§ 2-73. Financial disclosure report.

(a)

Persons required to file disclosure form.

(1)

City officials and designated City employees . No later than thirty (30) days after accepting appointment or assuming the duties of office, and annually thereafter, the City officials defined in section 2-42 (Definitions), Police Department Captains, Assistant Chiefs, and Deputy Chiefs, all appointed Deputy Fire Chiefs and Appointed Assistant Fire Chiefs, and any Assistant Fire Chief who either works in any other division and is involved in having input to any contract, vehicle specification, or who is otherwise involved with the purchasing of any product, service, or land for the Fire Department, any Fire Inspector, Plan Reviewer or Uniformed Administrator of the Fire Prevention Division, any uniformed personnel utilized in evaluating or purchasing equipment, vehicles or any other purchases who also have contact with contractor(s) who provide such equipment or vehicles, and any uniformed personnel utilized in providing input to any contract or composing specifications of equipment and vehicles, who also have contact with contractor(s) who provide such services, equipment or vehicles are required to file with the City Clerk a complete sworn financial disclosure report.

(2)

Exception. Candidates for City Council and City officials required to file financial disclosure statements pursuant to V.T.C.A., Local Government Code ch. 145 shall file financial disclosure statements in compliance with the Local Government Code in place of filing statements required by this Code of Ethics. Such officials shall also complete an addendum to the statement disclosing information required by this Code of Ethics, but not required under the Local Government Code. The addendum shall be developed jointly by the Compliance Auditor and the City Clerk. Deadlines for filing the financial disclosure documents shall be governed by V.T.C.A., Local Government Code ch. 145.

(b)

Open records. Financial disclosure reports are open records subject to the Texas Open Records Act, and shall be maintained in accordance with the Local Government Records Act.

(c)

Annual filing date. Annual financial disclosure reports filed by City officials who are City employees and by City employees who are required to report must be received by the City Clerk by midnight on the 31st day of January. Annual financial disclosure reports filed by City officials who are not City employees and who are required to report must be received by the City Clerk by midnight on the 31st day of March. When the deadline falls on a Saturday or Sunday, or on an official City holiday as established by the City Council, the deadline for receipt by the City Clerk is extended to midnight of the next day which is not a Saturday or Sunday or official City holiday. The City Clerk shall grant an extension of time in which to file a report upon written request submitted in advance of the deadline. The extension shall not exceed ten (10) business days.

Unforeseen circumstances . In the event of an unforeseen circumstance, including, but not limited to, military service or acute illness or leave without pay under the Family Medical Leave Act, the deadline for receipt by the City Clerk is extended until such time as the City official or employee resumes his or her City duties.

(d)

Reporting periods. Each initial or annual financial disclosure report filed by an individual designated in subsection 2-73(a)(1) and 2-73(a)(2) shall disclose information relating to the prior calendar year, as well as any material changes in that information which occurred between the end of the prior calendar year and the date of filing.

(e)

City Clerk. The City Clerk shall:

(1)

Prior to January 15 of each year, notify City officials who are City employees and employees specified in subsection (a)(1) of their obligation to file financial disclosure reports and provide forms to be completed; prior to February 15 of each year, notify City officials who are not City employees of their obligation to file financial disclosure reports and provide the forms to be completed; and shall notify City officials as defined by V.T.C.A., Local Government Code ch. 145 of their obligation to file financial disclosure reports and provide the forms to be completed in accordance with that chapter;

(2)

Provide forms to all new City Council appointees and those filing for elective office, and advise them of reporting requirements and deadlines in accordance with V.T.C.A., Local Government Code ch. 145;

(3)

Provide guidance and assistance on the reporting requirements for persons required to file financial disclosure reports and develop common standards, rules, and procedures for compliance with division 7 (Financial disclosure);

(4)

Review reports for completeness and timeliness;

(5)

Maintain filing, coding, and cross-indexing systems to carry out the purpose of division 7 (Financial disclosure), including:

a.

A publicly available list of all persons required to file; and

b.

Computerized systems designed to minimize the burden of filing and maximize public access to materials filed under division 7 (Financial disclosure);

(6)

Make available for public inspection and copying at reasonable times the reports filed under division 7 (Financial disclosure);

(7)

Upon determining that a City official who is not a City employee who is required to file a financial disclosure report has failed to do so or has filed incomplete or unresponsive information, notify the individual by certified mail that failure to file or correct the filing within ten (10) business days after the original deadline constitutes an automatic resignation. At the same time, the City Clerk shall provide to the City Council a list of the names of those who have not filed and to whom this notification is being sent. If a City official who is not a City employee fails to file a completed report within ten (10) business days from the original deadline, the position shall be considered vacant, and a new appointment shall be made by the City Council; and

(8)

Upon determining that the Mayor, a member of City Council, a candidate for City Council, the City Manager, or a Municipal Court Judge or Magistrate has failed to timely file a financial disclosure report, or has filed incomplete or unresponsive information, notify the individual by certified mail that failure to file or correct the filing within ten (10) business days after the original deadline will result in the matter being forwarded to the Ethics Review Board. If the person in question fails to file a completed report within ten (10) business days of the original deadline, a report of non-compliance shall be forwarded to the Ethics Review Board for appropriate action.

(9)

Upon determining that a person other than as provided in subsections (7) or (8) above, has failed to timely file a financial disclosure report, or has filed incomplete or unresponsive information, notify the individual by certified mail that failure to file or correct the filing within ten (10) business days after the original deadline will result in the matter being forwarded to the City Manager. If the person in question fails to file a completed report within ten (10) business days of the original deadline, a report of non-compliance shall be forwarded to the City Manager for appropriate action.

The failure of the City Clerk to provide any notification required by this section does not bar appropriate remedial action, but may be considered on the issue of culpability.

(f)

Exception. A City official who is a member of a board or commission created pursuant to federal or state law may only be removed for failing to file a financial disclosure form if allowed under federal or state law.

(Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13; Ord. No. 2018-06-21-0491 , § 1(Att. A), 6-21-18)