Proposed Charter Amendments by Charter Review Commission in Frisco, Texas
The Frisco Charter Review Commission has proposed the following measures be submitted to Frisco voters for consideration in the May 2014 election.
Content
PROPOSED CHARTER AMENDMENTS The Charter Commission of the City of Frisco reports its recommendations and findings that the following Proposed Amendments to the City Charter shall be submitted to the Voters of Frisco. The Proposed Amendments are designated below in accordance with the ballot proposition number the amendment would appear as on the ballot: PROPOSITION NO. 1 Shall Sections 3.05(2) and 3.05(3) (Mayor, Mayor Pro-Tem, and Deputy Mayor Pro-Tem) of the City Charter be amended to provide clarification of the duties and responsibilities of the Mayor Pro-Tem and Deputy Mayor Pro-Tem? Proposed changes to Sections 3.05(2) and (3) of the Frisco City Charter: (2) The Mayor Pro-Tem shall be a Council Member elected by the City Council at the first regular meeting after each election of Council Members and/or Mayor. The Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor, and in this capacity shall have the rights, responsibilities, and restrictions conferred upon the Mayor. The Deputy Mayor Pro-Tem shall be a Council Member elected by the City Council at the first regular meeting after each election of Council Members and/or Mayor. The Deputy Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor and Mayor Pro-Tem, and in this capacity shall have the rights, responsibilities, and restrictions conferred upon the Mayor. PROPOSITION NO. 2 Shall Section 3.06(5) (Vacancies, Forfeiture and Filling of Vacancies) of the City Charter be amended to provide that any person vacating the office of Council Member may not be the Mayor Pro-Tem or Deputy Pro-Tem for at least one (1) year from the date of vacating that position? Proposed change to Section 3.06(5) of the Frisco City Charter: A vacancy in the office of a Council Member, shall be filled by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. If the vacated office is that of Mayor Pro-Tem or Deputy Mayor Pro-Tem, the City Council shall elect a new Mayor Pro-Tem or Deputy Mayor Pro-Tem at the next regular meeting. Any person vacating the office of Council Member is not eligible to serve as Mayor Pro-Tem or Deputy Mayor Pro-Tem for at least one (1) year from the date of vacating the position as a Council Member.
(3)
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PROPOSITION NO. 3 Shall Section 3.06(5) (Vacancies, Forfeiture and Filling of Vacancies) of the City Charter be amended to provide that the City Council is authorized to fill the unexpired term by appointment for any vacancy in the office of a Council Member whose remaining unexpired term is twelve (12) months or less? Proposed change to Section 3.06(5) of the Frisco City Charter: A vacancy in the office of a Council Member, shall be filled by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code, except that if the remainder of the unexpired term of the vacated office is twelve (12) months or less, then the City Council is authorized to fill the unexpired term by appointment. If the vacated office is that of Mayor Pro-Tem or Deputy Mayor Pro-Tem, the City Council shall elect a new Mayor Pro-Tem or Deputy Mayor Pro-Tem at the next regular meeting. PROPOSITION NO. 4 Shall Section 3.13 (Rules of Procedure) of the City Charter be amended to clarify that the City Council shall review and approve written governance rules annually? Proposed change to Section 3.13 of the Frisco City Charter: The City Council shall determine its own rules of order and business. The City Council shall review and approve written governance rules annually. The City Council shall provide that the citizens of the City shall have a reasonable opportunity to clearly hear and be heard at public hearings with regard to specific matters under consideration. The City Council shall provide for minutes to be taken and recorded for all public meetings as required by law. Such minutes shall be a public record and shall be kept and maintained by the person performing the duties of the City Secretary. PROPOSITION NO. 5 Shall Section 3.16(1) (Authentication, Recording, Codification, Printing and Distribution) be amended to require that all ordinances and resolutions adopted by the City Council shall be numbered consecutively at the time each is placed on an agenda of the City Council and eliminating the requirement that the ordinances be indexed and placed in a book that is open for inspection? Proposed change to Section 3.16(1): All ordinances and resolutions adopted by the City Council shall be authenticated by seal and signature of the person performing the duties of the City Secretary and numbered consecutively as adopted. They shall be properly indexed and placed in a book kept open for public inspection.
