CONFLICTS OF INTEREST.

Dallas City Code ch. 12A, art. III

in effect

Dallas City Code § 12A-12 GIFTS.

SEC. 12A-12. GIFTS. (a) General rules. (1) A city official or employee shall not solicit, accept, or agree to accept any gift, favor, benefit, or service that: (A) reasonably tends to influence or reward official conduct; or (B) the city official or employee knows is intended to influence or reward the discharge of official duties. (2) A person or business entity shall not knowingly offer any gift or benefit to a city official or employee that: (A) reasonably tends to influence or reward official conduct; or (B) the person or business entity knows is intended to influence or reward the discharge of official duties. (3) Except as provided in Subsection (f), a city official or employee shall not accept cash, a cash equivalent open loop gift card (including a Visa or Mastercard gift card), check, or negotiable instrument from any person or representative of a person or entity who does business with or is seeking to do business with the city. In this paragraph, OPEN LOOP means a general- purpose charge card that can be used anywhere that brand of card is accepted and does not include closed loop gift cards that can only be used at a specific merchant listed on the card. (4) Employees must comply with departmental rules regarding gifts, if any. If a conflict exists between this chapter and a departmental rule, the stricter rule or regulation controls. (5) A city official or employee who receives an unsolicited benefit or gift that he or she is not allowed to accept or does not wish to accept to avoid any appearance of impropriety, may donate the item to the city, another governmental entity that has the authority to accept the item, or to a tax-exempt charitable organization formed for educational, religious, or scientific purposes. A city official or employee who donates an unsolicited benefit or gift may notify the inspector general on a form approved by the inspector general that provides the city official or employee's name, the gift donated, and the entity to which the city official or employee donated the unsolicited benefit or gift. (b) Exceptions. For purposes of this chapter, the following are not considered reportable gifts: (1) reimbursement of reasonable expenses for travel in accordance with the city's ordinances, administrative directives, and this section; (2) a public award or reward in recognition of public service or professional achievement, if the award or reward is reasonable in light of the occasion; (3) a loan from a lending institution made in its regular course of business on the same terms generally available to the public; (4) a scholarship or fellowship awarded on the same terms and based on the same criteria applied to other applicants; (5) admission, regardless of value, to an event that a city official or employee is invited to, is offered tickets to, or is participating in relating to their official duties or responsibilities, including gathering information about a current or potential city supported program; (6) tickets, meals, travel, lodging, and entertainment accepted by a city official or employee in accordance with Subsections (c) and (d); (7) items having a nominal value (a noncash value of less than $50.00) accepted by a city official or employee from a resident or person or entity doing, or seeking to do, business with the city if a city official or employee does not receive cumulative items from a single source in a calendar year of more than $50.00 or plaques, caps, key rings, mugs, tee shirts, fresh cut flowers given at public appearances, or perishable food and beverages infrequently given. (8) A ceremonial or protocol gift given to a city official or employee on behalf of the city, provided that any ceremonial or protocol gift given to: (A) a city official valued over $300.00 is delivered to the city manager as a donation to the city, or (B) an employee is delivered to the city manager within 30 days after receipt as a donation to the city. (9) Gifts from a relative or a person with whom the city official or employee has a personal, professional, or business relationship independent of the city official or employee's status with the city. (c) Honorarium, meals, travel, lodging, and entertainment. (1) A city official or employee may not solicit, accept, or agree to accept any honorarium (cash payment or in-kind gift, except a plaque) in consideration for services that a city official or employee would not have been requested to provide but for his or her official position or duties. (2) A city official may accept meals, travel, lodging, or entertainment if: (A) the city official is a guest; and (B) the donor or host is present at the meal, travel, lodging, or entertainment. (3) An employee may accept meals, travel, lodging, or entertainment relating to a conference, seminar, trade show, or event that is related to the employee's job duties. Attendance must be approved in accordance with the city's Administrative Directive on travel, and costs must be reasonable. (d) Tickets. (1) When receiving complimentary tickets, city officials and employees must evaluate whether the tickets are a gift in violation of Subsection (a). (2) City officials and employees may receive tickets to a fundraiser or charity event that benefits a city facility or program, subject to availability and in the sole discretion of an event sponsor. These tickets may not be sold or transferred, except to another city official or employee. (3) Councilmembers and board and commission members may receive complimentary annual memberships, individual or family, to city owned facilities that are operated or managed by a non-profit entity on behalf of the city. (4) City officials may receive tickets to city owned facilities that are operated by a non-profit entity, such as the State Fair, Arboretum, Dallas Museum of Art, Dallas Summer Musicals, South Dallas Cultural Center, and the Latino Cultural Center, subject to availability and in the sole discretion of an event sponsor, and either the city official or his or her spouse, domestic partner, or significant other must be in attendance at the event. These tickets may not be sold or transferred, except to the city official's spouse, domestic partner, or significant other to another city official or employee. (5) Councilmembers and board and commission members may request tickets to events at city owned facilities that are operated or managed by a for-profit entity over which city council does not have oversight responsibilities, such as American Airlines Center, but councilmembers and board and commission members are required to purchase these tickets at face value. (6) City officials and department directors may accept blocks of promotional complimentary tickets to events for distribution, in accordance with any requirements by the event sponsor, to the general public, including constituents, to encourage attendance of the general public at city facilities, programs, and events. (7) City officials and employees may accept discount tickets if the tickets are provided to all councilmembers, an entire department or office, or the entire city. (e) Reporting. Except as provided in this chapter, city officials and employees must report gifts, including tickets, meals, travel, lodging, or entertainment in accordance with applicable state law and the city's reporting requirements in Article VI. (f) Campaign contribution exception. The general rule in Subsection (a) does not apply to a campaign contribution received and reported in compliance with the Texas Election Code. (Ord. Nos. 32072; 32472)

