ETHICS REVIEW BOARD

San Antonio City Code ch. 2, art. III, div. 8

in effect

San Antonio City Code § 2-80 Definitions.

Sec. 2-80. - Definitions. As used in division 8 (ethics review board), the term "ethics laws" includes this code of ethics, codified as chapter 2, article III, divisions 1—7 of the city code, section 141 of the city charter, and V.T.C.A., Local Government Code ch. 171. The term "ethical violation" includes violations of any of those enactments. Other terms used in division 8 (ethics review board) are defined in section 2-42 (definitions). The term "Municipal Campaign Finance Code" refers to the Code of Municipal Campaign Finance Regulations, codified as chapter 2, article VII of the city code. (Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13)

San Antonio City Code § 2-81 Structure of the Ethics Review Board.

Sec. 2-81. - Structure of the Ethics Review Board. (a) In accordance with article XIII of the city charter, the independent ethics review board has the powers and duties specified in article XIII of the city charter, chapter 2, article III (ethics code), and chapter 2, article VII (municipal campaign finance code), and other powers and duties prescribed by ordinance. (b) Composition. The ethics review board shall consist of eleven (11) members. The mayor and each member of the city council shall nominate one (1) member of the board. Each nominee must be confirmed by a majority of city council members. (c) Terms of office. Initial board appointments shall be made so that terms are staggered, with six (6) members to serve an initial term of two (2) years and five (5) members to serve an initial term of three (3) years, determined after appointment by lottery. Subsequent appointments shall be for a term of two (2) years beginning on the day after the expiration of the preceding full term. No member of the board shall serve for more than three (3) full terms. (d) Qualifications. Members of the board shall have good moral character and shall be residents of the city. No member of the board shall be: (1) A salaried city official or employee; (2) An elected public official; (3) A candidate for elected public office; (4) An officer of a political party; (5) A campaign treasurer, campaign manager, officer or other policy or decision-maker for the campaign of any candidate for elected public office; (6) A campaign treasurer, campaign manager, officer or other policy or decision-maker for any political action committee as defined in the Texas Election Code; (7) A member of any city board or commission other than the ethics review board; (8) A member of any city board or commission for which the position is appointed by city council; or (9) A lobbyist required to register under division 5 (lobbyists). Further, no member of the ethics review board shall have any convictions for a felony or a crime of moral turpitude or shall have been found in violation of any provision of the ethics code. The San Antonio Police Department will conduct a criminal background check through the NCIC system for each applicant to the board. The city council shall support the inclusion of at least one (1) attorney and one (1) individual with expertise in finance or accounting within the membership of the ethics review board. (e) Removal. Members of the ethics review board may be removed from office for cause by a majority of the city council only after a public hearing at which the member was provided with the opportunity to be heard. Grounds for removal include: failure to satisfy, or to continue to satisfy, the qualifications set forth in subsection (d); substantial neglect of duty; gross misconduct in office; inability to discharge the powers or duties of office; or violation of any provision in this code of ethics or a conviction of a felony or crime of moral turpitude. (f) Vacancies. The city council shall fill any vacancy on the board by a person who will serve the remainder of the unexpired term. The nomination to fill a vacancy shall be made by the member of city council (or their successor) who had nominated the person whose successor is to be selected to fill the vacancy. (g) Recusal. A member of the ethics review board shall recuse themselves from any case in which, because of familial relationship, employment, investments, or otherwise, their impartiality might reasonably be questioned. A board member may not participate in official action on any complaint: (1) That the member initiated; (2) That involves the member of city council who nominated him or her for a seat on the ethics review board; or (3) During the pendency of an indictment or information charging the member with any felony or misdemeanor offense, or after a finding of guilt of such an offense. If the number of board members who are recused from a case is so large that an ethics review board cannot be convened to consider the complaint, the mayor shall nominate a sufficient number of ad hoc members so that the case can be heard. Ad hoc members of the ethics review board must be confirmed by a majority vote of the city council and serve only for the case in question. (h) Chair and vice-chair. Each year, the board shall meet and elect a chair and a vice-chair from among its members, who will serve one-year terms and may be re-elected. The chair or a majority of the board may call a meeting of the board. The chair shall preside at meetings of the ethics review board and perform other administrative duties. The vice-chair shall assume the duties of the chair in the event of a vacancy in that position. (i) Panels. Each year, at the time of the election of a chair and vice-chair, the chair will also make panel assignments. In the event of vacancies or absences, the chair may make reassignments as needed so that each panel has no fewer than three (3) members of the board. (j) Reimbursement. The members of the ethics review board shall not be compensated but shall be reimbursed for reasonable expenses incurred in the performance of their official duties. (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 § 2-82 Jurisdiction and powers.

