Chapter 2. Administration

No officer, employee or agent of the city shall have authority to waive any of the provisions of section 4 of article I of the Charter providing for written notice of claim to the city manager or city clerk within 30 days after the occurrence of an injury or damage.

(Code 1967, § 1-7; Ord. No. 2086, § 1, 9-23-76)

The city clerk may appoint one or more deputies to assist in the performance of the duties of the office and may require such bond from the person so appointed as is deemed necessary for indemnity. The deputies appointed in accordance with this section may do and perform all the duties imposed and required of the city clerk by the Charter or this Code. All acts of such deputies done in conformity with the law shall be as binding and valid as if done by the city clerk in person.

(Code 1967, § 2-5; Ord. No. 1970, § 1, 3-11-76)

There is created the department of engineering for the city. The head of this department shall be the city engineer. The city engineer shall be appointed by the city manager, subject to the approval of the city council.

(Ord. No. 296, § 1, 9-30-55; Code 1967, § 2-2)

There is established the department of management information services for the city. The head of this department shall be the management information services director.

There is established the department of human resources for the city. The head of this department shall be the human resources director.

(Code 1967, § 2-6; Ord. No. 2224, § 1, 5-12-77)

There is established the department of parks and recreation for the city. The head of this department shall be the parks and recreation director.

There is established the department of planning and community development for the city. The head of this department shall be the planning and community development director.

There is established the department of utilities for the city. The head of this department shall be the utilities director.

(a) Definitions. The following words, terms and phrases when used in this section shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.

Board shall mean and include a board, commission, committee or task force established by the city.

Excessive absences shall mean:

(a) For a board which meets monthly on a regular basis, more than four absences, excused or unexcused, in any consecutive 12-month period;

(b) For a board which meets less often than monthly on a regular basis, more than three absences, excused or unexcused, in any consecutive 12-month period; and

(c) For a board which meets more often than monthly on a regular basis, more than five absences, excused or unexcused, in any consecutive 12-month period.

Member shall mean a person appointed to a board by the city council or city manager.

(b) Attendance requirements. There is an expectation that a member of a board will arrange the member's schedule to make most, if not all, of the scheduled board meetings. In the event that a member has a recurring conflict, the member may resign at any time. If a member of a board is clearly unable to attend regularly scheduled board meetings, he may be removed by the city manager, with confirmation of the mayor, for these excessive absences. "Excessive absences" shall mean:

(1) For a board which meets monthly on a regular basis, more than four absences, excused or unexcused, in any consecutive 12-month period.

(2) For a board which meets less often than monthly on a regular basis, more than three absences, excused or unexcused, in any consecutive 12-month period.

(3) For a board which meets more often than monthly on a regular basis, more than five absences, excused or unexcused, in any consecutive 12-month period.

(c) Attendance records. The staff liaison for each board shall be required to keep attendance records and to submit monthly reports to the city clerk setting forth both the excused and unexcused absences of each member of the board. The city clerk will notify the city manager and request direction regarding the removal of any board member having a record of excessive absences.

(Ord. No. 10,829, § 1, 2-14-08)

(a) There is created an advisory board which shall assist and advise the city council on the proper operation of the city's parks and recreational facilities. The board shall be known as the parks and recreation board.

(b) The parks and recreation board shall be composed of seven members. Each city council member shall appoint one member to the board from their respective district. The mayor shall make an at-large appointment to the board and designate the chair.

(c) Members shall hold office for three-year staggered terms. All members of the board shall be residents of the city. If vacancies occur in the board, such vacancies shall be filled in the same manner as original appointments, except such terms shall only be for the remainder of the unexpired term. Appointment of new board members will be done by the city council. Terms of office will run from September 1 to August 31.

(Code 1967, § 2-36; Ord. No. 885, § 1, 9-14-67; Ord. No. 11,031, § 1, 12-11-08; Ord. No. 13,337, § 1, 10-27-16; Ord. No. 15,800, § 1, 5-9-24; Ord. No. 15,878, § 1, 8-22-24)

The parks and recreation board is empowered to establish its own parliamentary procedure, provided that such shall not be in conflict with this division, the Charter or other provisions of law.

(Code 1967, § 2-38; Ord. No. 885, § 3, 9-14-67)

The parks and recreation board shall meet no less than once each month. Meetings shall be held at the community center, unless notice of a change of the meeting place is posted in compliance with V.T.C.A., Government Code § 551.043. Meetings shall be open to the public, as required pursuant to V.T.C.A., Government Code § 551.001 et seq., and minutes shall be filed with the city clerk and shall be treated as public records.

(Code 1967, § 2-41; Ord. No. 885, § 6, 9-14-67)

(a) A quorum shall consist of a majority of the entire membership of the parks and recreation board, and any issue to be voted on shall be resolved by those present.

(b) The chairman shall be entitled to vote upon any issue but shall have no veto power.

(Code 1967, § 2-38; Ord. No. 885, § 3, 9-14-67)

The parks and recreation board is authorized to work with the city manager and make recommendations to the city manager about any matter that it deems beneficial to the administration, provided that such functions shall not contravene with the Charter or any other law and such shall be considered advisory only.

(Code 1967, § 2-39; Ord. No. 885, § 14, 9-14-67)

The parks and recreation board shall perform such functions as may be duly delegated to it from time to time by the city council and by the city manager. Furthermore, the board shall make a study of the parks and recreational facilities and policies of the city and shall, on or before June 1 each year, make recommendations in writing to the city manager as to any changes, modifications and other improvements to such facilities, after which the city manager shall meet with the board and a final written report shall be prepared and presented to the city council on or before September 1 of each year.

(Code 1967, § 2-40; Ord. No. 885, § 5, 9-14-67)

An agency of the city council is created which shall be known as the planning and zoning commission, and such commission shall consist of nine voting members.

(Ord. No. 9621, § 4, 9-11-03; Ord. No. 11,031, § 2, 12-11-08; Ord. No. 13,337, § 2, 10-27-16)

The planning and zoning commission is declared to be an adjunct of the city council. The city manager and all other administrative personnel of the city are authorized and directed to cooperate with and assist the commission at all reasonable times.

(Ord. No. 9621, § 4, 9-11-03)

The planning and zoning commission is the successor to the Baytown Area Community Long Range Planning Commission, the zoning commission, and the growth management and development advisory commission, which was the successor to the planning and traffic commissions. All actions taken by the prior commissions which required resubmittal of projects to the commissions for final disposition shall be construed as requiring resubmittal of the projects to the planning and zoning commission. Any reference in other sections of this Code to the growth management and development advisory commission, the zoning commission, the Baytown Area Community Long-Range Planning Commission or the planning commission or traffic commission is to be construed to refer to the planning and zoning commission.

(Ord. No. 9621, § 4, 9-11-03)

The city council shall strive to have the makeup of the planning and zoning commission be demographically representative of the city.

(Ord. No. 9621, § 4, 9-11-03)

(a) The city council shall appoint nine voting members to the planning and zoning commission. Five voting members of the planning and zoning commission shall be appointed during odd-numbered years, and four voting members shall be appointed during even-numbered years. One voting member shall be appointed from the city's extraterritorial jurisdiction and the remaining members shall be appointed from within the corporate limits of the city. Additionally, at least one voting member shall be a representative of the real estate, development or building industry, who is not an employee or official of a political subdivision or governmental entity. Terms of voting members shall begin on January 1 and extend for two calendar years. However, the city council may remove a member at any time by a vote of the city council in public session.

(b) As the terms of office of the individual members terminate, the city council shall, as soon as possible, appoint members and/or confirm the mayor's appointment to fill such vacancies for the new terms. The council, if interim vacancies occur, shall appoint or confirm the mayor's appointment of a successor for the remainder of the term.

(Ord. No. 9621, § 4, 9-11-03; Ord. No. 11,031, § 3, 12-11-08; Ord. No. 13,337, § 3, 10-27-16; Ord. No. 15,758, § 1, 3-28-24)

The planning and zoning commission is empowered to establish its own parliamentary procedure, provided that such shall not be in conflict with the laws applicable to the commission or this division.

(Ord. No. 9621, § 4, 9-11-03)

(a) The planning and zoning commission shall elect a chairperson and vice-chairperson at the first meeting of each year. A person who has served three consecutive terms, whether full or partial, as a chairperson or as a vice-chairperson is not eligible for reappointment to the same office until the expiration of at least one year from the date of his last service in such office.

(b) The director of planning and development services shall provide staff to take minutes and serve as secretary to the commission.

(Ord. No. 9621, § 4, 9-11-03)

(a) When proposed developments are properly submitted for review, the planning and zoning commission shall meet not less than once each month. Meetings shall be held at the place, time and date stated on the notice of meeting, which shall be posted at city hall.

(b) Meetings shall be conducted in compliance with the V.T.C.A., Government Code, ch. 551, and minutes shall be treated as public records.

(Ord. No. 9621, § 4, 9-11-03)

A quorum shall consist of a majority of the entire membership of the planning and zoning commission, and any issue to be voted on shall be resolved by a majority of those voting members present. The chairperson shall be entitled to vote upon any question, but shall have no veto power.

(Ord. No. 9621, § 4, 9-11-03; Ord. No. 11,031, § 4, 12-11-08; Ord. No. 13,337, § 4, 10-27-16)

The planning and zoning commission shall exercise the following powers and shall be required to:

(1) Review and recommend to the city council proposed changes in all land development ordinances;

(2) Study plans and plats of proposed developments and, within legal limits, approve such that meet all the standards as required by the laws and ordinances regulating these developments;

(3) Perform all duties and functions as conferred on a capital improvements advisory committee by V.T.C.A., Local Government Code, ch. 395;

(4) Recommend to the city council for its action changes in the thoroughfare plan as well as traffic control devices, regulations and improvements in the city pursuant to chapters 94, 112 and 122 of this Code;

(5) Hear and decide requests for variances and special use permits as submitted under chapters 114 and 126 of this Code pertaining to telecommunications regulation and subdivisions;

(6) Develop an action strategy to accomplish the objectives of each element of the city's comprehensive plan, monitor the implementation of the city comprehensive plan, develop and submit to the city council recommendations to revise the comprehensive plan, make at least annual reports to the city council on or before April 1 of each year as to the status of efforts to implement the comprehensive plan, and present on or before April 1 of each year for city council action a five-year strategy for implementation of the comprehensive plan along with an annual action agenda;

(7) Recommend boundaries for various original zoning districts and appropriate zoning regulations for each district; recommend appropriate regulations to be enforced therein; make a preliminary report concerning the recommended boundaries and appropriate zoning regulations for each district; hold public hearings on the preliminary report; make a final report and submit such report to the city council; hold public meetings to receive and compile comments on the Unified Land Development Code and make those comments available to city council; and perform such other functions as conferred on a zoning commission by V.T.C.A., Local Government Code, ch. 211 and the Unified Land Development Code; and

(8) Perform such other functions as may be duly delegated to it by the city council.

(Ord. No. 9621, § 4, 9-11-03; Ord. No. 9761, § 1, 4-8-04; Ord. No. 11,866, § 3, 2-23-12)

There is created a community development advisory committee which shall consist of nine members. The members of this committee shall be residents of the city and shall be appointed by the city council.

(Code 1967, § 2-59(a); Ord. No. 2618, § 1, 2-8-79; Ord. No. 2900, § 1, 5-22-80; Ord. No. 5083, § 1, 8-25-88; Ord. No. 6573, § 1, 3-25-93; Ord. No. 7268, § 1, 3-23-95; Ord. No. 11,031, § 5, 12-11-08; Ord. No. 13,337, § 5, 10-27-16)

The community development advisory committee shall have representation of low- to moderate-income areas of the city, as defined by the department of housing and urban development. Minority groups will at least be represented in proportion to such citywide percentage representation. The committee shall consist of at least one member from each of the six council districts.

(Code 1967, § 2-59(b); Ord. No. 2618, § 1, 2-8-79; Ord. No. 2900, § 1, 5-22-80; Ord. No. 5083, § 1, 8-25-88; Ord. No. 6573, § 1, 3-25-93; Ord. No. 7268, § 1, 3-23-95; Ord. No. 11,031, § 6, 12-11-08; Ord. No. 13,337, § 6, 10-27-16)

Members of the community development advisory committee shall be appointed in January of each year. The members shall be appointed for two-year terms. Five members shall be appointed in odd-numbered years and four members appointed in even-numbered years. All members shall serve at the pleasure of the city council.

(Code 1967, § 2-59(c); Ord. No. 2618, § 1, 2-8-79; Ord. No. 2900, § 1, 5-22-80; Ord. No. 5083, § 1, 8-25-88; Ord. No. 6573, § 1, 3-25-93; Ord. No. 7268, § 1, 3-23-95; Ord. No. 11,031, § 7, 12-11-08; Ord. No. 13,337, § 7, 10-27-16)

The community development supervisor shall serve as ex officio secretary of the community development advisory committee and shall perform the following services:

(1) Keep the minutes, books, files and records of the committee;

(2) Send out all notices and attend to all correspondence pertaining to the grant program;

(3) Assist the committee; and

(4) Prepare and present a written quarterly report to the city council which summarizes the activities of the committee and the status of the budget.

(Code 1967, § 2-61; Ord. No. 2618, § 1, 2-8-79; Ord. No. 5083, § 3, 8-25-88; Ord. No. 15,324, § 1, 1-12-23)

The community development advisory committee shall hold such public hearings and make reports as required in the citizen participation plan.

(Code 1967, § 2-60; Ord. No. 2618, § 1, 2-8-79; Ord. No. 5083, § 2, 8-25-88)

There is created the Baytown Police Advisory Committee which shall consist of nine members. The committee should be composed of a cross-section of the community. Council will endeavor to ensure that minority groups will be represented in proportion to their citywide percentage representation.

(Ord. No. 15,799, § 1, 5-9-24)

The purpose of the committee is to enhance and encourage communication between the residents and the city and to provide comments, suggestions, and recommendations to the city council on police outreach, community policing, officer training, and policies and procedures to ensure best practices are in place and operational to create a community of trust.

(Ord. No. 15,799, § 1, 5-9-24)

Members of the committee shall be appointed by the city council for staggered two-year terms, commencing on October 1.

(Ord. No. 15,799, § 1, 5-9-24)

(a) Each member of the city council shall make one appointment to serve on the committee. The chief of police shall make two appointments to serve on the committee, one of which shall be an individual who is a licensed peace officer and mental health professional. All appointments are subject to council's approval, and such appointees serve at the pleasure of the city council.

(b) For the initial appointments, five members will serve a two-year term, and four members will serve a one-year term. The length of terms of the initial members will be determined by the casting of lots.

(c) If vacancies occur, such vacancies shall be filled in the same manner as original appointments, except such terms shall only be for the remainder of the unexpired term.

(d) The members of this committee shall be residents of the city, except for the mayor's initial appointment, who may reside in the city's extraterritorial jurisdiction. Each member after appointed shall participate in one police education program or activity during his/her term.

(Ord. No. 15,799, § 1, 5-9-24)

All meetings of the committee shall be open to the public.

(Ord. No. 15,799, § 1, 5-9-24)

The committee shall hold such public forums to receive input from diverse community groups to enhance understanding through communication and education, to improve and maintain the public trust of the city police department, and to further the purpose of the committee.

(Ord. No. 15,799, § 1, 5-9-24)

The committee shall prepare and present quarterly reports to the city council.

(Ord. No. 15,799, § 1, 5-9-24)

There is created the animal control advisory committee to assist the animal shelter in complying with applicable law; to formulate future animal control plans, strategies and education; and to recommend revision in the animal control ordinances.

(Code 1967, § 2-71.1; Ord. No. 5866, § 1, 5-23-91)

(a) Composition. The animal control advisory committee shall be composed of the director of health, the chief of police, one licensed veterinarian, one representative from an animal welfare organization, and three interested citizens, who shall not have any professional or personal affiliations similar to those represented by other appointees to the committee.

(b) Terms. The initial appointments shall be as follows:

(1) Licensed veterinarian: two-year term

(2) Representative of an animal welfare organization: one-year term

(3) Interested citizens: two with one-year term and one with two-year term as determined by lot.

(Code 1967, § 2-71.2; Ord. No. 5866, § 1, 5-23-91; Ord. No. 11,031, § 10, 12-11-08; Ord. No. 13,337, § 10, 10-27-16; Ord. No. 14,565, § 1, 11-17-20)

An agency of the city council is created which shall be known as the board of adjustment.

(Code 1967, § 2-71.20; Ord. No. 7355, § 1, 7-27-95)

(a) Regular member. The board of adjustment shall consist of five regular members who will be appointed by the city council for two-year terms.

(b) Alternate member. The board of adjustment shall also include one alternate board member, who will serve in the absence of one or more of the regular members when requested to do so by the city manager. The alternate member will be appointed by the city council for two-year terms and shall be subject to all of the provisions of this division, including removal in accordance with section 2-543.

(Code 1967, § 2-71.21; Ord. No. 7355, § 1, 7-27-95; Ord. No. 13,914, § 1, 10-25-18)

The city council may remove members of the board of adjustment for cause, as found by the city council, on a written charge after a public hearing. A vacancy on the board shall be filled for the unexpired term.

(Code 1967, § 2-71.22; Ord. No. 7355, § 1, 7-27-95)

(a) The board of adjustment is hereby to establish its own parliamentary procedure, provided that such shall not be in conflict with the laws applicable to the board or this division.

(b) A quorum shall consist of a majority of the entire membership of the board, and, except as provided in this division, any issue to be voted on shall be resolved by a majority of those present. The chairperson shall be entitled to vote upon any question, but shall have no veto power. Each case before the board, however, must be heard by at least four members.

(c) All meetings shall be open to the public and shall be held at the call of the presiding officer and at other times as determined by the board. The presiding officer or acting presiding officer may administer oaths and compel the attendance of witnesses.

(d) The board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The board shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the board's office and are public records.

(Code 1967, § 2-71.24; Ord. No. 7355, § 1, 7-27-95)

The board of adjustment shall elect a chairperson and vice-chairperson at the first meeting of each year. The director of planning and community development shall provide staff to take minutes and serve as secretary to the board.

(Code 1967, § 2-71.23(b); Ord. No. 7355, § 1, 7-27-95)

The board of adjustment shall exercise the powers and shall be required to:

(1) Hear and decide appeals where it is alleged that there is an error in any order or decision by city officials in the administration and enforcement of the Unified Land Development Code;

(2) Hear and decide appeals of any interpretation of the text of the zoning regulations contained in the Unified Land Development Code made by the director of planning and development services;

(3) Hear and decide requests for zoning variances from the terms of the Unified Land Development Code pursuant to the procedures and standards set forth therein; and

(4) Hear and decide other matters as authorized by the Unified Land Development Code.

(Code 1967, § 2-71.25; Ord. No. 7355, § 1, 7-27-95; Ord. No. 11,866, § 4, 2-23-12)

There is created a fair housing commission to implement the policies and intent of article II of chapter 46 of this Code.

(Ord. No. 13,226, § 1, adopted 7-14-16)

(a) The fair housing commission shall be appointed by the city council for two-year terms and be composed of the fair housing officer, a staff member from the city's legal department, a staff member from the housing authority in the city, and two members of the community development advisory committee.

