City of San Antonio

Office of the City Attorney

Ethics Advisory Opinions

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Number	Date	Questions
001	Jan. 15, 1999	Whether the provisions of free office space by Yanaguana Cruises, Inc. to the San Antonio Parks Foundation whose Executive Director is a member of the Downtown Advisory Board and is the Co-Chair of the San Antonio River Oversight Committee presents conflicts or problems under the Ethics Code effective January 1, 1999
001	Jan 15, 1999	Whether the Executive Director of the San Antonio Parks Foundation is required to register as a lobbyist under the Ethics Code
002	Jan 21, 1999	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").
003	Feb. 8, 1999	Under what circumstances is a City Councilmember required to abstain from a matter involving a client of his/her client?
004	Feb. 22, 1999	May a State Representative appoint a San Antonio Municipal Court judge to serve on the Board of Directors of a Tax Increment Finance project that is brought forth by petition?
005	Feb. 23, 1999	Whether a trip to examine the day to day operations of a privatized airport facility may be paid by a potential bidder should the City Council agree to privatize the airport of the City of San Antonio and related question.
006	Feb. 23, 1999	May an individual whose firm does work for the San Antonio Water Systems and the City of San Antonio serve as a member of the Capital Improvements Advisory Board
007	Feb. 24, 1999	Whether an organization may pay a member of a commission that is more than advisory in nature from its various funding sources for services rendered.
008	Feb. 26, 1999	Whether a City employee serving on a Team for the Community Building and Neighborhood Planning Program may review applications for such program where he resides within the planning area of one of the applicants.
009	Mar. 9, 1999	Whether the San Antonio Housing Trust may request its board members who are also board members of the San Antonio Housing Trust Reinvestment Corporation to serve on the Board of Directors of a Tax Increment Finance project or, in the alternative, its employees or agents.
010	August 2, 1999	Whether a City employee and member of a City Commission may serve as Executive Director of the ABC Fund.
011	Mar. 8, 1999	Whether a City employee may serve on the board of directors of his neighborhood association.
012	Mar. 8, 1999	Whether a City employee may serve on the board of directors of a non-profit organization.
013	Mar. 11, 1999	Whether an organization may hire a member of a City of San Antonio Board to be the Executive Director of the organization.
014	Mar. 17, 1999	Whether the City of San Antonio may enter into a contract with a company which employs the stepson of a Department Director and related question.
015	Mar. 30, 1999	Whether a member of the Board of Adjustment may purchase houses from an individual who appears frequently before the Board.
016	Apr. 9, 1999	Whether a brother of a City official who is also a member of the Historic and Design Review Commission may participate in the San Antonio Bike Rack Design Competition.
017	Mar. 18, 1999	Whether, under the City of San Antonio Ethics Code, the Executive Director of the ABC Organization who is also a board member of one of the City’s Advisory Committees may represent XYZ Neighborhood Association in its application for planning services under the Community Building and Neighborhood Planning Program and related questions.
018	Mar. 23, 1999	Under what circumstances is a City employee who serves on the Board of the Humane Society of Bexar County required to abstain from matters involving the Humane Society?
019	Mar. 22, 1999	Whether an individual whose company appears before the Board of Adjustment of the City of San Antonio may serve as a member of that Board.
020	Apr. 19, 1999	Whether a City employee in the Planning Department may act as lead staff or as a small group facilitator for a neighborhood planning effort where he resides within the planning area and whether the employee may participate in the neighborhood’s planning efforts.
021	Apr. 19, 1999	Whether the Director of Finance may serve on the Board of a local non-profit organization that receive monies from Alamo Workforce Development, Inc.
022	May 24, 1999	Whether a City employee may accept honorariums or reimbursements of expenses incurred during volunteer activities. (See Texas Penal Code § 36.07 limiting application of this opinion)
023	May 19, 1999	Whether a City Councilmember may solicit potential sponsors for his book and related question.
024	June 4, 1999	Whether an employee who terminates his position with the City may accept employment with a company with which the City contracts to provide housekeeping and conversion services.
025	June 14, 1999	Whether a City employee may advertise as a Realtor in the City Beat.
026	June 16, 1999	Whether an individual who sits on the Greater Kelly Development Corporation may lobby members of the City Council.
027	June 21, 1999	Whether a City employee may submit a proposal to perform work for a company under contract with VIA Metropolitan Transit.
028	August 23, 1999	Whether a City employee may receive financing under the City’s rental housing rehabilitation program and whether a former City employee may contract with the City to provide services.
