16-M-02 - Revised Code of EthicsAN ORDINANCE BY THE CITY OF SCHERTZ, TX AMENDING CITY
COUNCIL CODE OF ETHICS; PROVIDING A POLICY FOR MEDIA
RELATIONS; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
[ DING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Schertz has previously adopted a Code of Ethics;
and
WHEREAS, the City Council currently does not address the issue of dealing with the media;
and
WHEREAS, the City Council has determined that it is in the best interest of the City to amend,
update, and clarify the Code of Ethics as they relate to dealing with the media.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. That the City Council Code of Ethics are amended by adding a Section 4
under the Ethical Conduct Rules as follows:
4. City Council Media Communication Guidelines
a. Effective media relations best serves the City by providing accountability to the
public and transparency of government, ensuring accurate information is conveyed to the
public, establishing and maintaining an accurate public perception of the City; informing
residents of City programs and services, and promoting the City's achievements,
activities and significant events.
b. Council Members and the Mayor have been elected to represent our community
and are free to speak to the media on any subject. This policy and its included guidelines
are intended to ensure that accurate consistent information is provided to the media and
that City Council's integrity and professional image is preserved.
C. Guidelines:
1. Council Members and the Mayor have the right to express personal
opinions on any issue, but must make it clear that they are speaking for
themselves, are not speaking in an official capacity for the City, and are not
speaking on behalf of City Council, unless the position has been adopted by the
City Council;
2. All conversations with a member of the media should be treated as on the
record.
3. Where time permits City Council members and the Mayor should
communicate with the City's Public Information Officer prior to interviews with
the media; otherwise all interviews with a member of the media should be
reported to the City's Public Information Officer as soon as reasonably possible
after the interview.
4. There are certain highly sensitive issues that may require greater discretion
when speaking to media. These issues include:
Legal issues, including liability issues and pending litigation;
ii. Personnel issues, including those surrounding existing and former
employees;
iii. Questions that involve police or fire investigations; or
iv. A community -wide situation or emergency.
It is highly encouraged that City Council members and the Mayor contact the City
Manager for any relevant information prior to commenting on such matters.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 2nd day of
February, 2016.
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(Seal of City)
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The City Council Code of Ethics (the "Codes ") applies only to the members of the City
Council: the Mayor, the Mayor Pro -Tem and the other City Council members. Furthermore,
all provisions of the Codes apply equally to the Mayor, Mayor Pro-Tern and City Council
members, who must follow the content of the Codes as well as the spirit.
It is the policy of the City Council that all of its members shall abide by federal and state law. It
is also the policy of the City Council that all of its members shall abide by the provisions set
forth in the City Charter and all City ordinances and policies, including the Codes.
Purpose
By adopting these Codes, Council members commit to:
• transparent and accountable governance;
• honest, fair and respectful dealings with fellow Council members, City staff, and the
wider community; and
• working together to deliver the best outcomes for the long -term interests of the City.
These standards, together with the ongoing requirement for Council members to abide by
Council policies, as they change from time to time, will ensure that public trust and confidence in
the City Council is enhanced.
The Codes are intended to support, explain or otherwise clarify the articles set forth in the
City Charter or to exercise the specific right given to the City Council in the City Charter in
Article III, Section 3.01 and Article IV, Section 4.08, to exercise its governmental powers.
Nothing in the Codes is intended to contradict or supersede the City Charter or state law.
1. Council Member and Board Committee or Commission Member Interactions
a. City boards, committees and commissions are formed in order to provide
independent recommendations to Council and, in the case of some commissions,
to conduct hearings in order to make determinations, which may or may not be
subject to appeal to the Council.
