated fair market value of each gift. This
requirement does not include:
(i) a gift received from a relative
within the second degree of consanguinity or affinity,
if given on account of kinship, or from a domestic
partner, if given on account of personal relationship;

4/17

(e) Reporting periods. Each initial or annual
financial disclosure report filed by an individual
designated in Subsection (a)(1) of this section must
disclose information relating to the prior calendar
year.
(f)

City secretary.
(1) The city secretary shall:

(A) prior to January 15 of each year,
notify all city officials and employees designated in

Dallas City Code

35

 § 12A-19

Code of Ethics

Subsection (a)(1) of their obligation to file financial
disclosure reports and provide the officials and
employees with the appropriate forms to be completed;
(B) provide forms to all new city
council appointees and advise them of reporting
requirements and deadlines;

(g) In addition to other remedies and penalties
set forth in this chapter, a violation of this section is
punishable by a criminal fine not to exceed $500. (Ord.
Nos. 24316; 24485; 25236; 25906; 27819; 30391, eff.
7/1/17)

SEC. 12A-20.
(C) 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
this article;
(D) review reports for completeness
and timeliness;
(E) maintain filing, coding, and
cross-indexing systems to carry out the purpose of this
article and maintain a publicly available list of all
persons required to file a financial disclosure report;
(F) make the reports filed under this
article available for public inspection and copying at
reasonable times; and
(G) upon determining that a person
who is required to file a financial disclosure report has
failed to do so timely or has filed incomplete or
unresponsive information:
(i) notify the person by certified
mail that failure to file or correct the filing within 15
days after the original deadline is a violation of this
chapter; and
(ii) publicly announce to the city
council the names of those who have not timely or
completely filed a financial disclosure report and to
whom the notification is being sent.
(2) The failure of the city secretary to
provide any notification required by Subsection (f)(1) of
this section does not bar appropriate remedial action,
but may be considered on the issue of culpability.

36

§ 12A-21

SHORT FORM ANNUAL
REPORT.

A person who is required to file an annual
financial disclosure report under Section 12A-19(a)(1)
may fulfill those filing obligations by submitting a
short sworn statement on a form provided by the city
secretary, if there have been no changes in the
information disclosed by that person in a complete
financial disclosure report filed within the past five
years. The short statement must indicate the date of the
person’s most recently filed complete financial
disclosure report and must state that there have been
no changes in that information. (Ord. Nos. 24316;
25906)

SEC. 12A-21.

TRAVEL REPORTING
REQUIREMENTS.

(a) Any person listed in Subsection (d) of this
section who, in connection with his or her official
duties, accepts a trip or excursion to a location greater
than 50 miles from the city that involves 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 secretary (except subordinates of the city
manager, who shall file with the city manager) before
embarking on the travel (time permitting), or not more
than seven days after the travel is concluded, a
disclosure statement identifying:
(1) the name of the sponsor of the trip or
excursion;
(2) the name of the person or entity paying
for the trip or excursion, if different from the sponsor;

Dallas City Code

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 § 12A-21

Code of Ethics

(3) the places to be visited; and

§ 12A-24

SEC. 12A-23.

VIOLATION OF REPORTING
REQUIREMENTS.

(4) the purpose and dates of the travel.
(b) The city manager shall, within 10 working
days after the travel is concluded, file with the city
secretary the information listed in Subsection (a) that
has been filed with the city manager’s office by affected
subordinates of the city manager.

Failure to timely file a report required under this
article is a violation of this chapter, as is the filing of a
report with incorrect, misleading, or incomplete
information. (Ord. Nos. 24316; 25906)

ARTICLE VII.
(c) Nothing in this section authorizes personnel
reporting to the city manager to violate policies and
procedures established by the city manager regarding
travel request authorizations.

ETHICS ADVISORY COMMISSION.

SEC. 12A-24.
(d) The following persons are required to report
under this section:

ETHICS ADVISORY
COMMISSION - CREATION;
COMPOSITION, TERMS, AND
QUALIFICATIONS.

(1) City council members.
(2) The city manager, city attorney, city
secretary, and city auditor, and their first assistants.
(3) Municipal judges.
(4) Members of boards and commissions.
(5) Assistant city managers.
(6) Department directors, assistant directors,
and their supervisors, including the civil service
director, the park and recreation director, assistant
directors, and their supervisors.

(a) Creation and composition. There is hereby
created the ethics advisory commission, to be
composed of seven members appointed by the city
council as a whole. The mayor shall appoint the chair,
and the full city council shall appoint the vice chair.
(b) Terms of office. Each member of the
commission shall be appointed for a two-year term
beginning on October 1 of each odd-numbered year.
All members shall serve until their successors are
appointed and qualified.

(7) Chief financial officer. (Ord. Nos. 24316;
25906; 30391, eff. 7/1/17)

(c) Qualifications. Each member of the ethics
advisory commission shall meet the requirements of
Chapter 8 of the city code, except as specifically
provided otherwise in this article. Additionally, no
member of the commission may be:

SEC. 12A-22.

(1) a city official or the spouse or domestic
partner of a city official;

RESERVED.

(Repealed by Ord. 30391, eff. 7/1/17)

(2) a city employee or the spouse or
domestic partner of a city employee;
(3) an elected public official;
(4) a candidate for elected public office;

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Dallas City Code

37

 § 12A-24

Code of Ethics

§ 12A-25

(5) a person who, for compensation,
represents the private interests of others before the city
council; or

(E) Chapter XXII, Section 11, "Financial
Interest of Employee or Officer Prohibited," of the city
charter;

(6) a paid campaign worker or a political
consultant of a current city council member. (Ord. Nos.
24316; 29645)

(F) Chapter XXIV, Section 1, "No
Officer or Employee to Accept Gift, Etc., From Public
Utility," of the city charter;

SEC. 12A-25.

(G) Texas Local Government Code
Chapter 145, "Financial Disclosure by and Standards of
Conduct for Local Government Officers," as amended;

(a)

JURISDICTION AND POWERS.

Jurisdiction.

(1) The ethics advisory commission shall
have jurisdiction to review and make findings
concerning any alleged violation of the laws,
ordinances, and rules listed in Paragraph (2) of this
section by any person subject to those laws, ordinances,
or rules, including but not limited to current city
officials and employees, former city officials and
employees, and persons doing business with the city.
(2) The ethics advisory commission may
consider violations of the following laws, ordinances,
and rules:

(H) Texas Local Government Code
Chapter 171, "Regulation of Conflicts of Interest of
Officers of Municipalities, Counties, and Certain Other
Local Governments," as amended;
(I) Texas Local Government Code
Chapter 176, "Disclosure of Certain Relationships with
Local Government Officers; Providing Public Access to
Certain Information," as amended;
(J) Section 212.017, "Conflict of
Interest; Penalty," of Texas Local Government Code
Chapter 212, "Municipal Regulation of Subdivisions
and Property Development," as amended;

(A) Section 8-22, "Board Members," of
Article V, "Code of Conduct," of Chapter 8, "Boards and
Commissions," of the Dallas City Code;

(K) Texas Penal Code Chapter 36,
"Bribery and Corrupt Influence," as amended;

(B) Chapter 12A, "Code of Ethics," of
the Dallas City Code;

(L) Texas Penal Code Section 39.02,
"Abuse of Official Capacity," as amended;

(C) Chapter 15A, "Elections," of the
Dallas City Code, except to the extent that Chapter 15A
is administered and enforced by the Texas Ethics
Commission;

(M) Texas Penal Code Section 39.03,
"Official Oppression," as amended;

(D) the second sentence of Chapter XVI,
Section 16(a) of the city charter, which reads "No officer
or employee of the city shall directly or indirectly, in
any way be required to contribute to any political
campaign, political party, organization which supports
candidates for public office, or for any partisan political
purpose whatsoever;

38

(N) Texas Penal Code Section 39.06,
"Misuse of Official Information," as amended;
(O) conflicts of interest and gift
regulations applicable to local government recipients
of federal grants, including Subsection (c) of Section
200.318 of Title 2 of the Code of Federal Regulations,
as amended; and

Dallas City Code

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 § 12A-25

Code of Ethics

§ 12A-25

(P) any other city rule or city code or
city charter provision pertaining to the ethical conduct
of city officials or employees.

(7) To advise and make recommendations
to the city council concerning the city’s ethics code and
ethics policies.

(3) The commission may not consider any
alleged violation that occurred more than one year
before the date of the filing of a complaint. The city
secretary shall not accept or process any complaint that
is filed more than one year after the date of the
violation alleged in the complaint.

(8) To make determinations that complaints
are frivolous, make findings of facts, and sanction
persons who file frivolous complaints.

(b) Termination of city official’s or employee’s
duties. The termination of a city official’s or employee's
duties does not affect the jurisdiction of the ethics
advisory commission with respect to alleged violations
occurring prior to the termination of the official’s or
employee’s official duties.
(c) Powers. The ethics advisory commission has
the following powers only:
(1) To establish, amend, and rescind rules
and procedures governing its own internal organization
and operations in a manner and form consistent with
this article.
(2) To meet as often as necessary to fulfill its
responsibilities.
(3) To request from the city manager
through the city council the appointment of such staff
as is necessary to carry out the duties of the
commission.
(4) To review, index, maintain on file, and
dispose of sworn complaints.
(5) To make findings of fact as necessary for
the disposition of a complaint.
(6) To make notifications, extend deadlines,
and conduct investigations of violations within the
jurisdiction of the Ethics Advisory Commission.

4/17

(9) Such other powers as are specifically
granted in this chapter or by the city council.
(d) Subpoenas.
(1) The ethics advisory commission shall
have the power to issue subpoenas for the attendance
of witnesses or subpoenas for the production of
documents or other evidence that the ethics advisory
commission deems necessary for an evidentiary
hearing. The ethics advisory commission may issue a
subpoena only after a written request to appear or
provide documents or other evidence has not been
complied with and after consultation with the city
attorney.
(2) A party to an ethics complaint (either
the complaining party or the party complained
against) may request that the ethics advisory
commission issue a subpoena. The ethics advisory
commission may issue the requested subpoena for
good cause upon a showing of the need for the
witness, documents, or other evidence. The ethics
advisory commission may refuse the requested
subpoena upon a finding that good cause does not
exist.
(3) A person may object to a subpoena
within seven working days after receiving the
subpoena. Objections to subpoenas must be in writing
and submitted to the city secretary, and copied to the
party who requested the subpoena, if any. The party
who requested the subpoena shall have three working
days after receipt of the objections to respond in
writing to the city secretary. The ethics advisory
commission shall rule on the objection. Failure to
object to a subpoena waives any objection to the
subpoena.

Dallas City Code

39

 § 12A-25

Code of Ethics

§ 12A-26

(4) Refusal to appear or to produce any
document or other evidence after receiving a subpoena
pursuant to this section is a violation of this chapter
subject to sanctions as described in Section 2-9 of the
Dallas City Code. (Ord. Nos. 24316; 29660; 30391, eff.
7/1/17)

(7) Other sources of evidence, if any, that
the complainant recommends should be considered by
the ethics advisory commission.

SEC. 12A-26.

this chapter;

(8) An affidavit in which the complainant
swears or affirms, under the penalty of perjury, that:
(A) the complaint states a violation of

COMPLAINTS.

(a) Filing.
Except for an ethics advisory
commission member, any person who is a resident of
the city, a person doing business or attempting to do
business with the city, or a city official or employee,
either at the time the alleged violation of this chapter
occurred or at the time the complaint is submitted, who
believes there has been a violation of this chapter may
file a complaint with the city secretary on a form
provided by the city secretary. The complaint must
contain the following information and items:

(B) the complaint is not being
presented for any improper purpose, such as to harass,
cause unnecessary delays, or needlessly increase the
cost of defense to the person charged in the complaint;
and

(1) The name, address, email address, and
telephone number of the complainant.

(ii) to the best of the
complainant's knowledge, formed after an inquiry
reasonable under the circumstances, the factual
contentions in the complaint are supported by credible
evidence submitted in and with the complaint.

(2) The name, address (if known), email
address (if known), and telephone number (if known)
of each person who allegedly committed the violation.
(3) A statement of the facts on which the
complaint is based, including the exact date or dates of
the alleged violation.
(4) Identification of the ethics laws,
ordinances, and rules allegedly violated, using either a
citation to the applicable section or a description
containing substantially the same language as the ethics
laws, ordinances, and rules.
(5) Copies of the documents or other
evidence, if any, referenced in the complaint or in the
complainant's possession that support the complaint
attached to the complaint.
(6) The names, addresses, email addresses
(if known), and telephone numbers of witnesses, if any,
that can offer testimony in support of the complaint.