(b) The terms of persons appointed as members of the fair housing commission shall be as follows:

(1) Of the initial five members appointed by the city council, three shall be appointed to serve two-year terms and two shall be appointed to serve a one-year term;

(2) Appointments to vacancies shall be for the unexpired term of the position to which the appointment is made; and

(3) Members shall serve until their successors have been appointed.

(Ord. No. 13,226, § 1, adopted 7-14-16)

The fair housing commission shall have the power and duty:

(1) To receive and investigate complaints filed with the fair housing officer, regarding:

a. The denial of equal access to, and discrimination in housing (regardless of the public or private source of such denial and discrimination), where such denial or discrimination against either an individual or a group is based on race, color, religious creed, marital status, handicap, familial status, children, national origin, sex, age, or ancestry; and

b. The presence in the city of prejudice, intolerance, bigotry, or discrimination in the area of housing;

(2) To attempt by mediation to resolve any housing discrimination complaint over which it has jurisdiction and to recommend to all appropriate local, state or federal governmental agencies such action as it determines will resolve any such complaint;

(3) To hold hearings, summon witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and require the production of any evidence related to any matter in connection with the complaint;

(4) To ensure that both parties and all witnesses have the right to be advised and represented by counsel present during any hearings;

(5) To make a written report of its findings and recommendations to the city council and to any court or other governmental agency, including the federal department of housing and urban development, having jurisdiction over the matter in question;

(6) To maintain records that shall be available to the public except those that are necessary to ensure privacy rights under local, state or federal laws, those records that must be kept confidential in compliance with laws and rules of evidence, and those records containing unsubstantiated allegations reflecting on the character of any person or business;

(7) To cooperate with local, state or federal agencies in developing informational and educational materials for presentation in schools, libraries, public meetings and other suitable places devoted to eliminating prejudice, intolerance, bigotry and discrimination in housing; and

(8) To make recommendations to the city council that, in its judgment, will effectuate the policy and implementation of this division and, when required, make a written report to the city council of its activities.

(Ord. No. 13,226, § 1, adopted 7-14-16)

There is created a youth leadership academy that will take the place of the Baytown Youth Advisory Commission. This academy will exist to create pathways for youth to be involved in local government and community issues. The youth leadership academy is intended for educational purposes and is not intended to be a governmental body nor perform any such functions. This ordinance repeals and replaces Ordinance No. 10,039.

(Ord. No. 15,160, § 2, 7-28-22)

(a) The youth leadership academy shall consist of students between the ages of 14 and 18. The youth leadership academy participants shall be selected by the coordinator and advisor.

(b) Each member must be enrolled in a public school or a private or parochial school, including a home school, within the boundaries of the Goose Creek Consolidated Independent School District, and must maintain good standing at the school in which such member is enrolled.

(c) The city council shall appoint two members of the city staff to serve as the coordinator and the advisor to the youth leadership academy.

(d) The youth leadership academy shall not have board members and is not subject to the requirements of section 2-256 of this article.

(Ord. No. 15,160, § 2, 7-28-22)

The youth leadership academy is to be held in two annual sessions in the fall and spring and will accommodate up to 30 students per session.

(Ord. No. 15,160, § 2, 7-28-22)

An annual report shall be presented by city staff to the city council regarding the youth leadership academy interactions, activities, and progress as related to its established purpose not later than June 30th of each year.

(Ord. No. 15,160, § 2, 7-28-22)

The youth leadership academy participants shall learn about local government and further community engagement by:

(l) Encouraging youth leadership and responsibility through volunteerism and community involvement;

(2) Creating opportunities for public discussion of youth issues through meetings, workshops, and events;

(3) Exploring the innerworkings of local government departments.

(Ord. No. 15,160, § 2, 7-28-22)

(a) Creation. There is created an advisory board which shall assist and advise the city council and/or the city manager on matters pertaining to the city's code of ethics contained in chapter 2, article VIII of this Code. The board shall be known as the ethics board and shall have no rule-making, judicial authority, but shall be solely advisory in nature.

(b) Appointment. The ethics board shall be appointed by majority vote of the city council.

(c) Number. The ethics board shall consist of five members.

(d) Terms. The terms of the persons appointed as members of the ethics board shall be as follows:

(1) Of the initial five members appointed by the city council, three shall be appointed to serve two-year terms, and two shall be appointed to serve three-year terms. Subsequent terms of these members shall be for three years.

(2) Appointments to vacancies shall be for the unexpired term of the position to which the appointment is made.

(3) Members shall serve until their successors have been appointed.

(4) No member shall serve more than four consecutive full terms of office without a break in service.

(e) Eligibility. Membership on the ethics board is limited to residents of the City of Baytown.

(f) Ineligibility. The following shall disqualify a person from serving on the ethics board:

(1) Being a salaried city official or employee;

(2) Being an elected public official for any governmental body;

(3) Being a candidate for any elected public office;

(4) Being an official of a political party;

(5) Being a campaign treasurer, campaign manager, campaign official, or other policy or decision-maker, for the campaign of any candidate for elected public office;

(6) Being a campaign treasurer, campaign manager, campaign official, or other policy or decision-maker, for any political action committee as defined in the Texas Election Code;

(7) Being a donor to the campaign of any city official;

(8) Being a member of any other city board or commission;

(9) Having a conviction of a felony or any crime involving moral turpitude, or being found by the ethics board to have previously violated section 2-803; and

(10) Being related to the mayor, member of the city council, city manager, municipal court judge, or any associate municipal court judge, within the second degree by affinity (marriage) or within the third degree by consanguinity (blood).

(g) Scope of authority. The ethics board's authority shall be limited to implementation and enforcement of this article, and shall include the power to administer oaths and affirmations, issue and enforce limited subpoenas to compel the attendance of witnesses and the production of testimony, evidence, and/or documents as is reasonably relevant to the actionable complaint, as provided by the City Charter. The issuance and enforcement of subpoenas shall be only upon a majority vote of the ethics board, in accordance with the rules of procedure, and enforcement shall be through any of the sanction options listed herein.

(h) Officers. At the first meeting of each fiscal year the ethics board shall select from among its members a chairperson, vice-chairperson and secretary.

(i) Rules of procedure. The ethics board shall adopt rules of procedure governing how to conduct meetings and hearings. Such procedural rules are subject to confirmation or modification by the city council. A quorum shall consist of a majority of the entire membership of the board, and any issue to be voted on shall be resolved by a majority of the board. The chairperson shall be entitled to vote upon any question but shall have no veto power.

(j) Legal consultation. The city attorney shall furnish the ethics board legal assistance necessary in carrying out its functions unless alternate counsel is obtained in accordance with article VIII of this chapter.

(k) Removal. The city council may, by a majority vote, remove a member of the ethics board for cause. Justifications warranting removal for cause shall include neglect of duty, incompetence, gross ignorance, inability or unfitness for duty, or disregard of the Code of Ordinances, including, but not limited to, section 2-803.

(Ord. No. 16,154, § 1, 6-12-25)

The fees set out in the table below are adopted for the city services outlined herein:

(1) Planning services. Any person applying to the city for a permit or approval for the following planning services shall pay to the city, prior to the issuance of the permit or obtaining an approval, the fee as indicated hereinbelow:

(2) Development services. Any person applying to the city for a permit shall pay to the city, prior to the issuance of the permit, a permit fee for any improvement based upon the following schedules. If work for which a permit is required by this Code is commenced prior to obtaining the required permit, the fees specified in this subsection shall be doubled. The payment of this fee shall not relieve any person from any penalties or enforcement action arising from a person's failure to timely obtain the requisite permit.

a. Building permit: Commercial.

*The calculation of the improvement value shall be made upon the basis of the fair market value of the required materials, services and labor performed in a workmanlike manner.

b. Commercial electrical, plumbing, and mechanical.

*The calculation of the valuation of work to be done shall be made upon the basis of the fair market value of the required materials, services and labor performed in a workmanlike manner.

c. Building permit: Residential new construction (includes MEP permit fees).

d. Residential electrical, plumbing, and mechanical permits.

e. Miscellaneous permits/fees.

f. Plan review and inspection fees.

(3) Fire services. Any person applying to the city for a permit or approval for the following fire services shall pay to the city, prior to the issuance of the permit or obtaining an approval, the fee as indicated hereinbelow:

Provided, however, a church, school, school organization, hospital, governmental entity, or a non-profit corporation organized under the Texas Non-Profit Corporation Act, V.T.C.S. art. 1396-1.01 et seq., shall not be subject to these fees for fire services.

(4) Parks and recreation services.

a. The following fees shall be applicable to the Pirates Bay Water Park:

b. The following fees shall be applicable to Calypso Cove:

c. The following fees shall be applicable to Town Square:

d. The following fees shall be applicable to the Clubhouse at Evergreen Park:

(5) Emergency management services.

(6) Engineering services.

*The ROW permit fee does not apply to the city's existing utility franchisees or to entities exempt by law from payment of a right-of-way work permit fee (including their contractors).

(7) City clerk services.

