Item Coversheet


City Council Agenda Request
December 20, 2022


AGENDA REQUEST NO: IV.B.

AGENDA OF: City Council Meeting

INITIATED BY: Meredith Riede, City Attorney

PRESENTED BY: Meredith Riede, City Attorney

RESPONSIBLE DEPARTMENT: Legal

AGENDA CAPTION:
SECOND CONSIDERATION: Consideration of and action on CITY OF SUGAR LAND ORDINANCE NO. 2289: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, AMENDING THE CODE OF ORDINANCES BY REVISING SECTIONS 2-72, 2-75, 2-85 AND 2-102 OF CHAPTER 2, ARTICLE IV, CODE OF ETHICAL CONDUCT AND ADDING A NEW SECTION 2-74 REQUIRING A FIVE YEAR REVIEW OF THE CODE OF ETHICAL CONDUCT.
RECOMMENDED ACTION:
Approve the second reading of Ordinance 2289, amending the Code of Ethical Conduct.
EXECUTIVE SUMMARY:

By adoption of Ordinance No. 2095, the City Council of the City of Sugar Land established an Independent Ethics Review Board (IERB) to hear violations of the City's Code of Ethical Conduct. The IERB meets quarterly to review recent newspaper articles related to alleged ethical violations of elected officials in other jurisdictions and to discuss the application of the City's Code of Ethical Conduct to each allegation. During these discussions, the IERB determined that a number of revisions to the Code of Ethical Conduct should be recommended to City Council for consideration.

 

Those revisions are:

 

(1) Addition of a comprehensive review. The first Code of Ethics was adopted by City Council in December 2005. In February 2016, the City Council appointed a citizen task force to conduct a comprehensive 10-year review of the Code of Ethics. The recommendations of the 2016 task force resulted in the Code of Ethical Conduct, adopted by the City Council in May 2017. To ensure that the Code of Ethics continues to represent the moral standards of the City's residents, the IERB recommends that a provision be added to the Code requiring a comprehensive review. The IERB is suggesting that the review occur every five years, mirroring the requirement in the Charter that the Charter be reviewed at least every five years.

 

(2) Addition of the definition of a reciprocal benefit. While reviewing newspaper articles, the IERB determined that a gap existed between the definitions of financial benefit and personal benefit. To fill the gap, the IERB recommends adding a definition to include a reciprocal benefit.

 

(3) Section 2-85 of the Code restricts former members of the City Council from entering into significant contracts with the City for 13 months after the end of their term of office. Section 2-81 of the Code restricts public officials from representing any other person in front of their former board for a period of two years. The IERB is recommending that section 2-85 be amended from 13 months to 24 months so that the two provisions are harmonious.

 

(4) Section 2-102. Name clearing proceedings. Currently, the Code requires the same information submitted to file a complaint be submitted to request a name clearing hearing. Recognizing that a name clearing proceeding should only be requested when the official believes they have been publicly wrongfully accused, the proposed revisions would require the official submit a copy or screenshot of the publicly distributed allegation. Additionally, based on the ability to post statements under false names or anonymously, the IERB recommends removing the requirement that the official name the person making the allegations.

 

A first reading of Ordinance No. 2289 was held during the December 6, 2022, City Council Meeting.

 

The IERB unanimously recommends approval of these amendments.


BUDGET

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CURRENT BUDGET:

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ATTACHMENTS:
DescriptionType
Ordinance 2289Ordinances