Robert Owen
CRC Member
Regarding our discussion on the potential merits of establishing a Board of Ethics in the Charter, I ran a search on Boards of Ethics in Home Rule Municipalities in Texas and found the following references.
Based on recent search results, several Texas home rule cities have established ethics boards or commissions, which are often created by city ordinance but may be empowered through the city's charter. [1, 2, 3, 4, 5]
Examples of Texas home rule cities with ethics boards include:
Home rule cities can generally take any action not prohibited by the Texas Constitution or state statutes, as long as the authority is granted in the city's charter. While the charter defines the city's structure, a city can adopt a separate ethics ordinance to create and define the powers of an ethics board or commission. This practice aligns with the home rule principle of local self-government. [4, 10, 11, 12, 13]
The purpose of ethics boards
City ethics boards or commissions typically serve to:
[1] https://www.cityofkyle.com/cityadministration/page/ethics-commission
[2] https://www.cityofbastrop.org/page/cs.boards_ethics
[3] https://statutes.capitol.texas.gov/Docs/LG/htm/LG.9.htm
[4] https://www.tmcec.com/wp-content/uploads/2023/05/Texas-Ethics-Gift-and-Honorarium-Laws.pdf
[5] https://www.saspeakup.com/K7024
[6] https://www.austintexas.gov/content/ethics-review-commission
[7] https://www.seguintexas.gov/517/Ethics-Commission
[8] https://services.austintexas.gov/edims/document.cfm?id=412253
[9] https://www.oakpointtexas.com/DocumentCenter/View/290/Code-of-Ethics-Ordinance-PDF
[10] https://townofsunnyvale.org/DocumentCenter/View/2697/Charter-FAQ?bidId
[11] https://www.cityofbridgeport.net/557/Home-Rule
[12] https://www.randlelawoffice.com/local-governmental-entities/adopting-home-rule-city-charter-texas/
[13] https://townofsunnyvale.org/DocumentCenter/View/2697/Charter-FAQ?bidId
[14] https://www.law.uh.edu/libraries/ethics/opinions/501-600/eo567.pdf
Based on recent search results, several Texas home rule cities have established ethics boards or commissions, which are often created by city ordinance but may be empowered through the city's charter. [1, 2, 3, 4, 5]
Examples of Texas home rule cities with ethics boards include:
- Austin: The city has an Ethics Review Commission. The city's ethics code outlines standards of conduct, gift rules, and restrictions on former city officials. Some of these rules were detailed in a 2017 training presentation.
- Bastrop: The City of Bastrop has an Ethics Commission. Note: The minutes from the 4/10/24 (item 5) are interesting and demonstrates BOE apparently can go beyond just finance and conflict of interest issues. https://mccmeetings.blob.core.usgov...T-Agenda-b302ca1c32df474aa2784e3bb57a3d23.pdf
- Kyle: The City of Kyle's Ethics Commission was created to ensure public trust by enforcing the city's ethics ordinance. The ordinance sets standards of conduct and disclosure requirements for city officers and employees.
- Seguin: The City of Seguin has a nine-member Ethics Commission appointed by the city council.
- Oak Point: The City of Oak Point has a Code of Ethics Ordinance that outlines procedures for filing and reviewing complaints against city officials. [1, 2, 6, 7, 8, 9]
Home rule cities can generally take any action not prohibited by the Texas Constitution or state statutes, as long as the authority is granted in the city's charter. While the charter defines the city's structure, a city can adopt a separate ethics ordinance to create and define the powers of an ethics board or commission. This practice aligns with the home rule principle of local self-government. [4, 10, 11, 12, 13]
The purpose of ethics boards
City ethics boards or commissions typically serve to:
- Promote public trust: By enforcing ethical standards, they help maintain confidence in local government.
- Investigate complaints: They review and investigate allegations of misconduct or conflicts of interest involving city officials and employees.
- Interpret ethics rules: They may issue advisory opinions to help officials navigate ethical dilemmas.
- Enforce penalties: They can recommend or impose penalties for ethics violations. [1, 4, 7, 9, 14]
[1] https://www.cityofkyle.com/cityadministration/page/ethics-commission
[2] https://www.cityofbastrop.org/page/cs.boards_ethics
[3] https://statutes.capitol.texas.gov/Docs/LG/htm/LG.9.htm
[4] https://www.tmcec.com/wp-content/uploads/2023/05/Texas-Ethics-Gift-and-Honorarium-Laws.pdf
[5] https://www.saspeakup.com/K7024
[6] https://www.austintexas.gov/content/ethics-review-commission
[7] https://www.seguintexas.gov/517/Ethics-Commission
[8] https://services.austintexas.gov/edims/document.cfm?id=412253
[9] https://www.oakpointtexas.com/DocumentCenter/View/290/Code-of-Ethics-Ordinance-PDF
[10] https://townofsunnyvale.org/DocumentCenter/View/2697/Charter-FAQ?bidId
[11] https://www.cityofbridgeport.net/557/Home-Rule
[12] https://www.randlelawoffice.com/local-governmental-entities/adopting-home-rule-city-charter-texas/
[13] https://townofsunnyvale.org/DocumentCenter/View/2697/Charter-FAQ?bidId
[14] https://www.law.uh.edu/libraries/ethics/opinions/501-600/eo567.pdf
