§ 2.92.050 — Reporting requirements

2.92.050 - Reporting requirements.

A. Financial disclosure. 1. Each officer, excluding elected officials whose financial disclosure requirements are governed by City Charter, and each designated employee, shall file with the city clerk, within ten business days after the date of his appointment, selection or approval by the city council, a statement disclosing: a. Where, by whom and in what specific capacity that person is employed or self-employed; b. Membership on boards of directors of corporations, whether organized for profit or not; c. Partnership interests; and d. The name and address of any business in which the person has a financial investment, and in the case of mutual funds and other similar pooled investments, the name of the fund or investment. For purposes of this subsection, a financial investment shall not include funds on deposit with financial institutions such as checking and savings accounts, investments in United States savings bonds, and similar investments that earn simple, compounded or money-market interest rates; unless the person has previously been appointed to a position that requires the filing of a financial disclosure form and the person already has a current financial disclosure form on file with the city clerk. 2. Each person submitting a statement of financial disclosure required under this section shall utilize a form provided by the city clerk, which shall be signed and submitted in hard copy, or submitted electronically or by facsimile as may be provided by the city clerk. The form or submission process shall provide a means by which the submitter affirms his identity and the accuracy of the statements made therein. 3. No person submitting such a statement of financial disclosure must indicate therein the extent of financial involvement in any investments. 4. The members of the boards and commissions identified below and every designated employee shall thereafter file with the city clerk a financial disclosure statement, between June 1 st and June 30 th of each year while in office or employed by the city. Each person subject to this section shall file a revised financial disclosure form at any time in which the person changes his primary employment or has made changes in financial investments which cumulatively total more than thirty-five percent of the person's total investments. Those persons who have no changes to report regarding the information required to be reported, may, in lieu of filing a complete financial disclosure form, file a short form annual report, provided that they have filed a complete financial disclosure form within the previous five years. a. Building and standards commission. b. City plan commission. c. Civil service commission. d. Construction board of appeals. e. Ethics review commission. f. Historic landmark commission. g. Parks and recreation board. h. Public service board. i. Zoning board of adjustment. 5. Each candidate for elective office and each candidate for appointment to the boards and commissions identified or as a designated employee shall be provided with a notice of financial disclosure requirements at the time of application for such office or employment. 6. Each year, by August 15 th , the city clerk shall prepare a report noting whether each person, who is required to file a financial disclosure statement has done so as of the date of the city clerk's report. If the person has not filed their required financial disclosure statement upon the time the city clerk finished the report or the person fails to file their financial disclosure statement within fourteen days of their appointment and they do not already have a current financial disclosure statement on file, the city clerk shall send a written notice by certified mail, return receipt requested, with a copy sent by regular mail, to the person to advise them that they have not filed a financial disclosure statement as required by this section and that they have fourteen days from the date of the letter to file his or her financial disclosure statement. If the person is a board member covered under Section 2.92.050(A)(9)(e), the city clerk will also advise the board member that the failure to timely file the financial disclosure statement will result in the automatic removal of that board member from his or her office. In the event of an unforeseen circumstance, including but not limited to, military service or acute illness or leave without pay under the Family Medical Leave Act, the deadline for receipt by the city clerk is extended until such time as the board member or employee resumes his or her city duties. 7. In the event that a designated employee that reports to the city manager, fails to file a required financial disclosure report, or had filed incomplete or unresponsive information by the deadlines calculated under Section 2.92.050(A)(1) of this section, the city clerk shall notify the individual that the matter is being forwarded to the city manager for appropriate action. 