2. Council Members Serving as Council Liaisons
a. A Council liaison is a Council member who is specifically assigned to be the
liaison between the City Council and a board, committee or commission. The
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primary role of the liaison is that of facilitator of communications between the
board, committee or commission and the Council. A Council member who is
appointed to sit as a member of a board, committee or commission is not a liaison
for purposes of this policy.
b. A Council liaison shall facilitate communications between the board, committee
or commission and the Council. The liaison should not be an advocate for the
board, committee or commission, give direction to a board, committee or
commission or influence a decision of a board, committee or commission. The
liaison may, however, assist and provide guidance to a board, committee or
commission with their work plans or agendas.
c. A Council Liaison Acts as the:
i. Spokesperson on behalf of the Council when so directed by the Council.
ii. Contact person, if the board, committee or commission (or an individual
board, committee or commission member) wants such a channel of
communication.
iii. Council representative present to identify procedural and structural issues
relating to the effective functioning of the board, committee or
commission for Council.
I Council Liaison Participation Expectations:
i. Attendance is discretionary with the Council member. Attendance as a
liaison at a board, committee or commission meetings is not required.
ii. Liaisons shall have no vote on the board, committee or commission.
iii, Liaison attendance at board, committee or commission retreats is
discouraged unless attendance is requested by the board, committee or
commission.
iv. Liaisons do not have a right to be in attendance at board, committee or
commission executive sessions and shall abstain from attending such
executive sessions unless invited to attend by the collective board,
committee or commission.
1. Ethical Conduct Rules for all City Council Members
a. During City Council meetings, City Council members shall assist in preserving
order and decorum and shall neither by conversation or otherwise delay or
interrupt the proceedings nor refuse to obey the orders of the presiding officer or
the rules of the City Council.
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b. During City Council meetings, a City Council member desiring to speak shall
address the chair and, upon recognition by the presiding officer, shall confine
discussion to the question under debate, avoid discussion of personalities and
indecorous language, and refrain from personal attacks and verbal abuse.
c. During City Council meetings, a City Council member desiring to question the
administrative staff shall address questions to the City Manager, who shall be
entitled either to answer the question(s) or designate a member of City staff. Such
designation may occur at any time, including prior to a City Council meeting.
City Council members shall not berate nor admonish staff members.
d. During City Council meetings, a City Council member, once recognized, shall not
be interrupted while speaking unless called to order by the presiding officer, to
raise a point of order, procedure or privilege, or unless the speaker chooses to
yield to questions from another member. If a City Council member is called to
order while speaking, that member shall cease speaking immediately until the
question of order is determined. If ruled to be in order, the member shall be
permitted to proceed. If ruled to be not in order, the member shall remain silent or
make additional remarks so as to comply with rules of the City Council.
e. During City Council meetings, City Council members shall confine their
questions to the particular matters before the assembly, and in debate, shall
confine their remarks to the issues before the City Council.
f During City Council meetings, when there is more than one speaker on the same
subject, City Council members will delay their comments until after all speakers
on the subject have been heard.
g. Council members shall clearly state when he /she has been directed by Council to
speak on behalf of the City Council at the meeting of any board, committee or
commission. All other commentary offered before a board, committee or
commission is deemed to be the personal opinion of the Council member.
h. Council members shall not speak on behalf of the Council at any place or time
unless they have been so directed by the body of the City Council. Any
commentary offered at any time, in public or otherwise, is deemed to be the
personal opinion of the City Council member speaking.
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i. Council members shall not speak to any board, committee or commission member
on any matter that may come before the Council in a manner designed to
influence the member.
j. No Council member shall privately lobby any member outside of the meetings in
an attempt to influence his or her individual vote.
k. Any Council member who has testified on his or her own behalf or as a witness
before a board, committee or commission on any administrative action which then
comes to Council is disqualified from participating as a Council member on the
matter only if there is a legal conflict of interest.
2. Confidentialitv of Information Shared in Executive
a. Council members shall keep all matters discussed in executive session
confidential.
b. Any Council member who shares any part or portion of the discussions, discourse,
presentations or information heard or presented during an executive session shall
be deemed to have violated the Codes.
3. Individual Members of Council Providing Direction or Instruction to the City Manager or
Staff
a. Only the City Council, acting as a body, is permitted to provide direction and
instruction to the City Manager, City Secretary, City Attorney or the City Judge
(or Judges) regarding any matter confronting the City, whether policy- related or
otherwise.
b. No member of Council (specifically including the Mayor, the Mayor Pro -Tem and
the individual Council members) shall, at any time, give individual instruction to,
attempt to define policy for, or make any demand of the City Manager, City
Secretary, City Attorney or the City Judge (or Judges) or any member of staff.
c. No member of Council shall attempt to influence the City Manager, City
Secretary, City Attorney, City Judge (or Judges) or any member of staff to
circumvent City rules, policies or ordinances.
