06-24-13 Regular Meeting of La Porte City Council

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the actual or constructive knowledge of the City Council member or employee shall render the contract voidable by the City Manager or the City Council. (b) In subsection (a) of this section and in subsection 2.425(c), the term "sale to the City" includes a sale to city -sponsored entities and organizations subject to substantial control by the City in one or more of the following respects: (1) All or a majority of the governing body of the entity or organization is appointed by the City Council; (2) The City provides more than one-half of the operating funds of the entity or organization; (3) The City has approval authority over purchasing decisions made by the entity or organization- (4) The City has approval authority over bonds or other indebtedness issued by the entity or organization; or (5) The City has approval authority over the budget of the organization. (c) This section does not apply to acquisition of property by the City as a result of eminent domain proceedings or the threat of eminent domain proceedings. Section 6. Restrictions on former employees. (a) No former City employee shall, for a period of one year from the date of leaving City employment, knowingly: (1) Appear at a meeting of a board or commission staffed by members of the department of which the employee was a member, as a representative for any private person, including the employee or any immediate family member, or any group or interest. (2) Represent, directly or indirectly, any private person, including the former employee or any immediate family member, or any group or interest in any action or proceeding against the interests of the City or in any litigation in which the City or any department, agency, commission or board thereof is a party. This subsection shall not be construed to deprive a former employee of the right to due process under the law, including the right to represent himself/herself in a court proceeding. (b) In any action or proceeding in the municipal court which is instituted by a City officer or employee in the course of official duties, no former City employee shall, for a period of one year from the date of leaving City employment, knowingly represent any private person other than himself or herself, including any immediate family member, or any group or interest. (c) For a period of one year from the date of leaving employment, a former City employee shall not have any financial interest in the sale to the City of any land, materials, supplies or service. Any violation of this subsection with the actual or constructive knowledge of the former City employee shall render the contract voidable by the City Manager or the City Council. This subsection shall not apply to a former City employee whose employment was terminated as part of a reduction in force. Section 7. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone.