Exhibit A: Code of Conduct Policy

[council3_rubal]

Fellow Council Members,

We are in the process of providing comments for Exhibit A: Code of Conduct Policy. In this regard, it is reasonable to review the Code of Conduct and the Complaint process already established by the Texas Ethics Commission.

General Comment regarding Exhibit A:
Exhibit A, as written, is a mixed bag of the Code of Conduct for Council, Mayor, City employees, and Committee members. In this, it fails to be comprehensive. Separate documents or a significant extension of this document would likely be needed to be inclusive. Some state laws take precedence, particularly with criminal intent, and should be cited rather than paraphrased as City Code. Additionally, it would be reasonable to follow the Texas Ethics Commission's guidance regarding their procedures for filing a complaint. I have included a link to their form (https://www.ethics.state.tx.us/data/forms/sworn_complaints/complaint.pdf). This is likely similar to what is necessary for filing a complaint against law enforcement ( I have not asked our City Manager for the form we use in UC, but that would be of interest to review.) Complaints requiring action would require a signed and sworn statement to initiate the complaint formally.

The conduct code is specified by the Texas Ethics Commission: https://www.ethics.state.tx.us/statutes/

From the web:
“In Texas, a sworn complaint is a legal document that requires the complainant to sign and swear under oath that the information they are providing is accurate. This type of complaint is used to initiate legal action or seek investigation into a potential violation of the law.

A sworn complaint must be filed on a form prescribed by the agency to which it is directed, such as the Texas Ethics Commission.
Affidavit:

The sworn complaint often includes an affidavit, which is a statement of facts signed under oath. The complainant must either swear that the information is correct based on their personal knowledge or that they have reasonable belief in the alleged violation.

The affidavit can be notarized (verified by a notary public) or include an unsworn declaration (a statement made under penalty of perjury).

The purpose of a sworn complaint is to provide a basis for legal action or investigation. It ensures that the allegations are made under oath, increasing the credibility of the complaint.”

Thank you for reviewing this information.

 

[council4_vaughan]

Yes, this is on my list of suggested updates as well. The complaint should be sworn to and the person making the complaint should understand the steps that are going to be taken. This process should start with a random email complaint.

I would also like some clarity on when an inquiry is started. In my mind, the mayor should review it with the accused councilmember. There should be an option for the mayor to use his judgment at that point to provide feedback to that councilmember with it ending there. It should only need to come to the full council if the Mayor thinks it warrants that or if the accuser requests to override the Mayor's judgment. Perhaps the sworn statement could have a question about whether they would allow the mayor to use his judgment about whether all of council should be notified.

I also think we should add a section about our conduct during citizens to be heard. As hard as it may be to hear, we should allow them to make their statements uninterrupted as much as possible.

My last thought for now relates to censure. I don't think a censure should remove a councilmembers vote on any issues. Perhaps it could limit comments at meetings, committee appointments or public appearances. But if the public voted them in, I think their vote should remain during a censure period. It is not clear to me whether the current policy blocks a vote during censure.

 

[council3_rubal]

Good points.

Additional comments submitted to the Mayor for consideration for additions to Exhibit A included:

2.6 Political Advocacy: Should include the prohibition of the distribution of political material on City properties.

Also, suggested adding a policy statement for no tolerance for harassment or bullying by members of the Council, Mayor, or Staff.