The City of San Antonio

 Ethics Code

September 9, 2007


Division 1:  Declaration of Policy

    Section 2-41   Statement of Purpose

    Section 2-42   Definitions

Division 2:  Present City Officials and Employees

    Section 2-43   Conflicts of interest

    Section 2-44   Unfair Advancement of Private Interests

    Section 2-45   Gifts

    Section 2-46   Confidential InformatiON

    Section 2-47   Representation of Private Interests

    Section 2-48   Conflicting Outside Employment

    Section 2-49   Public Property and Resources

    Section 2-50   Political Activity

    Section 2-51   Actions of Others

    Section 2-52   Prohibited Interests in Contracts

    Section 2-53   City Council Contract Personnel

    Section 2-54   Persons Required to Report; Time to Report

Division 3:  Former City Officials and Employees

    Section 2-55   Continuing Confidentiality

    Section 2-56   Subsequent Representation

    Section 2-57   Prior Participation in Negotiating or Awarding of Contracts

    Section 2-58   Discretionary Contracts

Division 4:  Persons Doing Business With the City

    Section 2-59   Persons Seeking Discretionary Contracts

    Section 2-60   Disclosure of Association with City Official or Employee

    Section 2-61   prohibited contacts during contract solicitation period

Division 5:  Lobbyists

    Section 2-62   Definitions

    Section 2-63   Persons Required to Register as Lobbyists

    Section 2-64   Exceptions

    Section 2-65   Registration

    Section 2-66   quarterly Activity reports

    Section 2-67   Restricted Activities

    Section 2-68   Identification of Clients

    Section 2-69   Timeliness of filing registrations and reports

    Section 2-70   Administration

    Section 2-71   Constitutional Rights

Division 6:  Members of the Public and Others

    Section 2-72   Forms of Responsibility

Division 7:  Financial Disclosure

    Section 2-73   Financial Disclosure Report

    Section 2-74   Contents of Financial Disclosure Reports

    Section 2-75   Short Form Annual Report

    Section 2-76   Travel Reporting Requirements

    Section 2-77   Items Received on Behalf of the City

    Section 2-78   Other Persons Required to Report Gifts

    Section 2-79   Violation of Reporting Requirements

Division 8:  Ethics Review Board

    Section 2-80   Definitions

    Section 2-81   Structure of the Ethics Review Board

    Section 2-82   Jurisdiction and Powers

    Section 2-83   Complaints

    Section 2-84   Ethics Compliance Officer

    Section 2-85   Ethics Panels

    Section 2-86   Hearings

    Section 2-87   Disposition

    Section 2-88   Petition for Declaratory Ruling

    Section 2-89   Advisory Opinions

    Section 2-90   Annual Report

    Section 2-91   Public Records and Open Meetings

Division 9:  Administrative Provisions

    Section 2-92   Other Obligations

    Section 2-93   Distribution and Training

    Section 2-94   Severability


Division 1: Declaration of Policy

Section 2-41  Statement of Purpose

It is essential in a democratic system that the public have confidence in the integrity, independence, and impartiality of those who act on their behalf in government. Such confidence depends not only on the conduct of those who exercise official power, but on the availability of aid or redress to all persons on equal terms and on the accessibility and dissemination of information relating to the conduct of public affairs. For the purpose of promoting confidence in the government of the City of San Antonio and thereby enhancing the city’s ability to function effectively, this code of ethics is adopted. The code establishes standards of conduct, disclosure requirements, and enforcement mechanisms relating to city officials and employees and others whose actions inevitably affect public faith in city government, such as former city officials and employees, candidates for public office, persons doing business with the city, and lobbyists. By prohibiting conduct incompatible with the city’s best interests and minimizing the risk of any appearance of impropriety, this code of ethics furthers the legitimate interests of democracy. 

Public service is a public trust. All city officials and employees are stewards of the public trust. They have a responsibility to the citizens of San Antonio to enforce the City Charter and the associated ordinances and codes. To ensure and enhance public confidence in City Government, each city official must not only adhere to the principles of ethical conduct set forth in this code and technical compliance therewith, but they must scrupulously avoid the appearance of impropriety at all times.

Section 2-42  Definitions

As used in this code of ethics, the following words and phrases have the meaning ascribed to them in this Section, unless the context requires otherwise or more specific definitions set forth elsewhere in this code apply 

(a)     Acceptance. A written or verbal indication that someone agrees; “Acceptance” of an offer of subsequent employment or business opportunities includes legally binding contracts and all informal understandings that the parties expect to be carried out. An agreement, either by express act or by implication from conduct, to the terms of an offer so that a binding contract is formed. 

