Council approves changes to Code of Ethics for board, commission members

The Gonzales City Council met for the regularly scheduled meeting at City Hall Thursday, July 11.

One of the big items of discussion was regarding Articles 9.300-9.500, which pertains to Boards, Commissions and Committees, Rules of Procedure Decorum and Ethics, and Code of Ethics and Conduct for City Officials and Employees.

At the Tuesday, June 25 workshop meeting, the council discussed possible board and commission qualifications and disqualifications as well as implementing felony background checks.

“We added in the items of background checks and updated some of the wording in that process to make it a clear definition of what the qualifications and disqualifications to serve one of our boards,” City Manager Tim Crow said.

Those qualifications indicate a potential board or commission members:

– Must be a resident of the city unless the resolution, ordinance, or other law creating the board does not require residency;

– Must have not been convicted of a felony within the last five years for which he/she has

not been pardoned;

– Must have not been convicted of a misdemeanor crime of moral turpitude within the last

three years for which he/she has not been pardoned;

– Must have not been removed from a board or commission because of failure to attend meetings within the last three years.

– Must not be in arrears in the payment of any taxes or other liability due to the city.

– May not apply to serve on a board with their immediate family members; and

– City employees are not eligible unless required by state statute.

In order to continue as a board member, a person appointed to a board, commission or committee must meet the qualifications required by this section for appointment during the entire time of service on a board, according to the code.

“As a representative of the City of Gonzales and due to the nature of the business and associations performed by each Board and Commission member, a felony background verification will be conducted on all new applicants effective with the adoption of this policy,” Ordinance No. 2024-23 reads.

Current board members would be grandfathered with the adoption of the policy and felony background verifications will not be conducted for sitting board or commission members until they request reappointment for an additional two-year term.

“Any current member who is currently serving a two-year term after the adoption of the policy will be required to notify the City Secretary within ten days of any charge for a felony or crime of moral turpitude during their term,” the ordinance states. “A member failing to notify the City of such charges will be automatically removed from the board, commission or committee. A member who is charged and makes the required notification will be presented to the City Council for review, and at such time, the City Council will determine whether it is in the city’s best interest to suspend or remove the member from the board, commission, or committee.”

Councilwoman Ronda Miller suggested removing the number of years stipulated for felonies as well as misdemeanor crimes of moral turpitude, which can include such offenses as public lewdness, indecent exposure, enticing a child, prostitution, obscenity and sale or distribution of harmful material to a minor, according to the Texas Penal Code.

Mayor Steve Sucher, however, said he did not think the five-year limit for felonies and three-year limit for misdemeanors should be removed.

In a roll call vote, the council voted 3-2 to amend Article 9.500 Code of Ethics and Conduct for City Officials and Employees while striking the year stipulations. Council members Lorenzo Hernandez, Mariah Jordan and Miller voted for the motion, while Council member Joseph Kridler and Sucher voted against it.

In other business, the council approved the following agenda items:

– approved authorizing the City Manager to negotiate and enter into an agreement for Professional Auditing Services with Brooks Watson & Co.

– approved rescheduling the Thursday, Oct.10 City Council meeting to Thursday, Oct. 17.

– approved Ordinance 2024-24 closing and abandoning, to the abutting property owner, a portion was certain unopened street (City Street West of Water Street) and authorizing the city manager to execute the real property contract.