Dallas City Code § 12A-13 PERSONAL BENEFIT TO OTHERS.

SEC. 12A-13. PERSONAL BENEFIT TO OTHERS. (a) Personal benefits to others. To avoid the appearance and risk of a conflict of interest, a city official or employee shall not use his or her official position or office, to take or refrain from taking, official action that he or she knows will result in a personal benefit for any of the following persons or entities: (1) a relative of the city official or employee; (2) a person with whom the city official or employee has a financial or business relationship, including but not limited to: (A) an outside employer business of the city official, employee, or their relative, or someone who works for such outside employer of business; (B) a client or substantial customer of the city official, employee, or their relative (SUBSTANTIAL means an amount exceeding 10 percent of the city official, employee, or their relative's income for the previous year); (C) a debtor or creditor of the city official, employee, or their relative; or (D) a person or business entity with whom the city official or employee, has, directly or indirectly, within the past 12 months, (i) engaged in negotiations pertaining to a business opportunity, or (ii) solicited an offer of employment, received, and not rejected an offer of employment, or accepted an offer of employment. (b) Recusal and disclosure. A city official or employee whose conduct would violate Subsection (a) shall follow the recusal and disclosure requirements in Section 12A-24 of this chapter. (c) Exceptions. A personal benefit does not include: (1) salaries, compensation, or employee benefits when the salaries, compensation, or employee benefits are not given in exchange for a city employee's or city official's official action or lack of action; (2) campaign or political contributions that are made and reported in accordance with state law; (3) hospitality extended for a purpose unrelated to the official business of the city; (4) a public award or reward in recognition of public service or professional achievement, if the award or reward is reasonable in light of the occasion; (5) gifts or other ceremonial symbols of recognition presented by representatives of governmental bodies or political subdivisions who are acting in their official capacities; (6) a loan from a lending institution made in its regular course of business on the same terms generally available to the public; (7) complimentary copies of trade publications; and (8) anything of value received as a devise, bequest, or inheritance. (d) Municipal management district boards. The restrictions and requirements of this section do not apply to a member of a municipal management district board. (Ord. Nos. 32072; 32472)

Dallas City Code § 12A-13.1 SUBSTANTIAL INTEREST IN BUSINESS ENTITY.

SEC. 12A-13.1. SUBSTANTIAL INTEREST IN BUSINESS ENTITY. (a) If a city official or employee has a substantial interest in a business entity or in real property, the city official or employee shall file in accordance with Section 12A-24, before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter if: (1) in the case of a substantial interest in a business entity, the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or (2) in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a specific economic effect on the value of the property, distinguishable from the effect on the public. (b) For purposes of this section, a person has a substantial interest if: (1) in a business entity: (A) the city official or employee owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity; or (B) funds received by the city official or employee from the business entity exceed 10 percent of the person's gross income for the previous year. (2) in real property, the city official or employee's interest is an equitable or legal ownership with a fair market value of $2,500 or more. (c) A city official or employee is considered to have a substantial interest under this section if a relative of the city official or employee has a substantial interest under this section. (Ord. 32472)

Dallas City Code § 12A-14 MISCELLANEOUS CONFLICTS OF INTEREST.

