AGENDA CAPTION:
Title
Consider approval of ordinance 2020-44, on the first of two readings, amending section 2.421 of the San Marcos City Code by adding a new subsection (e) to clearly state that the policy and purpose statements in that section supporting the adoption of the San Marcos Code of Ethics shall not be cited, used, or considered by a citizen or by the ethics review commission as the basis of an ethics complaint filed against any officer or employee of the city; and declaring an effective date.
Body
Meeting date: June 2, 2020
Department: City Attorney
Amount & Source of Funding
Funds Required: Click or tap here to enter text.
Account Number: Click or tap here to enter text.
Funds Available: Click or tap here to enter text.
Account Name: Click or tap here to enter text.
Fiscal Note:
Prior Council Action: Click or tap here to enter text.
City Council Strategic Initiative: [Please select from the dropdown menu below]
Choose an item.
Choose an item.
Choose an item.
Comprehensive Plan Element (s): [Please select the Plan element(s) and Goal # from dropdown menu below]
☐ Economic Development - Choose an item.
☐ Environment & Resource Protection - Choose an item.
☐ Land Use - Choose an item.
☐ Neighborhoods & Housing - Choose an item.
☐ Parks, Public Spaces & Facilities - Choose an item.
☐ Transportation - Choose an item.
☐ Core Services
☐ Not Applicable
Master Plan: [Please select the corresponding Master Plan from the dropdown menu below (if applicable)]
Choose an item.
Background Information:
The San Marcos Code of Ethics is a city ordinance that includes general policy and purpose statements that explain the need for having an ethics code and the benefits derived from adopting one. Those provisions are contained in Section 2.421 of the San Marcos City Code. A copy of that section is attached.
The San Marcos Code of Ethics also contains specific conflict of interest provisions, standards of conduct for officers and employees, and restrictions on former city employees. Those provisions are contained in Sections 2.423 through 2.426 of the San Marcos City Code. Violations of those provisions can be alleged by any San Marcos resident by means of an ethics complaint filed with the City Attorney’s Office and presented to the Ethics Review Commission. A copy of Sections 2.423 through 2.426 are attached as background information.
As a relatively recent development, ethics complaints have been filed that are based on the general policy and purpose statements in Section 2.421 of the Code of Ethics instead of the specific provisions in Sections 2.423 through 2.426 of the code. Such complaints have included allegations having nothing to do with an officer or employee’s performance of his or her official duties. Ethics complaints have been filed against city officials for expressing opinions on matters of public policy and, in one instance, for endorsing candidates for public office. The ethics ordinance was not intended to be used as a political weapon, to intimidate, or to embarrass city officials or employees.
This agenda item was posted for consideration of the attached ordinance amending Section 2.421 of the San Marcos City Code, by adding a new subsection (e), to clearly state that the policy and purpose provisions in that section cannot be cited, used, or considered by a citizen by the Ethics Review Commission as the basis of an ethics complaint against any officer or employee of the city.
Council Committee, Board/Commission Action:
This ordinance amendment was discussed by the City Council on May 19, 2020 and direction was given to bring forward the attached amendment to Section 2.421 of the San Marcos City Code as an ordinance for council’s consideration. In addition, the San Marcos Ethics Review Commission met on May 13, 2020 and recommended amending Section 2.421 to prevent the policy and purpose statements in that section of the Code of Ethics from being citied, used, or considered by a citizen or by the Ethics Review Commission as the basis of an ethics complaint.
Alternatives:
Click or tap here to enter text.
Recommendation:
Adopt the ordinance as presented.