Sec. 2-82. - Jurisdiction and powers. (a) Jurisdiction. The ethics review board has jurisdiction to investigate and make findings and conclusions concerning: (1) An alleged violation of the ethics code enacted from time to time by ordinance; (2) An alleged violation of regulations governing lobbying enacted from time to time by ordinance; (3) An alleged violation of local campaign finance regulations enacted from time to time by ordinance; and (4) An alleged violation of section 141 of the city charter, provided, however, that the ethics review board has no jurisdiction to find or conclude that a city officer or employee has forfeited their office or position. (b) The ethics review board shall not consider any alleged violation: (1) That occurred more than two (2) years prior to the date of the filing of the complaint; or (2) Of sections 2-306 and 2-307 of the municipal campaign finance code if the required statement or report was filed or amended within the ten (10) business-day period provided. (c) The ethics review board has the discretion to accept or decline consideration of any alleged violation that has been resolved, including by, but not limited to the city manager, or by a governmental agency or board with jurisdiction over the matter. (d) Termination of city official's or employee's duties. The termination of a city official's or employee's duties does not affect the jurisdiction of the ethics review board with respect to alleged violations occurring prior to the termination of official duties. (e) Powers. The ethics review board has the power: (1) To establish, amend, and rescind rules and procedures governing its own internal organization and operations, consistent with ordinances pertaining to the ethics code, including lobbying regulations, and the municipal campaign finance code; (2) To meet as often as necessary to fulfill its responsibilities; (3) To designate panels with the power to render decisions on complaints or issue advisory opinions on behalf of the board; (4) To request from the city manager the assignment of staff necessary to carry out its duties; (5) To review, index, maintain on file, and dispose of sworn complaints; (6) To make notifications, extend deadlines, and conduct investigations, both on referral or complaint; (7) To compel the production of sworn testimony, witnesses and evidence; (8) To recommend cases for prosecution by appropriate authorities and agencies; (9) To enforce its decisions by assessing civil fines and other sanctions authorized by ordinance; (10) To request the city attorney to provide an independent counsel to advise and represent the board, when appropriate or necessary to avoid a conflict of interest; (11) To provide assistance in the training and education of city officials and employees with respect to their ethical responsibilities; (12) To prepare an annual report and to recommend to the city council needed or desirable changes in ordinances under its jurisdiction; (13) To exercise such other powers and duties as may be established by ordinance. (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 § 2-83 Complaints.

