Ord 2016-038/amending Chapter 2, Article 5, Code of Ethics, of the San Marcos City Code

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2.444. (d) Advisory opinions. The commission shall render advisory opinions on potential conflicts of interest or violation of this article at the request of a public official or employee subject to the terms of this article. The opinion must relate to an action proposed to be taken by the person requesting the opinion. (e) Opinions binding. Any advisory opinion rendered by the commission to a person is binding on the commission in any subsequent complaint concerning the person about whom the opinion was requested and who acted in reliance on it in good faith, unless material facts were omitted or misstated by the person in connection with the opinion. Sec. 2.444. Complaints; review and hearings; sanctions for violations. (a) Complaint procedure. (1) Any resident or employee of the city who believes a person has violated a provision of this article or a state conflict of interest law may file a written complaint with the city attorney. The complaint must: (A) Identify the complainant and the person who allegedly committed the violation; (B) Provide a sufficient statement of the facts which if true would constitute a prima facie violation of a provision of this article or a state conflict of interest law; (C) Specify the provision of this article or a state conflict of interest law which is alleged to have been violated; (D) Identify sources of evidence, if any, that the complainant recommends should be considered by the commission; and (E) Be filed on a form prescribed by the commission available on the City of San Marcos website and from the city attorney's office. (F) No complaints shall be filed within a period beginning on the 60th day prior to the first day of early voting for any city election and ending on the later of the regular election day or runoff election day. (2) The city attorney will acknowledge the receipt of the complaint to the complainant and provide a copy of the complaint to the commission and to the person accused within seven business days of accepting the complaint form. (b) Review of complaints by commission. (1) The commission shall review each complaint in executive session prior to conducting a hearing to determine whether the complaint is in proper form and alleges sufficient facts to