(8) Public affairs services. The following fees shall be applicable to the Baytown Entrepreneurial Center:

(9) Public safety services. The following fees shall be applicable to alarm systems:

(Ord. No. 11,293, § 1, 1-28-10; Ord. No. 11,437, § 1, 9-9-10; Ord. No. 11,502, § 1, 11-23-10; Ord. No. 11,789, § 1, 11-10-11; Ord. No. 11,803, § 1, 11-21-11; Ord. No. 11,866, § 5, 2-23-12; Ord. No. 12,254, § 1, 5-23-13; Ord. No. 12,561, § 1, 6-12-14; Ord. No. 12,875, § 3, 5-28-15; Ord. No. 12,986, §§ 1—4, 10-8-15; Ord. No. 13,027, § 1, 11-16-15; Ord. No. 13,558, § 1, 8-24-17; Ord. No. 13,654, §§ 1, 2, 12-14-17; Ord. No. 13,693, § 1, 2-8-18; Ord. No. 13,750, § 1, 4-26-18; Ord. No. 13,757, § 1, 4-26-18; Ord. No. 13,951, § 1, 11-19-18; Ord. No. 14,093, § 1, 6-13-19; Ord. No. 14,303, § 1, 1-9-20; Ord. No. 14,351, § 1, 3-12-20; Ord. No. 14,422, § 1, 6-25-20; Ord. No. 15,313, § 1, 12-8-22; Ord. No. 16,062, § 1, 2-13-25, eff. 4-1-25; Ord. No. 16,403, § 1, 2-26-26)

(a) The charges for public information shall be as follows:

(1) Standard paper copy. The charge for standard paper copies reproduced by means of an office machine copier or a computer printer is $0.10 per page or part of a page. Each side that has a printed image is considered a page.

(2) Nonstandard copy. The charges for nonstandard copies are:

a. Diskette—$1.00;

b. Magnetic tape—Actual cost;

c. Data cartridge—Actual cost;

d. Tape cartridge—Actual cost;

e. Rewritable CD (CD-RW)—$1.00;

f. Non-rewritable CD (CD-R)—$1.00;

g. Digital video disc (DVD)—$3.00;

h. JAZ drive—Actual cost;

i. Other electronic media—Actual cost;

j. VHS video cassette—$2.50;

k. Audio cassette—$1.00;

l. Oversize paper copy (e.g.: 11 inches by 17 inches, greenbar, bluebar, not including maps and photographs using specialty paper—See also § 111.69 of this title)—$0.50;

m. Specialty paper (e.g.: Mylar, blueprint, blueline, map, photographic—Actual cost.

All other charges not specifically mentioned in this subsection shall be the same as those provided in the schedule of fees adopted by the state general services commission in 1 T.A.C. §§ 111.61—111.70; and the definitions and procedures contained in such subsections are hereby adopted by the city.

(b) In addition to these charges, the city shall add any postal-related expenses that may be necessary to transmit the reproduced documents to the requesting party.

(c) The charge for judicial records shall be the same as those specified in subsection (a) of this section for copies of public information.

(d) The charges for copies of birth and death certificates shall be the same fee as charged by the state bureau of vital statistics plus a $1.00 fee per certificate for vital statistics training and document preservation, safety and security.

(e) The charge for duplicate originals or a certified copy of a release given by the city shall be $25.00.

(f) The charge for a certificate showing the amount of delinquent taxes, penalties and interest due the city on a property according to the city's current tax records shall be $10.00 per certificate per property.

(g) The charge for police accident reports shall be $6.00 each. Such copy may be certified for an additional fee of $2.00.

(h) Unless specified otherwise in this section, the charge for certified copies of public information and judicial records shall be $5.00.

(i) Personnel charges in excess of 36 hours. Notwithstanding any provision contained herein to the contrary, any requestor of public information will be charged personnel costs in accordance with V.T.C.A., Government Code, § 552.275 for all time in excess of 36 hours spent by personnel of the city in producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor during a 12-month period commencing on October 1 of each year. The public information officer designated in section 2-691 is delegated all duties of the city council in V.T.C.A., Government Code, § 552.275.

(Code 1967, § 2-120; Ord. No. 1046, § 1, 10-8-70; Ord. No. 1175, § 1, 2-15-72; Ord. No. 2353, § 1, 10-27-77; Ord. No. 3282, § 1, 12-10-81; Ord. No. 3843, § 1, 5-10-84; Ord. No. 4342, § 1, 12-12-85; Ord. No. 4826, § 1, 9-24-87; Ord. No. 4837, § 1, 10-5-87; Ord. No. 5351, § 1, 9-14-89; Ord. No. 6003, § 1, 9-26-91; Ord. No. 6706, § 1, 7-22-93; Ord. No. 7382, §§ 1, 2, 8-24-95; Ord. No. 10,296, § 1, 3-23-06; Ord. No. 10,739, § 3, 10-25-07; Ord. No. 11,611, §§ 1—5, 3-24-11; Ord. No. 11,974, § 1, 6-28-12)

(a) In accordance with Vernon's Ann. C.C.P. art. 45.203(c), the judge of the municipal court shall assess and collect a fine of $25.00 for an offense under V.T.C.A., Penal Code § 38.10(e) or under V.T.C.A., Transportation Code § 543.009.

(b) The judge of the municipal court shall require the person requesting a driving safety course under V.T.C.A., Transportation Code §§ 543.102—543.104 to pay a fee of $10.00 prior to deferral to cover part of the cost of administering this section.

(Code 1967, § 1-5(c), (d); Ord. No. 4806, § 1, 9-24-87; Ord. No. 4835, § 1, 10-5-87; Ord. No. 5684, § 1, 10-23-90; Ord. No. 14,349, § 2, 3-12-20)

In addition to any other authorized penalty or interest, there is hereby established a processing fee of $30.00 per occurrence for all checks, drafts, debit or credit card, on-line payments, automated clearing house, Internet processes, or other electronic transmissions or instruments tendered to the city as payment for amounts owed to the city which are returned unpaid or underpaid, incorrect information submitted electronically, or submitted through the city depository as uncollected funds, excluding depository or city staff error or omission.

(Ord. No. 10,366, § 1, 7-27-06; Ord. No. 10,366, § 1, 7-27-06; Ord. No. 11,308, § 1, 2-25-10)

The city may refuse to accept for a six-month period any method of payment other than United States currency or coin, certified checks or cashier's checks in the event the payor has presented a check, draft or instrument returned unpaid to the city by the city's depository.

(Ord. No. 10,366, § 2, 7-27-06; Ord. No. 10,366, § 2, 7-27-06)

Establishment of credit card processing fee. Whenever in this Code or in any ordinance of the city, a utility charge, fee, fine, penalty or other charge is established, the city may accept credit card payments for any such payment owed to the city. A processing fee of four percent of the total transaction amount is hereby established and shall be assessed each time a credit card is used to make payment for utility services, permit fees, license fees, and any other municipal fees, fines, costs, or other charges owed to the city.

(Ord. No. 15,954, § 1, 10-24-24)

All abandoned, stolen or recovered property of every kind, including motor vehicles, but excluding property subject to forfeiture, whiskey, wine and beer, seized by any peace officer which is not held as evidence to be used in any pending case and has not been ordered destroyed or returned to the person entitled to possession of the property by a magistrate which shall remain unclaimed with the police department for a period of 30 days without being claimed or reclaimed by the owner, whether known or not, may be sold or disposed of as provided in this division.

(Ord. No. 647, § 1, 2-7-62; Code 1967, § 17-5; Ord. No. 7567, § 1, 11-9-95)

The chief of police shall give to the director of finance a list of all property subject to sale or disposition pursuant to this division and shall thereafter deliver such property, except motor vehicles, to the director of finance before the date of the sale and shall take a receipt from him, showing in detail all property so delivered. Motor vehicles shall be kept by the chief of police until a sale has been made.

(Ord. No. 647, § 2, 2-7-62; Code 1967, § 17-6; Ord. No. 7567, § 2, 11-9-95)

(a) The director of finance shall mail a notice by certified mail to the last known address of the owner of the property held pursuant to this division. Such notice shall describe the property being held, shall give the name and address of the officer holding the property, and shall state that if the owner does not claim the property within 90 days from the date of the notice the property will be disposed of and the proceeds, after deducting the reasonable cost of keeping the property and selling it, shall be placed in the general fund of the city.

(b) If the property has a fair market value of $500.00 or more and the owner or the address of the owner is unknown, the director of finance shall cause to be published in the official newspaper of the city a general description of the property held, the name of the owner if known, the name and address of the officer holding the property, and a statement that if the owner does not claim the property within 90 days from the date of publication the property will be disposed of and the proceeds, after deducting the reasonable cost of keeping the property and selling it, shall be placed in the general fund of the city.

(c) Twenty-one days' notice of the time and place of the sale and a descriptive list of the property and motor vehicles or both to be offered for sale shall be posted at the city hall, shall be published in the official newspaper of the city and a copy thereof shall be sent by registered mail to the last known address of the owner if the name of the owner is known to the director of finance.

(Ord. No. 647, § 3, 2-7-62; Code 1967, § 17-7; Ord. No. 7567, § 3, 11-9-95)

(a) After the notice has been issued pursuant to section 2-648, the property shall then be offered for sale at public auction or in a bidding procedure approved by the city manager, whichever in his opinion would be more advantageous to the city. The property shall be offered for sale for each piece of property separately or assembled in lots, except that motor vehicles shall be sold separately.

(b) The sale shall be conducted at the place and hour designated in the published notice, and all sales shall be for cash.

(Ord. No. 647, §§ 3, 4, 2-7-62; Code 1967, §§ 17-7, 17-8)

(a) Under this division, the director of finance shall conduct the sale, and he shall keep accurate statements of each article or motor vehicle sold and the price bid and paid. The director of finance shall make a complete report in writing to the city manager of the time, place and manner of conducting the sale and all funds received.

(b) If the abandoned or unclaimed personal property is money, the director of finance, after giving notice as set out in section 2-648, may deposit the money in accordance with section 2-651 without conducting the sale as provided in this division.

(c) If the property has a fair market value of less than $500.00 and the owner or the address of the owner is unknown or the property remains unclaimed for more than 90 days after notice by certified mail or publication, the director of finance may sell the property or, upon request by the chief of police, may donate the property to a tax-exempt organization or nonprofit corporation.

(d) If the requirements of this division have been met and the property is scheduled for disposition, the director of finance may release the property to the chief of police upon the chief's request to have the property converted to police department use.