029	July 27, 1999	Whether the City of San Antonio may employ the spouse or other relatives of a City Councilmember.
030	September 30, 1999	Whether City employees at the Carver Community Center may be employed by the Carver Development Board.
031	August 23, 1999	Whether a member of the zoning commission may accept employment with a political consultant for the Spurs.
032	August 27, 1999	Whether, upon termination with the City, an individual may provide engineering services to a company that plans to submit interest statements for capital improvement projects with the City of San Antonio.
033	September 14, 1999	Whether a City Councilmember’s Administrative Aide may serve as a member of the Greater Kelly Development Corporation.
034	October 4, 1999	Whether a City Councilmember may serve as a member of the Greater Kelly Development Corporation. (See Texas Attorney General Opinion JC-225 issued May 22, 2000 reaching contrary conclusion)
035	October 6, 1999	Whether a member of the zoning commission who resides in the general vicinity of a proposed zoning change may participate in the discussion of and voting on said change.
036	October 25, 1999	Whether, upon termination with the City, an individual may provide consulting services to a company that provides parking equipment products, parts and services to the City of San Antonio.
No. 37	January 19, 2000	Whether members of the Zoning Commission and/or the Planning Commission may participate in mediating or contributing to the development of a property which has an application pending before the Commission.
No. 38	January 4, 2000	Whether an individual who serves as a member of the Zoning Commission and the City’s Tax Phase-In Committee may be hired as an administrative aide to a City Councilmember.
No. 39	January 31, 2000	Whether a uniformed City employee may serve as City Manager for the City of Pleasanton.
No. 40	February 8, 2000	Whether the Chairperson of the Planning Commission must recuse himself from participating in a matter involving real property set to come before the Commission.
No. 41	March 24, 2000	Whether, upon termination with the City, an individual may be employed by a company providing consulting services to the City of San Antonio.
No. 42	April 17, 2000	Whether a member of the Historic and Design Review Commission may provide estimates to applicants coming before the Commission once they have completed the application process.
No. 43	April 26, 2000	Whether the employer of a member of the San Antonio Local Development Company who is also a former member of the Citizen Advisory Action Board may submit a bid for the private process service contract with the San Antonio Police Department.
No. 44	May 2, 2000	Whether a member of the Planning Commission who is also a member of the Board of Appeals may serve on the Board of Trustees of the San Antonio Water System; and If appointed, whether a conflict of interest exists where the engineering firm that is owned by the member’s brother and that employs his sister in law, a former SAWS employee, contracts with the SAWS.
No. 45	July 3, 2000	Whether a City employee may contract with the City of San Antonio to provide maintenance for the trees at Espada Park.
No. 46	August 28, 2000	Whether the San Antonio Area Foundation may establish a scholarship in the name of a City Councilmember.
No. 47	September 18, 2000	Whether a former City Councilmember who is also a current City official may visit with City staff given his employment and positions.
No. 48	October 11, 2000	Whether a City employee who owns and operates a company may contract with an entity that has received funding through another City Department.
No. 49	December 5, 2000	Whether former City employees may communicate with current City employees; and Whether current City officials or employees are required to report possible violations of the Ethics Code, and, if not, the proper course of action in such situations.
No. 50	March 20, 2001	Whether members of a Tax Increment Finance Board are required to file Financial Disclosure Forms pursuant to Part G of the Ethics Code of the City of San Antonio.
No. 51	February 5, 2001	Whether the company in which a member of the Planning Commission owns more than 10% may contract with various entities.
No. 52	March 26, 2001	Whether an Assistant Director of a City Department may serve on the Carver Development Board.
No. 54	May 7, 2001	Whether members of City boards and commissions who meet with City staff regarding project related issues are lobbying as that term is defined in the Ethics Code.
No. 55	May 18, 2001	Whether a City employee may serve on the Alameda Museum Board.
No. 56	December 14, 2001	Whether an employee of the Fire Department may contract with the City of San Antonio to sell uniform items.
No. 57	January 9, 2002	Whether a City employee may teach classes at local colleges and universities and related question.
No. 58	September 9, 2002	Whether the Neighborhood Action Department may provide funding to a former City official through its Environmental Protection Agency Brownfields grant funds.
No. 59	April 29, 2002	Whether a member of a City Commission may promote an event sponsored by a client before the Commission and/or City staff providing support to the Commission.
