PRESENT CITY OFFICIALS AND EMPLOYEES

San Antonio City Code ch. 2, art. III, div. 2

in effect

San Antonio City Code § 2-43 Conflicts of interest.

Sec. 2-43. - Conflicts of interest. (a) Definitions. For purposes of this rule: (1) An action is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof; and (2) The term client includes any business, financial or professional relationship to which a duty of care, confidence, trust or privilege applies. (b) General rule. To avoid the appearance and risk of impropriety, a city official or employee shall not take any official action that they know is likely to affect the economic interests of: (1) The official or employee; (2) Their parent, child, spouse, or other family member within the second degree of consanguinity or affinity; (3) Their outside client; (4) A member of their household; (5) The outside employer of the official or employee or of their parent, child (unless the child is a minor), spouse, or member of the household (unless member of household is a minor); (6) An entity in which the official or employee knows that any of the persons listed in subsections (b)(1) or (b)(2) holds an economic interest as that term is defined in section 2-42; (7) An entity which the official or employee knows is an affiliated or partner of an entity in which any of the persons listed in subsections (b)(1) or (b)(2) holds an economic interest as defined in section 2-42; (8) An entity for which the city official or employee serves as an officer or director or in any other policy making position unless they meet all of the following conditions: a. The person, as a duty of office or job assignment, serves on such board as a representative of the city; b. The person receives no remuneration, either directly or indirectly, for their service on such board; and c. The primary nature of the business entity is either charitable, nonprofit, or governmental; or (9) A person or entity with whom, within the past twelve (12) months: a. The official or employee, or their spouse, directly or indirectly has: 1. Solicited an offer of employment for which the application is still pending; 2. Received an offer of employment which has not been rejected; or 3. Accepted an offer of employment; or b. The official or employee, or their spouse, directly or indirectly engaged in negotiations pertaining to business opportunities, where such negotiations are pending or not terminated. (c) Benefits to previous employers. A city official or employee may not, within twelve (12) months of beginning their employment or service with the city, participate in the making or awarding of a contract or any other matter benefiting a person or business entity that formerly employed the city official or employee during the previous twelve (12) months. (d) Recusal and disclosure. A city official or employee whose conduct would otherwise violate subsection (b) or (c) must recuse themselves. From the time that the conflict is, or should have been recognized, they shall: (1) Immediately refrain from further participation in the matter, including discussions with any persons likely to consider the matter; and (2) Promptly file with the city clerk the appropriate form for disclosing the nature and extent of the prohibited conduct. In addition: (3) A supervised employee shall promptly bring the conflict to the attention of their supervisor who will then, if necessary, reassign responsibility for handling the matter to another person; and (4) A member of a board shall promptly disclose the conflict to other members of the board and shall not be present during the board's discussion of, or voting on, the matter. (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)

San Antonio City Code § 2-44 Unfair advancement of private interests.

Sec. 2-44. - Unfair advancement of private interests. (a) General rule. A city official or employee may not use their official position to unfairly advance or impede private interests, or to grant or secure, or attempt to grant or secure, for any person (including themselves) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. A city official who represents to a person that they may provide an advantage to that person based on the official's position on a board or commission violates this rule. (b) Special rules. The following special rules apply in addition to the general rule: (1) Acquisition of interest in impending matters. A city official or employee shall not acquire an interest in, or be affected by, any contract, transaction, zoning decision, or other matter, if the official or employee knows, or has reason to know, that the interest will be directly or indirectly affected by impending official action by the city. (2) Reciprocal favors. A city official or employee may not enter into an agreement or understanding with any other person that official action by the official or employee will be rewarded or reciprocated by that person, directly or indirectly. (3) Appointment of relatives. A city official or employee shall not appoint or employ or vote to appoint or employ any relative within the third degree of consanguinity or affinity or any member of their household to any office or position of employment within the city. (4) Supervision of relatives. No official or employee shall be permitted to be in the line of supervision of a relative within the third degree of consanguinity or affinity or any member of their household. Department heads are responsible for enforcing this policy. If an employee, by reason of marriage, promotion, reorganization, or otherwise, is placed into the line of supervision of a relative, one of the employees will be reassigned or other appropriate arrangements will be made for supervision. (c) Recusal and disclosure. A city official or employee whose conduct would otherwise violate this section shall adhere to the recusal and disclosure provisions provided in subsection 2-43(d) (conflicts of interest). (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)

San Antonio City Code § 2-45 Gifts.