(Ord. No. 647, § 5, 2-7-62; Code 1967, § 17-9; Ord. No. 7567, § 4, 11-9-95)

(a) The director of finance is required to place all funds received by him under the sale conducted pursuant to this division to the credit of the general fund to be thereafter disbursed as the city council shall order.

(b) If the abandoned property is a motor vehicle, the funds received from such sale shall be deposited in accordance with section 34-98.

(Ord. No. 647, § 6, 2-7-62; Code 1967, § 17-10; Ord. No. 7567, § 5, 11-9-95)

(a) Under this division, any property that has been listed and offered for sale for which no price or sum has been offered, if deemed in the opinion of the director of finance to be worthless and without value, shall be disposed of in such manner as the director of finance shall prescribe. The description of all property destroyed or disposed of by the director of finance as worthless or without value shall be reported to the city council, together with the date and manner of disposal.

(b) If the director of finance shall consider any bid as insufficient, he need not sell the property, but may decline the bid and reoffer the property for sale.

(Ord. No. 647, § 7, 2-7-62; Code 1967, § 17-11; Ord. No. 7567, § 6, 11-9-95)

(a) Except as provided in section 2-665 of this Code or subsection (b) of this section, no contract shall be let, nor any other business transaction entered into, by the city with any contracting entity that is indebted to the city or whose owner is indebted to the city.

No city contract shall be amended or extended if the contracting entity or any owner thereof has become indebted to the city since the inception of the contract unless such indebtedness is fully paid prior to any council action to amend or extend such contract.

(b) Exception. Subsection (a) of this section shall not apply to any contract if prohibited by the provisions of V.T.C.A., Local Government Code chapter 252, or by any other applicable state or federal law, rule or regulation restricting the power of the city to promulgate the policy set forth herein; provided however, that when a contract or other business matter that requires council action is placed before city council, regardless of the applicability of subsection (a), the city council shall be notified in writing whether a proposed contracting entity or owner thereof, if applicable, is indebted to the city.

(Ord. No. 11,268, § 1, 12-10-09; Ord. No. 16,168, § 1, 6-26-25)

The following terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Affidavit shall mean a sworn statement containing the full name of the proposed contracting entity, including the assumed name of a person or sole proprietor doing business under such assumed name, and the business and residence addresses of all persons who own five percent or more of a contracting entity, where applicable, or, where a contracting entity is a non-profit corporation, the full names and the business and residence addresses of all officers of the non-profit corporation.

Contracting entity shall mean a person, whether acting as an individual or operating as a sole proprietorship, corporation, non-profit corporation, partnership, joint venture, limited liability company, or other entity, regardless of the form of its organization, that seeks to enter into a contract that requires approval by the city council, but shall exclude governmental entities.

Director shall mean the director of finance.

Debt shall mean any delinquent sum of money in an amount greater than $100.00 levied, imposed or assessed against any contracting entity, or owner thereof, by the city, including those for ad valorem taxes on real or personal property located within the boundaries of the city.

Debtor shall mean a contracting entity or owner thereof if the contracting entity is other than a person doing business as an individual or sole proprietorship, that owes a debt to the city, as shown by city records.

Delinquent shall mean past due, unpaid and no longer subject to challenge, protest or appeal, as those processes are described in the Texas Tax Code.

Indebted shall mean owing a debt to the city without regard to ability or inability to pay the same, where the amount is delinquent, provided that a debtor who remains current on all obligations of an installment agreement executed by the debtor regarding a debt shall not be deemed indebted for purposes of this division.

Initiating director shall mean the director of the department responsible for a matter that is intended to, or does, result in the making of a contract or entry into another business transaction between a contracting entity and the city.

Owner shall mean, with respect to a contracting entity, an individual contractor in his or her own name or as a sole proprietorship, and as to a contracting entity other than an individual or person operating as a sole proprietorship, any person who owns five percent or more thereof, or, in the case of a non-profit corporation, any officer of the non-profit corporation.

(Ord. No. 11,268, § 1, 12-10-09)

(a) All proposals or other information submitted to the city in connection with any proposed contract, transaction, project or matter shall include an affidavit. Contracts typically awarded without the submission of a proposal, including but not limited to, contracts for engineering and architectural services, shall be subject to this section and shall not be finally approved by the city council until a determination as to any indebtedness of the contracting entity or any owner thereof to the city has been made as provided in this section.

(b) Any failure to submit the affidavit(s) required by subsection (a) shall constitute grounds for rejection or non-consideration of such proposal or other information. It shall be the duty of the initiating director to ascertain that the affidavit has been properly prepared and submitted.

(c) Upon the initiating director's determination of the contracting entity to be recommended for the award of a contract, copies of affidavit(s) submitted by such entity shall be promptly forwarded by the initiating director to the director.

(d) Upon receipt of an affidavit, the director shall immediately investigate whether the recommended contracting entity or any owner thereof is indebted to the city and, if so, determine insofar as possible with the information provided, whether such indebtedness is then under active protest, challenge or appeal by such debtor.

(e) The director shall certify in writing to each initiating director whether, based on the best information available, a recommended contracting entity is indebted to the city and, if so, the amount of such debt. The initiating director shall immediately forward a copy of the director's certificate to each affected contracting entity, together with the telephone number of the delinquent tax collection attorney, or a contact in the director's office, by which a debtor may confirm the information in such certificate as well as the address to which an appeal is to be filed under section 2-664 of this Code. The director's certificate will be deemed to have been received by the contracting entity within three business days after its deposit in the U.S. mail by the initiating director.

(f) Should the director fail to produce the certificate required by subsection (e) within ten business days from receipt of an affidavit, the affected contracting entity and all owners thereof will be deemed not to be indebted to the city for purposes of this division only.

(g) If the debt shown in the director's certificate is paid, the receipt or other written proof of payment shall be delivered to the director who shall immediately issue a new certificate to the initiating director confirming such payment.

(h) When an award or other transaction is ready to be submitted to the city council for action, the initiating director shall forward to the city clerk the director's certificate or the certificate of the three-member panel sustaining a debtor's protest, challenge or appeal, as applicable, along with all related affidavit(s).

(Ord. No. 11,268, § 1, 12-10-09)

(a) Any debtor shall have the right to appeal the director's certificate under subsection 2-663(e) of this Code by filing a written statement requesting a hearing. The debtor's written statement must set forth fully the basis for any appeal and be accompanied by all documentation relied upon in support thereof. Delivery of such request for hearing may be effected by personal delivery to the office of the initiating director or by mail, postage prepaid, to the initiating director but must be received by the initiating director within five business days after the debtor's receipt of the director's certificate.

(b) A hearing under subsection (a) shall be conducted by a three-member panel consisting of the director of finance, the city clerk and the initiating director within five business days following the initiating director's receipt of a written request for such hearing. Notice of the three-member panel's decision in an appeal shall be given to the initiating director and affected contracting entity in writing by deposit in the U. S. mail within five business days after such decision. The determination of the three-member panel shall be final.

(Ord. No. 11,268, § 1, 12-10-09)

(a) The policy and procedures set forth in this division do not apply in the following instances:

(1) Public emergency or calamity;

(2) Purchase of goods or services available only from a single source, including the lease of any personal property or equipment by the city;

(3) Circumstances in which the amount of the indebtedness is insignificant in relation to the economic or other benefit or harm that may result from the application of the policy, as determined by the three-member panel described in subsection 2-664(b) of this Code;

(4) Pending bankruptcy of an indebted owner or contracting entity;

(5) Concluded bankruptcy of an indebted owner or contracting entity in which the debt was legally discharged;

(6) Memberships purchased by the city;

(7) Condemnation awards;

(8) Property acquisitions, including the lease of any real property to or by the city, excluding any lease of city-owned property below fair market rental;

(9) Purchase of property, casualty or other insurance by the city; or

(10) Banking or other depository contracts.

(b) This policy may also be waived as to other matters where city council deems it to be in the city's interest.

(Ord. No. 11,268, § 1, 12-10-09)

The city clerk is hereby designated as the public information officer for the city and is authorized to receive electronic mail or facsimile requests for public information pursuant to the Texas Public Information Act.

(Ord. No. 8797, § 1, 1-13-00)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commission means the state library and archives commission.

Custodian means the appointed or elected public officer who by the state constitution, state law, ordinance or administrative policy is in charge of an office that creates or receives local government records. For the purpose of this division, a custodian is a department head, under the administration of the city manager or the city council, who is responsible for all records in his department.

Director and librarian means the executive and administrative officer of the state library and archives commission.

Essential record means any local government record necessary to the resumption or continuation of government operations in an emergency or disaster, to the re-creation of the legal and financial status of the city, or to the protection and fulfillment of obligations to the people of the state.

Local government record means any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under state law, that is created or received by local city government offices or any of the city's officers or employees pursuant to law, including an ordinance, or in the transaction of public business are declared to be records of the city and shall be created, maintained and disposed of in accordance with this division and the public records act, V.T.C.A., Government Code § 552.001 et seq. The term does not include:

(1) Extra identical copies of documents created only for convenience of reference or research by city officers or employees;

(2) Notes, journals, diaries and similar documents created by a city officer or employee for the employee's personal convenience;

(3) Blank forms;

(4) Stocks of publications;

(5) Library and museum materials acquired solely for the purposes of reference or display; or

(6) Copies of documents in any media furnished to members of the public to which they are entitled under V.T.C.A., Government Code § 552.001 et seq. or other state law.

Office means any office, department, division, program, commission, bureau, board, committee or similar entity of the city.

Permanent record means a record of permanent value, or any local government record for which the retention period on a records retention schedule issued by the commission is given as permanent.

Record means a record of the city.

Records control schedule means a document prepared by or under the authority of a records management officer listing the records maintained by the city, their retention periods and other records disposition information that the records management program in the city or that state law may require.