(b)     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.

(c)      Affinity. Relationship by “affinity” (by marriage) is defined in Sections 573.024 and 573.025 of the Texas Government Code.

(d)     Before the City. Representation or appearance “before the city” means before the City Council; before a board, commission, or other city entity; or before a city official or employee.  Representation “before the city” does not include representation before a board where members of said board are not wholly appointed by the City Council.  

(e)     Benefit. “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. 

(f)        Business Entity. "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. 

(g)     Candidate.  “Candidate” means a person who knowingly and willingly takes affirmative action for the purpose of gaining nomination or election to public office or for the purpose of satisfying financial obligations incurred by the person in connection with the campaign for nomination or election.  Examples of affirmative action include: 

(1)          the filing of a campaign treasurer appointment, except that the filing does not constitute candidacy or an announcement of candidacy for purposes of automatic resignation provisions of Article XVI, Section 65, or Article XI, Section 11, of the Texas Constitution;

(2)          the filing of an application for a place on a ballot;

(3)          the making of a public announcement of a definite intent to run for public office in a particular election, regardless of whether the specific office is mentioned in the announcement;

(4)          before a public announcement of intent, the making of a statement of definite intent to run for public office and the soliciting of support by letter or other mode of communication; and

(5)          the soliciting or accepting of a campaign contribution or the making of a campaign expenditure.

(h)      City. “City” means the City of San Antonio.

(i)        Code of Ethics. “Code of ethics,”  “ethics code,” or “this code” means Divisions 1 through 10 of this Chapter, its amendment(s) and/or enhanced definitions.  

(j)        “Complainant” means an individual who has filed a sworn complaint with the City Clerk as provided in Division 8, Section 2-83 (Complaints). 

(k)      Confidential Government Information. “Confidential government information” includes all information held by the city that is not available to the public under the Texas Public Information Act and any information from a meeting closed to the public pursuant to the Texas Open Meetings Act, unless disclosure is permitted under the Open Meetings Act. 

(l)        Consanguinity. Relationship by “consanguinity” (by blood) is defined in Sections 573.022 and 573.023 of the Texas Government Code. 

(m)   Discretionary Contract. “Discretionary contract” means any contract other than those which by law must be awarded on a low or high qualified bid basis.  Discretionary contracts do not include those contracts subject to Section 252.022(a)(7) of the Texas Local Government Code or those contracts not involving an exercise of judgment or choice.   

(n)      Economic Interest. “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. 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. 

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. Ownership of stock in a publicly traded corporation does not constitute ownership for purposes of this code if the employee or official owns less than 10% of the voting stock or shares of the entity and the value of the stock is less than $15,000. 

(o)     Employee. Except as provided in Section 2-52 of Division 2 (Prohibited Interests in Contracts), Section 2-58(c) of Division 3 (Discretionary Contracts), and Division 7 (Financial Disclosure), the term “employee” or “city employee” is any person listed on the City of San Antonio payroll as an employee, whether part-time or full-time. 

(p)     Former City Official or Employee.  A “former city official” or “former city employee” is a person whose city duties terminate on or after the effective date of this code. 

(q)     Gift. “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. 

(r)       Indirect Ownership. A person “indirectly owns” an equity interest in a business entity where the interest is held through a series of business entities, some of which own interests in others. 

(s)      Intentionally. A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. 

(t)        Knowingly. 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 he or she is aware of the nature of his or her conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his or her conduct when he or she is aware that his or her conduct is reasonably certain to cause the result.

(u)      Official. Except in Division 5 (Lobbyists), the term “official” or “city official” includes the following persons: 

The Mayor;

Members of the City Council;

Municipal Court Judges and Magistrates;

The City Manager;

Deputy City Manager;

Assistant City Managers;

Assistants to the City Manager;

City Clerk;

Assistant City Clerk;

All department heads and assistant department heads;

Internal Auditor and all assistant internal auditors;

Market Square Superintendent;

Assistant to City Council;

Assistant to Mayor;

Secretary to City Manager;

Executive Secretaries;

Community Action Manager;

Public Utilities Supervisor; and

Members of all boards, commissions (except the Youth Commission whose members are minors), committees, and other bodies created by the City Council pursuant to federal or state law or City ordinance, including entities that may be advisory only in nature, who are appointed by City Council or who are designated in the by-laws or organization papers of the entity to serve on behalf of the city; and board members of any entity who are appointed by the City Council to such board membership.