Sec. 2-83. - Complaints. (a) Filing. Any person (including a member of the ethics review board or its staff, acting personally or on behalf of the board) who believes that there has been a violation of the ethics laws or the municipal campaign finance code may file a sworn complaint with the city clerk to allege such violations. A complaint filed in good faith is qualifiedly privileged. A person who knowingly makes a false statement in a complaint, or in proceedings before the ethics review board, is subject to criminal prosecution for perjury (see subsection 2-87(g) (criminal prosecution)) or civil liability for the tort of abuse of process. (b) Assistance. The city clerk shall provide information to persons who inquire about the process for filing a complaint. (c) Form. A complaint filed under this section must be in writing and under oath and must set forth in simple, concise, and direct statements: (1) The name of the complainant; (2) The street or mailing address and the telephone number of the complainant; (3) The name of each person complained about; (4) The position or title of each person complained about; (5) The nature of the alleged violation, including, if possible, the specific provision of the ethics code or municipal campaign finance code alleged to have been violated; (6) A statement of the facts constituting the alleged violation and the dates on which or period of time in which the alleged violation occurred; and (7) All documents or other material available to the complainant that are relevant to the allegation; a list of all documents or other material relevant to the allegation and available to the complainant but that are not in the possession of the complainant, including the location of the documents, if known; and a list of all documents or other material relevant to the allegation but unavailable to the complainant, including the location of the documents, if known. The complaint must be accompanied by an affidavit stating that the information contained in the complaint is either true and correct or that the complainant has good reason to believe and does believe that the facts alleged constitute a violation of the ethics code or the municipal campaign finance code. If the complaint is based on information and belief, the complaint shall state the source and basis of the information and belief. The complainant shall swear to the facts by oath before a notary public or other person authorized by law to administer oaths under penalty of perjury. A complaint that is not sworn as required shall not be forwarded by the city clerk to the compliance auditor as provided in subsection (d), but shall be returned to the complainant. The complaint must state on its face an allegation that, if true, constitutes a violation of a law administered and enforced by the board. (d) Review by the compliance auditor and notification to the ethics review board and respondents. (1) A copy of a complaint shall be promptly forwarded by the city clerk to the chair and vice chair of ERB, compliance auditor and city attorney's office who shall each independently review the complaint for compliance with the filing requirements of subsection (c) within five (5) business days of receipt from the city clerk. The city clerk shall notify the respondent(s) of a complaint filed. this notification is for information purposes only and does not trigger subsection (e) until a decision has been made to accept the complaint and forward to the full ERB for consideration. (2) If the complaint alleges a violation of section 2-306 or section 2-307 of the municipal campaign finance code, the complaint shall be forwarded by the city clerk to the respondent within five (5) business days of receipt by the compliance auditor. As set out in subsection 2-82(b)(2), the timely filing of the campaign bank account statement or the amended report, as verified by the city clerk, shall not be considered a violation. The city clerk shall notify the complainant of the filing of the statement or the amended report by first class mail. (3) If the complaint alleges a violation of the ethics code, and substantially complies with the filing requirements, the complaint shall be forwarded by the city clerk to the members of the ethics review board and the respondents within ten (10) business days after receipt of the complaint from city clerk. If the complaint does not substantially comply with the filing requirements, the compliance auditor shall return the complaint to the complainant with a letter explaining the defects in the complaint. (4) The city clerk shall notify the respondent(s) of the resolution of a complaint. (e) The respondent(s) shall also be provided with a copy of the ethics code and shall be informed: (1) That, within ten (10) business days of receipt of the complaint, they may file a sworn response with the city clerk; (2) That failure to file a response does not preclude the ethics review board from adjudicating the complaint; (3) That a copy of any response filed by the respondent(s) will be provided by the city clerk to the complainant, who may, within five (5) business days of receipt, respond by sworn writing filed with the city clerk, a copy of which shall be provided by the city clerk to the respondent(s); (4) That the complainant(s) or respondent(s) may request a hearing; and; (5) That city officials and employees have a duty to cooperate with the ethics review board. Upon receipt, the city clerk shall forward the response to the compliance auditor, city attorney's office, and the ethics review board. (f) Frivolous complaint. (1) For purposes of this section, a "frivolous complaint" is a sworn complaint that is groundless and brought in bad faith or groundless and brought for the purpose of harassment. (2) By a vote of at least two-thirds (⅔) of those present, the board may order a complainant to show cause why the board should not determine that the complaint filed by the complainant against a respondent is a frivolous complaint. (3) In deciding if a complaint is frivolous, the board will be guided by the Texas Rules of Civil Procedure, Rule 13, and interpretations of that rule, and may also consider: a. The timing of the sworn complaint with respect to when the facts supporting the alleged violation became known or should have become known to the complainant, and with respect to the date of any pending election in which the respondent is a candidate or is involved with a candidacy, if any; b. The nature and type of any publicity surrounding the filing of the sworn complaint, and the degree of participation by the complainant in publicizing the fact that a sworn complaint was filed with the board; c. The existence and nature of any relationship between the respondent and the complainant before the complaint was filed; d. If respondent is a candidate for election to office, the existence and nature of any relationship between the complainant and any candidate or group opposing the respondent; e. Any evidence that the complainant knew or reasonably should have known that the allegations in the complaint were groundless; and f. Any evidence of the complainant's motives in filing the complaint. (4) Notice of an order to show cause shall be given to the complainant, with a copy to the respondent, and shall include: a. An explanation of why the complaint against a respondent appears to be frivolous; and b. The date, time, and place of the hearing to be held under this section. (5) Before making a determination that a sworn complaint against a respondent is a frivolous complaint, the board shall hold a hearing at which the complainant may be heard; the complainant may be accompanied by counsel retained by the complainant. (6) By a record vote of at least two-thirds (⅔) of those present after the hearing under subsection (5) of this section, the board may determine that a complainant filed a frivolous complaint against a respondent and may recommend sanctions against that complainant. (g) Sanctions for filing frivolous complaints. (1) Before imposing a sanction for filing a frivolous complaint, the board shall consider the following factors: a. The seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the violation; b. The sanction necessary to deter future violations; and c. Any other matters that justice may require. (2) The Board may impose the following sanctions: a. A civil penalty of not more than five hundred dollars ($500.00); b. Imposition of attorneys' fees incurred by the respondent of the frivolous complaint; c. Any other sanction permitted by law. (3) The board may notify the appropriate regulatory or supervisory agency for their appropriate action. This may include a referral to a criminal investigation agency or prosecution entity for investigation of perjury. (h) Confidentiality. Ex parte communications by members of the ethics review board are prohibited by subsection 2-85(e) (ex parte communications). (1) The board and its staff shall not communicate any information about a pending sworn complaint, including whether or not a complaint has been filed, to any person other than the respondent, the complainant, and a witness or potential witness identified by the respondent, the complainant, or another witness or potential witness. (2) Information otherwise confidential under this section may be disclosed by entering it into the record of a formal hearing or ethics review board proceeding. (3) Requests for records pertaining to complaints shall be responded to in compliance with the Texas Public Information Act and the Texas Open Meetings Act. (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 § 2-84 Compliance auditor and city attorney's office.

