Ethics Complaints

How to File an Ethics Complaint

The complaint must be in writing.

The complaint must specify the ethical rule that is alleged to be violated AND the facts which are alleged to constitute the violation.

The complaint must be sworn to and signed by one (1) person.

The complaint must be filed with the office of the City Secretary.

The complaint must be filed within six (6) months from the date the complainant knew or should have known about the action alleged as a violation.

You also can obtain a copy of the Ethics Complaint Form and any additional information from the City Secretary's Office on the first floor of City Hall, 1201 Leopard Street.

Procedure After the Complaint is Filed

(a) A sworn complaint alleging violation of the code of ethics shall specify the provisions of the rules of conduct (section 2-311) alleged to have been violated and facts alleged to constitute the violation. In lieu of a complaint sworn to under oath, the complainant may subscribe to the complaint using an unsworn declaration prepared in compliance with the Texas Unsworn Declaration Act, V.T.C.A., Civil Practice and Remedies Code Ch. 132, as amended.

(b) Upon the valid complaint of any one (1) person filed with the City Secretary's Office, the commission shall consider possible violations of the code of ethics by city officials and board members and former city officials and board members other than members of this Commission. In addition, the Commission shall consider such possible violations when referred to it as a complaint by majority vote of all council members holding office and qualified to vote thereon. The council may direct the City Attorney to draft such referred complaint, which shall be reviewed as other complaints hereunder. The council members voting for the complaint shall sign the complaint.

(c) A complaint alleging a violation by a city official or board member must be filed with the City Secretary within six (6) months from the date the complainant(s) knew or should have known of the action alleged as a violation, and not afterward.

(d) The City Secretary, after receiving a complaint submitted in accordance with subsections (a) and (c) above, shall, within three (3) business days, acknowledge receipt to the complainant and provide a copy to the City Attorney, the Commission, and the city official or board member complained against ("the respondent").

(e) 

(1) The City Attorney shall conduct a preliminary review of the complaint within seven (7) business days after receipt and issue

determination whether the complaint: (i) is sufficient as to form; and (ii) alleges sufficient facts which, if true, would constitute a prima facie violation of the rules of conduct. The City Attorney shall provide the commission, the City Secretary, the complainant and the respondent with written notice of such determination.

(2) The complaint is dismissed upon determination that the complaint failed to comply with subsections (e)(1)(i) or (ii) above, subject to complainant's right to appeal such dismissal to the Commission within ten (10) business days of dismissal. This appeal must be in writing, sworn to in compliance with subsection (a) above, and state the grounds for the appeal. The complainant shall provide the appeal to the City Secretary who will then forward a copy to the Commission, the City Attorney and the respondent within three (3) business days of receipt.

(3) The respondent shall have ten (10) business days to submit a written response to the Commission after a preliminary determination of the City Attorney that the complaint complies with subsections (e)(1)(i) and (ii) above, or after proper appeal is forwarded to the Commission in compliance with subsection (e)(2).

(4) Within thirty (30) business days after Commission's receipt of subsection (a) the determination of the City Attorney that the complaint complies with subsections (e)(1)(i) and (ii) above or (b) an appeal by the complainant in compliance with subsection (e)(2), the Commission shall determine whether to schedule a hearing or take other action concerning the complaint. Such determination shall be made during a meeting of the Commission by majority vote of all commissioners present.

(5) The complainant shall have one (1) opportunity within ten (10) business days of any denial of their original complaint by the Commission to amend their complaint and refile the same with the Commission.

Hearing

The hearing must be held as expeditiously as possible following the determination by the Ethics Commission to conduct a hearing on the complaint.

The sole issue at the hearing shall be whether the violation alleged in the complaint occurred.

All witnesses testify under oath.

The Ethics Commission makes its findings based on the preponderance of credible evidence in the record.

The Ethics Commission may subpoena witnesses, administer oaths, take evidence and subpoena the production of all other evidence necessary for the discharge of its duties.

If the Ethics Commission determines that a violation occurred, it shall make its findings in writing, including the particular provisions found to have been violated, and shall deliver a copy of the findings to the complainant, the person complained against and the City Secretary within five (5) working days.

Possible Sanctions

If the Ethics Commission determines that a violation occurred, it shall determine its recommendation of appropriate sanctions.  The recommendation may include reprimand, temporary suspension, removal or other corrective action.  Such recommendation is forwarded to the City Council.

The City Council shall consider the recommendation of the Ethics Commission, but will exercise its own judgment and discretion in determining what action to take.