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The Ethics of Dealing with Vendors. Ross Fischer Seguin City Attorney. Ethical Overview. Judges & Court Personnel Public Officials Law Enforcement. Goals. Avoid trouble for… Your Court Your City Yourself. “Improving” your Court. “Improving” your Court. Vendors?. Vendors?. Vendors?.
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The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney
Ethical Overview • Judges & Court Personnel • Public Officials • Law Enforcement
Goals • Avoid trouble for… • Your Court • Your City • Yourself
Money Makers In FY 2007, Texas Municipal Courts generated: $685,793.685.00
Ethics for JudgesTexas Code of Judicial Conduct • Canon 4(D)(4): • Neither a judge nor a family member residing in a judge’s household shall accept a gift, bequest, favor, or loan from anyone, except: • Legal resource, or bar-related activity • Loan in regular course of business • Social hospitality, family gifts • So long as donor’s interests are not likely to come before the judge
Ethics for JudgesTexas Code of Judicial Conduct • Canon 2. Avoiding Impropriety and the Appearance of Impropriety in All of the Judge’s Activities • A judge shall comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
Conflicts of InterestLocal Gov’t Code 171 • “Substantial Interest” • More than 10% of business or $15K • More than 10% of official’s gross income • Real property worth more than $2,500 • Applies is relative within 1st degree has substantial interest
Conflicts of InterestLocal Gov’t Code 171 • Affidavit filed with “official record keeper” • Abstain from deliberation and vote • Class A Misdemeanor • If 171.004 violated • Action invalidated only if vote determinative
“Can I take it?”Penal Code Chapter 36 • If offered by a registered lobbyist: • May accept • Food, entertainment, awards, mementos, & gifts valued at less that $500 • May NOT accept • Loans, money, travel or lodging
“Can I take it?”Penal Code Chapter 36 • If offered by non-lobbyist: • May accept • Items less than $50 • Political contributions • Fee for service unrelated to official status • Food, entertainment, travel and lodging, if • Donor present • Properly reported
“Can I take it?”Criminal Consequences • PC 36.07 – Acceptance of Honorarium • “but for” official position • Expenses for conference where official is substantially involved • Violation is Class A misdemeanor
“Can I take it?”Criminal Consequences • PC 36.08 – Gift to Public Servant; • Class A Misdemeanor • Offense to solicit, accept or agree to accept any benefit from a person subject to regulation, inspection, or investigation by public servant’s agency • PC 36.10 – Exceptions • Independent personal relationship • If disclosed under Election Code, PFS, or lobby law • Non-cash gifts worth less than $50
Conflicts QuestionnaireLocal Gov’t Code 176 • Official must file CIS when: • Official (or family member) has employment or business relationship with person seeking to do business with locality, and • Relationship has resulted in $2,500.00 taxable income in preceding 12 months (excluding investment income).
Conflicts QuestionnaireLocal Gov’t Code 176 • Official must file CIS when: • Official or family member accepts gifts with aggregate value exceeding $250 in preceding 12 months from vendor. • Does not apply to gifts from family members, political contributions, or food/lodging/transportation if accepted as a guest. • Failure to file is Class C Misdemeanor
Conflicts QuestionnaireLocal Gov’t Code 176 • Vendor must complete CIQ when: • A vendor seeks to do business with a city, and • A business relationship exists with local official that has generated more than $2,500 in taxable income in preceding 12 months, or • Has given gifts with value exceeding $250 in preceding 12 months. Failure to file is a Class C Misdemeanor
Ethics of Law Enforcement • “I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions…I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service” • Law Enforcement Code of Ethics
What have we learned? • How to identify and address ethical issues involving vendors, as they relate to: • Judges & Court Personnel • Public Officials • Law Enforcement
The End • Feel free to contact me with questions: Ross Fischer Seguin City Attorney rfischer@ci.seguin.tx.us (830) 401-2775