No. 60	May 2, 2002	Whether a City employee may run for Fiesta Mud Queen.
No. 61	May 9, 2002	Whether the employer of a commissioner on the San Antonio Housing Authority may contract with the SAHA under the Ethics Code of the City of San Antonio.
No. 62	May 13, 2002	Whether a business owned by a member of the GKDA may contract with the City of San Antonio.
No. 63	May 28, 2002	Whether an employee of the City who also serves as the Executive Director of Keep San Antonio Beautiful may attend meetings as the director on City time and other related question.
No. 64		Withdrawn.
No 65	May 30, 2002	Whether, upon termination with the City, an individual may provide consulting services to the City of San Antonio.
No. 66	September 9, 2002	May a director of the Small Business Economic Development Advocacy Advisory Committee (SBEDA) obtain a loan from San Antonio Local Development Company (SALDC)?
No. 67	September 9, 2002	Does the City Ethics Code permit a member of the City’s Affirmative Action Advisory Committee to volunteer in a political campaign for a state office?
No. 68	September 17, 2002	May a former Director of the San Antonio Local Development Company (SALDC) sell a business to a buyer who seeks financingfor the purchase from SALDC?
No. 69	September 18, 2002	Whether an employee of the Neighborhood Action Department can participate in City’s Lead-Based Paint Program.
No. 70	January 31, 2003	May a uniformed employee accept a cash award from a private business?
No. 71	March 13, 2003	Can city employees serve on the Downtown Advisory Board? And if so, may they attend Downtown Advisory Board meetings during city business hours?
No. 72	March 17, 2003	May a trustee for the San Antonio Water System (SAWS) 1) make a campaign contribution to a City Council candidate; and 2) actively campaign for a City Council candidate?
No. 73	March 30, 2003	May a Zoning Commissioner host a fundraiser for an incumbent Council Member? May a Zoning Commissioner represent or lobby for an architectural firm before a school board?
No. 74	June 15, 2003	May a member of the San Antonio Local Development Company (SALDC) lease retail space from the City of San Antonio?
No. 75	June 17, 2003	May the City of San Antonio purchase firefighting equipment through a subcontract that a city firefighter manufactures and holds a patent on?
No. 76	August 1, 2003	May a city employee and members of his family who own a restaurant business enter into a contract with the city to provide catering services?
No. 77	August 14, 2003	May a city employee purchase a business using a loan from the Small Business Administration (SBA) that is being administered through the San Antonio Local Development Company (SALDC)?
No. 78	August 20, 2003	1) When must a city official recuse himself from official action that may affect his non-city employer or business interests? 2) What other limitations does the Ethics Code impose regarding a city official’s actions concerning his non-city employer or business interests?
No. 79	September 4, 2003	May a City Council Administrative Assistant serve as a member of the Metropolitan Transit Authority?
No. 80	October 15, 2003	May city staff accept an invitation from a city contractor to attend a private party that includes dinner?
No. 81	January 9, 2004	May a city employee accept an invitation for free admission to a reception sponsored by a non-profit organization?
No. 82	January 16, 2004	May a city employee accept hotel accommodation paid by a non-profit organization in connection with an event co-hosted by the City of San Antonio and the non-profit organization?
No. 83	January 27, 2004	Must a city commission member recuse himself from official action on a matter that would affect the financial interests of a non-profit organization for which the official formerly served as a member of its board?
No. 84	February 25, 2004	May a city employee serve on a hospital board outside of Bexar County?
No. 85	March 15, 2004	May a city employee who chauffeurs for the city accept outside employment with a private business that provides chauffeuring services?
No. 86	March 15, 2004	May a city employee accept payment of travel expenses and admission to attend an event related to the employee's official duties paid for by a private sector business?
No. 87	March 25, 2004	May a city official or employee accept an invitation to a reception for a sporting event?
No. 88	June 1, 2004	May the city sell surplus office equipment to city employees?
No. 89	June 28, 2004	May a city employee seek a contract with the City of San Antonio to sell products and services from his home-based business?
No. 90	July 2, 2004	May a city department contract with a business for which a city employee serves as an agent?
No. 91	September 1, 2004	May a city employee purchase real estate and enter into a development contract with the San Antonio Development Authority (SADA)?
No. 92	October 12, 2004	May a city employee serve on the board of directors of a homeowners' association?
No. 93	December 29, 2004	May a city employee accept a ticket to a sports event from a person who does business with the city?
No. 94	April 4, 2005	May a member of a city board that is more than advisory in nature or his business contract with the City of San Antonio?