Sec. 2-45. - Gifts. (a) Definitions. (1) For purposes of this rule, a person is an "outside business associate" if both that person and the city official or employee own, with respect to the same entity: a. Ten (10) percent or more of the voting stock or shares of the entity, or b. Ten (10) percent or more of the fair market value of the entity. (2) For purposes of this rule, a "sponsor" of an event is the person or persons primarily responsible for organizing the event or sponsoring a table or tables. A person who simply contributes money or buys tickets to an event is not considered a sponsor. (3) A "source" is the individual or entity that funds an expenditure or series of expenditures. Expenditures made by multiple agents of the same source are deemed to be expenditures from a single source. (4) An item of "nominal value" is an item with a fair market value of fifty dollars ($50.00) or less. (b) General rule. (1) A city official or employee shall not solicit, accept, or agree to accept any gift or benefit for themselves or their business: a. That reasonably tends to influence or reward official conduct; or b. That the official or employee knows or should know is being offered with the intent to influence or reward official conduct. A city official or employee may accept a public award or reward for meritorious service of professional achievement, provided that the award or reward is reasonable in light of the occasion and it is not prohibited under V.T.C.A., Penal Code § 36.08. (2) A city official or employee shall not solicit, accept, or agree to accept any gift or benefit, from: a. Any individual or entity doing or seeking to do business with the city; or b. Any registered lobbyist or public relations firm; or c. Any person or entity seeking action or advocating on zoning or platting matters before a city body, save and except for: 1. Items received that are of nominal value; or 2. Meals or entertainment in an individual expense of fifty dollars ($50.00) or less at any occurrence, and no more than a cumulative value of five hundred dollars ($500.00) in a single calendar year from a single source. Doing business with the city includes, but is not limited to, individuals and entities that are parties to a discretionary contract, individuals and entities that are subcontractors to a discretionary contract, and partners and/or parents and/or subsidiary business entities of any individuals and entities that are parties to a discretionary contract and individuals or entities that seek or have low-bid contracts with the city. (3) As required under V.T.C.A., Penal Code § 36.07, a city official or employee shall not solicit, accept, or agree to accept an honorarium in consideration for services that they would not have been requested to provide but for their official position or duties. (c) Special applications. Subsection (b)(2) does not include: (1) A gift to a city official or employee relating to a special occasion, such as a wedding, anniversary, graduation, birth, illness, death, or holiday, provided that the value of the gift is fairly commensurate with the occasion and the relationship between the donor and recipient; (2) Advancement for or reimbursement of reasonable expenses for travel in connection with official duties authorized in accordance with city policies; such payments must be disclosed in a travel report as required in section 2-76; payment for or reimbursement of expenses for travel in excess of authorized rates under city policy will be treated as a personal gift to the official or employee for any applicable reporting requirements under section 2-73, 2-74 or 2-78; (3) A public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion and it is not prohibited under V.T.C.A., Penal Code § 36.08; (4) A loan from a lending institution made in its regular course of business on the same terms generally available to the public; (5) A scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants; (6) Any solicitation for civic or charitable causes; (7) Admission to an event in which the city official or employee is participating in connection with their spouse's position; (8) Ceremonial and protocol gifts presented to city officials from a foreign government or international or multinational organization and accepted for the city; (9) Admission to a widely attended event, such as a convention, conference, symposium, forum, panel discussion, dinner, viewing, reception or similar event, offered by the sponsor of the event, and unsolicited by the city official or employee, if attending or participating in an official capacity, including: a. The official or employee participates in the event as a speaker or panel participant by presenting information related to matters before the city; b. The official or employee performs a ceremonial function appropriate to that individual's position with the city; or c. Attendance at the event is appropriate to the performance of the official duties or representative function of the official or employee; (10) Admission to a charity event provided by the sponsor of the event, where the offer is unsolicited by the city official or employee; (11) Admission to training or education program or other program, including meals and refreshments furnished to all attendees, if such training is related to the official or employee's official duties and the training is in the interest of the city. (d) Campaign contribution exception. The general rule stated in subsection (b) does not apply to a campaign contribution made pursuant to the Texas Election Code. (e) Gifts to closely related persons. A city official or employee shall take reasonable steps to persuade: (1) A parent, spouse, child, or other relative within the second degree of consanguinity or affinity; or (2) An outside business associate not to solicit, accept, or agree to accept any gift or benefit; or (3) That reasonably tends to influence or reward the city official's or employee's official conduct; or (4) That the official or employee knows or should know is being offered with the intent to influence or reward the city official's or employee's discharge of official duties. If a city official or employee required to file a financial disclosure report under division 7 (financial disclosure) knows that a gift or benefit meeting the requirements of subsection (e)(3) or (e)(4) of this rule has been accepted and retained by a person identified in subsection (e)(1) or (e)(2) of this rule, the official or employee shall promptly file a report with the city clerk disclosing the donor, the value of the gift or benefit, the recipient, and the recipient's relationship to the official or employee filing the report. (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)