The term “official” has a different meaning in Division 5 (Lobbyists), which is defined in Section 2-62(a) of that Division. The term “officer” is defined in Section 2-52(e)(2) of Division 2 (Prohibited Interests in Contracts) and Section 2-58(c)(2) of Division 3 (Discretionary Contracts) and is not synonymous with any use of the term “official” in this code.

(v)      Official Action. “Official action” includes:

(1)         any affirmative act (including the making of a recommendation) within the scope of, or in violation of, an official or employee’s duties, and

(2)        any failure to act, if the official or employee is under a duty to act and knows that inaction is likely to affect substantially an economic interest of the official or employee or any person or entity listed in Subsections 2-43(a)(2) through (9) of Division 2 (Conflicts of Interest).

(w)    Official Information. “Official information” includes information gathered pursuant to the power or authority of city government.

(x)      Ownership. 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. Ownership of stock in a publicly traded corporation does not constitute ownership for purposes of this code if the employee or official owns less than 10% of the voting stock or shares of the entity and the value of the stock is less than $15,000.  

(y)      Partner. Someone who engages in an activity or undertaking with another; “Partner” includes partners in general partnerships, limited partnerships, and joint ventures. One who shares or takes part with another especially in a venture with shared benefits and shared risks.  

(z)      Personally and Substantially Participated. “Personally and Substantially Participated” means to have taken action as an official or employee through decision, approval, disapproval, recommendation, giving advice, investigation or similar action.  The fact that the person had responsibility for a matter does not by itself establish that the person personally and substantially participated” in the matter.  

(aa) Recklessly. A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.  

(bb) Representation. “Representation” is a presentation of fact – either by words or by conduct – made to induce someone to act. Representation does not include appearance as a witness in litigation or other official proceedings.

(cc)  Respondent means an individual identified in a sworn complaint to have allegedly violated the Ethics Code or the Code of Municipal Campaign Finance Regulations of the City of San Antonio.  

(dd) Solicitation. “Solicitation” of subsequent employment or business opportunities includes all forms of proposals and negotiations relating thereto.

 

Division 2: Present City Officials and Employees

Section 2-43  conflicts of interest  

(a)     General Rule. To avoid the appearance and risk of impropriety, a city official or employee shall not take any official action that he or she knows is likely to affect the economic interests of:

(1)          the official or employee;

(2)          his or her parent, child, spouse, or other family member within the second degree of consanguinity or affinity;

(3)          his or her outside client;

(4)          a member of his or her household;

(5)          the outside employer of the official or employee or of his or her parent, child (unless the child is a minor), spouse, or member of the household (unless member of household is a minor);

(6)          a business entity in which the official or employee knows that any of the persons listed in Subsections (a)(1) or (a)(2) holds an economic interest as that term is defined in Section 2-42;

(7)          a business entity which the official or employee knows is an affiliated business or partner of a business entity in which any of the persons listed in Subsections (a)(1) or (a)(2) holds an economic interest as defined in Section 2-42;

(8)          a business entity or nonprofit entity for which the city official or employee serves as an officer or director or in any other policy making position; or

(9)          a person or business entity with whom, within the past twelve months:

(A)    the official or employee, or his or her spouse, directly or indirectly has

(i)               solicited an offer of employment for which the application is still pending,

(ii)              received an offer of employment which has not been rejected, or

(iii)             accepted an offer of employment; or

(B)    the official or employee, or his or her spouse, directly or indirectly engaged in negotiations pertaining to business opportunities, where such negotiations are pending or not terminated.

(b)     Recusal and Disclosure. A city official or employee whose conduct would otherwise violate Subsection (a) must recuse himself or herself. From the time that the conflict is, or should have been recognized, he or she shall:

(1)          immediately refrain from further participation in the matter, including discussions with any persons likely to consider the matter; and

(2)          promptly file with the City Clerk the appropriate form for disclosing the nature and extent of the prohibited conduct.

  In addition:

(3)          a supervised employee shall promptly bring the conflict to the attention of his or her supervisor, who will then, if necessary, reassign responsibility for handling the matter to another person; and

(4)          a member of a board shall promptly disclose the conflict to other members of the board and shall not be present during the board’s discussion of, or voting on, the matter.

(c)      Definitions. For purposes of this rule:

(1)          An action is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof; and

(2)          The term client includes business relationships of a highly personalized nature, but not ordinary business-customer relationships.    