Sec. 2-84. - Compliance auditor and city attorney's office. (a) Compliance auditor. The compliance auditor shall be selected by the ethics review board and appointed by the city internal auditor. The compliance auditor may be removed from office for cause by the city internal auditor only after consultation with the ethics review board. (b) The compliance auditor shall perform the following duties: (1) Receive complaints and responses filed with the city clerk as set forth in section 2-83; (2) Investigate, marshal, and present to the ethics review board the evidence bearing upon a complaint; (3) In consultation with city council, the city manager, the ethics review board, human resources department, and the city attorney's office, develop and implement a comprehensive training program for the officials and employees of the city on the provisions of this code of ethics, section 141 of the city charter, and V.T.C.A., Local Government Code ch. 171; (4) Review complaints for sufficiency; (5) Recommend acceptance or rejection of complaint made to the ethics review board; (6) Request additional information from complainant as needed; and (7) Support the reasonable requests of the ERB. (c) City attorney's office. The city attorney's office shall perform the following duties: (1) Act as legal counsel to the compliance auditor and the ethics review board; (2) Upon request by the compliance auditor, review complaints for legal sufficiency; and (3) Issue advisory opinions to city officials and employees about the requirements imposed by the ethics laws. (d) Independent compliance auditor and independent counsel. (1) An independent attorney, who does not otherwise represent the city, shall be appointed to serve as the independent compliance auditor and counsel when a complaint is filed relating to an alleged violation of the ethics laws by the mayor, a member of the city council, or a candidate for city council. (2) When a complaint is filed relating to an alleged violation of the ethics laws by a city employee who is a department head or of higher rank, the compliance auditor may recommend the appointment of an independent compliance auditor to serve as compliance auditor for that matter. The city attorney may also recommend the appointment of an independent counsel for that matter. (3) The city attorney or ethics review board may request the appointment of an independent counsel for a particular case. (e) Exculpatory evidence. The compliance auditor shall disclose to the ethics review board and provide to the person charged with violating the ethics or municipal campaign finance laws evidence known to the compliance auditor tending to negate guilt or mitigate the seriousness of the offense. (Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13; Ord. No. 2018-06-21-0491, § 1(Att. A), 6-21-18)

San Antonio City Code § 2-85 Ethics panels and the ethics review board.