San Antonio City Code § 2-46 Confidential information.

Sec. 2-46. - Confidential information. (a) Improper access. A city official or employee shall not use their position to obtain official information about any person or entity for any purpose other than the performance of official duties. (b) Improper disclosure or use. A city official or employee shall not intentionally, knowingly, or recklessly disclose any confidential information gained by reason of that official's or employee's position concerning the property, operations, policies or affairs of the city. This rule does not prohibit: (1) Any disclosure that is no longer confidential by law; or (2) The confidential reporting of illegal or unethical conduct to authorities designated by law. (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)

San Antonio City Code § 2-47 Representation of private interests.

Sec. 2-47. - Representation of private interests. (a) Representation of private interests before the city by a member of the board. A city official or employee who is a member of a board or other city body shall not represent any person, group, or entity: (1) Before that board or body; (2) Before city staff having responsibility for making recommendations to, or taking any action on behalf of, that board or body, unless the board or body is only advisory in nature; or (3) Before a board or other city body which has appellate jurisdiction over the board or body of which the city official or employee is a member, if any issue relates to the official's or employee's official duties. (b) Representation of private interests before the city by city officials and employees. (1) General rule. A city official or employee shall not represent for compensation any person, group, or entity, other than themselves, or their spouse or minor children, before the city. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. (2) Exception for board members. The rule stated in subsection (b)(1) does not apply to a person who is classified as a city official only because they are an appointed member of a board or other city body. (c) Prestige of office and improper influence. In connection with the representation of private interests before the city, a city official or employee shall not: (1) Assert the prestige of the official's or employee's city position for the purpose of advancing private interests; or (2) State or imply that they are able to influence city action on any basis other than the merits. (d) Representation in litigation adverse to the city. (1) Officials and employees (other than board members). A city official or employee, other than a person who is classified as an official only because they are an appointed member of a board or other city body, shall not represent any person, group, or entity, other than themselves, or their spouse or minor children, in any litigation to which the city is a party, if the interests of that person, group, or entity are adverse to the interests of the city. (2) Board members. A person who is classified as a city official only because they are an appointed member of a board or other city body shall not represent any person, group, or entity, other than themselves, or their spouse or minor children, in any litigation to which the city is a party, if the interests of that person, group, or entity are adverse to interests of the city and the matter is substantially related to the official's duties to the city. (Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13; Ord. No. 2024-05-02-0274, § 1(Att. A), 5-2-24)

San Antonio City Code § 2-48 Conflicting outside employment.

