Sec. 2-42. - Definitions.
As used in this code of ethics, the following words and phrases have the meaning ascribed to them in this section, unless the context requires otherwise or more specific definitions set forth elsewhere in this code apply:
(a) Acceptance. A written or verbal indication that someone agrees; "Acceptance" of an offer of subsequent employment or business opportunities includes legally binding contracts and all informal understandings that the parties expect to be carried out. An agreement, either by express act or by implication from conduct, to the terms of an offer so that a binding contract is formed.
(b) Affiliated. Entities are "affiliated" if one is the parent or subsidiary of the other or if they are subsidiaries of the same parent entities.
(c) Affinity. Relationship by "affinity" (by marriage) is defined in V.T.C.A., Government Code §§ 573.024 and 573.025.
(d) Before the city. Representation or appearance "before the city" means before the city council; before a board, commission, or other city entity; or before a city official or employee. Representation "before the city" does not include representation before a board where members of that board are not wholly appointed by the city council.
(e) Benefit. "Benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including a benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.
(f) Business days. "Business days" means the days of the week, Monday through Friday, in which the administrative offices of the city are open for business.
(g) Candidate. "Candidate" means a person who knowingly and willingly takes affirmative action for the purpose of gaining nomination or election to public office or for the purpose of satisfying financial obligations incurred by the person in connection with the campaign for nomination or election. Examples of affirmative action include:
(1) The filing of a campaign treasurer appointment, except that the filing does not constitute candidacy or an announcement of candidacy for purposes of automatic resignation provisions of Article XVI, Section 65, or Article XI, Section 11, of the Texas Constitution;
(2) The filing of an application for a place on a ballot;
(3) The making of a public announcement of a definite intent to run for public office in a particular election, regardless of whether the specific office is mentioned in the announcement;
(4) Before a public announcement of intent, the making of a statement of definite intent to run for public office and the soliciting of support by letter or other mode of communication; and
(5) The soliciting or accepting of a campaign contribution or the making of a campaign expenditure.
(h) City. "City" means the City of San Antonio.
(i) Code of Ethics. "Code of Ethics," "Ethics Code," or "this code" means divisions 1 through 9 of this Article, its amendment(s) and/or enhanced definitions.
(j) Complainant. "Complainant" means an individual who has filed a sworn complaint with the city clerk as provided in section 2-83 (complaints).
(k) Confidential government information. "Confidential government information" includes all information held by the city that is not available to the public under the Texas Public Information Act and any information from a meeting closed to the public pursuant to the Texas Open Meetings Act, unless disclosure is permitted under the Open Meetings Act.
(l) Consanguinity. Relationship by "consanguinity" (by blood) is defined in V.T.C.A., Government Code §§ 573.022 and 573.023.
(m) Discretionary contract. "Discretionary contract" means any contract other than those which by law must be awarded on a low or high qualified bid basis. Discretionary contracts do not include those contracts subject to V.T.C.A., Local Government Code § 252.022(a)(7) or those contracts not involving an exercise of judgment or choice.
(n) Economic interest. "Economic interest" includes, but is not limited to, legal or equitable property interests in land, chattels, and intangibles, and contractual rights having more than de minimis value. Service by a city official or employee as an officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create for that city official or employee an economic interest in the property of the organization.
Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an economic interest in such securities or other assets unless the person in question participates in the management of the fund. Ownership of stock in a publicly traded corporation does not constitute ownership for purposes of this code if the employee or official owns less than ten (10) percent of the voting stock or shares of the entity and the value of the stock is less than fifteen thousand dollars ($15,000.00).
(o) Employee. Except as provided in section 2-52 (prohibited interests in contracts), subsection 2-58(c) (discretionary contracts), and division 7 (financial disclosure), the term "employee" or "city employee" is any person listed on the city payroll as an employee, whether part-time or full-time.
(p) Entity. "Entity" means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, unincorporated association, joint-venture, or any other entity recognized by law, including non-profit entities.
(q) Former city official or employee. A "former city official" or "former city employee" is a person whose city duties have terminated.
(r) Gift. "Gift" means a voluntary transfer of property (including the payment of money) or the conferral of a benefit having pecuniary value (such as the rendition of services or the forbearance of collection on a debt), unless consideration of equal or greater value is received by the donor.
(s) Indirect ownership. A person "indirectly owns" an equity interest in an entity where the interest is held through a series of entities, some of which own interests in others.
