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Ord 2004-014
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Ord 2004-014
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Last modified
9/1/2004 4:37:57 PM
Creation date
8/26/2004 4:23:54 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Amendment
Number
2004-14
Date
3/22/2004
Volume Book
155
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(5) It is unlawful for a person who has filed a complaint alleging a violation of this article or <br />a state conflict of interest law by a city officer or employee, or a person against whom such a <br />complaint has been filed, to communicate verbally or in writing.about the subiect matter of the <br />complaint with a member of the ethics review commission at any time other than during a public <br />meeting of the commission. All such communications by such persons to the commission outside <br />of a public meeting of the commission must be directed to the city attorney. The city attorney <br />will collect all such communications and provide them to the commission with the agenda <br />materials for the meeting at which the complaint is considered. The city attorney will make <br />copies of these communications available to interested persons in accordance with state law. <br /> <br />(d) Advisory opinions. The commission shall render advisory opinions on potential conflicts of <br />interest or violation of this article at the request of a public official or employee, subject to the <br />terms of this article. <br /> <br />(e) Opinions binding. Any advisory opinion rendered by the commission is binding on the <br />commission in any subsequent charges concerning the person about whom the opinion was <br />requested and who acted in reliance on it in good faith, unless material facts were omitted or <br />misstated by the person in connection with the opinion. <br /> <br /> SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to <br />be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br />ordinance will continue in force if they can be given effect without the invalid portion. <br /> <br /> SECTION 3. All ordinances and resolution or parts of ordinances or resolutions in conflict <br />with this ordinance are repealed. <br /> <br /> SECTION 4. Any person violating any provision of this ordinance commits a misdemeanor <br />and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. <br /> <br /> SECTION 5. This Ordinance will take effect ten days after the date of its final passage, and <br />the City Clerk will publish notice of its adoption in a newspaper of general circulation in the City. <br /> <br />PASSED on first reading on February 9, 2004. <br /> <br />PASSED on second reading on February 23, 2004. <br /> <br />PASSED, APPROVED AND ADOPTED on <br /> <br />~iarch 22, 2006. <br /> <br /> Robert Habingreither <br /> Mayor <br /> <br />2 <br /> <br /> <br />
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