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PROPOSITION NO. 6 Shall Section 3.16(2) (Authentication, Recording, Codification, Printing and Distribution) of the City Charter be amended to delete the requirement that copies of the Frisco City Code shall be furnished to City Officers, placed in City offices and made available for purchase by the public at a reasonable price to be fixed by the City Council? Proposed change to Section 3.16(2): The City Council may maintain the codification of ordinances of the City. This codification shall be known and cited as “The Frisco City Code” and shall be in full force and effect without the necessity of such code or any part thereof being published in any newspaper. The caption, descriptive clause and other formal parts of the ordinances of the City may be omitted without affecting the validity of such ordinances when codified. Every general ordinance enacted subsequent to such codification shall be enacted as an amendment to the code. For the purpose of this section, general ordinances shall be deemed to be those ordinances of a permanent or continuing nature which affect the residents of the City at large. Copies of the code shall be furnished to City Officers, place in City offices and made available for purchase by the public at a reasonable price to be fixed by the City Council. PROPOSITION NO. 7 Shall Section 3.16(3) (Authentication, Recording, Codification, Printing and Distribution) of the City Charter be amended to delete the requirement that printed ordinances and Charter amendments shall be sold to the public at a reasonable price to be fixed by the City Council? Proposed change to Section 3.16(3): Section 3.16 Distribution Authentication, Recording, Codification, Printing and
The City Council shall cause all ordinances and amendments to this Charter to be printed promptly following their adoption. A copy of each ordinance and amendment shall be placed in appropriate City offices for public reference. Printed ordinances and Charter amendments shall be sold to the public at a reasonable price to be fixed by the City Council. PROPOSITION NO. 8 Shall Section 4.03 (Municipal Court) be amended to amend the term of the Municipal Judge(s); clarify the appointment, assignment of duties, evaluation, replacement, and compensation of Associate Municipal Court Judge(s); and removing the Mayor as a Municipal Judge?
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Proposed change to Section 4.03: The City Council shall appoint by the affirmative vote of a majority of the full membership of the City Council such Municipal Judges of the Municipal Court as may be necessary, all of whom shall be competent, duly qualified attorneys licensed and practicing for at least two (2) years in the State of Texas. In the event a duly qualified attorney is not available, the City Council shall then select a qualified person to be the Municipal Judge. The Municipal Judge(s) of the Municipal Court(s) shall be appointed to a term of four (4) two (2) years and may be appointed to additional consecutive terms upon completion of his/her/their term(s) of office. The appointment of the Municipal Judge(s) may be terminated, without cause, at any time by the affirmative vote of a majority of the full membership of the City Council. The Municipal Judge(s) shall receive compensation as may be determined by the City Council. The City Council shall appoint the Administrative Municipal Court Judge as the Presiding Judge. The other judges appointed by the City Council shall be designated Associate Municipal Court Judges. The Presiding Judge shall assign duties to the Associate Judges, as needed, and provide City Council with an employee evaluation of the Associate Municipal Court Judges. If a vacancy occurs, the City Council shall provide for the appointment of a qualified person to fill the office for the remainder of the unexpired term. Such appointee shall have all the powers and duties of the office and shall receive compensation as determined by the City Council. (3) In the event of failure of any Municipal Judge to perform his or her duties, the Mayor shall act in the Municipal Judge’s place and stead (and in the event of a vacancy, until a Municipal Judge is appointed by the City Council to fill the vacancy). If the Mayor acts as Municipal Judge, the Mayor shall be compensated at the same salary, if any, as the Municipal Judge, for whom the Mayor is acting. PROPOSITION NO. 9 Shall Section 12.05 (Service of Process Against the City) be removed from the City Charter to omit that all legal process against the City shall be served upon either the City Secretary or the City Manager? Proposed deletion of Section 12.05: All legal process against the City shall be served upon either the City Secretary or the City Manager. PROPOSITION NO. 10 Shall Section 14.09(2) (No Officer to Accept Gifts, Etc.) be amended to include the words/phrases “Business Entity”, “Consanguinity”, “Discretionary Contract”, “Economic Interest”, and/or “Indirect Ownership”?
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Proposed addition to Section 14.09(2) is as follows: For purposes of this Section, the words/phrases “Business Entity”, “City Official”, “Consanguinity”, “Discretionary Contract”, “Economic Interest”, “Gift”, “Indirect Ownership”, “Matter”, “Official” and “Official Action” shall have the same definition as set forth in Ordinance No. 09-04-25, as it exists on the effective date of this Charter amendment. PROPOSITION NO. 11 Shall Section 14.10 (Improper Economic Benefit by City Official) be added to the City Charter adopting the Improper Economic Benefit rule of the Frisco Code of Ethics? Proposed addition of Section 14.10 is as follows: IMPROPER ECONOMIC BENEFIT BY CITY OFFICIAL (a) General Rule. A City Official shall not take any Official Action that benefits the Economic Interests of: (1) (2) the Official; his parent, child, stepchild, spouse, or other family member within the second degree of Consanguinity or Affinity; his outside Client and/or Customer with any transaction outstanding; (A) Client - A Client is someone with whom the Official has a contractual relationship; a commitment to provide goods and/or professional services from the Official to the Client over a period of time. The contract could be either short-term or long-term in nature. The person receiving the services or goods would be considered a Client of the Official only during the period covered in the contract. Customer - A Customer is someone who simply purchases a product/service from an Official’s business. Customer relationships are transactional; they rarely require a contract to complete the sale and the actual business transaction is completed within minutes. For example, the sale of an automobile is an example where a contract is signed but the purchase is transactional in nature, and so the purchaser would be considered a Customer.
(3)
(B)
(4) (5)
the outside employer of the Official; a Business Entity in which the Official knows, or should know, that he or his parent, child, stepchild, spouse, or other family member within the second degree of Consanguinity or Affinity holds an Economic Interest;
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(6)
a Business Entity which the Official knows, or should know, is an Affiliated business or Partner of a Business Entity in which he or his parent, child, stepchild, spouse, or other family member within the second degree of Consanguinity or Affinity holds an Economic Interest; a Business Entity or nonprofit entity for which the City Official serves as an Officer or director or in any other policy making position; or a person or Business Entity from whom the Official, directly or indirectly: (A) has received and not rejected an unsolicited offer of employment or business opportunities; or has accepted and received and not rejected an unsolicited offer of employment.
(7)
(8)
(B)
(b)
Recusal and Disclosure. A City Official whose conduct would otherwise violate Subsection (a) must recuse himself. From the time that the conflict is, or should have been recognized, he shall: (1) (2) disclose the conflict and immediately refrain from further participation in the Matter, including discussions with any persons likely to consider the Matter; and remove himself from the dais or area in which the other City Officials who are voting on the measure are seated; and promptly file with the City Secretary the appropriate form for disclosing the nature and extent of the prohibited conduct. PROPOSITION NO. 12
(3)
Shall Section 14.11 (Unfair Advancement of Private Interests by City Official) be added to the City Charter adopting the Unfair Advancement of Private Interest rule of the Frisco Code of Ethics? The addition of Section 14.11 shall be: UNFAIR ADVANCEMENT OF PRIVATE INTERESTS BY CITY OFFICIAL (a) General Rule. A City Official may not use his Official position to grant or secure, or attempt to grant or secure, for any person (including himself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. This rule does not apply to actions taken by a City Official in the legislative process.
