§ 2-212. 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. "Acceptance" of an offer of subsequent employment or business opportunities includes legally binding contracts and all informal understandings that the parties expect to be carried out.

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" is defined in Section 573.024 and 573.025 of the Texas Government Code, as amended.

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.

Benefit. "Benefit" means 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.

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

Code of ethics. "Code of ethics," "ethics code," or "this code" means subdivisions A through J of this division.

Confidential government information. "Confidential government information" includes all information held by the city that is not available to the public under the Texas Open Records act and any information from a meeting closed to the public pursuant to the Texas Open Meetings Act, regardless of whether disclosure violates the Act.

City. "City" means the City of Eagle Pass.

Consanguinity. Relationship by "consanguinity" is defined in Section 573.022 and 573.023 of the Texas Government Code, as amended.

Discretionary contract. "Discretionary Contract" means any contract other than those which by law must be awarded on a low or high qualified bid basis.

Economic interest. "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 monetary value. Service by a city official or employee as an officer, 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 hold 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.

Employee. Except as provided in section 2-231, section 2-243(c), and subdivision G, the term "employee" or "city employee" is any person listed on the city payroll as an employee, whether part-time or full-time.

Gift. Other than in subdivision E, "gift" means 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 as quid pro quo.

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.

Official. Except in subdivision E, the term "official" or "city official" includes the following persons:

Mayor;

Members of the city council;

Municipal court judges and magistrates;

City manager;

Assistant city manager;

Assistant to the city manager;

City secretary;

Assistant city secretary;

All department heads and assistant department heads;

Police department captains and deputy chiefs;

All appointed assistant fire chiefs and any assistant fire chief who either works in the fire administration building or any other division and is involved in having input to any contract, vehicle specification, or who is otherwise involved with the purchasing of any product, service, or land for the fire department;

Any fire inspector, plan reviewer or uniformed administrator of the fire prevention division;

Members of boards, commissions, governing bodies, and boards of directors who are appointed by the city, included but not limited to:

Cable TV service advisory committee;

Charter review commission;

Citizens review committee;

City of Eagle Pass Industrial Development Corporation;

City of Eagle Pass Bridge System Board of Trustees;

Civic center advisory committee;

Clean-up commission;

Eagle Pass Industrial Development Corporation;

Eagle Pass Water Works System Board of Trustees;

Eagle Pass Public Library Board;

Eagle Pass Room Occupancy Tax Committee;

Ethics review commission;

Housing Authority of the City of Eagle Pass;

Impartial fee advisory committee;

Interim land management board;

Master plan committee;

Maverick County Appraisal District Board of Directors;

Middle Rio Grande Development Council;

Parks and recreation advisory committee;

Planning and zoning commission;

Youth commission;

Zoning board of adjustment and appeals.

The term "official" has a different meaning in subdivision E, which is defined in section 2-250.12(a). The term "officer" is defined in section 2-231(d)(2) 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 2-221(a)(2) through (9).

Official information. "Official information" includes 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 such securities or other assets unless the person in question participates in the management of the fund.

Partner. "Partner" includes partners in general partnerships, limited partnerships, and joint ventures.

Personally and substantially participated. The requirement of having "personally and substantially participated" in a matter is met only if the individual in fact exercised discretion relating to the matter. 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.

Representation. "Representation" encompasses all forms of communication and personal appearances in which a person, not acting in performance of official duties, formally or informally serves as an advocate for private interests, regardless of whether the representation is compensated. Lobbying, even on an informal basis, is a form of representation. Representation does not include appearance as a fact witness or uncompensated expert witness in litigation or other official proceedings.

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

(Ord. No. 06-22, § 1(part A, § 2), 9-5-2006; Ord. No. 2018-13, § 2(Exh. 3), 4-17-2018)