§ 2-312. Definitions.

As used in this code of ethics, the following words and phrases have the meaning ascribed to them in this section, unless the context requires otherwise or more specific definitions set forth elsewhere in this code apply:

Acceptance. A written or verbal indication that someone agrees; "acceptance" of an offer of subsequent employment or business opportunities include legally binding contracts and all informal understandings that the parties expect to be carried out. An agreement, either by an express act or by implication from conduct wherein a binding contract is formed.

Affiliated. Business entities are "affiliated" if one is the parent or subsidiary of the other or if they are subsidiaries of the same parent business entity.

Affinity. Relationship by "affinity" (by marriage) is defined in V.T.C.A., Government Code §§ 573.024 and 573.025.

Before the city. Representation or appearance "before the city" means before the city council; before a board, commission, or other city entity; or before a city official or employee. Representation "before the city" does not include representation before a board where members of said board are not wholly appointed by the city council.

Benefit. Anything reasonably regarded as pecuniary gain or pecuniary advantage, including a benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.

Board member. A person appointed to and currently serving on any City of Laredo committee, board, or commission including:

(1)

Advisory boards. Created by charter or ordinance to inform and make recommendations to city council on proposed public policy matters. The City of Laredo advisory boards includes all city boards, committees and commissions that are not decision-making or separate legal entities.

(2)

Decision-making boards. Governed by state law and are "quasi judicial" to set or enforce public policy and are potentially subject to review by the courts. The City of Laredo decision making boards include the board of adjustment, building standards board and planning and zoning commission.

(3)

Separate legal entities. Established under the provisions of a state statute to serve the city but that are separate entities, corporations or political bodies. The City of Laredo separate legal entity boards include the Laredo Affordable Housing, Metropolitan Planning Organization and the South Texas Development Council.

Business entity. A sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, unincorporated association, or any other entity recognized by law.

Candidate. A person who knowingly and willingly takes affirmative action for the purpose of gaining nomination or election to public office or for the purpose of satisfying financial obligations incurred by the person in connection with the campaign for nomination or election. Examples of affirmative action include:

(1)

The filing of an application for a place on a ballot;

(2)

The making of a public announcement of a definite intent to run for public office in a particular election, regardless of whether the specific office is mentioned in the announcement;

(3)

Before a public announcement of intent, the making of a statement of definite intent to run for public office and the soliciting of support by letter or other mode of communication; and

(4)

The soliciting or accepting of a campaign contribution or the making of a campaign expenditure.

City. The City of Laredo, Texas.

Code of ethics. "Code of ethics," "ethics code," or "this code" means divisions 1 through 9 of this article, its amendment(s) and/or enhanced definitions.

Complainant. An individual who has filed a sworn complaint with the ethics compliance officer as provided in section 2-389.

Confidential government information. All information held by the city that is not available to the public under the Texas Public Information Act and any information from a meeting closed to the public pursuant to the Texas Open Meetings Act, unless disclosure is permitted under the Open Meetings Act.

Consanguinity. Relationship by "consanguinity" (by blood) is defined in V.T.C.A., Government Code § 573.022 and § 573.023.

Discretionary contract. Any contract that is not required by law to be awarded on a low or high qualified bid basis. Discretionary contracts do not include those contracts subject to V.T.C.A., Local Government Code § 252.022(a)(7) (procurement of items that are available from only one (1) source) or those contracts not involving an exercise of judgment or choice.

Economic interest. Includes, but is not limited to, legal or equitable property interests in land, chattels, and intangibles, and contractual rights having more than de minimis value. Service by a city official or employee as an official, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create for that city official or employee an economic interest in the property of the organization. Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an economic interest in such securities or other assets unless the person in question participates in the management of the fund. Ownership of stock in a publicly-traded corporation does not constitute ownership for purposes of this code if the employee or official owns less than ten (10) percent of the voting stock or shares of the entity and the value of the stock is less than fifteen thousand dollars ($15,000.00).

Employee. The term "employee" or "city employee" is any person listed on the City of Laredo payroll as an employee, whether part-time or full time, including any employee subject to the collective bargaining process (i.e. members of the police and fire departments). However, the pertinent provisions contained within any collective bargaining agreements with the city takes precedence over conflicting provisions contained within this ethics code.

Former city official or employee. A person whose city duties terminate on or after the effective date of this code.

Gift. A voluntary transfer of property (including the payment of money) or the conferral of a benefit having pecuniary value (such as the rendition of services or the forbearance of collection on a debt), unless consideration of equal or greater value is received by the donor.

Indirect ownership. A person "indirectly owns" an equity interest in a business entity where the interest is held through a series of business entities, some of which own interests in others.

Intentionally. A person acts intentionally, or with intent, with respect to the nature of his or her conduct or to a result of his or her conduct when it is his or her conscious objective or desire to engage in the conduct or cause the result.

Knowingly. A person acts knowingly with respect to the nature of his or her conduct or to circumstances surrounding his or her conduct when he or she is aware of the nature of his or her conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his or her conduct when he or she is aware that his or her conduct is reasonably certain to cause the result.

Official or city official includes the following, unless specified otherwise:

(1)

The mayor;

(2)

Members of the city council;

(3)

Members of boards, committees and commissions;

(4)

Municipal court judge;

(5)

Associate municipal court judge;

(6)

The city manager;

(7)

Deputy city manager;

(8)

Assistant city manager;

(9)

Assistant to the city manager;

(10)

City secretary;

(11)

Department director;

(12)

Assistant department director;

(13)

City finance director; and

(14)

Internal auditor.

Note: The term "official" has a different meaning as used in section 2-324 (prohibited interests in contracts), section 2-339 (discretionary contracts), division 5 (lobbyists), or section 2-376 (filing requirements), and is not synonymous with any use of the term "official" in this code.

Official action. Official action includes:

(1)

Any affirmative act (including the making of a recommendation) within the scope of, or in violation of, an official or employee's duties, and

(2)

Any failure to act, if the official or employee is under a duty to act and knows that inaction is likely to affect substantially an economic interest of the official or employee or any person or entity listed in section 2-316 (conflicts of interest).

Information. Information gathered pursuant to the power or authority of city government.

Ownership. Ownership of an interest in a mutual or common investment fund that holds securities or other assets does not constitute direct or indirect ownership of such securities or other assets unless the person in question participates in the management of the fund. Ownership of stock in a publicly-traded corporation does not constitute ownership for purposes of this code if the employee or official owns less than ten (10) percent of the voting stock or shares of the entity and the value of the stock is less than fifteen thousand dollars ($15,000.00).

Partner. Someone who engages in an activity or undertaking with another, including acting as partners in general partnerships, limited partnerships, and joint ventures. One who shares or takes part with another especially in a venture with shared benefits and shared risks.

Personally and substantially participated. Taking action as an official or employee through decision, approval, disapproval, recommendation, giving advice, investigation or similar action. The fact that the person had responsibility for a matter does not by itself establish that the person "personally and substantially participated" in the matter.

Recklessly. A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of, but consciously disregards, a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

Representation. A presentation of fact, either by words or by conduct, made to induce someone to act. Representation does not include appearance as a witness in litigation or other official proceedings.

Respondent. An individual identified in a sworn complaint to have allegedly violated the Ethics Code of the City of Laredo.

Solicitation. "Solicitation" of subsequent employment or business opportunities includes all forms of proposals and negotiations relating thereto.

(Ord. No. 2012-O-126, § 2(1.02), 9-4-12)