HomeMy WebLinkAboutOrd 849-2020 Providing Requirements and Verification for Elective OfficeCITY OF ANNA, TEXAS
ORDINANCE NO. `t !L _ 90 c' Q
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS PROVIDING
FOR REQUIREMENTS AND VERIFICATION OF REQUIREMENTS FOR ELECTIVE OFFICE;
PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, holding of elective office is a privilege of service to the citizens of the City of Anna; and
WHEREAS, voters in the City of Anna should expect that their elected officials do not have a confirmed
record of criminal dishonesty or felonies; and
WHEREAS, under Section 3.05 of the City of Anna Home Rule Charter members of the City Council
may not have a felony conviction, a misdemeanor conviction involving moral turpitude, or a conviction
for violation of any state law regulating conflicts of interest of municipal officers; and
WHEREAS, the City currently conducts criminal background checks on applicants for City boards,
commissions, and committees whose membership is appointed by the City Council; and
WHEREAS, the City currently does not conduct criminal background checks on candidates for office of
the City Council; and
WHEREAS, the City Council finds that verification of the extent of the criminal record of candidates for
office of the City Council is at least as important as verification of the extent of any criminal records of
City boards, commissions, and committees; and
WHEREAS, criminal background checks on candidates for office of the City Council can save tax -payer
money and create efficiencies by identifying candidates that may not be eligible to run for the office of
City Council; and
WHEREAS, by adoption of this ordinance the City Council desires to establish a City policy and
procedures for conducting criminal background checks on both candidates for the offices of Mayor and
all places on the City Council as well as City boards, commissions, and committees; and
WHEREAS, the City Council finds it advantageous and beneficial to the City and its citizens to amend
The Anna. City Code of Ordinances ("Anna Code"), by adding a new Article 2.09 (BACKGROUND
CHECKS) to Chapter 2 (ADMINISTRATION AND PERSONNEL);
NOW THEREFRE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Adding a new Article 2.09 (BACKGROUND CHECKS) to Chapter 2
(ADMINISTRATION AND PERSONNEL) of the Anna Code, as follows:
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ARTICLE 2.09 BACKGROUND CHECKS
Sec. 2. 09.001 Required background checks; purpose; timeliness
(a) The City Secretary in consultation with the City Attorney shall conduct criminal
background checks on persons that:
(1) file an application to run for the position of Mayor or any place on the City
Council; or
(2) file an application for appointment to any City board, commission, or
committee—other than committees composed of members of the City
Council including but not limited to the Mayor—whose membership is
appointed by the City Council.
(b) The purpose of the criminal background checks required under subsection (a) is to
determine whether the person who is the subject of the criminal background check has
been convicted of:
(1) a felony conviction;
(2) a misdemeanor conviction involving moral turpitude; or
(3) a conviction for a violation of any state law regulating conflicts of interest
of municipal officers an application to run for the position of Mayor or any
place on the City Council.
(c) The City Secretary shall endeavor to complete the criminal background checks
required under tau 1cle tV" U r as much time as reasonably practicable to:
(1) in the case of a candidate who has filed to run for the office of Mayor or
any place on the City Council and who is ineligible for such office under
Sec. 2.09.002(a), declare a candidate disqualified to run for such office in
accordance with the Texas Election Code and other applicable law; and
(2) in the cas
e of an applicant seeking to serve on any City board, commission,
or committee and who is ineligible for such position under Sec. 2.09.002(a),
remove the person's application from the application pool that the City
Council considers for appointment to such board, commission, or
committee.
Sec. 2.09.002 Results of background checks; self -reporting of current officials
(a) If any criminal background check required under this art
icle returns results showing
that a person has been convicted of any of the types of crimes identified in Sec.
2.09.001(b), that person—subject to appeal under Sec. 2.09.005—shall not be eligible
for and shall be disqualified from running for or seeking appointment to the position of
CITY OF ANNA ORD. NO. Page 2 of 5
Mayor, any place on the City Council, or any City board, commission, or committee
whose membership is appointed by the City Council.
