§ 2-503. Gifts and honorariums

(a) Prohibition:

(1) No city official or city employee may solicit or accept any gift, favor or privilege, that is offered or given with the intention of influencing the judgment or discretion of the city official or city employee; or given in consideration of the favorable exercise of the city official's or city employee's judgment or discretion in the past.

(2) A city employee performing regulatory functions or conducting inspections or investigations shall not solicit, accept, or agree to accept any benefit from a person the city employee knows to be subject to regulation, inspection, or investigation by the city employee or the city.

(3) A city employee having custody of prisoners shall not solicit, accept, or agree to accept any benefit from a person the city employees knows to be in his custody or the custody of the city.

(4) A city employee or a city official who exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions of the city shall not solicit, accept, or agree to accept any benefit from a person the city employee or city official knows is interested in or likely to become interested in any contract, purchase, payment, claim or transaction involving the exercise of his discretion.

(5) A city employee or city official who has judicial or administrative authority, who is employed by or in a tribunal having judicial or administrative authority, or who participates in the enforcement of the tribunal's decision shall not solicit, accept, or agree to accept any economic benefit from a person the city employee or city official knows is interested in or likely to become interested in any matter before the city employee or city official or tribunal.

(6) A city official is prohibited from soliciting, accepting, or agreeing to accept an honorarium in consideration for services that the city official would not have been requested to provide but for the city official's official position or duties.

(b) Donation of unsolicited gift. A city employee or city official who receives an unsolicited gift that the city employee or city official is prohibited from accepting under this section may donate the benefit to a governmental entity that has the authority to accept the gift or may donate the benefit to a recognized tax-exempt charitable organization formed for educational, religious, or scientific purposes.

(c) Exceptions. The prohibitions set out in this section do not apply to:

(1) A fee prescribed by law to be received by a city employee or city official or any other benefit to which the city employee or city official is lawfully entitled or for which he gives legitimate consideration in a capacity other than as a city employee or city official;

(2) A gift or other benefit conferred on account of kinship or a personal, professional, or business relationship independent of the official status of the recipient; or

(3) A benefit to a city employee or city official required to file a statement under V.T.C.A., Government Code ch. 572, or a report under V.T.C.A., Election Code tit. 15, that is derived from a function in honor or appreciation of the recipient if:

a. The benefit and the source of any benefit in excess of $50.00 is reported in the statement; and

b. The benefit is used solely to defray the expenses that accrue in the performance of duties or activities in connection with the office which are nonreimbursable by the state or the city;

(4) A political contribution as defined by V.T.C.A., Election Code tit. 15;

(5) A permissible gift as defined in this article, excluding cash or a negotiable instrument as described by V.T.C.A., Business and Commerce Code § 3.104;

(6) An item issued by a governmental entity that allows the use of property or facilities owned, leased, or operated by the governmental entity;

(7) Food, lodging, transportation, or entertainment accepted as a guest and, if the donor is required by law to report those items, reported by the donor in accordance with that law;

(8) Any gift or benefit otherwise excepted under V.T.C.A., Penal Code § 36.10; or

(9) This section does not prohibit a city official from accepting (1) transportation expenses, (2) lodging expenses or (3) meals in connection with a conference or similar event in which the city official renders services, such as addressing an audience or engaging in a seminar to the extent that those services are more than merely perfunctory.

(Ord. No. 10-11-863, 2(Exh. A), 11-15-2010)