The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney.
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Transcript of The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney.
![Page 1: The Ethics of Dealing with Vendors Ross Fischer Seguin City Attorney.](https://reader033.fdocuments.us/reader033/viewer/2022042702/56649cf55503460f949c436a/html5/thumbnails/1.jpg)
The Ethics of Dealing with Vendors
Ross Fischer
Seguin City Attorney
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Ethical Overview
Judges & Court Personnel
Public Officials
Law Enforcement
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Goals
Avoid trouble for…
– Your Court
– Your City
– Yourself
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“Improving” your Court
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“Improving” your Court
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Vendors?
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Vendors?
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Vendors?
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Money Makers
In FY 2007, Texas Municipal Courts generated:
$685,793.685.00
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Ethics for Judges Texas 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
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Ethics for Judges Texas 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.
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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
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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
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“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
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“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
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“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
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“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
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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).
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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
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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
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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
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What have we learned?
How to identify and address ethical issues involving vendors, as they relate to:
– Judges & Court Personnel– Public Officials– Law Enforcement
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The End
Feel free to contact me with questions:
Ross Fischer
Seguin City Attorney
(830) 401-2775