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The Ethics of Dealing with Vendors
Ross Fischer Seguin City Attorney
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Ethical Overview Judges & Court Personnel Public Officials
Law Enforcement
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Goals Avoid trouble for… Your Court Your City Yourself
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“Improving” your Court
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“Improving” your Court
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Vendors?
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Vendors?
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Vendors?
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Money Makers In FY 2007, Texas Municipal Courts generated: $685,
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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
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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.
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Conflicts of Interest Local 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
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Conflicts of Interest Local Gov’t Code 171
Affidavit filed with “official record keeper” Abstain from deliberation and vote Class A Misdemeanor If violated Action invalidated only if vote determinative
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“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
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“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 Discuss Prior Relationship exception
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“Can I take it?” Criminal Consequences
PC – Acceptance of Honorarium “but for” official position Expenses for conference where official is substantially involved Violation is Class A misdemeanor
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“Can I take it?” Criminal Consequences
PC – 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 – Exceptions Independent personal relationship If disclosed under Election Code, PFS, or lobby law Non-cash gifts worth less than $50
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Conflicts Questionnaire Local 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, taxable income in preceding 12 months (excluding investment income). Law passed in 2005 In 2006 AG Opinion requested by author, others…never a good sign…”What did I mean?”
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Conflicts Questionnaire Local 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
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Conflicts Questionnaire Local 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
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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
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What have we learned? How to identify and address ethical issues involving vendors, as they relate to: Judges & Court Personnel Public Officials Law Enforcement
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The End Feel free to contact me with questions: Ross Fischer
Seguin City Attorney (830)
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