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ORDINANCE NO. 2021-07 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING CHAPTER 2, ARTICLE V (CODE OF <br />ETHICS) OF THE SAN MARCOS CITY CODE; REQUIRING ETHICS <br />COMPLAINTS TO BE SWORN BEFORE A NOTARY PUBLIC; <br />ESTABLISHING A TWELVE MONTH TIME PERIOD TO FILE A <br />COMPLAINT REGARDING AN ALLEGED VIOLATION; REQUIRING <br />CITY EMPLOYEES AND OFFICIALS TO COOPERATE IN HEARINGS <br />BEORE THE ETHICS REVIEW COMMISSION; PROHIBITING THE USE <br />OF INTIMIDATION TO DISCOURAGE EMPLOYEES FROM FILING <br />ETHICS COMPLAINTS OR TESTIFYING AT HEARINGS BEFORE THE <br />COMMISSION; PROHIBITING RETALIATION IN THE FORM OF <br />ADVERSE PERSONNEL ACTION AGAINST CITY EMPLOYEES WHO <br />FILE ETHICS COMPLAINTS OR TESTIFY AT COMMISSION <br />HEARINGS ON PENDING COMPLAINTS; AND PROVIDING AN <br />EFFECTIVE DATE. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. Chapter 2, Article V, Section 2.444 of the San Marcos City Code is <br />amended as set forth below. Added text is indicated by underlining. Deleted text is indicated by <br />strikethroughs. <br />Sec. 2.444. — Complaints; review and hearings; sanctions for violations. <br />(a) Complaint procedure. <br />(1) Any resident or employee of the city who believes a person has violated a provision of <br />this article or a state conflict of interest law may file a written complaint with the city <br />attorney. The complaint must: <br />(A) Identify the complainant and the person who allegedly committed the violation; <br />(B) Provide a sufficient sworn statement of the facts which, if true, would constitute a <br />prima facie violation of a provision of this article or a state conflict of interest law; <br />(C) Specify the provision of this article or a state conflict of interest law which is <br />alleged to have been violated; <br />(D) Identify sources of evidence, if any, that the complainant is relying on to support <br />the alleged violation r-eeommends should be eonsiaered by the eommnissio_.; anX <br />subsequent evidence including documents or witnesses that come to the <br />complainant's knowledge must also be filed in a sworn statement; <br />(E) Be filed on a form prescribed by the commission available on the City of San <br />Marcos website and from the city attorney's office; and <br />