The Issue - CREATE AN ETHICS COMMISSION

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This amendment seeks to expand section 14.02 and add a provision to the charter requiring establishment of an Independent Ethics Commission. The Ethics Commission shall exercise its authority over city officials elected and appointed (including committees and boards), city staff, city vendors and vendor subcontractors. No member of the Ethics Commission during their term of service may hold, under the city government, appointed office or elected office for up to one year prior to serving on the commission or hold any political party office or political action committee position for one year prior to serving on the commission. The Ethics Commission shall be charged with education sufficient to provide information on compliance with and awareness of the commission’s functions. It shall also be charged with investigation and enforcement of the City’s Code of Ethics.

 

Terms and Qualifications of Commission Members:

(a) Candidates for appointment to the ethics commission shall apply to be placed on a public register of nominees to serve on this commission through nomination from themselves or others. The City shall inform and communicate to the public the nomination opportunity by a 1 Month Media Campaign: (1) Announcement in the local News Paper of record for 4 consecutive weeks. (2) Announcement in all City Council and Commission Meetings during said month. (3) Placement of announcement on the City website and weekly updates of the nomination period on the City social media page 

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(b) The Ethics Commission shall consist of eleven (11) total members; nine (9) city residents and two (2) residents from the Extraterritorial Jurisdiction (if approved by amendment https://chng.it/mWw6b8LVN7 )holding terms of 3 years. Initial term lengths will be staggered to ensure an ongoing process of new commission members. The members shall be appointed; two (2) by the Mayor, (4) by the city council , one (1) by the City Manager and (4) City of Princeton residents by election.

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Appointments shall be made without concern for or discrimination of, a person's race, color, creed, gender, familial status, age, disability, or sexual orientation. Members of the Ethics Commission shall maintain City residency throughout the term of service and shall forfeit their office upon cessation of City residency.

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Adoption of a Code of Ethics within 6mos of the effective date of this Amendment: City Council shall adopt and enact, by ordinance, a City Code of Ethics which shall apply to all elected and appointed City officials, officers of the City, and City employees. The Code of Ethics will be based on the Texas Constitution & Statutes; Texas Local Government Code.

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As a general rule the Code of Ethics shall provide that no City elected or appointed official or City employee, whether paid or unpaid, shall engage in any business or transaction or shall have any financial or other private interest, direct or indirect, which is incompatible with the proper discharge of their official duties in the publiceor which would impair their independence of judgment or action in the performance of their official duties.

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The adopted Code of Ethics shall provide for the investigation of conflicts of interest resulting in the use of public office or position for private gain. No elected official, appointed officer, or employee shall: (a) act in an official capacity on matters in which the employee or official has a private financial interest clearly separate from that of the general public; (b) accept gifts and other things of value greater than de minimus in return for or as a reward for a favorable decision or vote; (c) act in a private capacity on matters dealt with as a public official or employee; (d) use confidential information for personal gain; and (e) appear before City departments, offices, and agencies on behalf of private interests.

Powers and Duties Insofar as possible under applicable law, the Code of Ethics shall authorize the Ethics Commission to: Provide for the education of conduct and compliance with the Ethics Code that minimizes violations or the potential for violations of the Ethic Code; Provide for citizen education of the requirements for public servants under the Ethics Code and increase citizen understanding of public service as a public trust under the vigilance of City residents;  Issue advisory opinions on Code of Ethics compliance as requested by the Mayor, City Council, City Controller, appointed officials, officers and employees of the City, or any party with standing under the adopted Code of Ethics; Provide for procedures to conduct investigations on its own initiative and on referral or complaint from officials or citizens; Subpoena witnesses and documents; Refer cases for prosecution;  Hire independent counsel.

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The City Council shall annually appropriate sufficient funds to the Commission to enable it to perform the duties assigned to it and to provide annual training and education of citizens, City officials and employees, and candidates for public office regarding the Code of Ethics.

This is a way we can safeguard Princeton.

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Amendments to the charter can only be done every 2 years, now is the time.

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If any part of this/these CHARTER ITEMS shall be found in violation of state code at any time by a valid court of law outside of the City of Princeton, only that portion of the item found of violation may be modified if possible or stricken if necessary, as ordered by that court of law. Any remaining portion of that item shall NOT be modified or removed and shall remain valid and intact.