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Ethics Commission

El Paso County Code of Ethics
I. Preamble
The stability of democracy depends upon the continuing consent of the governed, which in turn depends upon the trust the electorate holds for its government. The Commissioners Court of the County of El Paso, Texas, in concert with other elected county officials as well as leaders of the various county departments, recognize this need to maintain the public trust and confidence in the workings of county government d thus adopt this Code of Ethics.
However, a Code of Ethics does not, in and of itself, enhance public trust, nor can it bring ethical behavior by our public servants. These goals are attained only through visible evidence of the manner in which the County's officials and employees apply the principles herein to the actual execution of the County's business. Public servants are stewards of public resources and, as such, are held to a higher standard than that of private citizens. The ethical conduct of government not only complies with written law, it also transcends the law. All El Paso County public servants are encouraged to continuously examine the policies, processes, and practices of our county government and seek and implement improvements.
II. Definitions
For the purposes of this Code:

1. Local public official or county official means an elected county or precinct officer, a county department head, and any appointee to county boards, committees, and commissions.
2. County employee means a person who, whether full-time, part-time, temporary, or regular is hired by the county or paid pursuant to a state or federal grant or working on a volunteer basis for the county and does not qualify as a local public official.
3. Procurement means the process by which goods and services `are purchased with the use of public funds for county use.
4. Goods and services means anything paid for with County funds including a service, equipment, good, or other tangible or intangible personal property, insurance and high technology items.
5. Business entity means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized by law.
6. Substantial financial interest means:

(a) A person has a substantial financial interest in a business entity if:

(1) the person owns 2 percent or more of the voting stock or shares of the business entity or owns either 2 percent or more or $5,000 or more of the fair market value of the business entity; or
(2) funds received by the person from the business entity exceed percent of the person's gross income for the previous year.

(b) A person has a substantial financial interest in real property if the interest is an equitable or legal ownership
(c) A local public official is considered to have a substantial financial interest under this section if a person related to the official in the third degree by consanguinity or affinity, as determined under Chapter 573, Texas Government Code, has a substantial financial interest.

7. Family member means a person related within the third degree by consanguinity or affinity, as determined under Chapter 573, Texas Government Code. See Appendix A.
8. El Paso County Board of Ethics means the board established by the El Paso County Commissioner's Court and charged with the responsibility and the authority to interpret and enforce the El Paso County Code of Ethics.
9. Political activity means:

(a) Soliciting support or funds for the re-election of a person occupying an elective office or a candidate for an elective office or for a political party or political group; and
(b) Advocating passage or defeat of any matter or issue on an election ballot.

10. Private Communication means communication with any vendor outside of a posted meeting of the governing body, a regular meeting of a standing or appointed committee, or a negotiation with a vendor which has been specifically authorized by the governing body.

III. Application of Code
A. This Code applies to the following:
1. 1. El Paso County Judge and Comissioners;
2. 2. All County employees, including assistant county purchasing agents if this Code is imposed upon the purchasing department by the Purchasing Board;
3. 3. All County department heads, including the county purchasing agent if this Code is imposed upon the purchasing department by the Purchasing Board;
4. 4. All County officials as that term is defined herein;
5. 5. All persons whose goods and services are purchased under the terms of a purchase order or contractual agreement with the county;
6. 6. Members of all County boards, commissions, and committees who serve without compensation. This includes county appointees to any board or commission, but not the administration or employees of other political subdivisions, including but not limited to, health and environmental districts, hospital districts, local mental health/mental retardation authorities, fire districts, water districts, appraisal districts, and councils of government;
7. 7. All vendors and contractors who do business with the County or who seek to do business with the County;
8. 8. All candidates for county and precinct elective office who voluntarily agree to comply with this Code;
9. 9. All elected County officials who voluntarily agree to comply with this Code;
10. 10. Employees of the judicial branch of the County of El Paso who are not specifically subject to the Code of Judicial Conduct; and
11. 11. All individuals, who in doing business with the county of El Paso, can be reasonably expected to adhere to the spirit of this Code.
B. All individuals who are excluded from the application of this Code are invited to comply with this Code voluntarily.
C. This Code does not apply to justices of the peace or judges of courts of record.
D. A department head or elected official may impose stricter ethical standards on his employees than those found in this Code.
IV. Conflict of Interest in Procurement
A. Influencing and Advising Regarding Procurement Decisions
Public service is a public trust, requiring all employees to place loyalty to the law and ethical principles above private gain. To that end, all ethical County officials and employees who have any opportunity to influence any decision regarding the purchase of goods or services for the County shall be fair in procurement, bidding and/or contracting for any goods or services on behalf of the County.