Sec. 2-85. - Ethics panels and the ethics review board. (a) Assignment to an ethics panel. The chairperson of the ethics review board may appoint a panel to conduct a preliminary review of an ethics complaint or request for advisory opinion. The panel may present its recommendations for consideration by the board in its entirety. The chair may also designate a panel with the power to render decisions on complaints or issue advisory opinions on behalf of the board. Panels appointed to dispose of complaints or issue advisory opinions must act in accordance with the Open Meetings Act. (b) Review by ethics review board. The ethics review board will meet to review the complaint, responses, replies to responses and any other information it has requested be provided to assist in consideration of the complaint. The board shall consider whether the facts of the case establish a violation of any provision in the ethics laws, regardless of which provisions, if any, were identified in the complaint as having been allegedly violated. If the board finds that the complaint fails to allege a violation of the ethics code when assuming all facts set forth in the complaint to be true, the board may dismiss the complaint without further proceedings. (c) Before the board may find that a violation of a particular rule, the respondent must be on notice that compliance with that rule is in issue and must have an opportunity to respond. Notice is conclusively established: if the complaint alleged that the rule was violated; or if the board or the city clerk provides the respondent with written notice of the alleged violation and a ten (10) business-day period within which to respond in writing to the charge. (d) Scheduling of a hearing. Regardless of whether the complainant or the respondent requests a hearing, the ethics review board has discretion to decide whether to hold a hearing. (e) Ex parte communications. It is a violation of this code: (1) For the complainant, the respondent, or any person acting on their behalf to engage or attempt to engage, directly or indirectly, in ex parte communication about the subject matter of a complaint with a member of the ethics review board, or any known witness to the complaint; or (2) For a member of the ethics review board to: a. Knowingly entertain an ex parte communication prohibited by subsection (1) of this rule; or b. Communicate directly or indirectly with any person, other than a member of the ethics review board, its staff, city attorney's office, or the compliance auditor, about any issue of fact or law relating to the complaint. (f) Duty to cooperate. All city officials and employees shall cooperate with the ethics review board and shall supply requested testimony or evidence to assist it in carrying out its charge. Failure to abide by the obligations imposed by this subsection is a violation of this code of ethics. (g) Extension of deadlines. (1) A complainant or respondent who fails to meet a deadline to submit a filing with the ethics review board may file a request to accept the late filing. The complainant or respondent must include within the request a statement of good cause for the board to grant the request. The board may grant a request to accept a late filing for good cause. Any extension given to a respondent pursuant to their request shall extend the deadline for the board to issue a decision under section 2-87 by the amount of time granted. (2) The board, under its own initiative or at the request of a respondent, may defer consideration of a complaint if the respondent is under investigation by any agency for the activity comprising the subject matter of the complaint, until such time as the investigation has concluded. (h) Timeliness of notices or submissions. When the ethics code or municipal campaign finance code requires a notice or other document to be submitted or otherwise given to a person or to the ethics review board, the requirement is met in a timely fashion if the document is sent to the person or the board by first-class mail or certified mail addressed with postage or handling charges prepaid and it bears a post office cancellation mark indicating a date within the time required to provide notice or to submit a document, unless another method of submission is expressly required. (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 § 2-86 Hearings.

Sec. 2-86. - Hearings. At any hearing held by the ethics review board during the investigation or disposition of a complaint, the following rules apply: (1) General rules. All witnesses must be sworn and all questioning of witnesses shall be conducted by the members of the ethics review board, city attorney's office, or the compliance auditor. The ethics review board may establish time limits and other rules relating to the participation of any person in the hearing. No person may be held to have violated the ethics laws or the municipal campaign finance code unless a majority of the ethics review board so finds by a preponderance of the evidence. (2) Evidence. The ethics review board shall rely on evidence of which a reasonably prudent person commonly relies in the conduct of the person's affairs. The board shall further abide by the following: a. The board shall hear evidence relevant to the allegations; and b. The board shall not consider hearsay unless it finds the nature of the information is reliable and useful. (3) The person charged (respondent). The person charged in the complaint has the right to attend the hearing, the right to make a statement, the right to present witnesses, and the right to be accompanied by legal counsel or another advisor. Only legal counsel to the person charged in the complaint may advise that person during the course of the hearing, but may not speak on their behalf, except with the permission of the board. The time permitted for presentation will be at the discretion of the board. (4) The complainant. The complainant has the right to attend the hearing, the right to make a statement, and the right to be accompanied by legal counsel or another advisor. Only legal counsel to the complainant may advise the complainant during the course of the hearing, but may not speak on behalf of the complainant, except with the permission of the board. Witnesses may not be presented by the complainant, except with the permission of the board. The time permitted for presentation will be at the discretion of the board. (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 § 2-87 Disposition.

