City of San Antonio, Texas

 

Ethics Advisory Opinion No. 2

 [1]

January 21, 1999

Issued By: City Attorney’s Office

 

Whether the Ethics Code of the City of San Antonio, effective January 1, 1999, applies to board members of the Alamo Workforce Development, Inc. ("AWD").

 

Alamo Workforce Development, Inc. ("AWD") has asked whether the Ethics Code of the City of San Antonio applies to board members of the AWD. The following facts are presented:

 

AWD is the local workforce development board that oversees the workforce centers, child care delivery and various job training and support service programs in Bexar, Atascosa, Bandera, Comal, Frio, Gillespie, Guadalupe, Karnes, Kendall, Kerr, Medina and Wilson Counties, pursuant to State law. AWD is comprised of three (3) principals, the City of San Antonio, Bexar County, and the Area Judges representing the surrounding 11 rural counties. Each principal is represented by its Chief Elected Official whose duty is, among other things, to make appointments to the local workforce development board, appointments which must be approved by all three principals.

 

The issue is whether the members of the AWD board are "officials" within the meaning of the Code. Part A. Section 2. of the Code of Ethics states that an "official" includes, among others, "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; and board members of any entity who were appointed by the City Council to such board membership." The intent of the Ethics Code, adopted November 19, 1998, is to require compliance with the provisions therein by those individuals serving as officials of the City of San Antonio. Individuals who are not appointed solely by the City Council are not "officials" within this definition. Thus, members of the AWD board are neither appointed by the City nor serve on a board created by the City Council, pursuant to any law or ordinance.

 

SUMMARY

 

Members of the AWD board appointed by the Chief Elected Officials are neither appointed by the San Antonio City Council nor serve on a board created by such Council pursuant to any law or ordinance and are, therefore, not subject to the requirements of the Ethics Code.

 

 

FRANK J. GARZA

City Attorney



[1]   Currently codified in Ethics Code Section 2-42