CHAPTER 7

CODE OF CONDUCT

   ARTICLE 7.01 GENERAL REGULATIONS

   Sec. 7.01.001     Definitions

Candidate for municipal office. Any person who files for election or appointment to a position on the City Council, including the Mayor.

Deliver. Transmitting by mail, personal delivery, or e-mail or any other means of electronic transfer pursuant to the City Secretary's Campaign Finance Filing Policy.

Municipal officer. The Mayor and any member of the City Council.

   Sec. 7.01.002     Financial statement required

(a)     A municipal officer or a candidate for a municipal office filled by election shall file a financial statement as required by this Article.

(b)     The statement must:

(1)     Be filed with the City Secretary; and

(2)     Comply with sections 572.022 and 572.023, Government Code.

   Sec. 7.01.003     Filing dates; timeliness of filing

(a)     A municipal officer or candidate for municipal office filled by election shall file the financial statement required by this Article by not later than March 1st of each year reflecting the officer's or candidate's financial situation as of December 31st of the previous year and financial activity between January 1st and December 31st of the previous year.

(b)     A candidate for municipal office filled by appointment shall file the financial statement required by this Article not later than the 10th day after the deadline for filing the application for the appointment.

(c)     A person is considered to have timely filed a financial statement under this Article if:

(1)     The statement is personally delivered not later than 5:00 p.m. of the 5th day after the stated deadline for filing the statement; or

(2)     The City Secretary has adopted rules and procedures to provide for the electronic filing of the statement and the statement is electronically filed in accordance with those rules and procedures not later than midnight of the 5th day after the stated deadline for filing the statement.

(c)     If the deadline for filing a statement under this Article falls on a Saturday, Sunday, or legal City, state or national holiday, then the deadline is extended to the next regular business day.

   Sec. 7.01.004     Form of statement

(a)     The PFS-LOCAL Form designed by the Texas Ethics Commission under chapter 572, Government Code, shall be used for filing the financial statement required under this Article.

(b)     The City Secretary shall deliver at least one copy of the form and instruction guide to each municipal officer or candidate for a municipal office who is required to file under this Article not later than the 10th day before the deadline for filing the statement under section 7.01.003. The City Secretary may choose one or more methods to deliver the form.

   Sec. 7.01.005     Duplicate or supplemental statements

If a person has filed a financial statement under one provision of this Article covering the preceding calendar year, the person is not required to file a financial statement required under another provision of this Article covering that same year if, before the deadline for filing the statement under the other provision, the person notifies the City Secretary in writing that the person has already filed a financial statement under this Article covering that year.

   Sec. 7.01.006     Public access to statements; retention

(a)     Financial statements filed under this Article are public records. The City Secretary shall maintain the statements in separate alphabetical files and in a manner that is accessible to the public during regular office hours.

(b)     Until the first anniversary of the date a financial statement is filed, each time a person, other than the City Secretary or their employee who is acting on official business, requests to see the financial statement, the City Secretary shall place in the file a statement of the person's name and address, whom the person represents, and the date of the request. The City Secretary shall retain that statement in the file until the first anniversary of the date the requested financial statement is filed.

(c)     The City Secretary may, and on notification from a former municipal officer or candidate for municipal office shall, destroy any financial statements filed by the officer or candidate after the second anniversary of the date the person ceases to be an officer or candidate, as applicable.

   Sec. 7.01.007     Notification to prosecuting attorney

The City Secretary shall maintain a list of the municipal officers and candidates for municipal office required to file a financial statement under this Article. Not later than the 10th day after each applicable filing deadline, the City Secretary shall provide to the City Attorney a copy of the list showing for each municipal officer and candidate for municipal office:

(1)     Whether the officer or candidate timely filed a financial statement as required by this Article; or

(2)     Whether the officer or candidate did not timely file a financial statement as required by this Article.

   Sec. 7.01.008     Offense; criminal penalty

(a)     A municipal officer or a candidate for municipal office commits an offense if the officer or candidate knowingly fails to file a financial statement as required by this Article.

(b)     An offense under this Article is a class C misdemeanor punishable subject to the general penalty provision in section 1.01.009 of this Code.

(Ordinance CO14-18-01-18-E1 adopted 1/11/18)

   ARTICLE 7.02 REVOLVING DOOR POLICY

   Sec. 7.02.001     Definitions

Close relative. A person related to the former official in the first degree by consanguinity or affinity, as determined under chapter 573 of the Government Code.

Former official. A former Mayor, Councilmember, or City employee at or higher than the level of Department Director, or anyone acting on behalf of such persons, including any entity recognized by law, such as a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, or trust, that the person or the person's close relative owns or controls, directly or indirectly, or for which the person or the person's close relative serves as an officer, director, principal, manager, employee, or agent.

   Sec. 7.02.002     Prohibitions

(a)     For a period of two (2) years after leaving office or employment, a former official:

(1)     Shall not solicit, propose, lobby on, or participate in a contract with the City, or enter into a contract with the City for the sale to the City of any goods or services other than real estate;

(2)     Shall not sell or lease any real estate to the City unless the City Council has designated the property for acquisition and would otherwise have to acquire the property through its power of eminent domain;

(3)     Shall not appear before or communicate with any City official, Board or Commission member, or employee with intent to influence any decision, determination, or approval on behalf of any person or entity in connection with any matter on which the person or entity seeks official action; and

(4)     Shall not hold any compensated office or employment position with the City if the former official is a former Mayor or Councilmember.

(b)     For a period of seven (7) years after leaving office or employment, no former official shall represent a person or receive compensation for services rendered on behalf of any person regarding any particular matter in which they participated while serving the City, either through personal involvement or because the matter was within their official scope of authority or responsibility.

(c)     No former official shall ever use any confidential information to which he has had access by virtue of his official capacity and which has not been made public concerning the property, operations, policies, or affairs of the City, to advance any personal financial interest in violation of Texas Penal Code, section 39.06, and/or City Charter, section 11.09(a), as amended.

   Sec. 7.02.003     Exceptions

(a)     This Article shall not prohibit the City's engagement of a former official who was a City employee as a consultant due to their unique knowledge, experience, skills, and/or familiarity with matters of City business, as continuation of the same or substantially similar service for which they were previously employed by the City, within the two (2) year period after leaving employment for a term of not more than six (6) months, subject to approval via majority vote of the City Council.

(b)     This Article shall not prohibit a former official from representing a person or receiving compensation for services on behalf of any person under section 7.02.002(b) provided the representation or compensation is not for a City issue or regarding a matter of City business.

(c)     This Article shall not prohibit a former official who was a City employee from representing a person or receiving compensation for services on behalf of any person under section 7.02.002(b) for a City issue or regarding a matter of City business if approved via majority vote of the Council upon a finding by the Council that the representation or compensation would benefit the City or not harm the City's interest.

   Sec. 7.02.004     Violation; penalty

(a)     Any bid, proposal, contract offer, or lease offer submitted in violation of this Article shall be disqualified, and any contract or decision, determination, or approval procured in violation of this Article shall be voidable via majority vote of the City Council.

(b)     A violation of this Article shall be enforceable as a class C misdemeanor, and upon conviction shall be subject to a fine not to exceed five hundred dollars ($500.00) in accordance with the Cedar Park Code of Ordinances, section 1.01.009, general penalty for violations of code, and shall restart the two-year and seven-year periods under section 7.02.002 from the date of the violation.

(c)     The foregoing provisions are cumulative, and not exclusive, of State law, the City Charter, and any other provision of the Cedar Park Code of Ordinances.

(Ordinance CO12-21-02-11-H5 adopted 2/11/21)