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d. Any member of Council may, of course, at any time, make requests of the City
Manager, City Secretary, City Attorney or the City Judge (or Judges) or any
member of staff for information, assistance, or other help as may be necessary, so
long as no orders, threats, promises, intimidations, or ultimatums, explicit or
implicit, are issued.
e. The single exception to this rule is that in times of emergency lawfully declared
by the Mayor, the Mayor may act independently as to matters of urgent need until
a meeting of the Council, in quorum, can be called.
f. Any member of Council giving individual instruction or making a demand of the
City Manager, City Secretary, City Attorney or the City Judge (or Judges) or
any member of staff, with the exception of times of emergency lawfully
declared by the Mayor, during which time the Mayor may act independently
until a meeting of the Council, in quorum, can be called, shall be deemed to
have violated the Codes.
4. City Council Media Communication Guidelines
a. Effective media relations best serves the City by providing accountability to the
public and transparency of government, ensuring accurate information is conveyed
to the public, establishing and maintaining an accurate public perception of the
City; informing residents of City programs and services, and promoting the City's
achievements, activities and significant events.
b. Council Members and the Mayor have been elected to represent our community and
are free to speak to the media on any subject. This policy and its included
guidelines are intended to ensure that accurate consistent information is provided to
the media and that City Council's integrity and professional image is preserved.
C. Guidelines:
1. Council Members and the Mayor have the right to express personal opinions on
any issue, but must make it clear that they are speaking for themselves, are not
speaking in an official capacity for the City, and are not speaking on behalf of
City Council, unless the position has been adopted by the City Council;
2. All conversations with a member of the media should be treated as on the
record.
3. Where time permits City Council members and the Mayor should communicate
with the City's Public Information Officer prior to interviews with the media;
otherwise all interviews with a member of the media should be reported to the
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City's Public Information Officer as soon as reasonably possible after the
interview.
4. There are certain highly sensitive issues that may require greater discretion
when speaking to media. These issues include:
i. Legal issues, including liability issues and pending litigation;
ii. Personnel issues, including those surrounding existing and former
employees;
iii. Questions that involve police or fire investigations; or
iv. A community -wide situation or emergency.
It is highly encouraged that City Council members and the Mayor contact the City
Manager for any relevant information prior to commenting on such matters.
1. Violation of the Code of Ethics
a. Council members are expected to abide by the Codes at all times.
b. Any Council member not adhering to the Codes shall be in violation of said
Codes.
2. Violations of Provisions of the City Charter
a. Council members are expected to abide by the articles set forth in the City
Charter.
b. Any Council member who acts in violation of or in a manner inconsistent with the
provisions of the City Charter shall be deemed to have violated the Codes.
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3. Violations of Law or Policy y Council Members
Depending on the circumstances of alleged violations of law or policy, the Council may
initiate an investigation of the allegations prior to the filing of a request for any of the
actions described in this policy.
Nothing in this policy shall preclude individual Council members from making public
statements regarding such alleged conduct.
In deciding whether or not to open an investigation (whether pursuant to these rules or
pursuant to Article IV, Section 4.10 of the City Charter), City Council should consider:
a. whether a Council investigation may compromise other investigations regarding
the same alleged actions, and, if the actions may result in criminal charges,
whether the right of the accused Council member to a fair jury trial may be
compromised by proceeding with an investigation;
b. if persons involved in the allegations may choose to exercise their constitutional
right against self - incrimination, which may limit the investigation's ability to
present a full picture of alleged events; and
c. how to ensure the protection of rights of those accused of violations of law or
policy, those making such accusations, and those who have information regarding
the accusations.
At any point during any of the processes described in this policy, the Council may refer
the matter, as appropriate, to the Bexar, Comal or Guadalupe County District Attorney,
the Texas Elections Commission, or to another law enforcement agency, for
investigation. Following such a referral, the Council may proceed with any actions it
chooses to take under the provisions of the City Charter.