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(b)
Special Rules. The following special rules apply in addition to the general rule: (1) Acquisition of Interest in Impending Matters. A City Official shall not acquire an interest in, or be affected by, any contract, transaction, zoning decision, or other Matter (the “interest”), if the Official knows, or has reason to know, that the interest will be directly or indirectly affected by impending Official Action by the City. Reciprocal Favors. A City Official may not enter into an agreement or understanding with any other person that Official Action by the Official will be rewarded or reciprocated by the other person, directly or indirectly. Appointment of Relatives. A City Official shall not nominate, appoint or vote to nominate or appoint any relative within the third degree of Consanguinity or Affinity to any position of the City. In any land Matter which comes Before the City Council, Planning and Zoning Commission, or Board of Adjustments and in which any member of the City Council or aforementioned Boards and commissions has a financial interest in any property within two hundred feet (200’) of the Matter before it, such member shall disclose the existence of the interest by filing a statement with the record keeper. The member of the City Council, Planning and Zoning Commission, or Board of adjustments may speak on the item and, thereafter, leave the room. In addition, any state law provision regarding a conflict of interest shall also be followed. It is the intention of this provision that the term “land matter” shall be interpreted broadly to include zoning, permit requests, variances, etc. (5) No City Councilmember who is on the board of a nonprofit organization may vote on any funding request by that nonprofit organization, unless the nonprofit organization has a board of directors or trustees appointed in whole or in part by the City Council.
(2)
(3)
(4)
(c)
Recusal and Disclosure. A City Official whose conduct would otherwise violate Section (b)(3) above shall adhere to the recusal and disclosure provisions stated in Section 14.10(b). PROPOSITION NO. 13
Shall Section 14.09(3) (No Officer to Accept Gifts, Etc.) be added to the City Charter that no member of the City Council giving to or receiving a gift from a person who is an elected or appointed official of a governmental entity whose geographical boundaries are located in whole or in part within the city limits of the City in an amount granter than Two Hundred Fifty and No/100 Dollars ($250.00) provided the member of the City Council complies with the recusal and disclosure procedure described in Section 14.09(S)(i) and (ii) above and, in the event of a conflict between this provision and any other provision in this Section, this provision controls.
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Proposed addition of Section 14.09(3) shall be: A member of the City Council giving to or receiving a gift from a person who is an elected or appointed official of a governmental entity whose geographical boundaries are located in whole or in part within the city limits of the City in an amount greater than Two Hundred Fifty and No/100 Dollars ($250.00) provided the member of the City Council complies with the recusal and disclosure procedure described in Section 14.09(S)(i) and (ii) above. In the event of a conflict between this provision and any other provision in this Section, this provision controls. PROPOSITION NO. 14 Shall Section 12.10 (Disaster Clause) be amended to identify who is appointed to act temporarily in place of the City Council in the case of a disaster causing the inability of a quorum of the City Council to be able to meet due to injury or death? Proposed addition of Section 12.10 shall be: In case of disaster when a legal quorum of the City Council cannot otherwise be assembled due to multiple deaths or injuries, the surviving persons of the City Council, or the highest surviving City official, if no elected official remains, must, within twenty-four (24) hours of such disaster, request a committee of five (5) persons comprised of the most recent, highest ranking, formerly elected Council member or Mayor of Frisco who is a resident of Frisco, the highest ranking elected member of the Frisco Independent School District who is a resident of Frisco, and the highest ranking member of the Frisco Economic Development Corporation, the Frisco Community Development Corporation and the Frisco Planning and Zoning Commission the highest surviving officers of the local Chamber of Commerce and the Board of Trustees of the local school district, and the County Judge of Collin County, to appoint a commission to act during the emergency and call a City election within fifteen (15) days of such disaster, or as provided in the Texas Election Code, for election of a required quorum, if for good reasons it is known a quorum of the present City Council will never again meet.