SEC. 12A-14. MISCELLANEOUS CONFLICTS OF INTEREST. (a) Special rules. (1) Acquisition of interest in impending or decided matters. A city official or employee shall not acquire an interest (economic or otherwise) in any matter: (A) if the official or employee knows that the interest will be affected by upcoming official action of the city. (B) affected by an official action of the city for a period of one year after the date of the official action. (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. (3) Benefits to previous employers. A city official or employee may not, within 12 months of beginning his or her employment or service with the city, award a contract or participate in a matter benefiting a person or business entity that formerly employed the city official or employee. (4) Area of notification conflict. (A) General. A city official or employee shall not take official action on, or otherwise participate in, a matter if the city official or employee has an ownership interest, a lease, or other economic interest in a property within the area of notification listed in: (1) Sections 51A-1.105(a) and (b) (zoning and board of adjustment applications); (2) Section 51A-4.701 (authorized zoning cases); (3) Sections 51A-9.201 and 51A-9.202 (thoroughfare realignments, state or county thoroughfare improvements). For purposes of this paragraph, 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. (B) Recusal and disclosure. A city official or employee who has an ownership interest, a lease, or other economic interest in a property within the area of notification in Subparagraph (A) of this paragraph shall follow the recusal and disclosure requirements in Section 12A-24 of this chapter. (b) Board of directors of a reinvestment zone. (1) Notwithstanding any other provision of this section, a member of the board of directors of a reinvestment zone established under the Tax Increment Financing Act, as amended, may: (A) own property within that reinvestment zone; and (B) participate in discussions and voting on matters before the board of directors that may indirectly affect the member's property within the reinvestment zone, but must follow the recusal and disclosure requirements in Section 12A-24 on matters before the board of directors that may directly affect the member's property in the reinvestment zone. (2) For purposes of this subsection, a matter directly affects a member's property in the reinvestment zone if the matter involves a project in the reinvestment zone that is: (A) financed with tax increment funds; and (B) located within 200 feet of the member's property. (c) City officials and employees serving in policymaking positions for business entities at the direction of the city. The restrictions and requirements of Section 12A-24 of this chapter do not apply to a city official or employee serving as an officer or director or in any other policymaking position for a business entity when taking official action on behalf of the city on matters concerning that business entity, if the city official or employee: (1) was appointed by the mayor, city council, or city manager to represent the city as an officer or director or in any other policymaking position for the business entity; and (2) has no substantial economic interest in the business entity or in the matter on which the action is being taken as defined in Texas Local Government Code Section 171.002, as amended. (d) Municipal management district boards. The restrictions and requirements of this section do not apply to a member of a municipal management district board. (Ord. Nos. 24316; 24720; 27504; 27819; 30391; 32072; 32472)

Dallas City Code § 12A-15 DONATIONS.

SEC. 12A-15. DONATIONS. (a) Purpose and procedures. (1) Donations of money, real estate, products, and services to the city allow residents to make valuable contributions to city programs and should be encouraged. Persons and business entities making donations should not, however, expect any reward, reciprocal benefit, or influence. (2) Donations must be documented to ensure transparency of government, enable measurement of the value and usefulness of the donation, and allow for audits of donations. (3) For long-term or complex projects and projects involving professional services, an agreement must be drafted to document the scope of goods or services to be donated and to document which party retains ownership of intellectual property. If a donation will lead to city expenditures, expenditures must follow the procurement process if required by city code or state law. (b) General rule. (1) A city official, employee, or department shall not solicit, accept, or agree to accept any donation to the city of money, real estate, products, or services that: (A) reasonably tends to influence or reward official conduct; or (B) the city official, employee, or department knows is intended to influence or reward the discharge of official duties. (2) A person or business entity shall not knowingly offer any donation to the city of money, real estate, products, or services that: (A) reasonably tends to influence or reward official conduct; or (B) the person or business entity knows is intended to influence or reward the discharge of official duties. (c) Reporting. City officials, employees, and departments receiving a donation to the city shall report the donation in compliance with Article VI. (d) Exceptions. This section does not apply to gifts made to a city official or employee in compliance with Section 12A-12. This section does not apply to exceptions to the gift rules. (Ord. Nos. 32072; 32472)

Dallas City Code § 12A-16 NEPOTISM.

SEC. 12A-16. NEPOTISM. (a) Appointment or employment of relatives. (1) A city official or employee shall not appoint, or take any action to influence the appointment of, his or her relative to a quasi-judicial board or commission within the city. (2) A city council member shall not appoint any fellow city council member's relative to the ethics advisory commission or to any quasi-judicial board or commission within the city. (3) A city official or employee shall not appoint or employ, or take any action to influence the appointment or employment of, his or her relative to any position of employment within the city. (b) Supervision of relatives. In addition to the nepotism restrictions of Section 34-5(d) of the city code for employees, no city official shall be permitted to be the immediate supervisor of his or her relative. (c) Fringe benefits. The general rule described in Subsection (a) does not prohibit the city from granting fringe benefits to city employees as a part of their employment contracts or as an added incentive to securing or retaining employees. (Ord. Nos. 24316; 27504; 27819; 30391; 32072; 32472)

Dallas City Code § 12A-17 CONFIDENTIAL INFORMATION.

SEC. 12A-17. CONFIDENTIAL INFORMATION. (a) Improper access. A city official or employee shall not use his or her position to access official information about any person or entity for any purpose other than the performance of official responsibilities. (b) Improper disclosure or use. A city official or employee shall not knowingly disclose any confidential government information gained by reason of the official's or employee's position. This subsection does not prohibit: (1) any disclosure that is no longer confidential government information; (2) the confidential reporting of illegal or unethical conduct to authorities designated by law; or (3) any disclosure, not otherwise prohibited by law, in furtherance of public safety. (c) Disclosure of a closed meeting. A city official or employee shall not knowingly disclose to a member of the public the certified agenda, the recording, or the discussion had within a meeting that was lawfully closed to the public, unless the disclosure is made with lawful authority. (d) Penalty. A person commits an offense if he or she discloses confidential information in violation of Subsections (b) or (c). (Ord. Nos. 24316; 30391; 32072; 32472)

Dallas City Code § 12A-18 REPRESENTATION OF PRIVATE INTERESTS.

SEC. 12A-18. REPRESENTATION OF PRIVATE INTERESTS. (a) Representation before the city. (1) General rule. (A) Representation for compensation. A city official or employee shall not represent, for compensation, any person, group, or entity (other than themselves or the city official's or employee's relative) before the city. For purposes of this subsection, "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. (B) Representation without compensation. A city official or employee who is a member of a board, commission, or body shall not represent any person, group, or entity before: (i) that city official's or employee's board, commission, or body; (ii) city staff having responsibility for making recommendations to, or taking any action on behalf of, that board, commission, or body; or (iii) a board, commission, or body that has appellate jurisdiction over the board, commission, or body of which the city official or employee is a member, if any issue relates to the official's or employee's duties. (2) Exceptions. The restrictions in this subsection do not apply to: (A) A person who is a city official only because that person is an appointed member of a board, commission, or body, may represent for compensation a person, group, or entity before the city so long as the representation is not before the board, commission, or body that the person is a member of. (B) If the representation is before a board, commission, or body, of which the city official or employee is a member, that is only advisory in nature. (C) An employee who is a duly designated representative of an association of municipal employees may represent that association before the city if otherwise permissible by state law. (D) A member of a municipal management district board. (3) Prestige of office and improper influence. In connection with the representation of private interests before the city, a city official or employee shall not: (A) assert the prestige of the city official's or employee's position for the purpose of advancing private interest; or (B) state or imply that the city official or employee can influence city action on any basis other than the merits. (4) Campaign disclosure. (A) Applicability. (1) A person who was paid to participate in, or served as a campaign treasurer in, a sitting councilmember's most recent city council campaign and who represents themselves, their client, their employer, or another third party at a public or private city meeting where at least one councilmember is present must disclose that participation. A "campaign treasurer" is the person designated as a campaign treasurer for a candidate under the Texas Election Code. (2) A person who represents at a public or private city meeting where at least one councilmember is present the interests of a person or entity that was paid to participate in a sitting councilmember's most recent city council campaign must disclose that participation. (B) Disclosure requirement. Campaign participation must be disclosed verbally immediately: (1) after stating his or her name and address for the record during a public city meeting where the representation is taking place; or (2) at the beginning of a private city meeting. The most recent campaign includes both the campaign for the general election and the runoff election, if applicable. (b) Representation in litigation adverse to the city. (1) Officials and employees (other than board and commission members). A city official or employee, other than a person who is classified as an official only because that person is an appointed member of a board, commission, or body, shall not represent any person, group, or entity (other than themselves or their relative) 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. This rule does not prohibit an employee who is a duly designated representative of an association of municipal employees from such representation if otherwise permissible under state law. (2) Board and commission members. A person who is a city official only because that person is an appointed member of a board, commission, or body shall not represent any person, group, or entity (other than themselves or their relative) 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 and the matter is substantially related to the official's duties to the city. (3) Affiliates of officials and employees. Subject to applicable professional ethical standards, the restrictions stated in Subsections (b)(1) and (b)(2) do not apply to representation by a partner or other affiliate of a city official or employee so long as the city official or employee does not participate in any manner whatsoever in the partner's or affiliate's representation. (c) Representation in municipal court. No member of the city council may engage in the practice of law in or before the municipal courts of the city. (Ord. Nos. 24316; 27819; 30391; 32072; 32472)

Dallas City Code § 12A-19 CONFLICTING OUTSIDE EMPLOYMENT.

SEC. 12A-19. CONFLICTING OUTSIDE EMPLOYMENT. (a) General rule. A city official or employee shall not: (1) solicit, accept, or engage in concurrent outside employment that could reasonably be expected to impair independence of judgment in, or faithful performance of, official duties; or (2) personally provide services for compensation, directly or indirectly, to a person or organization that is requesting an approval, an investigation, or a determination from the body or department of which the official or employee is a member. (b) Exception. The restrictions stated in Subsection (a) do not apply to: (1) outside employment of a city official if the employment is the official's primary source of income; or (2) a member of a municipal management district board. (c) Other rules. The general rule stated in Subsection (a) 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. (d) Public utility corporations. An employee of the city may accept employment from a public utility corporation enjoying the grant of a franchise, privilege, or easement from the city if the: (1) employee is to perform the duties of a security guard for the public utility corporation; (2) employment is approved by the employee's department head; and (3) employment does not conflict with his or her duties as an employee of the city. (Ord. Nos. 24316; 27819; 32072; 32472)

Dallas City Code § 12A-20 PUBLIC PROPERTY AND RESOURCES.

SEC. 12A-20. PUBLIC PROPERTY AND RESOURCES. (a) A city official or employee shall not use, request, or permit the use of city facilities, personnel, equipment, or supplies for private purposes (including political purposes). (b) A city council member shall not use, request, or permit the use of city facilities, personnel (including city employees), equipment, or supplies for any campaign expenditure, campaign contribution, political advertising, or campaign communication as defined in Title 15, "Regulating Political Funds and Campaigns," of the Texas Election Code, as amended, and Texas Ethics Commission rules, regulations, and opinions. (c) City officials and employees may not apply for or obtain an incentive offered by the city, including grants, loans, tax abatements, and tax credits, unless the incentive is available to the general public, the application is evaluated under the same criteria that apply to the general public, and the incentive is subject to the same terms and conditions that apply to the general public. (Ord. Nos. 24316; 30391; 32072; 32472)

Dallas City Code § 12A-21 POLITICAL ACTIVITY.

SEC. 12A-21. POLITICAL ACTIVITY. (a) City officials. In any election, except the city official's own, a city official shall not: (1) use the prestige of the city official's position with the city on behalf of a candidate, political party, or political committee, except in connection with: (A) an endorsement, a city official (who is a city official only because that person is an appointed member of a board, commission, or body) is not prohibited from lending the city official's name so long as the office held with the city is not mentioned; (B) any election ordered by the City of Dallas on a proposition or measure, a city council member is not prohibited from lending the city official's name and official city title; and (C) any election for public office, a city council member is not prohibited from lending the city council member's name and office held. (2) serve as the designated campaign treasurer for a candidate under the Texas Election Code; or (3) solicit or receive contributions for a candidate, political party, or political committee, except that a city official is not prohibited from serving on a steering committee to plan a program of solicitation and listing the city official's name without reference to the office held when the committee as a whole is listed. (b) Employees. A city employee may become a candidate for public office. A city employee may not be disciplined, including termination, solely because the city employee becomes a candidate for public office. The city employee must, however, still fulfill all the duties and responsibilities associated with his or her city employment. (c) 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 to: (1) 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 (2) refrain from engaging in any lawful political activity. A general statement merely encouraging another person to vote does not violate this subsection. (d) Paid campaigning. A city official or employee shall not, directly or indirectly, accept anything of value for political activity relating to an item pending on the ballot, if the official or employee 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. For purposes of this subsection, "anything 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. (e) Official vehicles. A city official or employee shall not display or fail to remove campaign materials on any city vehicle under his or her control. (f) Elections. A city employee shall not use the prestige of his or her position with the city on behalf of any candidate, political party, or political committee. (g) Charter provisions. A city official or employee shall comply with the provisions governing political activity in Chapter XVI, Section 16 of the city charter. (h) Public property and resources. Limitations on the use of public property and resources for political purposes are imposed by Section 12A-20 of this chapter. (Ord. Nos. 24316; 25203; 29645; 30391; 32072; 32472)

Dallas City Code § 12A-22 PROHIBITED INTERESTS IN CONTRACTS.