1. In advising upon, discussing, recommending, and/or granting any County purchases, bids or contracts, County officials and employees have a duty to inform themselves about their financial interests, and make a reasonable effort to inform themselves about the financial interests of their family members.
2. County officials and employees shall excuse themselves from exercising influence, participation in, and discussion, recommendation, and/or granting of any County purchases, bids, or contracts if they or a family member have a substantial financial interest which may cause their impartiality to be compromised or cause there to be an appearance of impropriety.

B. Prohibited Procurement Participation by Decision Makers
If a local public official or his family member has substantial financial interest in a business entity or in real property, the official shall abstain from any participation on any matter involving the business entity or the real property if:

(a) in the case of a substantial interest in a business entity the action on the matter will have a. special economic effect on the business entity that is distinguishable from the effect on the public; or
(b) in the case of substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public.

C. Disclosure and Reporting
Any local public official or employee to whom Subsection A or B, above, applies shall file an affidavit, in a form to be promulgated by the El Paso County Ethics Board, stating the nature and extent of the business interest before matter is discussed or any decision regarding it is made.
D. Private Communication with Vendors by Members of Commissioners Court, County Department Heads, or the El Paso County Hospital District Board of Managers
No member of the El Paso County Commissioners Court, County Heads or the Hospital District Board of Managers shall permit any vendor, its representative or employee to communicate with him/her privately regarding any procurement of goods or services by the County or the Hospital District from the date that the bid RFP or RFQ is authorized or released, whichever is first. No private communication regarding the purchase all be permitted by a member of the commissioner's court, a department head, or the hospital district board of managers until the procurement process is complete and a purchase order is granted or a contract is entered into. Members of the commissioners court, department heads and the board of managers shall make a reasonable effort to inform themselves regarding procurements and shall have a duty of inquire of vendors, their representatives or employees, the nature of the private communication being sought prior to engaging in any communication. This prohibition against private communication with vendors, their representatives, or employees, shall apply to commissioner's court approval of hospital district purchases.
E. The new statute creates different definitions/options for this section
V. Conflict of Interest in Employment Practices
A. County elected officials and department heads shall ensure that County jobs are open to all applicants regardless of race, gender, religion, national origin, orientation, age, or disability.
B. County elected officials and department heads shall not advocate the employment, appointment, promotion, transfer or advancement to a paid County position of a family member as defined above in Section III (7). Neither shall they supervise nor manage a family member as defined above in Section III (7), unless the employee was employed prior to the election or appointment of the department head.
VI. Outside Employment
A. County Employees

1. A County employee who seeks to engage in employment outside of his duties with the County of El Paso must receive the written approval of his supervisor, on the prescribed HR form, prior to engaging in the outside employment. The employee must furnish to the supervisor a detailed description of the outside employment. Approval shall be given by the supervisor, provided that such employment is not conducted during the hours the employee is scheduled to work for the County; that such employment does not conflict with the employee's duties with the County; that such employment does not adversely affect the public image of the County; and that such employment does not adversely affect the employee's availability and usefulness as employee of the County. The description and written approval shall be kept in the employee’s personnel file.
2. A determination of the existence of a conflict of interest by a supervisor may be appealed by the employee to the Board of Ethics.

B. Department Heads and Elected Officials
An elected official or department head may not hold any employment relationship or contractual relationship which would impair the impartial or independent judgment of the official or department head.
VII. Post Employment Restrictions
A. Elected Officials and Department Heads
An elected official or department head may not, for two years after employment by the County, act as a compensated representative of another before county government in connection wit any specific matter in which articipated as a County official or employee. "Specific" matter refers to business in which the elected official or department head was either personally involved or that was within the official's responsibility while an elected official or department head.
B. Members of Commissioners Court
A member of commissioners court is prohibited from employment with the county for one year after leaving office and is prohibited for two years from representing any person or entity for compensation any person or entity before the El Paso County or any entity controlled by it for any purpose. This does not prohibit the practice of law before any court of record within El Paso County.
VIII. Gifts and/or Benefits
A. A County official or employee with decision making authority, his/her family members, or any business organization in which he/she has a substantial financial interest, may not solicit or accept a gift or benefit valued at more thatn Fifty and No/100 Dollars ($50.00). A Department head or elected official may impose stricter prohibitions on the acceptance of gifts than those required by this code.
B. For purposes of this Code, a “gift or benefit” refers to anything of value including anything reasonably regarded as monetary gain or a monetary advantage:

1. Loans;
2. Travel;
3. Entertainment;
4. Meals and beverages; and;
5. Gifts of tickets or free admission to a professional or intercollegiate sporting event or artistic or cultural event.