Sec. 2-87. - Disposition. (a) Written opinion. The board shall issue a decision within ninety (90) calendar days after the filing of a complaint. This deadline shall be extended by any amount of time granted to a respondent pursuant to a respondent's request for additional time to respond or to attend proceedings. The board shall state in a written opinion its findings of fact and conclusions of law. The written opinion shall either: (1) Dismiss the complaint; or (2) Upon finding that there has been a violation of the ethics laws or the municipal campaign finance code: a. Impose sanctions in accordance with these regulations; or b. Recommend criminal prosecution and/or civil remedies, in accordance with this rule; or c. State why no remedial action is imposed or recommended. If the board determines that a violation has occurred, the opinion shall identify in writing the particular rule or rules violated. If the complaint is dismissed, the grounds for the dismissal shall be set forth in the opinion. The failure of the board to comply within the above time limits may result in the charge being dismissed for want of prosecution. Prior to such dismissal, the complainant will be given notice and an opportunity to request continuance of the action. (b) Notification. Copies of the opinion shall be forwarded to the complainant, the person charged in the complaint, the city attorney's office, compliance auditor, and any member of the ethics review board who did not participate in the disposition of the case. A copy of the opinion shall also be forwarded to the city clerk, who shall make it available as authorized by law. (c) Recommendations. A recommendation for criminal prosecution shall be forwarded to the appropriate law enforcement agency. (d) Similar charges barred. If the complaint is dismissed because the evidence failed to establish a violation of the ethics laws or the municipal campaign finance code, the ethics review board shall not entertain any other similar complaint based on substantially the same evidence. (e) Factors relevant to sanctions. (1) General violations (non-reporting violations). In deciding whether to recommend or impose, in the case of a violation of the ethics laws, criminal prosecution and/or civil remedies, the ethics review board shall take into account relevant considerations, including, but not limited to, the following: a. The culpability of the person charged in the complaint; b. The harm to public or private interests resulting from the violation; c. The necessity of preserving public confidence in the conduct of local government; d. Whether there is evidence of a pattern of disregard for ethical obligations; and e. Whether remedial action has been taken that will mitigate the adverse effect of the violation. To impose or recommend sanctions for a first violation of the ethics code or the municipal campaign finance code, other than a letter of notification, a letter of admonition or a referral to training, the board must find by a preponderance of the evidence that the person acted knowingly, unless otherwise provided by this code. (2) Reporting requirement violations. To impose sanctions, other than a letter of notification, a letter of admonition or a referral to training, for untimely or incomplete submission of reports required by the ethics code or the municipal campaign finance code, the board must determine by a preponderance of the evidence that the person knowingly: a. Failed to file the report on time; or b. Failed to include in the report information that is required to be included; or c. Submitted inaccurate or false information. Failure to submit a required report or an amended report after receipt of notice of non-compliance by the city clerk, the compliance auditor, or the ethics review board may be considered evidence of a knowing failure to comply with reporting requirements. Upon finding a second or subsequent untimely, incomplete or inaccurate submission of reports within a two-year period of time, the board may issue a letter of reprimand regardless of whether the second or subsequent violation was made knowingly by the filer. (f) Civil sanctions for ethics code violations. The following civil remedies may be recommended or imposed by the ethics review board which finds that the ethics laws have been violated: (1) Disciplinary action. Civil service employees who violate this code of ethics may be disciplined in accordance with city personnel rules and procedures. Other city officials and employees who engage in conduct that violates this code may be notified, warned, reprimanded, suspended, or removed from office or employment by the appointing authority, or by a person or body authorized by law to impose such remedies. Disciplinary action under this section may be imposed in addition to any other penalty or remedy contained in this code of ethics or any other law. The ethics review board may refer a violation to the city manager or their designee for disciplinary action in accordance with any applicable municipal civil service rules; (2) Suit for damages or injunctive relief. This code of ethics has been enacted not only to further the policy stated in section 2-41 (statement of purpose), but to protect the city and any other person from any losses or increased costs incurred by the city or other person as a result of the violation of these provisions. It is the intent of the city that this ethics code can and should be recognized by a court as a proper basis for a civil cause of action for damages or injunctive relief based upon a violation of its provisions, and that such forms of redress should be available in addition to any other penalty or remedy contained in this ethics code or the municipal campaign finance code or any other law. The ethics review board may refer a violation of the ethics code or the municipal campaign finance code to the city attorney's office for consideration of a suit by the city for damages or injunctive relief. (3) Disqualification from contracting or lobbying. a. If the ethics review board finds that any person (including business entities and non-profit entities) has intentionally or knowingly violated any provision of the ethics code, or has intentionally or knowingly assisted another person in violating any provision of