Laserfiche WebLink
(d) Consider approval or other action regarding an Ordinance adopting an ethics and conflict of <br />interest policy applicable to City elected officials, City officers and City employees — <br />Councilmembers Zemanek, Kaminski and Moser <br />Councilmember Zemanek moved to adopt an Ordinance regarding an ethics and conflict of interest <br />policy applicable to City elected officials, City officers and City employees as presented. <br />Councilmember Kaminski seconded. <br />Councilmember Clausen commented he is very much in favor of an ethics and conflict of interest <br />ordinance for City Council and the City; however he believes it will be unethical and illegal to adopt <br />a policy aimed at one person or one specific group of people. Councilmember Clausen also <br />commented the City Attorney and the Attorney General Office have advised the proposed <br />ordinance does not follow the Texas Local Government Code. Councilmember Clausen read a <br />prepared statement. <br />Councilmember Clausen amended the motion and moved to table the proposed ordinance until <br />July 22, 2013, to be re written and consistent with statutory law. <br />Councilmember Mosteit commented he would like the proposed ordinance researched not to <br />restrict a former employee from representing themselves or their property. Assistant City Attorney <br />Clark Askins responded an employee as a homeowner is entitled to go before the City and <br />represent themselves. <br />Mayor Rigby commented the proposed ordinance as written indicates any discussion regarding <br />La Porte Independent School District will exclude Councilmembers Leonard and Clausen; any <br />discussion regarding code issues will exclude Councilmembers Moser and Mosteit; several Boards <br />and Commissions members will be prevented from serving on the board, and is questionable if an <br />employee's spouse is allowed to be employed by companies where the City conducts business. <br />Mayor Rigby also commented he agrees with Councilmember Clausen being in favor of ethics, <br />being honest, forthcoming and transparent but does not feel the proposed ordinance is aimed at the <br />intent. <br />Councilmember Zemanek asked Mayor Rigby what his opinion is of the intent of the proposed <br />ordinance. Mayor Rigby responded, to prevent Councilmember Clausen from discussing anything <br />pertaining to the school district. Councilmember Zemanek questioned Mayor Rigby if he thought it <br />was okay for Councilmember Clausen to speak on behalf of the school district in an Executive <br />Session. Mayor Rigby responded he does not know of Councilmember Clausen speaking on behalf <br />of the school district in an Executive Session. Councilmember Zemanek commented if <br />Councilmember Engelken excuses himself when CenterPoint issues are being discussed, he does <br />not see why the same should not apply to Councilmembers Clausen and Leonard when Council <br />strategizes in an Executive Session. <br />Councilmember Clausen advised there are Attorney General Opinions available advising an <br />ordinance cannot be restricted to eliminate non-profit governmental entities, and he will forward <br />them to Mr. Askins. <br />Councilmember Clausen moved table the proposed ordinance until July 22, 2013. Councilmember <br />Mosteit seconded. MOTION PASSED. <br />8. REPORTS <br />Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen, <br />Martin, and Leonard <br />Nays: Councilmembers Zemanek, Moser and Kaminski <br />Absent: None <br />Page 4 of 6 <br />June 24, 2013, Council Meeting Minutes <br />