(t) Intentionally. A person acts intentionally, or with intent, with respect to the nature of their conduct or to a result of their conduct when it is their conscious objective or desire to engage in the conduct or cause the result.
(u) Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of their conduct or to circumstances surrounding their conduct when they are aware of the nature of their conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of their conduct when they are aware that their conduct is reasonably certain to cause the result.
(v) Official. Except in division 5 (lobbyists), the term "official" or "city official" includes the following persons:
The mayor;
Members of the city council;
The city manager;
Deputy city manager;
Assistant city managers;
Assistants to the city manager;
City clerk;
Deputy city clerk;
Assistant city clerk;
Municipal court presiding judge;
Municipal court judges and magistrates;
Municipal court clerk;
Senior deputy court clerk;
Deputy court clerk;
Chief financial officer;
City attorney;
First assistant city attorney;
All department directors and assistant/deputy department directors;
Chief executive officer - Pre-K 4 SA;
Chief executive officer - Tricentennial;
Assistant to the director;
Internal auditor and all assistant internal auditors;
Information technology auditor;
Compliance auditor;
Assistant to city council;
Assistant to mayor;
Mayor chief of staff;
Fire chief;
Deputy fire chief;
District fire chief;
Police chief;
Deputy police chief;
Assistant police director;
Police captain;
Chief equity officer;
Grants administrator;
Senior executive secretary;
Executive secretary; and
Members of all boards, commissions (except the youth commission whose members are minors), committees, and other bodies created by the city council pursuant to federal or state law or city ordinance, including entities that may be advisory only in nature, who are appointed by the mayor, the city council, or who are designated in the by-laws or organization papers of the entity to serve on behalf of the city; and board members of any entity who are appointed by the mayor or city council to such board membership.
This list is updated annually by the human resources department. All updates are incorporated into this code without further action by the city council. The human resources staff shall provide the list annually to the city clerk. The city clerk shall promptly post it on the city's ethics webpage.
The term "official" has a different meaning in division 5 (lobbyists), which is defined in subsection 2-62(a) of that division. the term "officer" is defined in subsection 2-52(e)(2) (prohibited interests in contracts) and subsection 2-58(c)(2) (discretionary contracts) and is not synonymous with any use of the term "official" in this code.
(w) Official action. "Official action" includes:
(1) Any affirmative act (including the making of a recommendation) within the scope of, or in violation of, an official or employee's duties, and
(2) Any failure to act, if the official or employee is under a duty to act and knows that inaction is likely to affect substantially an economic interest of the official or employee or any person or entity listed in subsections 2-43(a)(2)—(9) (conflicts of interest).
(x) Official Information. "Official information" includes information gathered pursuant to the power or authority of city government.
(y) Ownership. Ownership of an interest in a mutual or common investment fund that holds securities or other assets does not constitute direct or indirect ownership of such securities or other assets unless the person in question participates in the management of the fund. Ownership of stock in a publicly traded corporation does not constitute ownership for purposes of this code if the employee or official owns less than ten (10) percent of the voting stock or shares of the entity and the value of the stock is less than fifteen thousand dollars ($15,000.00).
(z) Partner. Someone who engages in an activity or undertaking with another; "partner" includes partners in general partnerships, limited partnerships, and joint ventures. One who shares or takes part with another especially in a venture with shared benefits and shared risks.
(aa) Personally and substantially participated. "Personally and substantially participated" means to have taken action as an official or employee through decision, approval, disapproval, recommendation, giving advice, investigation or similar action. The fact that the person had responsibility for a matter does not by itself establish that the person "personally and substantially participated" in the matter.
(bb) Recklessly. A person acts recklessly, or is reckless, with respect to circumstances surrounding their conduct or the result of their conduct when they are aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
(cc) Representation. "Representation" is a presentation of fact—either by words or by conduct—made to induce someone to act. "Representation" does not include appearance as a witness in litigation or other official proceedings.
(dd) Respondent means an individual identified in a sworn complaint to have allegedly violated the ethics code or the municipal campaign finance code of the city.
(ee) Solicitation. "Solicitation" of subsequent employment or business opportunities includes all forms of proposals and negotiations relating thereto.
(Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13; Ord. No. 2018-06-21-0491, § 1(Att. A), 6-21-18; Ord. No. 2024-05-02-0274, § 1(Att. A), 5-2-24)