Records management means the application of management techniques to the creation, use, maintenance, retention, preservation and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of records control schedules; the management of filing and information retrieval systems; the protection of essential and permanent records; the economical and space-effective storage of inactive records; the control over the creation and distribution of forms, reports and correspondence; and the management of micrographics and electronic and other record storage systems.

Records retention schedule means a document issued by the commission establishing mandatory retention periods for local government records.

Retention period means the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction.

(Code 1967, § 2-8(a); Ord. No. 3702, § 1, 10-6-83; Ord. No. 5540, § 1, 5-24-90)

(a) This division provides for the proper and efficient management of the municipal records of the city.

(b) Since the citizens of the city have a right to expect efficient and cost-effective government and recognizing the importance of local government records in the lives of all citizens, the efficient management of city records is necessary to the effective and economic operation of the city, the preservation of records of permanent value is necessary to provide the people of the state with resources concerning their history and to document their rights of citizenship and property and the establishment of uniform standards and procedures for the maintenance, preservation, microfilming or other disposition of city records is necessary to fulfill the higher public purpose.

(Code 1967, § 2-8(c); Ord. No. 3702, § 1, 10-6-83; Ord. No. 5540, § 1, 5-24-90)

The office of city clerk is authorized to establish and administer the records management program for the city, pursuant to legal, fiscal, administrative and archival requirements, and the city clerk is named records management officer. To this end the city clerk will implement but not be limited to a program to encompass such areas of records management as are required to preserve and keep in order all books, papers, documents, records and files of the city council and of the executive departments to achieve the following results:

(1) Release space and reduce the need for storage and filing equipment;

(2) Establish an efficient retrieval operation for both active and inactive municipal records;

(3) Provide for routine disposition of paperwork;

(4) Maintain total security over municipal records; and

(5) Communicate the need for an effective records management program.

(Code 1967, § 2-8(b); Ord. No. 3702, § 1, 10-6-83; Ord. No. 5540, § 1, 5-24-90)

All local government records, as defined in section 2-716, are declared to be the property of the city. No city official or employee has, by virtue of his position, any personal or property right to such records, even though he may have developed or compiled them. The unauthorized destruction, removal from files or use of such records is prohibited.

(Code 1967, § 2-8(d); Ord. No. 3702, § 1, 10-6-83; Ord. No. 5540, § 1, 5-24-90)

It is declared to be the policy of the city to provide for efficient, economical and effective controls over the creation, distribution, organization, maintenance, use and disposition of all city records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition.

(Code 1967, § 2-8(e); Ord. No. 3702, § 1, 10-6-83; Ord. No. 5540, § 1, 5-24-90)

Under this division, the records management officer shall have the following duties and others as assigned by the city council and as provided by state law:

(1) Assist in establishing and developing policies and procedures for a records management program for the city, which program shall include basic files management and records disposition policies, systems, standards and procedures;

(2) Administer the records management program and provide assistance to custodians for the purposes of reducing the costs and improving the efficiency of recordkeeping;

(3) In cooperation with the custodians of the records:

a. Prepare and file with the director and librarian before January 4, 1999, the records control schedules and the list of obsolete records required by the Local Government Records Act;

b. Prepare and file with the director and librarian amended schedules as needed to reflect new records created or received by the city; and

c. Prepare or direct the preparation of requests for authorization to destroy records not on an approved control schedule as provided by the public records act, of requests to destroy the originals of permanent records that have been microfilmed and of electronic storage authorization requests;

(4) In cooperation with custodians, identify and take adequate steps to preserve city records that are of permanent value;

(5) In cooperation with custodians, identify and take adequate steps to protect essential city records;

(6) In cooperation with custodians, ensure that the maintenance, preservation, microfilming and destruction of records is carried out in accordance with the policies and procedures of the city's records management program and requirements of state law;

(7) Provide records management advice and assistance to all city offices and departments by preparation of manuals of procedure and policies and by on-site consultation;

(8) Carry out destruction and transfers that are required by records schedules and carry out microphotography tasks when staff and a central facility becomes available;

(9) Design and manage the operations of a records center for the low-cost storage of inactive records;

(10) Develop a citywide forms design and control system;

(11) Establish, in cooperation with other responsible city officials, a disaster plan for each city office and department to ensure maximum availability of records for reestablishing operations quickly and with minimum disruption and expense;

(12) Bring to the attention of the city manager any office not in compliance with laws or ordinances regarding public access to information or protection of privacy;

(13) Disseminate to the city council and custodians information concerning state laws, administrative rules and the policies of the city relating to local government records through a records manual, which may be amended from time to time, and other means of communication; and

(14) In cooperation with custodians, establish procedures to ensure that the handling of records in any context of the records management program by the records management officer or those under the officer's authority is carried out with due regard for the duties and responsibilities of custodians that may be imposed by law and the confidentiality of information in records to which access is restricted by law.

(Code 1967, § 2-8(f); Ord. No. 3702, § 1, 10-6-83; Ord. No. 5540, § 1, 5-24-90)

Under this division, the city council shall:

(1) Establish, promote and support an active and continuing program for the efficient and economical management of all city records;

(2) Cause policies and procedures to be developed for the administration of the program under the direction of the records management officer;

(3) Facilitate the creation and maintenance of city records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the city and designed to furnish the information necessary to protect the legal and financial rights of the city, the state and persons affected by the activities of the city government;

(4) Facilitate the identification and preservation of city records that are of permanent value;

(5) Facilitate the identification and protection of essential city records;

(6) Cooperate with the commission in its conduct of statewide records management surveys; and

(7) Review of a records control schedule or amended schedule by the officers of the city as it considers necessary.

(Code 1967, § 2-8(g); Ord. No. 3702, § 1, 10-6-83; Ord. No. 5540, § 1, 5-24-90)

Under this division, custodians of records in the city shall:

(1) Cooperate with the records management officer in carrying out the policies and procedures established by the local government for the efficient and economical management of records and in carrying out requirements under the public records act;

(2) Adequately document the transaction of city business and the services, programs and duties for which the custodian and the custodian's staff are responsible;

(3) Maintain the records in the custodian's care and carry out their preservation, microfilming, destruction or other disposition only in accordance with the policies and procedures of the city's records management program and the requirements of V.T.C.A., Local Government Code § 204.001 et seq. and rules adopted thereunder; and

(4) Designate records officers within their offices and provide the records management officer the names of the designees and all persons working under their supervision, such records officers to report directly to the custodian in their respective departments on matters relating to the records management program and to have full access to all files in their respective departments.

(Code 1967, § 2-8(h); Ord. No. 3702, § 1, 10-6-83; Ord. No. 5540, § 1, 5-24-90)

State law relating to the duties, other responsibilities or recordkeeping requirements of a custodian of local government records does not exempt the custodian or the records in the custodian's care from the application of this division and rules adopted by the state under V.T.C.A., Local Government Code § 204.001 et seq., the Local Government Records Act, and may not be used by the custodian as a basis for refusal to participate in the city records management program, the establishment of which is required by state law.

(Code 1967, § 2-8(i); Ord. No. 3702, § 1, 10-6-83; Ord. No. 5540, § 1, 5-24-90)

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Microfilm means roll microfilm, microfiche and all other formats produced by any method of microphotography or other means of miniaturization on film.

Microfilming means the methods, procedures and processes used to produce roll microfilm, microfiche or other microphotographic formats.

(b) Standards. Under this division, all microfilming activities by custodians must be carried out on or after April 1, 1990, under rules established by the commission, which rules will establish standards and procedures for the microfilming of city records under V.T.C.A., Local Government Code § 204.001 et seq. All microfilm produced before June 1, 1990, under law prior to the public records act, is validated to the extent the microfilm was produced in the manner and according to the standards prescribed by prior law.

(c) Effect of state law. All city procedures and materials used for microfilm and microfilming city records shall be done and acquired under the aegis of state law, and the city will be subject to all the laws, rules, standards and procedures as outlined in V.T.C.A., Local Government Code § 204.001 et seq.

(Code 1967, § 2-8(j); Ord. No. 3702, § 1, 10-6-83; Ord. No. 5540, § 1, 5-24-90)

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Electronic storage means the maintenance of local government record data in the form of digital electronic signals on a computer hard disk, magnetic tape, optical disk or similar machine-readable medium.

Source document means the local government record from which local government record data is obtained for electronic storage. The term does not include backup copies of the data in any media generated from electronic storage.

(b) Storage requirements. Any city record data may be stored electronically in addition to or instead of source documents in paper or other media, subject to the requirements of V.T.C.A., Local Government Code § 204.001 et seq. and rules adopted under it.

(c) Standards and procedures. The city will be subject to rules established by the commission for standards and procedures for electronic storage and will be subject to V.T.C.A., Local Government Code § 205.001 et seq.

(Code 1967, § 2-8(k); Ord. No. 3702, § 1, 10-6-83; Ord. No. 5540, § 1, 5-24-90)

(a) All persons desiring to have the city exercise its powers regarding abandoning, altering, closing and vacating of streets, alleys and other public ways and portions thereof shall file their petition with the city clerk, in writing, directed to the city council. Such petition shall contain a description of the street, alley or portion thereof, as the case may be, and attached to the request shall be a list of all owners abutting the street, alley or portion thereof, together with the last known address of all such owners. If all abutting property owners do not join in the petition, a statement shall be attached to the request showing the reason for nonparticipation of those who have not signed. The city clerk shall make the city tax rolls available to any petitioner under this article for the purpose of determining the names and addresses of all abutting property owners, and the tax rolls shall be conclusive as to the names of the abutting property owners for the purposes of this article.