Sec. 2-48. - Conflicting outside employment. (a) General rule. A city official or employee shall not solicit, accept, or engage in concurrent outside employment which could reasonably be expected to impair independence of judgment in, or faithful performance of, official duties. (b) Special application. The following special rule applies in addition to the general rule: A city official or employee shall not provide services to an outside employer related to the official's or employee's city duties. (c) Other rules. The general rule stated above applies in addition to all other rules relating to outside employment of city officials and employees, including requirements for obtaining prior approval of outside employment as applicable. (Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13)

San Antonio City Code § 2-49 Public property and resources.

Sec. 2-49. - Public property and resources. A city official or employee shall not use, request, or permit the use of city facilities, personnel, equipment, or supplies or time while on city duty for private purposes (including political purposes), except: (1) Pursuant to duly adopted city policies, or (2) To the extent and according to the terms that those resources are lawfully available to the public. (Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13)

San Antonio City Code § 2-50 Political activity.

Sec. 2-50. - Political activity. Limitations on the political activities of city officials and employees are imposed by state law, the city charter, and city personnel rules and are incorporated into this provision by reference. In addition, the following ethical restrictions apply: (1) Influencing subordinates. A city official or employee shall not, directly or indirectly, induce or attempt to induce any city subordinate of the official or employee: a. To participate in an election campaign, contribute to a candidate or political committee, or engage in any other political activity relating to a particular party, candidate, or issue, or b. To refrain from engaging in any lawful political activity. A general statement merely encouraging another person to vote does not violate this rule. (2) Paid campaigning. A city official or employee shall not accept any thing of value, directly or indirectly, for political activity relating to an item pending on the ballot, if they participated in, or provided advice relating to, the exercise of discretionary authority by a city body that contributed to the development of the ballot item. Any thing of value does not include a meal or other item of nominal value the city official or employee receives in return for providing information on an item pending on the ballot. (3) Official vehicles. A city official or employee shall not display or fail to remove campaign materials on any city vehicle under their control. Limitations on the use of public property and resources for political purposes are imposed by section 2-49 (public property and resources). (Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13; Ord. No. 2024-05-02-0274, § 1(Att. A), 5-2-24)

San Antonio City Code § 2-51 Actions of others.

Sec. 2-51. - Actions of others. (a) Violations by other persons. A city official or employee shall not intentionally or knowingly assist or induce, or attempt to assist or induce, any person to violate any provision in this code of ethics. (b) Using others to engage in forbidden conduct. A city official or employee shall not violate the provisions of this code of ethics through the acts of another. (Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13)

San Antonio City Code § 2-52 Prohibited interests in contracts.