the ethics code, or has violated a provision or assisted another in a violation that the person should have known was a violation of the ethics code, the ethics review board may recommend to the city council that the person be prohibited from entering into any contract with the city or prohibited from lobbying on behalf of clients before the city for a period not to exceed three (3) years. An entity may also be disqualified from contracting based on the conduct of an employee or agent in violation of this code. b. It is a violation of this code of ethics: 1. For a person debarred from entering into a contract with the city to enter, or attempt to enter, into a contract with the city during the period of disqualification from contracting; or 2. For a city official or employee to knowingly assist a violation of subsection b.1. of this rule. c. Nothing in this section shall be construed to prohibit any person from receiving a service or benefit, or from using a facility, which is generally available to the public, according to the same terms. (4) Recommendation to void or ratify contract. If the ethics review board finds that there has been an intentional or knowing violation of any provision of the ethics code, or that a person has committed a violation that they should have known was a violation of the code that is related to the awarding of a contract, the ethics review board must vote on whether to recommend to the city council that the contract be ratified or voided. Such action shall not affect the imposition of any penalty or remedy contained in this code of ethics or any other law. (5) Civil fine. The ethics review board may impose upon any person, whether or not an official or employee of the city, who violates any provision of this code of ethics a fine not exceeding five hundred dollars ($500.00). Each day after any filing deadline imposed by division 5 (lobbyists) and division 7 (financial disclosure) or the municipal campaign finance code for which any required statement has not been filed, or for which a statement on file is incorrect, misleading, or incomplete, constitutes a separate offense. (6) Letter of notification. The ethics review board may issue a letter of notification to any person, whether or not an official or employee of the city, when the board finds that a violation of the code of ethics was clearly unintentional or inadvertent. The letter must advise the person to whom it is directed of any steps to be taken to avoid future violations. (7) Letter of admonition. The ethics review board may issue to any person, whether or not an official or employee of the city, a letter of admonition when the board finds that the violation of the code of ethics was minor and/or may have been unintentional or inadvertent. (8) Letter of reprimand. The ethics review board may issue to any person, whether or not an official or employee of the city, a letter of reprimand when the board finds that the person has intentionally or knowingly violated the code of ethics. (9) Referral to ethics training. Upon finding of violation of the ethics code, the ethics review board may require a city official or employee to attend ethics code training. (g) Criminal prosecution. The ethics review board may recommend to the appropriate law enforcement agency criminal prosecution under this section or V.T.C.A., Local Government Code ch. 171. Prosecution of any person by the city attorney for a violation of this ethics code shall not be undertaken until a complaint is disposed of in accordance with section 2-87. However, the absence of a recommendation to prosecute from an ethics review board to the city attorney shall not preclude the city attorney from exercising their prosecutorial discretion to prosecute a violation of this ethics code. Any person who files a false sworn statement under division 5 (lobbyists), division 7 (financial disclosure), or division 8 (ethics review board) or the municipal campaign finance code is subject to criminal prosecution for perjury under the laws of the state. (h) Reconsideration. Within five (5) business days of receiving the final opinion of the ethics review board, the complainant or respondent may request the ethics review board to reconsider its decision. The request must be filed with the city clerk. Within ten (10) business days after filing with the city clerk, the originally assigned preliminary reviewing panel shall review the request for reconsideration. If the panel concludes reconsideration is warranted, it shall bring the request within another ten (10) business days to the full board for decision on whether to grant reconsideration. If the full board grants reconsideration, the board may then order further proceedings in accordance with the provisions of this code. If no panel was assigned to conduct a preliminary review, the chair shall review the request and may in their discretion decline the reconsideration or refer the matter to the full board for reconsideration within ten (10) business days of receiving the request. (i) Council action. City council shall dispose of a recommendation from the ethics review board within ninety (90) calendar days of receiving such recommendation. The recommendation(s) of the ethics review board may be accepted, rejected, modified, or recommitted to that board for further action or clarification. Failure to take action within specified time limits may result in the charge being dismissed for want of prosecution. Prior to such dismissal, the complainant will be given notice and an opportunity to request continuance of the action. (j) Appeals. A decision of the ethics review board is final unless the person aggrieved by the decision appeals to the State District Court in Bexar County no later than twenty (20) business days after the date the board renders the decision. If the decision of the ethics review board is not supported by substantial evidence, the district court may reverse or affirm the board's decision in whole or in part, or may modify the board's decision if substantial rights of the aggrieved person have been prejudiced. Costs of an appeal may not be assessed against the board, individual board members, or the city. (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 § 2-88 Petition for declaratory ruling and waiver.