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(3)
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PROPOSITION NO. 3 Shall Section 3.06(5) (Vacancies, Forfeiture and Filling of Vacancies) of the City Charter be amended to provide that the City Council is authorized to fill the unexpired term by appointment for any vacancy in the office of a Council Member whose remaining unexpired term is twelve (12) months or less? Proposed change to Section 3.06(5) of the Frisco City Charter: A vacancy in the office of a Council Member, shall be filled by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code, except that if the remainder of the unexpired term of the vacated office is twelve (12) months or less, then the City Council is authorized to fill the unexpired term by appointment. If the vacated office is that of Mayor Pro-Tem or Deputy Mayor Pro-Tem, the City Council shall elect a new Mayor Pro-Tem or Deputy Mayor Pro-Tem at the next regular meeting. PROPOSITION NO. 4 Shall Section 3.13 (Rules of Procedure) of the City Charter be amended to clarify that the City Council shall review and approve written governance rules annually? Proposed change to Section 3.13 of the Frisco City Charter: The City Council shall determine its own rules of order and business. The City Council shall review and approve written governance rules annually. The City Council shall provide that the citizens of the City shall have a reasonable opportunity to clearly hear and be heard at public hearings with regard to specific matters under consideration. The City Council shall provide for minutes to be taken and recorded for all public meetings as required by law. Such minutes shall be a public record and shall be kept and maintained by the person performing the duties of the City Secretary. PROPOSITION NO. 5 Shall Section 3.16(1) (Authentication, Recording, Codification, Printing and Distribution) be amended to require that all ordinances and resolutions adopted by the City Council shall be numbered consecutively at the time each is placed on an agenda of the City Council and eliminating the requirement that the ordinances be indexed and placed in a book that is open for inspection? Proposed change to Section 3.16(1): All ordinances and resolutions adopted by the City Council shall be authenticated by seal and signature of the person performing the duties of the City Secretary and numbered consecutively as adopted. They shall be properly indexed and placed in a book kept open for public inspection.
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PROPOSITION NO. 6 Shall Section 3.16(2) (Authentication, Recording, Codification, Printing and Distribution) of the City Charter be amended to delete the requirement that copies of the Frisco City Code shall be furnished to City Officers, placed in City offices and made available for purchase by the public at a reasonable price to be fixed by the City Council? Proposed change to Section 3.16(2): The City Council may maintain the codification of ordinances of the City. This codification shall be known and cited as “The Frisco City Code” and shall be in full force and effect without the necessity of such code or any part thereof being published in any newspaper. The caption, descriptive clause and other formal parts of the ordinances of the City may be omitted without affecting the validity of such ordinances when codified. Every general ordinance enacted subsequent to such codification shall be enacted as an amendment to the code. For the purpose of this section, general ordinances shall be deemed to be those ordinances of a permanent or continuing nature which affect the residents of the City at large. Copies of the code shall be furnished to City Officers, place in City offices and made available for purchase by the public at a reasonable price to be fixed by the City Council. PROPOSITION NO. 7 Shall Section 3.16(3) (Authentication, Recording, Codification, Printing and Distribution) of the City Charter be amended to delete the requirement that printed ordinances and Charter amendments shall be sold to the public at a reasonable price to be fixed by the City Council? Proposed change to Section 3.16(3): Section 3.16 Distribution Authentication, Recording, Codification, Printing and
The City Council shall cause all ordinances and amendments to this Charter to be printed promptly following their adoption. A copy of each ordinance and amendment shall be placed in appropriate City offices for public reference. Printed ordinances and Charter amendments shall be sold to the public at a reasonable price to be fixed by the City Council. PROPOSITION NO. 8 Shall Section 4.03 (Municipal Court) be amended to amend the term of the Municipal Judge(s); clarify the appointment, assignment of duties, evaluation, replacement, and compensation of Associate Municipal Court Judge(s); and removing the Mayor as a Municipal Judge?
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Proposed change to Section 4.03: The City Council shall appoint by the affirmative vote of a majority of the full membership of the City Council such Municipal Judges of the Municipal Court as may be necessary, all of whom shall be competent, duly qualified attorneys licensed and practicing for at least two (2) years in the State of Texas. In the event a duly qualified attorney is not available, the City Council shall then select a qualified person to be the Municipal Judge. The Municipal Judge(s) of the Municipal Court(s) shall be appointed to a term of four (4) two (2) years and may be appointed to additional consecutive terms upon completion of his/her/their term(s) of office. The appointment of the Municipal Judge(s) may be terminated, without cause, at any time by the affirmative vote of a majority of the full membership of the City Council. The Municipal Judge(s) shall receive compensation as may be determined by the City Council. The City Council shall appoint the Administrative Municipal Court Judge as the Presiding Judge. The other judges appointed by the City Council shall be designated Associate Municipal Court Judges. The Presiding Judge shall assign duties to the Associate Judges, as needed, and provide City Council with an employee evaluation of the Associate Municipal Court Judges. If a vacancy occurs, the City Council shall provide for the appointment of a qualified person to fill the office for the remainder of the unexpired term. Such appointee shall have all the powers and duties of the office and shall receive compensation as determined by the City Council. (3) In the event of failure of any Municipal Judge to perform his or her duties, the Mayor shall act in the Municipal Judge’s place and stead (and in the event of a vacancy, until a Municipal Judge is appointed by the City Council to fill the vacancy). If the Mayor acts as Municipal Judge, the Mayor shall be compensated at the same salary, if any, as the Municipal Judge, for whom the Mayor is acting. PROPOSITION NO. 9 Shall Section 12.05 (Service of Process Against the City) be removed from the City Charter to omit that all legal process against the City shall be served upon either the City Secretary or the City Manager? Proposed deletion of Section 12.05: All legal process against the City shall be served upon either the City Secretary or the City Manager. PROPOSITION NO. 10 Shall Section 14.09(2) (No Officer to Accept Gifts, Etc.) be amended to include the words/phrases “Business Entity”, “Consanguinity”, “Discretionary Contract”, “Economic Interest”, and/or “Indirect Ownership”?