Sec. 2-52. - Prohibited interests in contracts. (a) Definitions. For purposes of enforcing section 141 of the city charter under the provisions of this section: (1) A city "employee" is any employee of the city who is required to file a financial disclosure statement pursuant to subsection 2-73(a) (financial disclosure report). (2) A city "officer" is: a. The mayor or any council member; b. A municipal court judge or magistrate; or c. A member of any board or commission which is more than advisory in nature. The term does not include members of the board of another governmental entity even if some or all of these members are appointed by the city. (b) Charter provision. The city charter in section 141 states, "no officer or employee of the city shall have a financial interest, direct or indirect, in any contract with the city, or shall be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies, or service, except on behalf of the city as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this section, with the knowledge, expressed or implied, of the person or corporation contracting with the council shall render the contract involved voidable by the city manager or the council." (c) Financial interest. An officer or employee is presumed to have a prohibited "financial interest" in a contract with the city, or in the sale to the city of land, materials, supplies, or service, if any of the following individuals or entities is a party to the contract or sale: (1) The officer or employee; (2) Their spouse, sibling, parent, child or other family member within the first degree of consanguinity or affinity; (3) An entity in which the officer or employee, or their parent, child or spouse, directly or indirectly owns: a. Ten (10) percent or more of the voting stock or shares of the entity, or b. Ten (10) percent or more of the fair market value of the entity; or (4) An entity of which any individual or entity listed in subsection (1), (2) or (3) is: a. A subcontractor on a city contract; b. A partner; or c. A parent or subsidiary entity. (d) The mayor and members of the city council may not have a "financial interest" in a contract with, or in the sale of any land, materials, supplies, or service to any entity to which they, either as individual city officers or as the city council, selects or nominates members of its governing body. This prohibition applies only to the individual member of the city council responsible for making the selection or nomination, if the selection or nomination does not require approval of the city council; or to each member of the city council, if the selection or nomination is made by an action of the city council. (e) If an officer or employee has or may potentially have a presumed prohibited financial interest in a contract with the city, or in the sale to the city of land, materials, supplies or service under subsection (c), the officer or employee may apply to the ethics review board for a determination and decision on whether the officer or employee has an actual direct or indirect financial interest in that contract or transaction. The ethics review board will make this assessment using a standard of "clear and convincing" evidence at a hearing. A request for such a determination cannot be made confidentially. The hearing must be posted seventy-two (72) hours in advance, clearly stating the officer or employee with the presumed prohibited financial interest, the contract or transaction at issue, and the individual or entity that is the party to the contract or transaction at issue. (f) Any contract or transaction already in place at the time the individual becomes an officer or employee subject to the prohibitions in section 141 of the city charter may remain in place until the contract expires or the transaction is completed without creating a prohibited financial interest for the officer or employee. (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)

San Antonio City Code § 2-53 Employees of the City of San Antonio Council Aides Corporation.

Sec. 2-53. - Employees of the City of San Antonio Council Aides Corporation. (a) A member of the city council who, in the course of official duties, has direct supervisory authority over employees of the City of San Antonio Council Aides Corporation shall make reasonable efforts to ensure that the conduct of such employees is compatible with the obligations imposed on city officials and city employees by this code of ethics. (b) Employees of the City of San Antonio Council Aides Corporation shall comply with all obligations imposed by this code of ethics on city employees, except for restrictions on political activity imposed on city employees by the city charter or the city's personnel rules under section 2-50 of this code. Employees of the City of San Antonio Council Aides Corporation, though, may not engage in political activity using city resources or during duty hours. (c) All contracts for employees of the City of San Antonio Council Aides Corporation shall contain a provision requiring compliance with all requirements imposed by this code on city employees. (Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13; Ord. No. 2024-05-02-0274, § 1(Att. A), 5-2-24)

San Antonio City Code § 2-54 Persons required to report; time to report; place to report.

Sec. 2-54. - Persons required to report; time to report; place to report. (a) A city official, employee, or person subject to this ethics code who has knowledge or a reasonable belief of a violation including a self-violation, of any of the provisions of this ethics code shall report this violation as provided below within a reasonable time after the person has knowledge of a violation. A city official or employee shall not delegate to, or rely on, another person to make the report. Any city official, employee, or person subject to this ethics code who has knowledge or a reasonable belief that a violation including a self-violation, of the ethics code has been committed and intentionally fails to report such violation is subject to the penalties herein. (b) A report made under this section shall be made to: (1) The compliance auditor or their designee; or (2) The ethics review board; (c) A report shall state: (1) The name of the city official or employee who believes that a violation of a provision of the ethics code has been or may have been committed; (2) The identity of the person or persons who allegedly committed the violation; (3) A statement of the facts on which the belief is made; and (4) Any other pertinent information concerning the alleged violation. (d) Notice of all reports shall be provided to the compliance auditor, ethics review board, and city attorney's office within two (2) business days of receipt. (e) If the ethics review board determines a violation of the ethics code has occurred, the ethics review board may take appropriate action on the matter, including, but not limited to, recommending a waiver by the city council of the code provision(s) violated, or the filing of a complaint for a hearing by the ethics review board. (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)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH2AD_ARTIIICOET_DIV2PROFEMFetched: 10/27/2026