40

(C) either:
(i) all information submitted in
and with the complaint is true and correct; or

(b) Format of evidence. If a complainant or a
person charged in a complaint submits evidence in an
electronic, mechanical, or other format that the city
secretary's office cannot duplicate or display, that
office shall request that person to provide the evidence
in a format that the office can duplicate or display. If
that person fails to provide the evidence to the city
secretary's office in a format that the office can
duplicate or display within seven days after the office
has made a request, then the evidence may not be
presented to or considered by the ethics advisory
commission or a panel of the commission.
(c) Acceptance of complaint. Upon receiving a
complaint, the city secretary shall determine if it is
complete. A complaint is complete if it contains the
information described in (a)(1), (2), (3), (4), (5), and (8).
If the complaint is complete, the city secretary shall
proceed as described in this section. If the complaint is

Dallas City Code

4/17

 § 12A-26

Code of Ethics

incomplete, the city secretary shall, in writing, notify
the complainant that the complaint is incomplete and
state which required information was not provided.
The complainant shall have 20 days after the date the
city secretary sends notice to the complainant to
provide the required information to the city secretary,
or the complaint is deemed abandoned and may not be
processed in accordance with this chapter.
(d) Confidentiality of complaints.
(1) No city official or employee shall reveal
information relating to the filing or processing of a
complaint, except as required for the performance of
official duties or as required by law.
(2) Ex parte communications by or to
members of the ethics advisory commission are
prohibited by Section 12A-27(c) of this chapter.
(3) All papers and communications relating
to a complaint must be treated as confidential unless
required to be made public under the Public
Information Act (Chapter 552, Texas Government
Code) or other applicable law.
(e) Notification. The city secretary shall promptly
forward a copy of a complete complaint to the chair of
the ethics advisory commission and to the person
charged in the complaint. The person charged in the
complaint shall have the opportunity to submit a sworn
statement, together with such other information that
person feels is relevant. Copies of all information
provided to the ethics advisory commission by the
complainant and the person charged in the complaint
must be distributed to all parties to the complaint
within 10 days after the ethics advisory commission
receives the information.
(f) False accusations and responses. The city
secretary shall, in writing, advise the person filing the
complaint that falsely accusing someone of a violation
of this chapter may result in criminal prosecution of
anyone who knowingly makes a false accusation. The
city secretary shall, in writing, advise the person
charged in the complaint that falsely responding to a

4/17

§ 12A-26

complaint may result in criminal prosecution of
anyone who knowingly makes a false response.
(g) Complaints received by the City Auditor's
Office. If the City Auditor determines that a complaint
it receives through the Fraud, Waste and Abuse hotline
states a violation of this chapter, the City Auditor may
refer the complaint to the city secretary for direct
review by a preliminary panel, pursuant to Section
12A-26(g), as amended. If the City Auditor receives
the complaint anonymously, then the City Auditor
shall act as the complainant for purposes of the
preliminary panel review and shall not be subject to:
(1) Section 12A-26(a)(8), as amended,
regarding a complainant affidavit;
(2) Section 12A-26(f),
regarding false accusations; and

as

amended,

(3) Section 12A-40.1,
regarding frivolous complaints.

as

amended,

(h) Preliminary Panel Process.
(1) Within 45 days after receipt of a
complete complaint, either the chair or vice chair,
selected on a rotational basis and subject to
availability, and two commission members, selected by
lot by the city secretary and subject to availability, shall
make a preliminary finding as to whether or not the
complaint states a claim under this chapter and is
supported by just cause. "Just cause" means such cause
as is found to exist upon a reasonable inquiry,
including an assessment of the credibility of the
evidence, that would induce a reasonably intelligent
and prudent person to believe that a person has
committed an act or acts constituting an ethical
violation under this chapter.
(2) If the preliminary finding is that the
complaint does not state a claim under this chapter or
does not have just cause, based upon the statements
and evidence submitted, the complaint must be
dismissed. A determination that a complaint be
dismissed can only be made upon the affirmative vote

Dallas City Code

41

 § 12A-26

Code of Ethics

of at least two of the three preliminary panel members.
Written notice of the dismissal must be sent to both the
person who made the complaint and the person about
whom the complaint was made, identifying the reason
or reasons for dismissal.
(3) The chair is recused from serving on a
preliminary panel for any complaint filed against the
mayor, except that the chair may participate in
discussions and voting on a complaint against the
mayor when it is being considered by the commission
as a whole. If the chair, the vice chair, or both are
unable to serve on a preliminary panel, the appropriate
number of ethics commission members shall be selected
by lot by the city secretary as substitutes on the panel.
The preliminary panel must always have three
members. (Ord. Nos. 24316; 25236; 29660; 29770; 30391,
eff. 7/1/17)

SEC. 12A-27.

HEARING PROCEDURES.

(a) Evidentiary hearing. If a complaint is not
summarily dismissed under Section 12A-26(h), it will
be pursued further at a hearing before the ethics
advisory commission. Not less than 10 days before the
hearing, the city secretary shall, by certified mail or
personal service, give written notice of the hearing to
both the person who made the complaint and the
person about whom the complaint was made. If a
person entitled to notice under this subsection consents
in writing, the city secretary may give written notice by
facsimile, email, or first class U.S. mail. The notice must
state the specific provision or provisions of this chapter
alleged in the complaint to have been violated, as
determined by the preliminary panel.
(b) Notice of charges. Before the commission may
find that a violation of a particular provision of this
chapter occurred, the person charged in the complaint
must have notice that compliance with that provision is
in issue and be given an opportunity to respond. Notice
of the violation of a particular provision is conclusively
established if:

42

§ 12A-28

(1) the complaint alleged that the provision
was violated; or
(2) the ethics advisory commission or its
legal counsel provides the person charged in the
complaint with written notice of the alleged violation
of the provision and with a 10-day period within
which to respond in writing to the charge.
(c) Ex Parte communications. It is a violation of
this chapter for:
(1) the complainant, the person charged in
the complaint, or any person acting on their behalf to
engage or attempt to engage, directly or indirectly, in
any ex parte communication about the subject matter of
a complaint with a member of the ethics advisory
commission; or
(2) a member of the ethics advisory
commission to:
(A) knowingly entertain an ex parte
communication prohibited by Subsection (c)(1); or
(B) knowingly communicate, directly
or indirectly, with any person, other than a member of
the commission, its staff, or its legal counsel, about any
issue of fact or law relating to the complaint. (Ord.
Nos. 24316; 29660; 30391, eff. 7/1/17)

SEC. 12A-28.

