PROPOSED CHARTER AMENDMENT
Ethics Commission
Adoption of a Code of Ethics
City Council shall adopt and enact, by ordinance, within six (6) months of the effective date of this Amendment, a City Code of Ethics which shall apply to all elected and appointed City officials, officers of the City, and City employees. The Code of Ethics will be based on the Texas Constitution & Statutes; Texas Local Government Code.
As a general rule the Code of Ethics shall provide that no City elected or appointed official or City employee, whether paid or unpaid, shall engage in any business or transaction or shall have any financial or other private interest, direct or indirect, which is incompatible with the proper discharge of their official duties in the public or which would impair their independence of judgment or action in the performance of their official duties.
The Council may adopt more stringent standards than those that appear in state law, but the ethics ordinance shall at a minimum include the following components: (A) definition of a prohibited improper economic interest and personal gain; (B) definition of recusal and improper participation when a potential conflict of interest is present; (C) avoidance of appearance of conflict of interest; and (D) administration and enforcement of ethics ordinance, including the power to subpoena witnesses and documents, coupled with strong and meaningful remedies for infraction. The adopted Code of Ethics shall provide for the investigation of conflicts of interest resulting in the use of public office or position for private gain. No elected official, appointed officer, or employee shall: (a) act in an official capacity on matters in which the employee or official has a private financial interest clearly separate from that of the general public; (b) accept gifts and other things of value greater than de minimis in return for or as a reward for a favorable decision or vote; (c) act in a private capacity on matters dealt with as a public official or employee; (d) use confidential information for personal gain; and (e) appear before City departments, offices, and agencies on behalf of private interests.
Standards of Conduct. The Code of Ethics shall also establish standards of conduct for all elected and appointed City officials, officers of the City, and City employees, which shall apply equally to communications and conduct in person, in public meetings, in writing, in print, and online, including on social media, email, text messaging, and any other electronic platform, whenever the individual is acting in an official capacity or speaking as, or holding themselves out as, a City official or representative. At a minimum, these standards shall require that such individuals:
(1) Truthfulness: not knowingly or recklessly make false or misleading statements of fact, or misrepresent facts, records, data, the positions or statements of others, or the actions of the City, and promptly correct any material misstatement once it becomes known;
(2) Respect and Civility: treat residents, fellow officials, City employees, and members of the public with courtesy and respect, and refrain from personal attacks, threats, harassment, intimidation, ridicule, or abusive or demeaning language;
(3) Non-Manipulation: not use deception, coercion, selective or misleading presentation of information, or undue pressure to influence a vote, decision, public opinion, or the actions of City staff, and not withhold information that the public or other officials are entitled to receive;
(4) Transparency in Official Communications: clearly distinguish personal opinions from official City positions, and not use City resources, City accounts, City branding, or official titles for personal, political, or campaign purposes;
(5) Social Media and Electronic Communications: conduct official business only through accounts that are subject to public records laws, preserve such communications as required by the Texas Public Information Act, not block or delete lawful public comments on accounts used for official business based on the viewpoint expressed, and not use anonymous or fictitious accounts to comment on City business; and
(6) Non-Retaliation: not retaliate against any resident, employee, or official for filing a complaint, petitioning the government, speaking at a public meeting, or participating in an Ethics Commission proceeding.
These standards shall be enforced by the Ethics Commission in the same manner as all other provisions of the Code of Ethics, and shall be applied consistent with the rights of free speech guaranteed by the United States and Texas Constitutions.
Composition, Election, and Qualifications of Members
(a) Composition. The Ethics Commission shall consist of seven (7) members, elected at-large by the qualified voters of the City to numbered places 1 through 7. Members shall serve staggered terms of three (3) years.
(b) Election. Members of the Ethics Commission shall be elected at the regular City general election, in the same manner and under the same procedures that apply to the election of members of the City Council, including candidate filing, ballot placement, and canvass under the Texas Election Code. The first election of Commission members shall be held at the first regular City general election following the effective date of this amendment for which the candidate filing period has not yet closed. At that first election, the terms shall be staggered by lot as follows: places 1 and 2 for one year, places 3 and 4 for two years, and places 5, 6, and 7 for three years. Thereafter, each member shall be elected to a full three-year term.
(c) Qualifications. Any resident of the City who meets the eligibility requirements for elected office under this Charter may file as a candidate for the Ethics Commission. No member of the Ethics Commission may, during their term, hold any other elected or appointed City office or be employed by the City. Members shall maintain City residency throughout their term and shall forfeit their office upon ceasing to be a City resident.
(d) Public Notice of Candidate Filing. The City shall inform the public of the opportunity to file as a candidate for the Ethics Commission through a one-month media campaign during the candidate filing period, including: (1) an announcement in the local newspaper of record for four (4) consecutive weeks; (2) an announcement at all City Council and Commission meetings during that month; and (3) placement of the announcement on the City website, with weekly updates on the City's social media pages.
(e) Vacancies. A vacancy on the Ethics Commission shall be filled for the remainder of the unexpired term at the next regular City general election. Until then, the vacancy shall be filled by the unsuccessful candidate who received the most votes for the Ethics Commission at the most recent Commission election and who is willing and qualified to serve. If no such candidate is available, the remaining members of the Ethics Commission shall appoint a qualified City resident to serve until the vacancy is filled by election. The City Council shall have no role in filling vacancies.
Powers and Duties
Insofar as possible under applicable law, the Code of Ethics shall authorize the Ethics Commission to: provide for the education of conduct and compliance with the Ethics Code that minimizes violations or the potential for violations of the Ethics Code; provide for citizen education of the requirements for public servants under the Ethics Code and increase resident understanding of public service as a public trust under the vigilance of City residents; issue advisory opinions on Code of Ethics compliance as requested by the Mayor, City Council, City Controller, appointed officials, officers and employees of the City, or any party with standing under the adopted Code of Ethics; provide for procedures to conduct investigations on its own initiative and on referral or complaint from officials or citizens; subpoena witnesses and documents; refer cases for prosecution; and hire independent counsel.
(f) Complaints. Any person may file a complaint asserting a violation of the Code of Ethics. The Commission shall have jurisdiction to conduct investigations and make recommendations on any complaint filed.
(g) Funding. The City Council shall annually appropriate sufficient funds to the Commission to enable it to perform its duties and to provide annual training and education of citizens, City officials and employees, and candidates for public office regarding the Code of Ethics.
Severability
If any part of this/these CHARTER ITEMS shall be found in violation of state code at any time by a valid court of law outside of the City of Princeton, only that portion of the item found of violation may be modified if possible or stricken, if necessary, as ordered by that court of law. Any remaining portion of that item shall NOT be modified or removed and shall remain valid and intact.
