Ord 2021-052/amending Section 2.444 of the San Marcos City Code to require a copy of the Commission's rules of procedure for hearings to be provided by the city attorney to the complainant and to the person accused

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ORDINANCE NO. 2021-52 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING CHAPTER 2, ARTICLE V (CODE OF ETHICS), SECTION 2.444, OF THE SAN MARCOS CITY CODE TO REQUIRE A COPY OF THE ETHICS REVIEW COMMISSION'S RULES OF PROCEDURE FOR HEARINGS TO BE PROVIDED BY THE CITY ATTORNEY TO THE COMPLAINANT AND TO THE PERSON ACCUSED OF AN ETHICS VIOLATION WITHIN SEVEN BUSINESS DAYS OF ACCEPTING AN ETHICS COMPLAINT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 2, Article V, Section 2.444, of the San Marcos City Code is amended as set forth below. Added text is indicated by underlining. Deleted text is indicated by strikethroughs. 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 sworn 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 is relying on to support the alleged violation; any subsequent evidence including documents or witnesses that come to the complainant's knowledge must also be filed in a sworn statement; (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; and (F) No complaints shall be filed within a period beginning on the 60th day before the first day of early voting for any city election and ending on the later of the regular election day or runoff election day. (G) A complaint alleging a violation within the commission's jurisdiction must be filed with the city attorney's office within twelve (12) months of the complainant becoming aware of the act or omission that constitutes an alleged violation of this Code.