No. 95	May 18, 2005	Does a city employee have a conflict of interest or an interest in a prohibited contract if his father is an employee of an entity that is seeking a contract with the City of San Antonio?
No. 96	May 26, 2005	May a city employee contract with the city to provide services as an independent consultant?
No. 97	August 30, 2005	Can a city board member represent a non-profit organization that wishes to seek action by the same board?
No. 98	September 7, 2005	May a city official accept a gift worth more than $100 from a personal friend? If so, is the official required to report the receipt of the gift?
No. 99	September 23, 2005	May a spouse of an individual who has an ownership interest in business that contacts with the city serve on a city board that is more than advisory in nature?
No. 100	October 3, 2005	May a city employee accept complimentary registration to a conference which she is attending in connection with her official duties?
No. 101	October 5, 2005	Must political contributions to City Councilmembers from a political action committee of an entity seeking a discretionary city contract be disclosed on the discretionary contracts disclosure form?
No. 102	October 13, 2005	May a city employee process payment to a city contractor if the employee has a part-time job with the contractor?
No. 103	November 14, 2005	May a city employee accept a discount offered to all city employees?
No. 104	December 22, 2005	May city employees accept gifts in exchange for selecting a vendor to make purchases?
No. 105	March 7, 2006	May a city staff member accept the payment of expenses for an out-of-state trip paid for by a federal governmental entity?
No. 106	March 13, 2006	May a city employee submit a response to a “Request for Proposal” (RFQ) offered by the city?
No. 107	June 7, 2006	Can city employee accept free admission to a class offered by a city vendor that is not related to city duties?
No. 108	June 20, 2006	May a city employee who is also employed as an adjunct professor for the Alamo Community College District (ACCD) process a street closure request from ACCD system?
No. 109	August 31, 2006	Does the Ethics Code prohibit a former city employee from being hired by the city on a contract basis after he leaves city service?
No. 110	September 28, 2006	May a member of the Historic Design and Review Commission (HDRC) work on a project in his regular course of non-city employment if that project will ultimately be presented to the HDRC? May the member present the project for review to the HDRC?
No. 111	November 16, 2006	May business owned by family members of a Zoning Commissioner seek and accept contracts with the city?
No. 112	January 4, 2007	May a city employee accept a hunting trip from a city vendor where the employee has no involvement in the selection of vendors?
No. 113	January 15, 2007	May a city employee accept outside employment with an organization that is funded by the city to provide educational services to the community?
No. 114	March 7, 2007	May a city employee accept the payment of travel costs and an honorarium for predicating in a panel at a conference held by a governmental organization?
No. 115	March 13, 2007	May a potential city vendor provide a sample of its product to a city employee so that the employee can evaluate the product for potential purchase by the city?
No. 116	March 13, 2007	May library employees accept small gifts of jewelry from a patron who wishes to express appreciation for courteous service by staff?
No. 117	March 16, 2007	May a city employee accept contract with the city to provide consultation services?
No. 118	May 3, 2007	May a city employee subcontract with his sibling’s business in connection with a contract the sibling has with the city?
No. 119	June 7, 2007	May a city employee seek a contract with the city to provide furniture refinishing services?
No. 120	June 18, 2007	May a city official accept a position on the board of trustees of a local university?
No. 121	May 3, 2007	May city staff members accept coverage of expenses paid by a city vendor to attend a trade show featuring products of interest and under consideration for purchase by the department?
No. 122	August 31, 2007	May an employee accept contract employment with the city after retiring from city service?
No. 123	October 22, 2007	May a city employee who is a “specified employee” under Section 2-78 of the Ethics Code contract with the city to provide catering services?
2008-01	February 19, 2008	May a city employee engage in outside employment as a consultant for other municipalities providing a type of service similar to his work for the city?
2008-02	February 21, 2008	May a former member of an advisory city board represent private interests before his former board after leaving city service?
2008-03	May 7, 2008	May a city employee accept invitations to social events, including meals, from actual or potential city vendors during a business-related trade show?
2008-04	June 23, 2008	May a former city employee accept employment with a non-profit organization that seeks funding from the city through grant applications?
2008-05	July 17, 2008	May a city employee about to retire arrange to contract with the city to continue providing his services as a consultant after leaving city employment?
2008-06	July 31, 2008	May a city employee accept an invitation to visit a city vendor’s production facility in another state to review innovations made in products typically purchased by the city?