Reporting Violations
Any suspected violation or alleged violation by a Council member must be reported to the
Mayor. Any suspected violation or alleged violation by the Mayor shall be reported to the Mayor
Pro -Tern and the City Attorney. In the case of a City staff member making the report regarding a
Council member, the report shall be made to the City Manager, who will then report it to the
Mayor. Upon report, the City Manager and City Attorney will assist the Mayor (or the Mayor
Pro -Tem regarding a report concerning the Mayor) in following the procedures addressing
violations or alleged violations.
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The role of leading an inquiry of any Council member for any violation or alleged violation of
this policy lies with the Mayor, Mayor Pro -Tem, and, if approved by Council, an independent
attorney or investigator. If the Mayor is the subject of an inquiry, the Mayor Pro -Tem, or the
next ranking official by seniority and, if approved by Council, an independent attorney or
investigator will lead the inquiry. The City Attorney shall not conduct the investigation of any
Council member.
All Council members who are not the subject of an inquiry have a right to participate in the
inquiry process regarding violations or alleged violations and their subsequent enforcement.
Any member of the Council who is the subject of an inquiry shall have the ability to provide a
written statement responding to the findings of the inquiry.
Enforcement of Violations
The members of City Council have the obligation to govern themselves responsibly in the
enforcement of any violation of this policy. The objective for establishing rules of enforcement
pertaining to this policy is to provide fair, consistent, concise, and efficient guidelines for the use
of enforcement against violations of this policy. As a general matter, enforcement of this policy
may be progressive, but circumstances may indicate that strong actions be taken immediately.
Furthermore, Council is not bound to the enforcement guidelines of this policy, and should make
decisions on a case -by -case basis. City Council, as a collective body, may change the order of
the disciplinary steps listed below, or may choose not to use any step, depending on the
circumstances under review.
City Council members may take any appropriate disciplinary action including, but not limited to:
® Cautioning
o Cautioning is identified as a verbal reprimand due to a violation of the policy. The
cautioning is only a verbal reprimand and shall not be recorded.
o A cautioning shall only be administered in private by the Mayor with only one
(1) member of Council present. If the Mayor is receiving the cautioning, it shall
be administered in private by the Mayor Pro -Tem with only one (1) member of
Council present.
0 Correction
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• Correction is identified as a verbal reprimand due to multiple policy violations.
The correction of any Council member, including the Mayor, will not be
administered in writing and shall be conducted in accordance with the Open
Meetings Act.
• A quorum of Council plus one (1), including the corrected Council member, shall
be present during the correction of another Council member.
• The City Attorney shall be notified of the correction before the correction is
administered and the City Attorney shall be present during the administration of
the correction.
0 Censure
• The act of placing a Council member under censure is an official and public
reprimand of a City Council member by the body of the City Council for multiple
and /or serious infractions against the City Council Code of Ethics. Therefore,
City Council Members who are placed under censure are considered to be `not in
good standing' with the body of the Council.
• The censure of any Council member, including the Mayor, shall be administered
in writing.
• Censure may last up to sixty (60) days or as appropriately defined by City Council
on a case by case basis.
• At the end of the censure period, the censure has expired and shall not be
extended.
• A Council member placed under censure may return to a good standing status
once their censure period has ended.
• The body of the City Council may determine to end the censure period of a
Council member prior to the conclusion of said period at their discretion.
• All censure hearings shall be conducted in accordance with the Open Meetings
Act.
• Because censures are administered in writing, a censure must be publicly voted on
in open session of City Council. The censure of any Council member must be
passed by a 2/3 supermajority vote.
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The following Members of Council have received and agreed to place their
signatures on this adopted document this 2nd Day of February 2016.
hael R. Carpenter, Mayor
'm Fowler, City Council Place 1
Daryl John, Ctlykouncil Pl'ac3
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A ards, Mayor- Pro -Tem,
City Council Place 4
A
Grumpy Azzoz, City Council Place 2
Robin Thompson, City Council Place 5