(b) Upon the filing of such request and the fee as provided in this section, the city clerk shall mail notices of the request and release forms by certified mail, return receipt requested, to all abutting property owners. Any person filing such petition shall pay the abandonment application fee as prescribed [in] section 2-595 upon filing the application. The requirements of this subsection shall apply equally to section 2-767 concerning the abandonment of easements.

(c) If the petition requests that only a portion of a through street, alley or public way which is open to public access from either direction is to be abandoned, altered, closed or vacated, it shall be necessary for the petitioner to provide the city clerk with the names and last known mailing addresses of all abutting property owners both for the portion to be closed and for that portion which is to remain open in either direction up to the next intersection with another street, alley or public way. Notices and release forms will be mailed to all such abutting property owners for the closed and open portions of the street, alley or public way as provided in subsection (b) of this section.

(d) The proposed action by the city council shall be placed on the agenda for the next public meeting of the city council after the filing of the petition or such public meeting as the city council may set, provided that at least ten days have elapsed from the date the request is filed until the date of the meeting in order to allow sufficient time for the mailing of notices and release forms to the abutting property owners.

(e) Streets or alleys, whether owned in fee or used by easement, may be sold to the abutting owners, in proportion to the underlying fee ownership as exists or would exist if by easement. When ownership is of the underlying fee, the apportionment shall be determined by the city council, which determination will be final. Upon the payment of a fee of $100.00 or the appraised market value of the street or alley based on not less than one appraisal, whichever is greater, and after abandonment of street or alley, the city will deliver a quitclaim deed to the owners of the fee simple title thereto or abutting owners. The determination of the market value of any street or alley as fixed by the city council shall be final.

(f) This section shall not be construed to give any person the vested right to compel the city to abandon or vacate a street or alley.

(Code 1967, § 26-50; Ord. No. 2868, § 1, 4-10-80; Ord. No. 3028, § 1, 11-13-80; Ord. No. 12,986, § 5, 10-8-15)

Note— It should be noted that § 5 of Ord. No. 12,986, adopted Oct. 8, 2015, has an effective date of Jan. 1, 2016.

(a) Upon the payment of a fee of $100.00 or the appraised market value of the easement based on not less than one appraisal, whichever is greater, and after abandonment of the easement, the city will deliver a quitclaim deed to the owners of the fee simple title thereto. The determination of market value of any easement as fixed by the city council shall be final.

(b) This section shall not be construed to give any person the vested right to abandon or dispose of any easement.

(Code 1967, § 26-51; Ord. No. 2868, § 1, 4-10-80)

(a) Any land owned by the city, other than land provided for in this article, determined not to be needed for city purposes shall be advertised and may be sold, rented or leased to the highest bidder upon authorization of the city council. However, the selling price shall never be for less than the market value of such land as determined by the city council.

(b) The city council retains the right to reject any and all bids.

(Code 1967, § 26-52; Ord. No. 2868, § 1, 4-10-80)

It is found and declared that accepting a position as a public official carries with it the acceptance of trust that the official will work to further the public interest. Maintaining that public trust is critical to the continued operation of good government. In addition, public decision-making should be open and accessible to the public at large.

To preserve this public trust, there are five principles to which public officials should adhere. The following list conveys the city council's expectations for city officials. These expectations are aspirational, and shall not serve as the basis for a complaint.

(1) A city official should represent and work towards the public interest and not towards private/personal interests;

(2) A city official should accept and maintain the public trust (i.e., must preserve and enhance the public's confidence in their public officials);

(3) A city official should exercise leadership, particularly in the form of consistently demonstrating behavior that reflects the public trust;

(4) A city official should recognize the proper role of all government bodies and the relationships between the various government bodies; and

(5) A city official should always demonstrate respect for others and for other positions.

(Ord. No. 11,072, § 2, 2-26-09; Ord. No. 16,155, § 1, 6-12-25)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City board shall mean the city council or a board, commission, task force, committee or subcommittee of the city, whether elected, appointed, paid or unpaid, which has regulatory authority or decision-making authority that is more than merely advisory.

City official or official means the mayor, a member of the city council, a member of a city board, the city manager, the municipal court judge, and associate municipal court judges.

Ethics board means that board established in article IV, division 14 of this chapter.

(Ord. No. 11,072, § 2, 2-26-09; Ord. No. 11,562, § 1, 1-27-11; Ord. No. 16,155, § 1, 6-12-25)

No city official shall:

(1) Engage in conduct that would violate V.T.C.A., Local Government Code § 171.003;

(2) Engage in conduct that would violate V.T.C.A., Local Government Code § 212.017;

(3) Represent any person other than himself or the city, before the city board on which the city official sits or over which the city official has appointment or budgetary powers;

(4) Disclose or use in an unofficial capacity, confidential information acquired in the course of official duties, or engage in conduct that would violate V.T.C.A., Penal Code § 39.06;

(5) While acting in his official capacity, grant or influence the granting of any special consideration, advantage or favor to any person beyond that which is:

a. The general practice to grant or make available to the public at large;

b. The general practice in assisting other governmental entities;

c. The general practice in aiding or promoting the economic development of the city; or

d. Authorized through a variance, special exception or other similar exception provided for in this Code or by law;

(6) Engage in conduct that would violate V.T.C.A., Penal Code § 36.07;

(7) Engage in conduct that would violate V.T.C.A., Penal Code § 36.08;

(8) Make use of staff, vehicles, equipment, materials or property of the city except in the course of his official duties or as duly authorized by the proper city official, or engage in conduct that would violate V.T.C.A., Penal Code § 39.02(a)(2);

(9) Participate in the appointment, vote for appointment, or discussion of a person to a city board if such person is related to the city official in the first degree by consanguinity or affinity as determined under V.T.C.A., Government Code ch. 573;

(10) Use his position, directly or indirectly, to affect the city employment status of a person related to the city official in the first degree by consanguinity or affinity as determined under V.T.C.A., Government Code ch. 573;

(11) Receive a pecuniary gain in any sale or lease to the city of any real estate when the interest in real property from which the pecuniary gain is received was obtained under circumstances which would lead a reasonable person to expect that the city intended to purchase, condemn or lease said real estate;

(12) Remain in office contrary to section 13 of the Charter of the City of Baytown; or

(13) Fail to respond to a request for information or documentation by the ethics board or the investigating attorney acting on behalf of the ethics board, when the requested information is relevant to the ongoing investigation.

(Ord. No. 11,072, § 2, 2-26-09; Ord. No. 11,562, § 2, 1-27-11; Ord. No. 13,808, § 1, 7-12-18; Ord. No. 16,155, § 1, 6-12-25)

(a) A former city official shall not use or disclose confidential government information acquired during the member's service with the city. A former city official is not prohibited from disclosing information if:

(1) The information is no longer confidential;

(2) The information involves reports of illegal or unethical conduct and is disclosed to a law enforcement agency; or

(3) The disclosure is necessary to further public safety and is not otherwise prohibited by law.

(b) No former member of the city council may be employed by the city as the city manager, assistant city manager or department director within 12 months following the end of the former member's most recent term of office.

(Ord. No. 16,155, § 1, 6-12-25)

In any matter before a city board or in the award of a contract by a city board, a city official sitting on such board shall not, outside of that city board meeting, communicate with or accept a communication from a person, who is a party to the matter being considered or who represents such person, regarding such matter. If such communication should occur, this section will not be deemed violated if the city official discloses such communication at an open meeting of the city board on which he is a member prior to its consideration of the matter.

(Ord. No. 11,072, § 2, 2-26-09; Ord. No. 16,155, § 1, 6-12-25)

Any person who believes that a violation of any portion of section 2-803, standards of conduct, has occurred may file a written complaint through the city clerk's office. However, nothing in this article shall be construed to prevent complainants from instituting direct legal action through the appropriate administrative or judicial means.

(a) Form. Any person who believes that a violation of the standards of conduct set forth in section 2-803 has occurred may file a written complaint with the ethics board by submission of such complaint, on the designated form provided by the city, to the city clerk's office. The complaint must specify each subsection alleged to have been violated and must be sworn to before a notary public.

(b) Limitations period. A complaint must be filed by the later of 365 days after the date the violation is alleged to have occurred or 45 days after the alleged violation became known or reasonably should have been known.

(c) Acceptance of complaint. Within five business days of receiving a complaint, the city clerk shall determine if a complaint is administratively complete. A complaint is administratively complete if all sections of the form have been filled in as instructed on the form.

(1) If a complaint is administratively complete, the city clerk will send notice of the acceptance of the complaint within five business days of receipt of the complaint to the ethics board, complainant, city official, and the city attorney.

(2) If a complaint is not administratively complete, the city clerk will send notice that the complaint is not administratively complete to the complainant, within five business days of the determination.

(d) Certain complaints filed near an election. Complaints filed within 120 business days of an election against a city official who is a candidate for re-election, will be processed from the day after the votes are canvassed and a winner is declared.

(e) Confidentiality. A complaint that has been submitted to the city is deemed confidential until the time the complaint is either dismissed or scheduled for a determination hearing, unless otherwise required by law. A city official or employee may not reveal information relating to the filing or processing of a complaint, except as required for the performance of the official's or employee's official duties, or as required by law.

(f) Retaliation prohibited. A city official shall not intimidate or discourage any person from filing an ethics complaint or from testifying at a hearing before the ethics board.

(g) Other relief. Nothing in this article shall be construed to prevent complainants from instituting direct legal action through the appropriate administrative or judicial means.

(h) Legal consultation. The city attorney, after analyzing potential conflicts of interest, shall provide legal counsel to the city council and the ethics board through the complaint process and the determination. In the event that a conflict of interest prevents the city attorney from representing the city council, the city council will be notified of the conflict and may request alternate counsel. In the event that a conflict of interest prevents the city attorney from representing the ethics board, the ethics board will be notified of the conflict and may request the city council, in its sole discretion, appoint alternate counsel.

