§ 2-503. Standards of ethical conduct.

(a)

City Charter . Members shall respect and adhere to the City of Cibolo Charter in its entirety. The Charter provides a council-manager system of local government where the city council determines the policies of the city with the advice, information and analysis provided by the public, boards, committees and commissions, and city staff. Except as provided by the Charter, members shall not interfere with the administrative functions of the city or the professional duties of city staff. Members shall also refrain from interfering with the ability of staff to implement council policy decisions. Furthermore, members shall comply with all of the Charter requirements for prohibitions (section 3.07); conflicts of interest (article III, section 3.10; article XIV, section 14.07); nepotism (article XIV, section 14.01); equality of rights (article XIV, section 14.02); wrongful influence (article XIV, section 14.03); wrongful interference (article XIV, section 14.04); political activities (article XIV, section 14.05); accepting gifts (article XIV, section 14:08); and compliance with this Code of Ethics and Conduct (article XIV, section 14.09). Specific examples of violations of the Charter that shall be avoided are as follows:

(1)

Do not get involved with administrative functions. Members shall not attempt to unethically influence or coerce the city manager or department heads concerning either their actions or recommendations to the city council, boards, committees or commissions about personnel, purchasing, awarding contracts, selection of consultants, processing development applications, or the granting of city licenses or permits.

(2)

Do not attend city staff meetings unless requested by staff. Even if the member does not say anything, the member's presence may imply support, show partiality, intimidate staff, and hamper the ability of staff to do their jobs objectively.

(3)

Make no promises on behalf of city council, boards, committees, commissions or staff. Members shall not overtly or implicitly promise action on the part of the city council, a particular board, committee or commission or city staff on any matter specifically delegated by the City Charter to be handled by the city manager. For any matters not specifically delegated to the city manager by the Charter, the member should still refer the matter to the city manager and, if the member feels necessary to do so, may then bring the matter before the city council for consideration and action. When approached by the public to address or correct a situation for which the city manager is responsible for managing under the Charter or any ordinance, rule or regulation of the city, members shall refer the public to the city manager or advise the public that the member will refer the matter to the city manager.

(b)

Additional standards of ethical conduct .

(1)

Confidential information . Members shall respect the confidentiality of information concerning the property, personnel, or affairs of the city. They shall neither disclose confidential information without proper legal authorization, disclose information protected by attorney-client privilege, nor use such information to advance their personal interests, financial or otherwise, nor advance the interests of third parties.

(2)

Public resources . Members shall not use public resources not available to the public in general, such as city staff time, equipment, supplies, or facilities, for private gain or personal purposes.

(3)

Special advantage . Members shall not take any special advantage of services or opportunities for personal gain by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors, or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised; and, even when the acceptance of a gift would technically be permissible under section 14.08, Members shall not accept any gifts, favors, or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.

(4)

Open meetings . Members shall comply with the Texas Open Meeting Act (Tex. Government Code Chapter 551) and shall report any attempt by other members to circumvent the requirements of the Texas Open Meeting Act. Members shall not post communications or information on social media relating to city business when such posting may be viewed and commented on by a quorum of the membership in violation of the Texas Open Meetings Act.

(5)

In accordance with the law, members shall disclose investments, interest in real property, sources of income and gifts, and any other interests in direct business transactions that involve their capacity as an official of the city and where official actions by the city council, committee, commission or board members are required. Members shall abstain from participating in deliberations and decision-making where such conflicts may exist.

(6)

Issues that may require the involvement of outside agencies. "Outside agencies" mean state administrative agencies, boards, committees' commissions or other type of enforcement bodies and county, state or federal law enforcement agencies. If a member or city employee has reason to believe that an issue has arisen that requires the consultation with, referral to or involvement of an outside agency to assist the city with resolving the issue and that involves possible criminal activity by another member, or officer or employee of the city, the individual shall first consult with the city manager and, if the individual or city manager still finds it is necessary to do so, may bring the matter before the full city council to ascertain whether action against the member, officer or employee is appropriate.

(7)

Oath of appointment . An appointee to a board, commission or committee shall abide by the terms of their oath of appointment.

(Ord. No. 1149 , § I(Exh. A), 2-9-2016; Ord. No. 1222 , § II, 11-14-2017)