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 Haltom City
 Code of Ordinances
 Chapter 2. ADMINISTRATION
 Article V. CODE OF ETHICS

  § 2-453. Penalties for violation of article; forfeited position; exemptions; injunctions.  

Latest version.

  • (a)

    Except where otherwise provided by state law, it is not the intent of this article that violations of this article be subject to criminal penalties.

    (b)

    The city council shall investigate an allegation that any city officer or advisory board member has violated any provision of this article. The city manager shall investigate an allegation than an employee has violated any provision of this article. The city council or the city manager, as the case may be, shall send written notice to the individual being investigated, advising the individual of the alleged violation of this article.

    (c)

    Whenever the city council has determined that any city officer or advisory board member has violated any provision of this article, or whenever the city manager has determined that any employee has violated any provision of this article, the city council or the city manager, as the case may be, may sanction or discipline such officer, advisory board member, or employee. Such sanction or discipline may include forfeiture of the individuals office or position. The city council or the city manager, as the case may be, shall send written notice to the individual of the determination and any disciplinary action taken. Nothing in this article shall be construed to prohibit such officer, employee or advisory board member from being re-elected, reappointed or otherwise rehired to any position forfeited under the provisions of this article.

    (d)

    The city council or city manager may exempt from the provisions of this article any conduct found to constitute a violation by an officer, employee or advisory board member if it finds that the enforcement of this article with respect to such conduct is not in the public interest.

    (e)

    Any contract or transaction which was the subject of an official act or action of the city in which there is an interest prohibited by this article, or which involved the violation of provision of this article, shall be voidable at the option of the city council or city manager.

    (f)

    At the discretion of the city council or city manager, the city attorney shall have the power, where a violation of the provisions of this article is threatened or has occurred, to bring a civil action or proceeding, at law or in equity, for a judgment enjoining any violation of the provisions of this article or requiring the relinquishment of any prohibited interest or the voiding of any such contract or transaction, taking into account the interest of the city and any third persons who may be injured thereby. Where the city council or city manager determines that the public interest may best be served by not voiding a contract or transaction entered into in violation of this article, such contract or transaction may be enforced and an action or proceeding may be brought against any officer, employee or advisory board member found in violation of provisions of this article for damages, not to exceed twice the damages suffered by the city or twice the profit or gain realized by the officer, employee or advisory board member, whichever is greater.

(Ord. No. O-2001-006-01, § 1, 5-14-01)