HEARING RULES.

(a) Hearings on complaints. The rules contained
in this section apply to all hearings of the ethics
advisory commission on complaints not summarily
dismissed under Section 12A-26(h).
(b) General rules. A determination that a
violation of this chapter has occurred can be made only
upon an affirmative vote of at least three-fifths of the
commission members present and voting, otherwise
the complaint must be dismissed. A finding that a
violation occurred must be supported by clear and
convincing evidence. "Clear and convincing evidence"

Dallas City Code

4/17

 § 12A-28

Code of Ethics

means that measure or degree of proof that produces in
a person’s mind a firm belief or conviction as to the
truth of the allegations sought to be established.
(c) Procedural rules.
A quorum of four
commission members must be present for a hearing.
Any member of the commission who is not present at
a hearing on a complaint may not participate in any
discussion, voting, or disposition regarding the
complaint. All witnesses must be sworn, and the
members of the ethics advisory commission or its legal
counsel shall conduct questioning of witnesses. The
commission is not bound by the rules of evidence and
may establish time limits and other rules relating to the
participation of any person in the hearing, subject to
Subsections (d) and (e) of this section.
(d) Rights of the person charged. The person
charged in the complaint has the right to attend the
hearing, the right to make a statement, the right to
present and cross-examine witnesses, and the right to
be represented by legal counsel or another advisor.
(e) Rights of the complainant. The complainant
has the right to attend the hearing, the right to make a
statement, and the right to be accompanied by legal
counsel or another advisor. The legal counsel or other
advisor to the complainant may advise the complainant
during the course of the hearing, but may not speak on
behalf of the complainant, except to represent the
complainant while testifying. The complainant may not
present or cross-examine witnesses, except with the
permission of the commission. (Ord. Nos. 24316; 29660;
30391, eff. 7/1/17)

SEC. 12A-29.

DISPOSITION OF
COMPLAINT.

(a) Written decision.
The ethics advisory
commission shall make all reasonable efforts to issue a
written decision within 60 days after receipt of a
complete complaint. The commission shall state its
findings in the written decision. The written decision
must either:

4/17

§ 12A-30

(1) dismiss the complaint, with the grounds
for dismissal set forth in the decision; or
(2) find that there has been a violation of
this chapter and identify in the decision the particular
provision or provisions violated.
(b) Notification. Within 10 days after issuing a
written decision, the ethics advisory commission shall
forward copies of the findings and decision to the
complainant, the person charged in the complaint, the
city attorney, the city council, the person or body to
whom the particular complaint must be referred under
Section 12A-30(a), and any member of the ethics
advisory commission who did not participate in the
disposition of the complaint. A copy of the findings
and decision must also be forwarded to the city
secretary, who shall make it available to the public as
authorized by law.
(c) Similar charges barred. If the complaint is
dismissed because the evidence failed to establish a
violation of this chapter, the ethics advisory
commission shall not entertain any other similar
complaint based on substantially the same evidence.
(Ord. Nos. 24316; 25236; 29660)

SEC. 12A-30.

REFERRAL OF MATTER FOR
APPROPRIATE ACTION;
RECOMMENDATION OF
SANCTIONS.

(a) If the ethics advisory commission determines
that a violation of this chapter has occurred, it shall
take the following actions:
(1) If the complaint involved a current
employee under the jurisdiction of the city manager,
city attorney, city auditor, city secretary, civil service
director, park and recreation director, or employees’
retirement fund administrator, the matter will be
referred respectively to the city manager, city attorney,
city auditor, city secretary, civil service director, park
and recreation director, or employees’ retirement fund
administrator.

Dallas City Code

43

 § 12A-30

Code of Ethics

(2) If the complaint involved the civil
service director, the park and recreation director, or the
employees’ retirement fund administrator, the matter
will be referred respectively to the civil service board,
the park board, or the board of trustees of the
employees’ retirement fund.
(3) If the complaint involved the city
manager, city attorney, city auditor, city secretary, or a
municipal judge, the matter will be referred to the city
council.
(4) If the complaint involved a city council
member, a board or commission member, a former city
official, or a former city employee, the matter will be
referred to the city council.
(5) If the complaint involved a person who
is not a current or former city official or a current or
former city employee, the matter will be referred to the
city council.
(b) When referring a matter under Subsection (a),
the ethics advisory commission may recommend any
sanction or penalty authorized under Article VIII of this
chapter. In recommending a sanction or penalty, the
commission shall take into consideration the factors
listed in Section 12A-37.1(a). (Ord. Nos. 24316; 30391,
eff. 7/1/17)

§ 12A-32

SEC. 12A-32.

LEGAL COUNSEL.

(a) City attorney’s office.
(1) The city attorney’s office shall act as the
legal counsel to the ethics advisory commission.
(2) The city attorney’s office shall:
(A) issue advisory opinions to city
officials and employees about the requirements
imposed by this chapter and other ethics laws; and
(B) train and educate all city officials
and employees with respect to their ethical
responsibilities.
(b) Outside legal counsel.
(1) Ethics advisory commission.
An
independent outside attorney, who does not otherwise
represent the city or a city official or an employee in
his or her official capacity, may be appointed by the
city council, at the recommendation of the city
attorney, to serve as legal counsel to the ethics
advisory commission for a particular case whenever:
(A) a complaint is filed relating to:
(i) an alleged violation of this
chapter by a city council member; or

SEC. 12A-31.

PETITION FOR
DECLARATORY RULING.

Any city official or employee against whom public
allegations of ethics violations have been made in the
media or elsewhere has the right to file a sworn
statement with the city secretary affirming his or her
innocence, and to request the ethics advisory
commission to review the allegations and make known
its findings. (Ord. 24316)

44

(ii) an alleged violation of this
chapter by a city employee who is a department
director or of higher rank;
(B) the ethics advisory commission
requests such an appointment; or
(C) the city attorney requests such an
appointment for good cause shown.