Sec. 2-88. - Petition for declaratory ruling and waiver. (a) Any city official or employee against whom public allegations of ethics or campaign finance violations have been made in the media or elsewhere shall have the right to file a sworn statement with the city clerk affirming their innocence, and to request the ethics review board to investigate and make known its findings, and make any relevant recommendations concerning the issue. (b) Any city official or employee or person subject to the ethics code or municipal campaign finance code who believes they have unknowingly committed an act in violation of a provision of this ethics code or the municipal campaign finance code may submit a sworn request for a waiver of the application of either code for that past act. The ethics review board shall investigate and make known its findings, and make any relevant recommendations to the city council concerning the issue. The city council may only act to waive the application of either code following receipt of the recommendation of the ethics review board. (c) The ethics review board is authorized to impose the sanctions contained within this code when making their ruling. (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 § 2-89 Advisory opinions.

Sec. 2-89. - Advisory opinions. (a) Advisory opinions issued by the ethics review board. (1) Ethics code inquiries by persons other than city officials and employees. a. By writing filed with the city clerk, any person other than a city official or employee may request an advisory opinion with respect to the interpretation of the ethics laws, but only with respect to whether proposed action by that person would violate the ethics laws. The city clerk shall promptly transmit all requests for advisory opinions to the compliance auditor and the chair of the ethics review board. City officials and employees may request advisory opinions from the city attorney pursuant to subsection (b). b. Within thirty (30) days of receipt by the chair of the ethics review board of a request for an advisory opinion, the board, acting en banc or through a designated ethics panel, shall issue a written advisory opinion. During the preparation of the opinion, the board may consult with the compliance auditor, the city attorney's office, and other appropriate persons. An advisory opinion shall not reveal the name of the person who made the request, if that person requested anonymity, in which case the opinion shall be written in the form of a response to an anonymous, hypothetical fact situation. A copy of the opinion shall be indexed and kept by the city clerk as part of its records for a period of not less than five (5) years. In addition, copies of the opinion shall be forwarded by the chair of the ethics review board, or the compliance auditor, to the person who requested the opinion, the members of the ethics review board, the city attorney's office, and to the city clerk. The city clerk shall make the opinion available as a public record in accordance with the Local Government Records Act, and promptly post the opinion for a period of no less than five (5) years on the Internet via the City of San Antonio homepage. (2) Opinions initiated by the board. On its own initiative, the ethics review board, acting as the full board or through a designated ethics panel, may issue a written advisory opinion with respect to the interpretation of the ethics laws or the municipal campaign finance code as they apply to persons other than city officials and employees if a majority of the board determines that an opinion would be in the public interest or in the interest of such person or persons subject to the provisions of the ethics laws. Such an opinion may not include the name of any individual who may be affected by the opinion. A copy of any such opinion shall be indexed and kept by the city clerk as part of its records for a period of not less than five (5) years. In addition, copies of the opinion shall be forwarded by the chair of the ethics review board, or their designee, to the compliance auditor, the city attorney's office, and the city clerk. The city clerk shall make the opinion available as a public record in accordance with the Local Government Records Act, and promptly post the opinion for a period of no less than five (5) years on the Internet via the City of San Antonio homepage. (3) Reliance. A person who reasonably and in good faith acts in accordance with an advisory opinion issued by the ethics review board may not be found to have violated the ethics laws by engaging in conduct approved in the advisory opinion, provided that: a. They requested the issuance of the opinion; b. The request for an opinion fairly and accurately disclosed all relevant facts; and c. Less than five (5) years elapsed between the date the opinion was issued and the date of the conduct in question. (b) Ethics advisory opinions issued by the city attorney's office. (1) Ethics inquiries by city officials and employees. a. By writing filed with the office of the city attorney, any city official or employee may request an advisory opinion with respect to whether proposed action by that person would violate the ethics laws. b. Within twenty (20) business days of receipt of the request, the office of the city attorney shall issue a written advisory opinion. Opinions that address new issues and that are instructive on the application of the ethics laws shall be posted on the ethics webpage in a manner that does not reveal the identity of the individual requesting the opinion. (2) Reliance. A person who reasonably and in good faith acts in accordance with a written advisory opinion issued by the city attorney's office may not be found to have violated the ethics laws by engaging in conduct approved in the advisory opinion, provided that: a. They requested the issuance of the opinion; b. The request for an opinion fairly and accurately disclosed all relevant facts; and c. Less than five (5) years elapsed between the date the opinion was issued and the date of the conduct in question. (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 § 2-90 Annual report.

Sec. 2-90. - Annual report. The ethics review board shall prepare and submit an annual report to the mayor and city council detailing the activities of the board during the prior year. The format for the report shall be designed to maximize public and private understanding of the board's operations, and shall include a summary of the content of ethics opinions issued by the board and a listing of current city lobbyists based on information gathered by the board from records on file with the city clerk. The city clerk shall post the report on the city's ethics webpage. (Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13)

San Antonio City Code § 2-91 Public records and open meetings.

Sec. 2-91. - Public records and open meetings. Meetings and other proceedings of the ethics review board will be conducted in compliance with the Texas Open Meetings Act. Requests for records will be handled in compliance with the Texas Public Information Act. (Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13)

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_DIV8ETREBOFetched: 10/27/2026