8. In the event that a board member fails to file his or her financial disclosure statement or has filed incomplete or unresponsive information by the deadlines calculated under Section 2.92.050(A)(1), (4), or (9) of this section, the following actions will be taken: a. In the event that the board member is a member of the civil service commission, the city clerk shall prepare and send a notice of the failure of the civil service commission member to file a financial disclosure statement to each member of the city council for their review and consideration regarding the possible removal of the civil service commission member from office in accordance with Section 6.1-10 of the City Charter. b. In the event that the board member is a member of the zoning board of adjustment, the city clerk shall prepare and send a notice of the failure of the zoning board of adjustment member to file a financial disclosure statement to each member of the city council for their review and consideration regarding the possible removal of the zoning board of adjustment member from office in accordance with Section 211.008, Texas Local Government Code. c. In the event that the board member is a member of the public service board other than the mayor, the city clerk shall prepare and send a notice of the failure of the public service board member to file a financial disclosure statement to each member of the city council for their review and consideration regarding the possible removal of the public service board member from office in accordance with the applicable removal provisions contained in any pertinent ordinance adopted by the city for the issuance of water or sewer revenue bonds. d. In the event that the board member is a member of the El Paso Housing Finance Corporation, the industrial development authority, or other similar corporation organized pursuant to state law, the city clerk shall prepare and send a notice of the failure of the board member to file a financial disclosure statement to each member of the city council for their review and consideration regarding the possible removal of the board member from office in accordance with the applicable removal provisions contained in any articles of agreement or bylaws of the corporation or statutory provisions. e. In the event that the board member is a member of any other city board subject to the requirement of this section, that board member shall be deemed removed from office without action or review by the city council. The city clerk shall prepare and send a notice of the removal to the board member and to the city council member who had appointed the board member. The removal shall be effective on the date that the notice is deposited in the United States mail or if not mailed, upon delivery to the board member. 9. The removal provision established in Section 2.92.050(A)(9)(e) of this section for the failure of a board member to file a financial disclosure statement shall be in addition to and shall be controlling over any other city ordinance or city council resolution that establishes procedures for the removal of board members. 10. Financial disclosure reports are open records subject to the Texas Open Records Act, and shall be maintained in accordance with the Local Government Records Act. B. Reporting of gifts. 1. Each officer and designated employee shall keep a written record of all reportable gifts received during his or her term of office or employment. 2. Such record shall be made for each calendar month. The record shall include a description of the reportable gift received; the name of the person and organization giving the reportable gift; the relationship of the donor to the reporter; the value or estimated value of the reportable gift; and the immediate or intended disposition of the reportable gift. A reportable gift consisting of a certificate or admission ticket or pass to a future event or activity shall be deemed to have been received on the date on which the certificate or admission ticket or pass was received, and if such certificate or admission ticket or pass must be reported under subsection (B)(4)(d), a statement as to the duties performed. 3. Such monthly record shall be submitted to the city clerk on the form she provides no later than the tenth day of the following month for each month during which a reportable gift is received. 4. "Reportable gifts" for purposes under this section shall mean the following: a. Any gift that is not covered by the special applications under Section 2.92.040 B of this Code, has a value of more than ten dollars, and was conferred on account of the official status of the recipient or in connection with official city business, except as provided below in subsections b, c and d; b. Any hosting, such as travel and expenses, entertainment, meals or refreshments, that has a value of more than fifty dollars, other than hosting provided on account of kinship or a personal, professional, or business relationship independent of the official status of the recipient; c. Any award presented in recognition of public service, or an honorarium, with a value of more than fifty dollars; and d. Any tickets or other admission passes to an event with an actual or face value of more than ten dollars for all tickets or admission passes to the same event received at the same time, except for tickets or admission passes provided by the city for an event that is sponsored or conducted by the city. 5. Any gift, benefit, hosting, honorarium or other economic gain or economic advantage that is refused and returned to the sender within seventy-two hours of receipt shall not constitute a reportable gift under this section. 6. Any gift which exceeds seventy-five dollars in value, which is not covered by the special applications under Section 2.92.040 B of this Code and which is turned over to the city manager within seventy-two hours of receipt for acceptance as a gift to the city, shall not constitute the acceptance of a gift in violation of this Code, provided that the disposition of such gift is reported on a timely filed reportable gift form. 7. The manager, on a monthly basis, shall prepare a report which shall be made available to the public of all gifts that have been turned over to his office for acceptance as a gift to the city.

(Ord. No. 19139, § 1, 2-16-2021)