Dallas City Code

4/17

 § 12A-32

Code of Ethics

(2) City official or employee charged in a
complaint.
(A) A city official or employee charged
in a complaint may retain an independent outside
attorney, who does not otherwise represent the city or
a city official or an employee in his or her official
capacity, selected by the city attorney to serve as the
person’s legal counsel for a particular case.
(B) If a city official or employee
charged in a complaint retains an independent outside
attorney selected by the city attorney, the city will pay
the reasonable and necessary fees and expenses of that
attorney through the hearing before the preliminary
panel.
(C) If the preliminary panel makes a
finding that the complaint states a claim under this
chapter and is supported by just cause, the city official
or employee charged in the complaint may continue to
be represented by the independent outside attorney
and the city will continue to pay the reasonable and
necessary fees of that attorney, but if the ethics advisory
commission finds that the city official or employee
committed a violation of this chapter, the city official or
employee shall reimburse the city for the fees and
expenses of that attorney incurred after the hearing
before the preliminary panel. (Ord. Nos. 24316; 29660)

§ 12A-34

(b) Reliance. A person who reasonably and in
good faith acts in accordance with a written advisory
opinion issued by the city attorney may not be found
to have violated this chapter by engaging in conduct
approved in the advisory opinion, if:
(1) the person requested the issuance of the
opinion;
(2) the request for an opinion fairly and
accurately disclosed all relevant facts necessary to
render the opinion; and
(3) the person waives the attorney- client
privilege with respect to the written advisory opinion.
(c) Pending city attorney opinions. Whenever
an advisory opinion from the city attorney has been
requested regarding the actions or conduct of an
official or employee, no action may be taken by the
ethics advisory commission regarding those particular
actions or conduct until the city attorney issues the
advisory opinion. Any time limits that the ethics
advisory commission is required to follow in
processing an ethics complaint regarding those
particular actions or conduct will be extended to allow
for the city attorney to issue the advisory opinion.
(Ord. 24316)

SEC. 12A-34.
SEC. 12A-33.

OPINIONS ISSUED BY THE
CITY ATTORNEY.

(a) Requests by city officials and employees. By
written request to the city attorney, any city official or
employee may request an advisory opinion regarding
whether his or her own proposed actions or conduct
would violate this chapter. A department director may
also make a written request to the city attorney for an
advisory opinion regarding proposed actions or
conduct of his or her employees. The city attorney shall
make all reasonable efforts to issue a written advisory
opinion within 30 days after receipt of the request. The
city attorney, for good cause shown, may decline to
issue a written advisory opinion.

4/17

ANNUAL REPORT.

The ethics advisory commission shall prepare and
submit an annual report to the city council detailing
the activities of the commission during the prior year.
The format for the report must be designed to
maximize public and private understanding of the
commission’s operations. The report may recommend
changes to the text or administration of this chapter.
The city secretary shall take reasonable steps to ensure
wide dissemination and availability of the annual
report of the ethics advisory commission. (Ord. 24316)

Dallas City Code

45

 § 12A-35

Code of Ethics

ARTICLE VIII.

matter must be decided by the city council in
accordance with the city charter.

ENFORCEMENT, CULPABLE MENTAL STATE,
AND PENALTIES.

SEC. 12A-35.

GENERAL.

The remedies contained in this article are available
whenever the ethics advisory commission finds a
violation or violations of this chapter. (Ord. 24316)

SEC. 12A-35.1.

VIOLATIONS; PENALTY.

A person who violates any of the laws, ordinances,
and rules listed in Section 12A-25(a)(2), or who fails to
perform an act required of the person by any of the
laws, ordinances, and rules listed in Section
12A-25(a)(2), commits a violation of this chapter. (Ord.
30391, eff. 7/1/17)

SEC. 12A-36.

§ 12A-37.1

CULPABLE MENTAL STATE.

To commit a violation under any provision of this
chapter, a person must have acted or failed to act
knowingly or with knowledge. (Ord. 24316)

(d) If the civil service director, the park and
recreation director, or the employees' retirement fund
administrator fails to comply with this chapter or
violates this chapter they may be disciplined in
accordance with the personnel rules and the matter
must be decided by their respective boards.
(e) If the city manager, city attorney, city
auditor, city secretary, or a municipal judge fails to
comply with this chapter or violates this chapter they
may be disciplined in accordance with the personnel
rules and the matter must be decided by the city
council.
(f) If a former city official or former city
employee fails to comply with this chapter or violates
this chapter, the matter must be decided by the city
council.
(g) If a person who is not a current or former
city official or a current or former city employee fails
to comply with this chapter or violates this chapter, the
matter must be decided by city council. (Ord. Nos.
24316; 30391, eff. 7/1/17)

SEC. 12A-37.1.
SEC. 12A-37.

SANCTIONS.

DISCIPLINARY ACTION.

(a) An employee who fails to comply with this
chapter or who violates this chapter may be disciplined
in accordance with city personnel rules and procedures.
Where no specific appeal procedure is otherwise
prescribed, an appeal by an employee will be to the
trial board.

(a) In determining sanctions based on a
recommendation of the ethics advisory commission,
the person or entity authorized by Subsection
12A-30(a) to impose the sanction shall take into
consideration the recommendation of the ethics
advisory commission and the following factors:
(1) The culpability of the person charged.

(b) If a city council member fails to comply with
this chapter or violates this chapter, the matter must be
decided by the city council in accordance with the city
charter.
(c) If a member of a board or commission fails to
comply with this chapter or violates this chapter, the

46

(2) The harm to public or private interests
resulting from the violation.
(3) The necessity of preserving public trust
in the city.

Dallas City Code

4/17

 § 12A-37.1

Code of Ethics

(4) Whether there is evidence of a pattern of
disregard for ethical standards.
(5) Whether remedial action has been taken
that will mitigate the adverse effects of the violation.
(b) For current city employees, the sanctioning
person shall take appropriate action in accordance with
the personnel rules, and may impose any of the
following additional sanctions:

§ 12A-37.1

(d) For the city manager, city attorney, city
auditor, city secretary, or a municipal judge, the city
council shall take appropriate action in accordance
with the personnel rules, and may impose any of the
following additional sanctions:
(1) Referral to ethics training. The city
council may require the person to attend ethics
training.

(1) Referral to ethics training.
The
sanctioning person may require a city employee to
attend ethics training.

(2) Referral for damages or injunction. The
city council may refer the violation to the city attorney
for an action to recover damages to the city or to enjoin
prohibited actions.

(2) Referral for damages or injunction. The
sanctioning person may refer the violation to the city
attorney for an action to recover damages to the city or
to enjoin prohibited actions.

(3) Referral for criminal prosecution. The
city council may refer the violation to the Dallas Police
Department, if the city council finds that the violation
warrants criminal prosecution.

(3) Referral for criminal prosecution. The
sanctioning person may refer the violation to the Dallas
Police Department, if the sanctioning entity finds that
the violation warrants criminal prosecution.

(e) For a city council member, a board or
commission member, a former city official, or a former
city employee, the city council may impose any of the
following sanctions:

(c) For the civil service director, the park and
recreation director, or the employees' retirement fund
administrator, the sanctioning entity shall take
appropriate action in accordance with the personnel
rules, and may impose any of the following additional
sanctions:

(1) Letter of notification. The city council
may issue a letter of notification if the city council
finds that a violation of this chapter was clearly
unintentional. A letter of notification must advise the
person of any steps to be taken to avoid future
violations.

(1) Referral to ethics training. The
sanctioning entity may require the person to attend
ethics training.

(2) Letter of admonition. The city council
may issue a letter of admonition if the city council
finds that the violation of this chapter was minor, but
where the circumstances call for a more substantial
response than a letter of notification.

(2) Referral for damages or injunction. The
sanctioning entity may refer the violation to the city
attorney for an action to recover damages to the city or
to enjoin prohibited actions.
(3) Referral for criminal prosecution. The
sanctioning entity may refer the violation to the Dallas
Police Department, if the sanctioning entity finds that
the violation warrants criminal prosecution.

4/17

(3) Referral to ethics training. The city
council may require a current city official to attend
ethics training.
(4) Reprimand. The city council may issue
a reprimand if the city council finds that a violation of
this chapter was not minor and was committed
intentionally or through reckless disregard of this
chapter.

Dallas City Code

47

 § 12A-37.1

Code of Ethics

(5) Resolution of censure. The city council
may adopt a resolution of censure if the city council
finds that a serious or repeated violation of this chapter
has been committed intentionally or through reckless
disregard of this chapter and the violation substantially
threatens the public trust.
(6) Voiding of prior actions. The city
council may, to the extent allowed by law, void any
prior city council or city board or commission action
that approved any decision, agreement, award, or
contract if the action was taken as a result of a violation
of this chapter and the interests of the city require
voiding of the prior action.
(7) Suspension from office. The city council
may suspend a current city official other than a city
council member from office for a period determined by
the city council if the city council finds that a serious or
repeated violation of this chapter was committed
intentionally or through culpable disregard of this
chapter. Any proceedings for suspension of a current
city official shall be in compliance with the city charter
and state law.
(8) Removal from office. The city council
may remove a current city official, including a city
council member, from office if the city council finds
that a serious or repeated violation of this chapter was
committed intentionally or through culpable disregard
of this chapter and future violations are likely to occur.
Any proceedings for removal of a current city official
from office shall be in compliance with the city charter
and state law.
(9) Referral for damages or injunction. The
city council may refer the violation to the city attorney
for an action to recover damages to the city or to enjoin
prohibited actions.
(10) Referral for criminal prosecution. The
city council may refer the violation to the Dallas Police
Department, if the city council finds that the violation
warrants criminal prosecution.

48

§ 12A-37.1

(f) For a person who is not a current or former
city official or a current or former city employee (e.g.
lobbyists, people doing business with the city,
citizens), the city council may impose any of the
following sanctions:
(1) Letter of notification. The city council
may issue a letter of notification if the city council
finds that a violation of this chapter was clearly
unintentional. A letter of notification must advise the
person of any steps to be taken to avoid future
violations.
(2) Letter of admonition. The city council
may issue a letter of admonition if the city council
finds that the violation of this chapter was minor, but
where the circumstances call for a more substantial
response than a letter of notification.
(3) Reprimand. The city council may issue
a reprimand if the city council finds that a violation of
this chapter was not minor and was committed
intentionally or through reckless disregard of this
chapter.
(4) Resolution of censure. The city council
may adopt a resolution of censure if the city council
finds that a serious or repeated violation of this
chapter has been committed intentionally or through
reckless disregard of this chapter and the violation
substantially threatens the public trust.
(5) Disqualification from contracting or
lobbying. The city council may, to the extent allowed
by law, prohibit the person from entering into
contracts with the city or from lobbying before the city
on behalf of clients. The scope and duration of the
disqualification shall be determined by the city
council.
(6) Voiding of prior actions. The city
council may, to the extent allowed by law, void any
prior city council or city board or commission action
that approved any decision, agreement, award, or
contract if the action was taken as a result of a

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Code of Ethics

§ 12A-40.1

violation of this chapter and the interests of the city
require voiding of the prior action.

a contract with the city during the period of
disqualification from contracting; or

(7) Referral for damages or injunction. The
city council may refer the violation to the city attorney
for an action to recover damages to the city or to enjoin
prohibited actions.

(2) for a city official or employee to
knowingly assist in a violation of Subsection (b)(1) of
this section.

(8) Referral for criminal prosecution. The
city council may refer the violation to the Dallas Police
Department, if the city council finds that the violation
warrants criminal prosecution. (Ord. 30391, eff. 7/1/17)

SEC. 12A-38.

PROSECUTION FOR PERJURY.

Any person who knowingly files or makes a false
sworn statement under this chapter is subject to
criminal prosecution for perjury under the laws of the
State of Texas. (Ord. Nos. 24316; 29660)

SEC. 12A-38.1.

INTERFERENCE WITH AN
INVESTIGATION.

A person commits an offense if the person
interferes with any investigation of an alleged violation
of this chapter in any manner, including seeking to
persuade or coerce others to withhold their
cooperation. (Ord. 30391, eff. 7/1/17)

SEC. 12A-39.

DISQUALIFICATION FROM
CONTRACTING.

(a) Any person who has been found by the ethics
advisory commission to have intentionally or
knowingly violated any provision of this chapter may
be prohibited by the city council from entering into any
contract with the city for a period of two years.
(b) It is a violation of this chapter:
(1) for a person debarred from entering into
a contract with the city to enter or attempt to enter into

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(c) Nothing in this section prohibits any person
from receiving a city service or benefit, or from using
a city facility, according to the same terms generally
available to the public.
(d) A business entity may be disqualified from
contracting with the city based on the conduct of the
entity’s employee or agent, if the conduct occurred
within the scope of employment or agency with the
entity. (Ord. 24316)

SEC. 12A-40.

CITY ATTORNEY ACTION.

If the city council determines that a person has
violated this chapter, the city council may direct the
city attorney to initiate whatever legal action is
necessary, including but not limited to injunctive
relief. (Ord. 24316)

SEC. 12A-40.1.

FRIVOLOUS COMPLAINT.

