HomeMy WebLinkAboutOrd 392-2008 Amending Ord. No. 244-2006 Related to Gifts.pdfCITY OF ANNA, TEXAS
ORDINANCE NO83 2-2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
AMENDING PART S, SECTION 3 OF ORDINANCE NO. 2442006 AS AMENDED,
RELATED TO GIFTS; PROVIDING FOR SAVINGS, REPEALING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") recognizes that
situations may arise when City Officials may be presented with gifts of de minimis value;
and
WHEREAS, the City Council wishes to promote good will in the business community
while maintaining citizens' confidence in the integrity, independence and impartiality of
those who act on their behalf in government; and
WHEREAS, the City Council has investigated and determined that it would be
appropriate to amend the Anna Code of Ethics to allow City Officials to accept de
minimis gifts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Amending Part B, Section 3 of the Anna Code of Ethics to allow for
acceptance of de minimis gifts
Part B, Section 3(b) of the Anna Code of Ethics is amended to read as follows:
(b) Special Applications. Subsection (a) does not include:
(1) a Gift to a City Official relating to a special occasion, such as a
wedding, anniversary, graduation, birth, illness, death, or holiday,
provided that the value of the Gift is fairly commensurate with the
occasion and the relationship between the donor and recipient;
(2) reimbursement of reasonable expenses for travel authorized in
accordance with City policies;
(3) a public award or reward for meritorious service or professional
achievement, provided that the award or reward is reasonable in
light of the occasion;
(4) a loan from a lending institution made in its regular course of
business on the same terms generally available to the public;
Ord. No. 392-2008 Anwulirg Part B, Sect 3 of Ord No. 244-1008 related to gib.doc 1 07-08-M
(5) a scholarship or fellowship awarded on the same terms and based
on the same criteria that are applied to other applicants;
(6) admission to an event in which the City Official is participating in
connection with Official duties;
(7) lawful campaign contributions;
(8) attending social functions, ground breakings, or civic events
pertinent to the public relations and operations of the City;
(9) exchanging Gifts with his/her family and relatives;
(10) exchanging Gifts at church functions or City parties or functions
where only City Officials and their employees are invited or
attended;
(11) exchanging Gifts or receiving a bonus from their place of full-time
employment;
(12) exchanging or receiving Gifts of de minimis value; or
(13) an unsolicited Gift that an Official would otherwise be prohibited
from accepting if the Official promptly—and no later than 90 days
after the receipt of the Gift—either donates the Gift to a recognized
tax-exempt charitable organization forted for educational,
religious, or scientific purposes, or, with Council approval,
permanently places the gift at a City -owned facility for public
display.
Section 2. Amending Part B, Section 3 of the Anna Code of Ethics to define "de
minimis Gift"
Part B, Section 3 of the Anna Code of Ethics is hereby amended to add a subsection
"(c)" that reads as follows:
(c) For purposes of this Code, "Gifts of de minimis value" means gifts that:
(1) are not cash, checks, negotiable instruments, stocks, bonds, gift
certificates or money equivalents; and
(2) are less than $100 in value, or, if the value of the gift is unknown,
reasonably appear to be less than $100 in value.
Ord. No. 392-2008 Amending Part B, Sect 3 of Ord No. 244-1006 related to gies.dm 2 07-08-08
Section 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
Section 4. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this ? qday of
_Irm Iy 200-S,-.
ATTESTED: APPROVED:
C' Secretary, Natha Wilkinson -Mayor, Kenneth Pelham
CITY OF ANNA, TEXAS ORDINANCE NO.3 fd -2 no $ Page 3 of 3