C. A prohibited gift does not include:

1. The solicitation or acceptance of contributions to a political campaign if such contribution is subject to reporting under state law.
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, unless the donor has a substantial financial interest in a business relationship or real estate purchase or sale with the County and the recipient is in a position to influence any decisions related to the interest
3. Commercially reasonable loans made in the ordinary course of the lender's business.
4. Awards, such as plaques, certifications, trophies or similar mementos, publicly presented in recognition of public service.
5. Gifts do not include items for which the County reimburses or items which are received but are donated to a charitable organization within 30 days. If the gift is a perishable item, such as flowers, it, or candy, it may be placed on a public counter and shared with employees and the public.
6. Invitations or tickets to fund raising dinners or public charitable benefit events.
7. Food or drink consumed by an elected official or employee with decision-making authority during the conduct of official, public business or attendance at public ceremonies as a public official or employee.

D. Persons seeking guidance regarding the applicability of the Code to a particular transaction may seek an advisory opinion from the Board prior to the transaction. However, such advisory opinion shall not be binding on the Board should the actual facts of the matter differ from the information presented to the Board.
IX. Statement of Financial Interest
A. Report
Those who make decisions involving public personnel, property, resources, and funds exercise substantial influence and discretion in the performance of their public duties. In the interest of full disclosure of their financial interest, candidates for elected office, elected officials, appointed officials, board and committee members, department heads and the purchasing agent shall file with the County Board of Ethics a signed, sworn financial disclosure statement within 30 days of the application for such office, taking office, appointment or selection, a signed, sworn financial disclosure statement making known:

1. The name, address, and industry of any entity for whom that person is employed or self employed;
2. The name, address, and industry of boards of directors of corporations on which the person serves, whether organized for profit or not, and whether such service is for compensation or not;
3. The name, address, and industry of any business in which the person has partnership or joint venture interest; and
4. The name, address, and industry of any business in which the person has a substantial financial interest.

There is no requirement to disclose the extent of financial involvement in any business interest. However, the county judge, a county commissioner, and the county attorney may provide a copy of their most current financial disclosure report filed pursuant to Chapter 159 of the Local Government Code in lieu of the financial disclosure statement required by this Code.
B. Time for Filing
Each person subject to this provision shall file a signed and sworn updated financial disclosure statement with the County Board of Ethics by April 30th of each year in office or employed .
Each candidate for elected office and each candidate for a department head position shall be provided with a notice of the financial disclosure requirements at the time of application for such office or employment.
C. Delinquent Reports
Within 60 days after the effective date of this Code of Ethics, and no later than July 1 of each year thereafter, the County Board of Ethics shall prepare a delinquent report naming each person subject to this filing requirement who has not filed the required statement. Such report shall be submitted as an agenda item to the Commissioners Court at its next regular meeting. Another notice of the financial disclosure requirements shall be sent to each person who has not filed the required statement.
D. Publication
The County Board of Ethics shall submit all financial disclosure statements and delinquent reports to the County Information Technology Department for posting on the County website. The reports shall be easily accessible on the County website.
X. Political Activity
A. County Time and Equipment
No non-elected county official or employee shall engage in political activities during any hours he or she is paid to actually work for the county. Non-elected county officers and employees may take vacation leave or leave without pay for this purpose if approved according to county policy. No county official or employee shall utilize county equipment or supplies of any kind for political purposes.
B. Coercion of Employees
No County official, department head, or employee shall directly or indirectly, use or threaten to use, any official authority or any influence in any manner whatsoever which tends:

(1) to coerce any person to participate in political activities, an election campaign, or fundraising effort; or
(2) to discourage, restrain, deter, prevent, interfere with, or discriminate against any person who chooses to participate in political activities, an election campaign, or fundraising effort.

C. Seeking Elective Office
No county official or employee shall be prohibited from seeking or holding elective office.