(Ord. No. 11,072, § 2, 2-26-09; Ord. No. 16,155, § 1, 6-12-25)

(a) Preliminary meeting and standard of conduct determination. Within ten business days of the ethics board receiving notice of an administratively complete complaint from the city clerk, the ethics board shall advise the city official in writing, that a complaint has been filed, his or her right to file a response to the complaint, and his or her right to representation as defined in section 2-807(e)(2), right to representation. The ethics board shall hold a preliminary meeting to determine whether the complaint alleges a violation of section 2-803, standards of conduct. The ethics board shall have the primary responsibility for investigations under this article and may, if necessary and agreed to by a majority of the ethics board, request the assistance of external legal counsel through city council.

(b) Evidence. At the preliminary meeting, the ethics board may direct staff to summon city officials, city employees, and city records, and may require the production of evidence for the determination hearing. Evidence may include exculpatory and mitigating information, as well as records, including statements of the parties, witnesses, and physical evidence. The ethics board may receive and consider testimony of the complainant, the city official, and other relevant witnesses. Only evidence or testimony directly related to the specific alleged violation of a standard of conduct set forth in section 2-803, standards of conduct, shall be considered relevant to the determination hearing.

(c) Action following preliminary meeting. At the conclusion of the preliminary meeting, the ethics board shall take one of the following actions:

(1) Dismiss the complaint;

(2) Set a date to hold a determination hearing; or

(3) Refer the complaint to another agency.

(d) Dismissal. In determining whether to dismiss a complaint, the ethics board shall adhere to the following:

(1) Standards of conduct. The ethics board shall dismiss a complaint if it determines that the complaint does not allege a violation of section 2-803. A written complaint that fails to allege a specific violation of the standards of conduct set forth in this article shall be dismissed.

(2) Frivolous complaints. The ethics board shall dismiss a complaint that it determines to be frivolous. In determining whether a complaint is frivolous, the ethics board shall consider the following factors:

a. Whether the complaint is made in bad faith;

b. Whether the complaint is brought for the purpose of harassment;

c. Whether the complaint has no basis in fact or law;

d. The timing of the complaint with respect to when the facts supporting the alleged violation become known or should have become known to the complainant, and with respect to the date of any pending election in which the city official is a candidate or is involved with a candidacy, if any;

e. The nature and type of any publicity surrounding the filing of the complaint, and the degree of participation by the complainant in publicizing the fact that a complaint was filed with the ethics board;

f. The existence and nature of any relationship between the city official and the complainant before the complaint was filed;

g. If the city official is a candidate for election to office, the existence and nature of any relationship between the complainant and any candidate or group opposing the city official;

h. Any evidence that the complainant knew or reasonably should have known that the allegations in the complaint were groundless; and

i. Any evidence of the complainant's motives in filing the complaint.

(3) Ex parte communications. The ethics board may dismiss a complaint if the complainant engages in ex parte communication with a member of the ethics board or city council. For purposes of this subsection, an "ex parte communication" is a communication between an ethics board or city council member and the complainant, or between an ethics board or city council member and the accused, regarding the subject matter of the complaint, outside of a properly called meeting of the ethics board or city council.

(4) Refusal to cooperate. The ethics board may dismiss a complaint if it determines that the complainant refuses to cooperate in the investigation or refuses to provide requested information to the ethics board or to the investigating attorney in a timely manner. Information submitted within three business days after the date on which the information was requested shall be considered timely.

(5) Time limitation. The ethics board shall dismiss a complaint that has been filed after the later of 365 days from the date on which the alleged conduct occurred or 45 days from the date on which the complainant knew or should have known about the alleged conduct.

(6) Existing litigation. The ethics board shall dismiss a complaint based on alleged conduct that serves as the basis for a complaint that, on or before the date on which the complaint is filed with the ethics board, has been submitted to a court, law enforcement, the district attorney's office, the Texas Ethics Commission, or another applicable state entity.

(e) Determination hearing. If the board decides to proceed with a determination hearing, the determination hearing shall be conducted on or within 30 business days of the preliminary meeting.

(1) Postponement. The ethics board may postpone a determination hearing for the following reasons:

a. Upon request from either the complainant or city official, for an extension not to exceed ten business days, if approved by the chairperson or vice-chairperson, as applicable;

b. After receiving a complaint, but before the determination hearing, the alleged conduct that serves as the basis for the complaint serves as the basis for a complaint that has been filed with a court, law enforcement, the district attorney's office, the Texas Ethics Commission, or another applicable state entity; or

c. After receiving a complaint, but before the determination hearing, the city official becomes a candidate in a city election, in which instance, consideration of the complaint will be addressed after the votes are canvassed and a winner is declared in the election.

(2) Right to representation. At the determination hearing, the complainant or the city official under investigation may be represented by a person, including an attorney, of the complainant's or city official's selection at the complainant's or city official's own cost.

If the city official under investigation choses representation by an attorney, the city council shall, in its sole discretion, determine whether the city will retain the attorney or whether the city official shall retain the attorney at the city official's own expense. This determination shall be made at the next regular meeting of the city council, or at a special meeting, following the conclusion of the preliminary meeting. In making a determination under this subsection, the city council shall consider whether the allegations and evidence presented at the preliminary meeting demonstrate a likelihood that, under traditional notions of official immunity and fairness, the city should bear the cost of the city official's representation. Further, at the conclusion of a proceeding under this article, if:

a. The city paid for all, or a portion of, the cost of the city official's representation and the city official is found to have violated any provision in section 2-803, the city official shall, within a reasonable period of time, not to exceed 365 days, reimburse the city for all costs associated with the representation; or

b. The city did not pay for all, or a portion of, the cost of the city official's representation and the city official is found to have not violated any provision in section 2-803, the city shall reimburse the city official for all reasonable costs associated with the representation in accordance with state law regarding the payment of attorneys' fees. Such reimbursement shall be made no later than 30 days after a request by the city official. Such request shall include itemized invoices, statements, or other billing documents, and proof of payment by the city official. It is intended by this subsection that the city official shall present the city with that same quantum of proof as would be of evidentiary value in a Texas court.

c. Prior to the city bearing the cost of a city official's representation, the city official must enter into a written agreement with the city promising to reimburse the city all costs of representation if the city official is found to have violated any provision in section 2-803.

(3) Exhibits, witness lists, and rebuttal. The complainant and city official must file their exhibits and witness lists with the city clerk at least ten business days before the date of the determination hearing. The complainant or the city official under investigation, or that person's representative, shall have at least seven business days to examine all documents and records to be used at the hearing before the date of the hearing. The complainant, official, or their representative, may use such records during the hearing and may bring witnesses and questions or refute any testimony or evidence.

(4) Presentation of evidence. At the determination hearing:

a. The city attorney or alternate counsel may provide legal advice to the ethics board;

b. The complainant or the complainant's representative shall present relevant evidence and testimony, including questioning and cross-examination of witnesses;

c. The city official or the city official's representative shall be entitled to present relevant evidence and testimony, including questioning and cross-examination of witnesses; and

d. The ethics board may call and question the complainant, the city official, and witnesses.

(f) Findings and recommendation. At the conclusion of a determination hearing, the ethics board may recommend that the city council take one of the following actions, as appropriate:

(1) Dismissal of the complaint;

(2) A letter of notification to the city official advising the official of the steps to be taken to avoid further violations if the ethics board finds that a violation was clearly unintentional;

(3) A letter of admonition to the city official if the ethics board finds that a violation was committed knowingly or that the city official failed to fully cooperate in the investigation;

(4) Referral for the city official to attend ethics training; or

(5) A letter of reprimand to the city official if the ethics board finds that a violation has been committed intentionally or through disregard of this article;

(6) A letter of censure, which shall be published by the city clerk in a newspaper of general circulation, if the ethics board finds that a serious or repeated violation of section 2-803 of this article has been committed intentionally or through culpable disregard of section 2-803 of this article by a city official;

(7) A city council vote on suspension or removal of an appointed city official if the ethics board finds that a major and serious or repeated violation of this article has been committed intentionally or through culpable disregard of this article by an appointed city official; or

(8) A referral to appropriate authorities for a violation of a state law.

(g) Recommendation report. The ethics board shall submit its findings and recommendation for disposition by the city council within ten business days of the determination hearing. Such report must be in writing and signed by the presiding officer of the ethics board.

(h) Action by city council. The city council shall consider and take action on the ethics board's recommendation report at the next regular meeting of the city council, or at a special meeting, following receipt of the recommendation report. The city council may follow the ethics board's recommendation, take an alternate course of action listed in this article, or take no action on the complaint. The city council is not bound by the findings or recommendation of the ethics board.

(i) Notice. Notice of city council's action on a complaint shall be provided to the complainant and city official within ten business days of the action.

(j) Record. Any action taken by the city council regarding the city manager or the municipal court judge shall be placed in the applicable personnel file.

(k) Penalty. Any contract or transaction which was the subject of an official act or action of a city board in which there was a violation of this article, shall be voidable at the option of the city council unless otherwise deemed void by law.

(Ord. No. 11,072, § 2, 2-26-09; Ord. No. 11,562, § 3, 1-27-11; Ord. No. 16,155, § 1, 6-12-25)

(a) Within 30 days after entering upon the duties of his position, every new city official shall be furnished a written copy of this article. The failure of any city official to receive a copy of this article shall have no effect on that city official's duty to comply with this article or on the enforcement of the provisions of this article. This article shall be posted on the city's webpage.

(b) The city attorney, in consultation with the ethics board, shall develop educational materials and conduct educational programs on this article for city officials. Such materials and programs shall be designated to maximize understanding of the obligations imposed by this article.

(Ord. No. 11,072, § 2, 2-26-09; Ord. No. 16,155, § 1, 6-12-25)