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<br />~ <br />~ <br />W~ <br />:dø <br />LL~ <br />~ <br /> <br />11. <br /> <br />ORDINANCE NO. 2004- 11 <br /> <br />U) <br />'"'7 0 <br />C) :::x:: E <br />=> a:: «J <br />"I w~ <br />~ d ~ <br />Q >-'" <br />CD !::: Õ <br />t::: 0 ¡:. <br />õ <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF SAN MARCOS, TEXAS, AMENDING <br />CHAPTER 2, ARTICLE 5 OF THE CITY CODE TO <br />PROVIDE FOR SPECIAL COUNSEL FOR THE <br />ETHICS REVIEW COMMISSION; INCLUDING <br />PROCEDURAL PROVISIONS; AND PROVIDING FOR <br />PENALTIES. <br /> <br />o <br />~ () ;:H <br />s.::¡ a:J <br />cn-< ..... <br />S» (') _ <br />::;]ï - <br />3:m '..) <br />s»:D <:::I <br />a ^ ~ <br />o <br />(J) <br /> <br />!¡ <br />~:!J <br />C!¡ <br />g-m <br />~O <br />¡j5 <br />3: <br /> <br />RECITALS: <br /> <br />1. The City Council is authorized under Section 4.04 of the City Charter to "retain special <br />counsel at any time [the council] deems same appropriate and necessary". <br /> <br />2. The City Council wishes to amend the City's Code of Ethics to provide for the retaining of <br />an independent outside attorney to serve as special counsel to the Ethics Review Commission with <br />respect to complaints against the Mayor, Council Members or Council appointees, and advisory <br />opinions requested by the Mayor, Council Members or Council appointees. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. Section 2.444 of the City Code is renumbered to be Section 2.445, and a new <br />Section 2.444 of the City Code is added to read as follows: <br /> <br />Sec. 2.444. Special counsel. <br /> <br />(a) An independent outside attorney approved by the city council, who does not otherwise <br />represent the city, shall be retained to serve as special counsel to the ethics review commission in <br />the following situations: <br /> <br />(1) When a complaint is filed alleging that the mayor or a member of the city council, or the <br />city manager, city attorney, city clerk or municipal court ludge violated this article or a state <br />conflict of interest law. <br /> <br />(2) When an advisory opinion is requested under section 2.443( d) by the mayor or a member <br />ofthe city council, or by the city manager, city attorney, city clerk or municipal court ludge. <br /> <br />SECTION 2. Section 2.443(c)(5) of the City Code is amended as follows (underlining <br />indicates added text): <br /> <br />(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 on a matter related to the <br /> <br />1 <br />