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Ordinance No. 16,154ORDINANCE NO. 16,154 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE IV "BOARDS AND COMMISSIONS," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS TO ADD DIVISION 14, "ETHICS BOARD;" CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 2 "Administration," Article IV "Boards and Commissions," of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 2. ADMINISTRATION ARTICLE IV. BOARDS AND COMMISSIONS DIVISION 14. — ETHICS BOARD (a) Creation. There is created an advisory board which shall assist and advise the city council and/or the city manager on matters pertaining to the city's code of ethics contained in Chapter 2. Article VIII of this code. The board shall be known as the Ethics Board and shall have no rule -making, judicial authority, but shall be solely advisory in nature. (b) Appointment. The Ethics Board shall be appointed by majority vote of the city council. (c) Number. The Ethics Board shall consist of five (5) members. (d) Terms. The terms of the persons appointed as members of the Ethics Board shall be as follows: (1) Of the initial five (5) members appointed by the city council, three (3) shall be appointed to serve two (2) year terms, and two (2) shall be appointed to serve three (3) year terms. Subsequent terms of these members shall be for three (3) years. (2) Appointments to vacancies shall be for the unexpired term of the position to which the appointment is made. (3) Members shall serve until their successors have been appointed. (4) No member shall serve more than four (4) consecutive full terms of office without a break in service. (e) Eligibility. Membership on the Ethics Board is limited to residents of the City of Baytown. (f) Ineligibility. The following shall disqualify a person from serving on the Ethics Board: (1) being a salaried city official or employee; (2) being an elected public official for any governmental body; (3) being a candidate for any elected public office; (4) being an official of a political party; (5) being a campaign treasurer, campaign manager, campaign official, or other policy or decision -maker, for the campaign of any candidate for elected public office; (6) being a campaign treasurer, campaign manager, campaign official, or other policy or decision -maker, for any political action committee as defined in the Texas Election Code; (7) being a donor to the campaign of any city official; (8) being a member of any other city board or commission; (9) having a conviction of a felony or any crime involving moral turpitude, or being found by the Ethics Board to have previously violated section 2-803; and (10) being related to the mayor, member of the city council, city manager, municipal court judge, or any associate municipal court judge, within the second degree by affinity (marriage) or within the third degree by consanguinity (blood). (g) Scope of authority. The Ethics Board's authority shall be limited to implementation and enforcement of this article, and shall include the power to administer oaths and affirmations, issue and enforce limited subpoenas to compel the attendance of witnesses and the production of testimony, evidence, and/or documents as is reasonably relevant to the actionable complaint, as provided by the City Charter. The issuance and enforcement of subpoenas shall be only upon a majority vote of the Ethics Board, in accordance with the rules of procedure, and enforcement shall be through any of the sanction options listed herein. (h) Officers. At the first meeting of each fiscal year the Ethics Board shall select from among its members a chairperson, vice -chairperson and secretary. (i) Rules ofprocedure: The Ethics Board shall adopt rules of procedure governing how to conduct meetings and hearings. Such procedural rules are subject to confirmation or modification by the city council. A quorum shall consist of a majority of the entire membership of the board, and any issue to be voted on shall be resolved by a majority of the board. The chairperson shall be entitled to vote upon any question but shall have no veto power. (}) Legal consultation. The city attorney shall furnish the Ethics Board legal assistance necessary in carrying out its functions unless alternate counsel is obtained in accordance with Article VIII of this chapter. (k) Removal: The city council may, by a majority vote, remove a member of the Ethics Board for cause. Justifications warranting removal for cause shall include neglect of duty, incompetence, gross ignorance, inability or unfitness for duty, or disregard of the Code of Ordinances, including, but not limited to, section 2-803. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency; and in all other respects, this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or set of circumstances; and to this end, all provisions of this ordinance are declared to be severable. Section 4: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 121" day of June, 2025. r I C"A ARLE JOHNS(4N, Mayor A oN,YTOWN T� ANGELA JACKSO , City'C e&--.-�' i APPROVE T05FIE'••"'�F,�`� OF SCOTT LENJOND, City Attorney R:.Ordinances and Resolutions Ordinance Drafts 2025 06 12'Ord- Ethics-Board-SL. revised by kh 06.23.25.docx