Section 2-44 Unfair Advancement of Private Interests  

(a)     General Rule. A city official or employee may not use his or her official position to unfairly advance or impede private interests, or to grant or secure, or attempt 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 other persons.  A city official who represents to a person that he or she may provide an advantage to that person based on the official’s position on a board or commission violates this rule.  

(b)     Special Rules. The following special rules apply in addition to the general rule:  

(1)          Acquisition of Interest in Impending Matters. A city official or employee shall not acquire an interest in, or affected by, any contract, transaction, zoning decision, or other matter, if the official or employee knows, or has reason to know, that the interest will be directly or indirectly affected by impending official action by the city.  

(2)          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, directly or indirectly.  

(3)          Appointment of Relatives. A city official or employee shall not appoint or employ or vote to appoint or employ any relative within the third degree of consanguinity or affinity to any office or position of employment within the city.  

(4)          Supervision of Relatives. No official or employee shall be permitted to be in the line of supervision of a relative within the third degree of consanguinity or second degree of affinity. Department heads are responsible for enforcing this policy. If an employee, by reason of marriage, promotion, reorganization, or otherwise, is placed into the line of supervision of a relative, one of the employees will be reassigned or other appropriate arrangements will be made for supervision.  

(c)      Recusal and Disclosure. A city official or employee whose conduct would otherwise violate this Section shall adhere to the recusal and disclosure provisions provided in Section 2-43(b) of Division 2 (Conflicts of Interest).   

Section 2-45  Gifts  

(a)     General Rule.

(1)          A city official or employee shall not solicit, accept, or agree to accept any gift or benefit for himself or herself or his or her business:

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

(B)    that the official or employee knows or should know is being offered with the intent to influence or reward official conduct.  

A city official or employee may accept a public award or reward for meritorious service of professional achievement, provided that the award or reward is reasonable in light of the occasion and it is not prohibited under the Texas Penal Code Section 36.08.  

(2)          A city official or employee shall not solicit, accept, or agree to accept any gift or benefit, from:  

(A)    any individual or entity doing or seeking to do business with the City; or

(B)    any registered lobbyist or public relations firm; or

(C)    any person or entity seeking action or advocating on zoning or platting matters before a city body,  

save and except for  

i)  items received that are of nominal value; or  

ii) meals in an individual expense of $50 or less at any occurrence, and no more than a cumulative value of $500 in a single calendar year from a single source.  

Doing business with the city includes, but is not limited to, individuals and business entities that are parties to a discretionary contract, individuals and business entities that are subcontractors to a discretionary contract, and partners and/or parents and/or subsidiary business entities of any individuals and business entities that are parties to a discretionary contract.  

(b)     Special Applications.  Subsection (a)(2) does not include:

(1)          a gift to a city official or employee relating to a special occasion, such as a wedding, anniversary, graduation, birth, illness, death, or holiday, provided that the value of the gift is fairly commensurate with the occasion and the relationship between the donor and recipient;

(2)          advancement for or reimbursement of reasonable expenses for travel in connection with official duties authorized in accordance with city policies; such payments must be disclosed in a travel report as required in Section 2-76;  payment for or reimbursement of expenses for travel in excess of authorized rates under city policy will be treated as a personal gift to the official or employee for any applicable reporting requirements under Sections 2-73, 2-74 or 2-78;

(3)          a public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion and it is not prohibited under the Texas Penal Code Section 36.08;

(4)          a loan from a lending institution made in its regular course of business on the same terms generally available to the public;

(5)          a scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants;

(6)          any solicitation for civic or charitable causes;

(7)          admission to an event in which the city official or employee is participating in connection with his or her spouse’s position;

(8)          ceremonial and protocol gifts presented to city officials from a foreign  government or international or multinational organization and accepted for the City of San Antonio;

(9)           admission to a widely attended event, such as a convention, conference, symposium, forum, panel discussion, dinner, viewing, reception or similar event, offered by the sponsor of the event, and unsolicited by the City official or employee, if attending or participating in an official capacity, including:

(A)    the official or employee participates in the event as a speaker or panel participant by presenting information related to matters before the City; or

(B)    the official or employee performs a ceremonial function appropriate to that individual’s position with the City; or

(C)    attendance at the event is appropriate to the performance of the official duties or representative function of the official or employee;

(10)     admission to a charity event provided by the sponsor of the event, where the offer