(a) Definition. A frivolous complaint is a
complaint that is groundless and brought either in bad
faith or for the purpose of harassment. “Groundless”
means no basis in law or fact.
(b) Order to show cause. If the ethics advisory
commission or a preliminary panel has unanimously
dismissed a complaint, the commission or panel may,
by the affirmative vote of at least two-thirds of those
present, order a complainant to show cause why the
commission should not determine that the complaint
is a frivolous complaint.
(c) Effect of order to show cause. Once the
ethics advisory commission or a preliminary panel has

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Code of Ethics

issued an order to show cause to a complainant, the city
secretary shall not accept or process another complaint
from the complainant until the commission has
determined whether the complaint is frivolous or the
person charged in the complaint has notified the city
secretary’s office in writing that he or she does not want
the commission to determine whether the complaint is
frivolous.
(d) Confidentiality. No city official or employee
shall reveal information relating to the processing of an
order to show cause, except as required for the
performance of official duties or as required by law.
All papers and communications relating to an order to
show cause must be treated as confidential unless
required to be made public under the Public
Information Act (Chapter 552, Texas Government
Code) or other applicable law.
(e) Notification. The city secretary shall promptly
forward a copy of an order to show cause to the
complainant and the person charged in the complaint.
(f) Response. The complainant and the person
charged in the complaint shall each have the
opportunity to submit a sworn response, together with
such other information he or she believes is relevant.
The response must be submitted to the city secretary’s
office within 10 days after the date that the complainant
was given written notice of the order to show cause.
Copies of all information provided to the ethics
advisory commission by the complainant or the person
charged in the complaint must be distributed to all
parties to the complaint within 10 days after the
commission receives the information.
(g) Format of evidence. If a complainant or a
person charged in a complaint submits evidence in an
electronic, mechanical, or other format that the city
secretary’s office cannot duplicate or display, that office
shall request that person to provide the evidence in a
format that the office can duplicate or display. If that
person fails to provide the evidence to the city
secretary’s office in a format that the office can
duplicate or display within seven days after the office
has made a request, then the evidence may not be

50

§ 12A-40.1

presented to or considered by the ethics advisory
commission or a panel of the commission when
considering that complaint.
(h) Notice of termination of proceedings.
Instead of submitting a sworn response, the person
charged in the complaint may notify the city
secretary’s office in writing that he or she does not
want the ethics advisory commission to determine
whether the complaint is frivolous. The notice must be
submitted to the city secretary’s office within 10 days
after the date that the complainant was given written
notice of the order to show cause. A copy of the notice
provided to the city secretary’s office must be
distributed to all parties to the complaint within 10
days after the commission receives the information. If
the person charged in the complaint submits a timely
notice to the city secretary’s office, the commission
shall take no further action to determine whether the
complaint is frivolous.
(i) Evidentiary hearing. Unless notice of
termination is provided under Subsection (h), the
ethics advisory commission shall hold a hearing to
determine whether the complaint is a frivolous
complaint. Not less than 10 days before the hearing,
the city secretary shall, by certified mail or personal
service, give written notice to the complainant and the
person charged in the complaint of the date, time, and
place of the hearing. If a person entitled to notice
under this subsection consents in writing, the city
secretary may give written notice by facsimile, email,
or first class U.S. mail.
(j) Ex Parte communications. It is a violation of
this section for:
(1) the complainant, the person charged in
the complaint, or any person acting on their behalf to
engage or attempt to engage, directly or indirectly, in
any ex parte communication about the subject matter of
an order to show cause with any member of the ethics
advisory commission; or
(2) a member of the ethics advisory
commission to:

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Code of Ethics

(A) knowingly entertain an ex parte
communication prohibited by Subsection (j)(1); or
(B) knowingly communicate, directly or
indirectly, with any person, other than a member of the
commission, its staff, or its legal counsel, about any
issue of fact or law relating to an order to show cause.
(k) Hearing rules. Unless otherwise provided in
this section, the rules for hearings in Section 12A-28
apply to hearings conducted in accordance with this
section.
(l) Rights of the complainant and person charged
in the complaint. The complainant and the person
charged in the complaint have the right to attend the
hearing, the right to make a statement, the right to
present and cross-examine witnesses, and the right to
be represented by legal counsel or another advisor.
(m) In determining whether a complaint is
frivolous, the ethics advisory commission may consider
evidence of:
(1) the timing of the complaint with respect
to when the facts supporting the alleged violation
became known or should have become known to the
complainant;
(2) the nature and type of any publicity
surrounding the filing of the complaint;
(3) the existence and nature of any
relationship between the person charged in the
complaint and the complainant before the complaint
was filed;
(4) whether the complainant knew or
reasonably should have known that the allegations in
the complaint were groundless; and
(5) the complainant's motives in filing the
complaint.

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§ 12A-40.1

(n) Determination. A determination that a
complaint is a frivolous complaint may be made only
upon an affirmative vote of three-fifths of all
commission members present and voting. Otherwise,
the complaint is not deemed frivolous. A finding that
a complaint is frivolous must be supported by clear
and convincing evidence. “Clear and convincing
evidence” means that measure or degree of proof that
produces in a person’s mind a firm belief or conviction
as to the truth of the allegations sought to be
established. The commission’s determination of
whether a complaint is frivolous does not affect the
prior decision of the commission or preliminary panel
on the merits of the complaint.
(o) Sanction for filing a frivolous complaint.
(1) If the ethics advisory commission
determines that a complaint is a frivolous complaint,
it may prohibit the complainant from filing another
complaint alleging one or more violations of this
chapter for up to:
(A) two years after the date of the
commission’s determination that the complaint is
frivolous, if the commission had not determined
within the preceding five years that another complaint
filed by the complainant was frivolous; or
(B) four years after the date of the
commission’s determination that the complaint is
frivolous, if the commission had determined within
the preceding five years that another complaint filed
by the complainant was frivolous.
(2) When determining whether and for how
long to prohibit a complainant who files a frivolous
complaint from filing another complaint under this
chapter, the ethics advisory commission shall consider
the following factors:
(A) The seriousness of the violation,
including the nature, circumstances, consequences,
extent, and gravity of the violation.

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Code of Ethics

(B) The sanction necessary to deter
future violations, including whether the violation was
an isolated incident or part of a pattern and whether
there are any mitigating circumstances.
(C) Any other matters that justice may

§ 12A-42

ARTICLE IX.
ADMINISTRATIVE PROVISIONS.