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Proposed addition to Section 14.09(2) is as follows: For purposes of this Section, the words/phrases “Business Entity”, “City Official”, “Consanguinity”, “Discretionary Contract”, “Economic Interest”, “Gift”, “Indirect Ownership”, “Matter”, “Official” and “Official Action” shall have the same definition as set forth in Ordinance No. 09-04-25, as it exists on the effective date of this Charter amendment. PROPOSITION NO. 11 Shall Section 14.10 (Improper Economic Benefit by City Official) be added to the City Charter adopting the Improper Economic Benefit rule of the Frisco Code of Ethics? Proposed addition of Section 14.10 is as follows: IMPROPER ECONOMIC BENEFIT BY CITY OFFICIAL (a) General Rule. A City Official shall not take any Official Action that benefits the Economic Interests of: (1) (2) the Official; his parent, child, stepchild, spouse, or other family member within the second degree of Consanguinity or Affinity; his outside Client and/or Customer with any transaction outstanding; (A) Client - A Client is someone with whom the Official has a contractual relationship; a commitment to provide goods and/or professional services from the Official to the Client over a period of time. The contract could be either short-term or long-term in nature. The person receiving the services or goods would be considered a Client of the Official only during the period covered in the contract. Customer - A Customer is someone who simply purchases a product/service from an Official’s business. Customer relationships are transactional; they rarely require a contract to complete the sale and the actual business transaction is completed within minutes. For example, the sale of an automobile is an example where a contract is signed but the purchase is transactional in nature, and so the purchaser would be considered a Customer.
(3)
(B)
(4) (5)
the outside employer of the Official; a Business Entity in which the Official knows, or should know, that he or his parent, child, stepchild, spouse, or other family member within the second degree of Consanguinity or Affinity holds an Economic Interest;
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(6)
a Business Entity which the Official knows, or should know, is an Affiliated business or Partner of a Business Entity in which he or his parent, child, stepchild, spouse, or other family member within the second degree of Consanguinity or Affinity holds an Economic Interest; a Business Entity or nonprofit entity for which the City Official serves as an Officer or director or in any other policy making position; or a person or Business Entity from whom the Official, directly or indirectly: (A) has received and not rejected an unsolicited offer of employment or business opportunities; or has accepted and received and not rejected an unsolicited offer of employment.
(7)
(8)
(B)
(b)
Recusal and Disclosure. A City Official whose conduct would otherwise violate Subsection (a) must recuse himself. From the time that the conflict is, or should have been recognized, he shall: (1) (2) disclose the conflict and immediately refrain from further participation in the Matter, including discussions with any persons likely to consider the Matter; and remove himself from the dais or area in which the other City Officials who are voting on the measure are seated; and promptly file with the City Secretary the appropriate form for disclosing the nature and extent of the prohibited conduct. PROPOSITION NO. 12
(3)
Shall Section 14.11 (Unfair Advancement of Private Interests by City Official) be added to the City Charter adopting the Unfair Advancement of Private Interest rule of the Frisco Code of Ethics? The addition of Section 14.11 shall be: UNFAIR ADVANCEMENT OF PRIVATE INTERESTS BY CITY OFFICIAL (a) General Rule. A City Official may not use his Official position to grant or secure, or attempt to grant or secure, for any person (including himself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. This rule does not apply to actions taken by a City Official in the legislative process.
