AGENDA CAPTION:
Title
Consider approval Ordinance 2016-38, on the second of two readings, amending Chapter 2, Article 5, Code of Ethics, of the San Marcos City Code; provisions; providing penalties; and providing an effective date; and provide direction to staff and the Ethics Review Commission regarding consideration of other possible amendments.
Body
Meeting date: September 6, 2016 - 1st Reading
September 20, 2016 - 2nd Reading
Department: City Attorney
Funds Required: n/a
Account Number: n/a
Funds Available: n/a
Account Name: n/a
CITY COUNCIL GOAL:
COMPREHENSIVE PLAN ELEMENT(s):
BACKGROUND:
Under Section 12.02 of the San Marcos City Charter, the Ethics Review Commission (ERC) shall meet at least once per year to review the city’s code ethics and make recommendations, if any, to the city council regarding amendments. The ERC presented its recommendations to the council on August 16, 2016. Council directed staff to prepare an ordinance, incorporating the ERC’s recommendations, for consideration on first reading on September 6, 2016.
The amendments set forth in the attached ordinance include:
• Expanding the definition of the term “employee” to include employees of independent contractors who also serve as staff liaisons to boards and commissions; re-defining the term “official” to make the code of ethics apply to temporary boards and commissions.
• Clarifying the duty of an official to refrain from discussing a matter in which the official has a conflict of interest until a final decision has been made regarding the matter.
• Prohibiting an official or employee from taking official action that would affect an economic interest of a person or entity from whom the individual or an immediate family has received a benefit within the past 24 months
• Extending the prohibition on former employees appearing before boards and commission from one year to two years, but allowing former employees to contract with the city to provide services if the city manager determines that the skills or experience are unique
• Requiring members of the Planning and Zoning Commission to complete the same financial disclosure forms used by council members and the council’s appointees