SEC. 12A-41.

require.
(3) If the ethics advisory commission
prohibits the complainant from filing another
complaint for a specific amount of time under
Subsection (o)(1), the city secretary shall not accept or
process another complaint alleging one or more
violations of this chapter from the complainant during
the time that the complainant is prohibited from filing
a complaint.
(4) The ethics advisory commission may
notify the appropriate regulatory or supervisory agency
of its findings and determination, including referring
its findings and determination to a criminal
investigation agency or prosecution entity for
investigation of a violation of a state or federal law.
(p) Written decision. If the ethics advisory
commission determines that a complaint is frivolous
and imposes a sanction, it shall make all reasonable
efforts to issue a written decision within 15 days after
the hearing. The commission shall state its findings in
the written decision.
(q) Notification. Within 10 days after issuing a
written decision, the ethics advisory commission shall
forward copies of the findings and decision to the
complainant, the person charged in the complaint, the
city attorney, the city secretary, the city council, and
any member of the commission who did not participate
in the disposition of the matter. The city secretary shall
make copies of the findings and decision available to
the public as authorized by law. (Ord. 29660)

52

OTHER ETHICAL
OBLIGATIONS.

(a) This chapter is cumulative of and
supplemental to all applicable provisions of the city
charter, other city ordinances, and state and federal
laws and regulations. Compliance with this chapter
does not excuse or relieve any person from any
obligation imposed by the city charter, other city
ordinances, or state or federal laws or regulations.
(b) Even if a city official or employee is not
prohibited from taking official action by this chapter,
action may be prohibited by duly promulgated
personnel rules.
(c) The imposition of sanctions under Section
12A-37.1 does not preclude criminal prosecution for
the act under city ordinance or state or federal law. A
violation of this chapter shall not be prosecuted in
municipal court if the violation can be prosecuted by
the district attorney under state law or by the United
States attorney under federal law. (Ord. Nos. 24316;
30391, eff. 7/1/17)

SEC. 12A-42.

DISSEMINATION OF CODE
OF ETHICS.

(a) Within 30 days after entering upon the duties
of their position, every new city official or employee
must be furnished with a copy of this chapter. The city
secretary shall provide a copy of this chapter to every
city official. The city manager, city attorney, city
secretary, city auditor, park and recreation director,
civil service director, and employees' retirement fund
administrator shall provide a copy of this chapter to
every city employee under their supervision. Each city
official and employee shall acknowledge, in writing,
the receipt of a copy of this chapter. Copies of this
chapter must be made readily available to the public.

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 § 12A-42

Code of Ethics

§ 12A-45

(b) The failure of any person to receive a copy of
this chapter will have no effect on that person’s duty to
comply with this chapter or on the enforcement of the
provisions of this chapter. (Ord. Nos. 24316; 30391, eff.
7/1/17)

SEC. 12A-44.

SEC. 12A-42.1.

city.

CITY ETHICS OFFICER.

(a) The city manager shall appoint a city ethics
officer. The duties of the city ethics officer shall
include, but not be limited to, the following:
(1) Promoting a culture of ethics within the

ETHICS PLEDGE.

All city officials, prior to their appointment, shall
sign the following ethics pledge and file it with the city
secretary:

(2) Training all city officials and employees
on ethical conduct and the requirements of the code of
ethics.

"I have received a copy of Dallas City Code
Chapter 12A, "Code of Ethics." I have read
and understand the code of ethics. I
understand that the code of ethics is binding
on me, and therefore I agree to comply with
the code of ethics. I understand that the code
of ethics imposes restrictions on present city
officials, former city officials, lobbyists, and
persons doing business with the city. I agree
to participate in periodic ethics training. I
agree to seek advice from the city attorney
when necessary to ensure compliance with
the code of ethics. I agree that I will not
violate the code of ethics, participate in
violations of the code of ethics, or fail to
report violations of the code of ethics. I
understand that violation of the code of
ethics, participation in a violation of the code
of ethics, and failure to report a violation of
the code of ethics may result in severe
consequences."
(Ord. 30391, eff. 7/1/17)

(3) Assisting the city council, ethics
advisory commission, and city manager on matters of
ethics, including proposing amendments to the code of
ethics.

SEC. 12A-43.

RETALIATION PROHIBITED.

A person commits an offense if he discriminates
against, harasses, threatens, harms, damages, penalizes,
or otherwise retaliates against any person for filing a
complaint, or for testifying, assisting, or participating in
any manner in a proceeding or hearing under this
chapter. (Ord. 29660)

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(4) Notifying all city departments of any
significant amendments to the code of ethics.
(5) Assisting the ethics advisory
commission and the city council in the enforcement of
the code of ethics.
(6) Preparing and submitting an annual
report to the city council detailing the activities of the
city ethics officer during the prior year. (Ord. 30391,
eff. 7/1/17)

SEC. 12A-45.

ETHICS TRAINING.

(a) All new city officials and new city employees
shall receive ethics training within 30 days after being
appointed to office or hired by the city. All current
city officials and current city employees shall receive
ethics training at least once every two years.
(b) All city officials who are leaving city service
shall receive ethics information concerning
requirements for former city officials before the city
official ends their city service. All city employees who
are terminating their employment shall receive ethics
information concerning requirements for former city

Dallas City Code

53

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Code of Ethics

§ 12A-45

employees before the city employee ends their
employment with the city.
(c) The city secretary shall provide all lobbying
registrants with ethics information within 30 days after
registration. Each registrant shall provide their
individual lobbyists with a copy of the ethics
information.
(d) At least annually, the ethics advisory
commission shall, with the assistance of the city
attorney's office, distribute a plain-language guide to
the code of ethics to all city officials, employees, and
registered lobbyists.
(e) The Business Development and Procurement
Services Office shall publish on the city's website
information as to how this chapter applies to
consultants or contractors and to city officials and city
employees who work with consultants or contractors.
(f) This ethics training and information required
by this section shall be made available in a format and
medium as determined by the city ethics officer. The
ethics training and information required by this section
shall be subject to approval as to form by the City
Attorney. Ethics training and information must be
structured to ensure that participants have the
necessary knowledge to accomplish the statement of
purpose in this chapter and comply with all applicable
ethics laws.
(g) Failure to receive ethics training, documents,
or notices required by this section does not waive that
person's duty to comply with this code of ethics or
waive enforcement of this chapter. (Ord. 30391, eff.
7/1/17)

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