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,

10. 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

11. 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.

13. Conflicts of Interest Local 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

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

15. “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

16. “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
Discuss Prior Relationship exception

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

18. “Can I take it?” Criminal Consequences
PC – 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 – Exceptions
Independent personal relationship
If disclosed under Election Code, PFS, or lobby law
Non-cash gifts worth less than $50

19. Conflicts Questionnaire Local 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, taxable income in preceding 12 months (excluding investment income).
Law passed in 2005
In 2006 AG Opinion requested by author, others…never a good sign…”What did I mean?”

20. Conflicts Questionnaire Local 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

21. Conflicts Questionnaire Local 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

22. 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

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

24. The End Feel free to contact me with questions: Ross Fischer
Seguin City Attorney
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