2008-07	August 18, 2008	May a company who has an employee whose spouse is an executive-level city employee contract with the city?
2008-08	August 19, 2008	May a former city official purchase real estate from the City of San Antonio?
2008-09	October 23, 2008	Is a member of a city advisory board a “city official” for purposes of the Ethics Code? May a member of an advisory board appear before that board on behalf of his employer or other outside organization with which he is associated to present an application for a city grant program? May a member of an advisory board speak for this outside organization, participate in the question and answer portion of the advisory board meetings, or speak to other individual advisory board members in settings other than advisory board meetings?
2008-10	December 10, 2008	May a city employee attend holiday events hosted by entities that contract with the city?
2009-01	January 6, 2009	Does the City Charter or Ethics Code prohibit an executive officer of a business that contracts with the city from serving on a more-than-advisory board?
2009-02	February 5, 2009	May a city employee accept the donation of office equipment by a city contractor?
2009-03	March 6, 2009	May an employee accept outside employment with another entity performing work similar to that which he provides to the city?
2009-04	May 11, 2009	May the employee of a city contractor be appointed to serve on a more-than-advisory city board? If appointed, would that employee’s service on the more-than-advisory board preclude the employer from seeking or holding contracts with the city?
2009-05	May 12, 2009	May a former city employee work for a business that subcontracts on a city contract? If so, may the former employee attend public meetings regarding that contract?
2009-06	June 12, 2009	May a city employee volunteer to assist a citizen outside of work hours?
2009-07	August 20, 2009	May a city official or employee serve as a reference for a private citizen?
2009-08	September 24, 2009	May city staff solicit donations from city contractors for charitable or civic purposes?
2009-09	October 8, 2009	May a city official or employee accept transportation for city-related business from a private citizen?
2010-01	February 2, 2010	May the city hire a former employee on an as-needed contract basis?
2010-02	March 12, 2010	May a city board member appear before City Council to provide his personal opinion on a matter not pertaining to the board on which he serves?
2010-03	May 14, 2010	Does the Ethics Code prohibit city officials or employees from giving gifts to other city officials or employees?
2010-04	May 25, 2010	May a firm in which a member of a more-than-advisory board owns less than 10% interest subcontract on a contract with the city?
2010-05	July 13, 2010	May a city employee accept a half-priced admission to a conference related to the city duties of the employee from a city vendor?
2010-06	August 18, 2010	May a city employee accept a door prize that exceeds $50 in value that was awarded at a conference from a city vendor?
2010-07	September 20, 2010	May a city employee accept financial assistance from an organization that seeks action from the city from time to time?
2010-08	December 2, 2010	May a city employee submit an application to the city for a city program on behalf of himself or his family members? May a city employee submit an application for a city program on behalf of another person or private sector organization as a volunteer?
2010-09	December 10, 2010	Is a campaign contribution a “contact” that violates the Ethics Code provision that prohibits those seeking contracts from contacting city officials or employees during the contract evaluation period?
2010-10	December 10, 2010	Is a campaign contribution from an attorney made before he or she was retained to assist in seeking a “high-profile” contract with the city a violation of the contribution “black out” provision of the city’s Municipal Campaign Finance Regulations?
2011-01	January 3, 2011	May a city employee evaluate a proposal submitted by a firm that employs the child of the employee?
2011-02	January 28, 2011	May a City-appointee to the Metropolitan Transit Board of Trustees board sell insurance to members of other city-created boards and commissions?
2011-03	February 15, 2011	May City staff accept complimentary Sea World Tickets from the company as part of their participation in an animal adoption event?
2011-04	March 31, 2011	May the spouse of a member of the City’s Cultural Arts Board apply for and receive arts funding from the City?
2011-05	May 31, 2011	May a former city employee enter into a discretionary contract with the City within one year of the termination of their employment with the City?
2011-06	May 4, 2011	May an employee of the Animal Care Services Department accept complimentary tickets to a movie premiere from a former animal rescuer?
2011-07	September 23, 2011	May a city employee who owns an outside business enter into a contract to provide services to the City through his outside business?
2011-08	June 16, 2011	May a city official accept an invitation to participate in a golf tournament, if the entity inviting the employee is not doing or seeking to do business with the City, and is not registered as a lobbyist?
2011-09	October 3, 2011	May a former city employee provide professional engineering services as a component of a discretionary contract with the city?
2011-10	November 21, 2011	May a city employee attend a holiday party given by a company who has a contract with the city?