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(b)
Special Rules. The following special rules apply in addition to the general rule: (1) Acquisition of Interest in Impending Matters. A City Official shall not acquire an interest in, or be affected by, any contract, transaction, zoning decision, or other Matter (the “interest”), if the Official knows, or has reason to know, that the interest will be directly or indirectly affected by impending Official Action by the City. Reciprocal Favors. A City Official may not enter into an agreement or understanding with any other person that Official Action by the Official will be rewarded or reciprocated by the other person, directly or indirectly. Appointment of Relatives. A City Official shall not nominate, appoint or vote to nominate or appoint any relative within the third degree of Consanguinity or Affinity to any position of the City. In any land Matter which comes Before the City Council, Planning and Zoning Commission, or Board of Adjustments and in which any member of the City Council or aforementioned Boards and commissions has a financial interest in any property within two hundred feet (200’) of the Matter before it, such member shall disclose the existence of the interest by filing a statement with the record keeper. The member of the City Council, Planning and Zoning Commission, or Board of adjustments may speak on the item and, thereafter, leave the room. In addition, any state law provision regarding a conflict of interest shall also be followed. It is the intention of this provision that the term “land matter” shall be interpreted broadly to include zoning, permit requests, variances, etc. (5) No City Councilmember who is on the board of a nonprofit organization may vote on any funding request by that nonprofit organization, unless the nonprofit organization has a board of directors or trustees appointed in whole or in part by the City Council.
(2)
(3)
(4)
(c)
Recusal and Disclosure. A City Official whose conduct would otherwise violate Section (b)(3) above shall adhere to the recusal and disclosure provisions stated in Section 14.10(b). PROPOSITION NO. 13
Shall Section 14.09(3) (No Officer to Accept Gifts, Etc.) be added to the City Charter that no member of the City Council giving to or receiving a gift from a person who is an elected or appointed official of a governmental entity whose geographical boundaries are located in whole or in part within the city limits of the City in an amount granter than Two Hundred Fifty and No/100 Dollars ($250.00) provided the member of the City Council complies with the recusal and disclosure procedure described in Section 14.09(S)(i) and (ii) above and, in the event of a conflict between this provision and any other provision in this Section, this provision controls.
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Proposed addition of Section 14.09(3) shall be: A member of the City Council giving to or receiving a gift from a person who is an elected or appointed official of a governmental entity whose geographical boundaries are located in whole or in part within the city limits of the City in an amount greater than Two Hundred Fifty and No/100 Dollars ($250.00) provided the member of the City Council complies with the recusal and disclosure procedure described in Section 14.09(S)(i) and (ii) above. In the event of a conflict between this provision and any other provision in this Section, this provision controls. PROPOSITION NO. 14 Shall Section 12.10 (Disaster Clause) be amended to identify who is appointed to act temporarily in place of the City Council in the case of a disaster causing the inability of a quorum of the City Council to be able to meet due to injury or death? Proposed addition of Section 12.10 shall be: In case of disaster when a legal quorum of the City Council cannot otherwise be assembled due to multiple deaths or injuries, the surviving persons of the City Council, or the highest surviving City official, if no elected official remains, must, within twenty-four (24) hours of such disaster, request a committee of five (5) persons comprised of the most recent, highest ranking, formerly elected Council member or Mayor of Frisco who is a resident of Frisco, the highest ranking elected member of the Frisco Independent School District who is a resident of Frisco, and the highest ranking member of the Frisco Economic Development Corporation, the Frisco Community Development Corporation and the Frisco Planning and Zoning Commission the highest surviving officers of the local Chamber of Commerce and the Board of Trustees of the local school district, and the County Judge of Collin County, to appoint a commission to act during the emergency and call a City election within fifteen (15) days of such disaster, or as provided in the Texas Election Code, for election of a required quorum, if for good reasons it is known a quorum of the present City Council will never again meet.
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