the ethics of dealing with vendors ross fischer seguin city attorney
TRANSCRIPT
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?
Money Makers
In FY 2007, Texas Municipal Courts generated:
$685,793.685.00
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
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.
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
(830) 401-2775