BHPFC Resolution No. 9RESOLUTION NO. 9
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
HOSPITALITY PUBLIC FACILITIES CORPORATION ADOPTING A CONFLICT
OF INTEREST POLICY FOR THE BAYTOWN HOSPITALITY PUBLIC FACILITIES
CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN HOSPITALITY
PUBLIC FACILITIES CORPORATION:
Section 1: That the Board of Directors of the Baytown Hospitality Public Facilities
Corporation hereby adopts a Conflict of Interest Policy for the Baytown Hospitality Public Facilities
Corporation. A copy of said policy is attached hereto as Exhibit "A" and incorporated herein for all
intents and purposes.
Section 2: This resolution shall take effect immediately from and after its passage by the
Board of Directors of the Baytown Hospitality Public Facilities Corporation.
INTRODUCED, READ and PASSED by the affirmative vote of the Board of Directors of the
Baytown Hospitality Public Facilities Corporation, this the 71h day of May, 2020.
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BRANDON CAPETILLO, Pres ent
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L , ICIA B YSCH, A 'stant Secretary �•`� ��''. �`'
APPROVED AS TO FORM:
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ORNER, Interim General Counsel
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Exhibit "A"
CONFLICT OF INTEREST POLICY
The Baytown Hospitality Public Facilities Corporation (the "Corporation") does hereby
establish this Conflict of Interest Policy (the "Policy") to facilitate the development of controls
that will aid in the detection and prevention of conflicts of interest and fraud against and within
the Corporation. It is the intent of the Corporation to promote consistent organizational
behavior by providing guidelines and assigning responsibility for the development of controls
and the conduct of investigations.
1. Scope of the Policy: This Policy applies to all individuals working at all levels and
grades within the Corporation, employees, consultants, vendors, contractors, and
outside agencies doing business with employees of the Corporation, and or any other
parties with a business relationship with the Corporation. Any investigative activity
required will be conducted without regard to the suspected wrongdoer's length of
service, position/title, or relationship to the Corporation.
2. Code of Conduct:
a. The Corporation shall avoid, neutralize or mitigate actual or potential
conflicts of interest so as to prevent fraud, unfair competitive advantage, or the
existence of conflicting roles that might impair the actions of the Corporation.
b. For procurement of goods and services, no officer, director, employee, or agent of
the Corporation shall participate in the selection, award, or administration of any
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ontract if he or she has a real or apparent conflict of interest. Such a conflict
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could arise if the employee, officer or agent; any member of. his/her immediate
family; his/her partner; or an organization which employs or is about to employ
V,,, any'�part_ es, has a financial or other interest in or receives a tangible personal
` .benefit, in excess of $50 from a firm being considered for_ a contract with the
Corporation. "Immediate family" means a spouse, domestic partner, parent,
child, or spouse of a parent, child, brother, sister, or spouse of a child, brother or
sister.
C. No officer, employee, or agent of the Corporation shall solicit or accept
gratuities, favors or anything of monetary value from contractors or firms,
potential contractors or firms, or parties to sub -agreements with regard to any
contract, except where (i) the financial interest is not substantial, (ii) the gift is an
unsolicited item of nominal intrinsic value or (iii) such solicitation or acceptance is
otherwise subject to an exception set forth in the Texas Penal Code.
d. For all other cases, no employee, agent, consultant, officer, or elected or
appointed official of the Corporation, who is in a position to participate in a
decision -making process or gain inside information about a contract, may obtain
a financial interest or benefit from such contract.
Any alleged violation of these standards of conduct shall be referred to the Corporation.
Where violations appear to have occurred, the offending employee, officer or agent shall
be subject to disciplinary action, including but not limited to dismissal or transfer;
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4.
where violations or infractions appear to be substantial in nature, the matter may be
referred to the appropriate officials for criminal investigation and possible prosecution.
Complaint Procedures: The following are the formal complaint and grievance
procedures:
a. A person who has a complaint or grievance about any services or activities with
respect to a contract may during regular business hours submit such complaint or
grievance, in writing to the General Manager of the Corporation.
b. A copy of the complaint or grievance shall be transmitted by the Corporation to
the person or entity that is the subject of the complaint or grievance within five
(5) working days after the date of the complaint or grievance was received.
C. The Corporation shall cause an investigation of the complaint or grievance to be
completed, if practicable, and provide an update regarding the administration of
such investigation to the person who made the complaint or grievance.
d. If appropriate, copies of grievance procedures will be given in both English and
Spanish, or other appropriate language.
Confidentiality.
a. To the extent allowed by law, any person reporting or investigating reports is
required to keep reports and all information relating to the investigation
confidential, except as necessary to report the violation of this Policy or to
6onduct a complete and fair investigation.
b. The person reporting the violation of this Policy shall not attempt to personally
conduct investigations or interviews related to any suspected fraudulent act.
C. Any person who learns of any investigation shall keep all matters relating to the
investigation strictly confidential to the extent allowed by law.
5. No Retaliation. No person who reports a violation of this Policy in good faith shall suffer
harassment, retaliation or employment consequence. Retaliation in any form will not be
tolerated. Any act of alleged retaliation should be reported immediately and will be
promptly investigated.
Effective this the 71h day of May, 2020.
RaKure&Vila ON Councih•PFORcsolutiont2020%Niay Mon0ict of intcrest Policy - PFC.docx
BRANDON CAPETILLO, President