1 / 24

The Ethics of Dealing with Vendors

The Ethics of Dealing with Vendors. Ross Fischer Seguin City Attorney. Ethical Overview. Judges & Court Personnel Public Officials Law Enforcement. Goals. Avoid trouble for… Your Court Your City Yourself. “Improving” your Court. “Improving” your Court. Vendors?. Vendors?. Vendors?.

halil
Download Presentation

The Ethics of Dealing with Vendors

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney

  2. Ethical Overview • Judges & Court Personnel • Public Officials • Law Enforcement

  3. Goals • Avoid trouble for… • Your Court • Your City • Yourself

  4. “Improving” your Court

  5. “Improving” your Court

  6. Vendors?

  7. Vendors?

  8. Vendors?

  9. Money Makers In FY 2007, Texas Municipal Courts generated: $685,793.685.00

  10. Ethics for JudgesTexas Code of Judicial Conduct • Canon 4(D)(4): • Neither a judge nor a family member residing in a judge’s household shall accept a gift, bequest, favor, or loan from anyone, except: • Legal resource, or bar-related activity • Loan in regular course of business • Social hospitality, family gifts • So long as donor’s interests are not likely to come before the judge

  11. Ethics for JudgesTexas Code of Judicial Conduct • Canon 2. Avoiding Impropriety and the Appearance of Impropriety in All of the Judge’s Activities • A judge shall comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

  12. Conflicts of InterestLocal Gov’t Code 171 • “Substantial Interest” • More than 10% of business or $15K • More than 10% of official’s gross income • Real property worth more than $2,500 • Applies is relative within 1st degree has substantial interest

  13. Conflicts of InterestLocal Gov’t Code 171 • Affidavit filed with “official record keeper” • Abstain from deliberation and vote • Class A Misdemeanor • If 171.004 violated • Action invalidated only if vote determinative

  14. “Can I take it?”Penal Code Chapter 36 • If offered by a registered lobbyist: • May accept • Food, entertainment, awards, mementos, & gifts valued at less that $500 • May NOT accept • Loans, money, travel or lodging

  15. “Can I take it?”Penal Code Chapter 36 • If offered by non-lobbyist: • May accept • Items less than $50 • Political contributions • Fee for service unrelated to official status • Food, entertainment, travel and lodging, if • Donor present • Properly reported

  16. “Can I take it?”Criminal Consequences • PC 36.07 – Acceptance of Honorarium • “but for” official position • Expenses for conference where official is substantially involved • Violation is Class A misdemeanor

  17. “Can I take it?”Criminal Consequences • PC 36.08 – Gift to Public Servant; • Class A Misdemeanor • Offense to solicit, accept or agree to accept any benefit from a person subject to regulation, inspection, or investigation by public servant’s agency • PC 36.10 – Exceptions • Independent personal relationship • If disclosed under Election Code, PFS, or lobby law • Non-cash gifts worth less than $50

  18. Conflicts QuestionnaireLocal Gov’t Code 176 • Official must file CIS when: • Official (or family member) has employment or business relationship with person seeking to do business with locality, and • Relationship has resulted in $2,500.00 taxable income in preceding 12 months (excluding investment income).

  19. Conflicts QuestionnaireLocal Gov’t Code 176 • Official must file CIS when: • Official or family member accepts gifts with aggregate value exceeding $250 in preceding 12 months from vendor. • Does not apply to gifts from family members, political contributions, or food/lodging/transportation if accepted as a guest. • Failure to file is Class C Misdemeanor

  20. Conflicts QuestionnaireLocal Gov’t Code 176 • Vendor must complete CIQ when: • A vendor seeks to do business with a city, and • A business relationship exists with local official that has generated more than $2,500 in taxable income in preceding 12 months, or • Has given gifts with value exceeding $250 in preceding 12 months. Failure to file is a Class C Misdemeanor

  21. Ethics of Law Enforcement • “I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions…I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service” • Law Enforcement Code of Ethics

  22. What have we learned? • How to identify and address ethical issues involving vendors, as they relate to: • Judges & Court Personnel • Public Officials • Law Enforcement

  23. The End • Feel free to contact me with questions: Ross Fischer Seguin City Attorney rfischer@ci.seguin.tx.us (830) 401-2775

More Related