the ethics of dealing with vendors ross fischer seguin city attorney

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The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

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Page 1: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

The Ethics of Dealing with Vendors

Ross Fischer

Seguin City Attorney

Page 2: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

Ethical Overview

Judges & Court Personnel

Public Officials

Law Enforcement

Page 3: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

Goals

Avoid trouble for…

– Your Court

– Your City

– Yourself

Page 4: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

“Improving” your Court

Page 5: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

“Improving” your Court

Page 6: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

Vendors?

Page 7: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

Vendors?

Page 8: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

Vendors?

Page 9: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

Money Makers

In FY 2007, Texas Municipal Courts generated:

$685,793.685.00

Page 10: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

Ethics for Judges Texas 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

Page 11: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

Ethics for Judges Texas 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.

Page 12: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney
Page 13: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

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

Page 14: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

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

Page 15: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

“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

Page 16: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

“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

Page 17: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

“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

Page 18: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

“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

Page 19: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

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).

Page 20: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

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

Page 21: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

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

Page 22: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

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

Page 23: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

What have we learned?

How to identify and address ethical issues involving vendors, as they relate to:

– Judges & Court Personnel– Public Officials– Law Enforcement

Page 24: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

The End

Feel free to contact me with questions:

Ross Fischer

Seguin City Attorney

[email protected]

(830) 401-2775