(b) If the Mayor, any person serving on the City Council, or any person serving on any
City board, commission, or committee whose membership is appointed by the City
Council is finally convicted of any of the types of crimes identified in Sec. 2.09.001(b)
that person shall report the conviction to the City Secretary and shall take all necessary
actions to forfeit their position. For the purposes of this article "finally convicted"
means that the conviction is final and any and all appeals of the conviction have been
exhausted or are no longer available.
Sec. 2.09.003 Background checks on certain appointed officials
In the case of an appointment—in lieu of an election to the position of Mayor or any place on
the City Council, the City Secretary may be informed of the identity of any person(s) who may
be anticipated to be appointed to such position and the City Secretary shall conduct a criminal
background check on any such person(s) before an appointment is made if practicable. In the
event that the City Council appoints any such person(s) to the position of Mayor or any place on
the City Council before the City Secretary has conducted a criminal background check on such
person(s), the City Secretary shall promptly thereafter conduct a criminal background check on
such person(s) who shall be subject to Sec. 2.09.004(b).
Sec. 2.(in
.004 Disqualification and forfeiture for certain offices
(a) If any criminal background check required under this article returns results showing
that a person who has applied to be a candidate for the office of Mayor or any place on
the City Council has been convicted of any of the types of crimes identified in Sec.
2.09.001(b), the City Secretary shall take all necessary steps to declare the candidate
disqualified from running for such office in accordance with the Texas Election Code
and other applicable law.
(b) Any person on the City Council who ceases to possess the required qualifications for
office or• who is convicted of a felony or of a misdemeanor involving moral turpitude
or is convicted of violating any state laws regulating conflicts of interest of municipal
officers must forfeit his or her office. Every forfeiture must be declared and enforced
by the City Council.
Sec. 2.09.005 Notice, appeal and hearing
(a) The City Secretary shall endeavor to inform all persons subject to a criminal
background check under this Article that they are subject to a criminal background
check. The City Secretary shall endeavor to supply this information in writing on all
applications for City offices and positions subject to this Article or shall otherwise
attempt to supply this information at the time that a person applies for the office or
position they seek.
(b) The City Secretary shall provide writt
en notice to any person whose criminal
background check shows that the person has been convicted of any of the types of
CITY OT ANNA ORD. NO. Page 3 of 5
crimes identified in Sec. 2.09.001(b) and shall supply the person with the crime the
person was convicted of and the date of conviction.
(c) Any person whose background check shows that the person has been convicted of any
of the types of crimes identified in Sec. 2.09.001(b) may submit information to the
City Secretary showing that the results are in error and that the person has not been
convicted of any of the types of crimes identified in Sec. 2.09.001(b). The person shall
submit such information within three (3) business days of receiving notice under this
subsection. If the City Secretary determines that the person has not been convicted of
any of the types of crimes identified in Sec. 2.09.001(b) the City Secretary shall take
all reasonable steps to restore the person's status to allow the person to continue
seeking the office or position they seek.
(d) If for any reason the City Secretary finds that a person who has submitted information
under subsection (c) has, despite the submission of such information, been convicted
of any of the types of crimes identified in Sec. 2.09.001(b), that person may submit a
petition of appeal to the City Council and the City Council shall hold a hearing at its
next regular City Council meeting. The City Council's decision on whether the person
has been convicted of any of the types of crimes identified in Sec. 2.09.001(b) is final.
Sec. 2.09.006 Penalty
Any person violating any of the provisions or terms of this article shall be deemed guilty of a
misdemeanor and, upon conviction, shall be punished by a fine not to exceed the sum of
$500.00 for each offense, and each and every day such violation shall continue be deemed to
constitute a separate offense. Allegation and evidence of a culpable mental state is not required
for proof of any offense defined by this article.
Ordinance
Section 5. 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. Cross-references in other parts, articles or sections of the Anna Code which make reference
to previous enactments carrying the same designation as any section amended by this ordinance shall be
construed as referencing whichever currently effective provision best preserves the original intent and
effect of the cross-reference. 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 6. 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 of its caption as may be required by law, and the City Secretary is hereby directed to
implement such posting and/or publication.
CITY OF ANNA ORD. NO. Page 4 of 5
PASSED by the City Council of the City of Anna, Texas, this44 day of I� a Ahck , 2020.
ATTESTED:
City Secretary, Carrie L. Land
APPROVED:
pF A/Vti�.
aytor, h3ate Pike
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