SEC. 12A-22. PROHIBITED INTERESTS IN CONTRACTS. (a) Charter restrictions relating to financial interests in city contracts. Except as provided in Section 12A-20(c), a city official or employee shall comply with the restrictions on financial interests in city contracts in Chapter XXII, Section 11 of the city charter. The restrictions on financial interests in a city contract in Chapter XXII, Section 11 of the city charter do not apply to a nominee or member of a city board or commission except as provided in Subsection (b) and Section 12A-20(c). (b) Additional restrictions relating to city contracts. A city official or employee may not, while in the service or employment of the city, either individually or as the officer or principal of an entity: (1) submit a bid or proposal to make any city contract, whether or not the contract is required by state law to be competitively bid; or (2) negotiate or enter into any city contract whether or not the contract is required by state law to be competitively bid. (c) Exceptions. The restrictions in Subsections (a) and (b) do not apply to a member of a: (1) board, commission, or body that is advisory only; (2) committees or task forces formed by boards or commissions; (3) board of a nonprofit development corporation that acts as an instrumentality of the city; or (4) municipal management district board. (d) Restrictions relating to the first year of employment. During the first year of city service, a city official or employee shall not participate in the making or awarding of a contract or attempt to use their official position to influence a city decision relating to a contract if a party to the contract is a person or entity by whom the city official or employee was employed within one year before beginning city service. (Ord. Nos. 24316; 27504; 27819; 29645; 30391; 32072; 32472)

Dallas City Code § 12A-23 EX PARTE COMMUNICATIONS.

SEC. 12A-23. EX PARTE COMMUNICATIONS. No person shall, directly or indirectly, communicate with any city official of any quasi- judicial city board or commission regarding any adjudicative matter that is, or may reasonably be expected to be, pending before the board or commission, unless a full disclosure of the communication is simultaneously made available to every other party to the matter. This prohibition does not apply to any communication by a city employee with the city board or commission in the performance of the city employee's official duties. (Ord. Nos. 32072; 32472)

Dallas City Code § 12A-24 RECUSAL AND DISCLOSURE.

SEC. 12A-24. RECUSAL AND DISCLOSURE. (a) General rule. A city official or employee whose conduct or action on a matter would violate any section in Articles II and III of this chapter must recuse themselves. From the time that the conflict is recognized, the city official or employee shall: (1) immediately refrain from further participation in the matter, including discussions with any other persons likely to consider the matter; and (2) promptly file with the city secretary a written statement disclosing the conflict of interest. (b) Additional recusal and disclosure requirements. In addition to the requirements of Subsection (a): (1) A supervised employee shall promptly bring that person's conflict to the attention of a supervisor, who will then, if necessary, reassign responsibility for handling the matter to another person; (2) the park and recreation director shall promptly bring that person's conflict to the attention of the park and recreation board; (3) the civil service director shall promptly bring that person's conflict to the attention of the civil service board; (4) the employees' retirement fund administrator shall promptly bring that person's conflict to the attention of the board of trustees of the employees' retirement fund; (5) a municipal judge shall promptly bring that person's conflict to the attention of the administrative municipal judge; (6) the city manager, city attorney, city secretary, city auditor, inspector general and administrative municipal judge shall promptly bring that person's conflict to the attention of the city council; (7) a board or commission member shall promptly disclose that member's conflict to the board or commission of which that person is a member and shall not be present during any discussion or voting on the matter; and (8) a city council member shall promptly disclose that member's conflict to the city council and shall not be present during any discussion or voting on the matter. (c) Exception to the recusal requirement. If a city official is required to file and does file a written statement disclosing a conflict of interest under Subsection (a), the official is not required to abstain from further participation in the matter requiring the written statement if a majority of the members of the city council, a board or commission, or another city body of which the official is a member is composed of persons who are likewise required to file and who do file written statements of similar interest on the same official action. (Ord. Nos. 30391; 32072; 32472)

Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-138550Fetched: 10/26/2026