§ 2-339. Definitions.  


Latest version.
  • The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Conflict of interest means and includes, but is not limited to, any of the following or combination of the following:

    (1)

    Previous or simultaneous representation by consultant of any person or entity that is regulated by the city or is doing, has done, or there is a reasonable possibility will do, business with the city or otherwise has interests which a reasonable person would conclude could be adverse to those of the city;

    (2)

    Consultant's recommendation to the city for the purchase of goods, products or services provided by any person related to consultant within the first degree by consanguinity or affinity;

    (3)

    Consultant's recommendation to the city for the purchase of goods, products or services provided by an entity in which consultant has a substantial interest;

    (4)

    Consultant recommends to city council, or secures the approval of city council, for the purchase of goods, services, or products knowingly and with the expectation of receiving, either directly or indirectly, any form of payment, including gifts and gratuities, from a person or entity in exchange for recommending such purchase or securing the approval of such purchase;

    (5)

    Consultant or a person related within the first degree of consanguinity or affinity to the consultant owns an interest in land that is the subject of the consultant's representation of the city;

    (6)

    An entity in which the consultant has a substantial interest owns an interest in land that is the subject of the consultant's representation of the city;

    (7)

    Consultant has previously represented or currently represents a person or entity that owns an interest in land that is the subject of the consultant's representation of the city; and/or

    (8)

    Consultant knows or has reason to believe that it cannot actively and aggressively advise and represent the best interests of the city because of previous or simultaneous representation of another person or entity.

    Consultant means and includes any person or entity that provides advice, services, or representation to the city, for a fee and includes, but is not limited to, the professional and consulting services defined under V.T.C.A., Government Code §2254.004.

    Entity means a sole proprietorship, limited partnership, general partnership, corporation, joint stock company, joint venture, receivership or trust, and includes a governmental entity as defined under V.T.C.A., Government Code § 2254.004.

    Person means an individual, corporation, partnership, or unincorporated organization.

    Substantial interest in an entity means:

    (1)

    Consultant owns ten percent or more of the voting stock or shares of the entity or either ten percent or more or $15,000.00 or more of the fair market value of the entity;

    (2)

    Funds received by the consultant from the entity exceed ten percent of the consultant's gross income for the previous year;

    (3)

    A person related to the consultant within the first degree by consanguinity or affinity owns ten percent or more of the voting stock or shares of the entity or either ten percent or more or $15,000.00 or more of the fair market value of the entity;

    (4)

    Funds received from the entity by a person related to the consultant within the first degree by consanguinity or affinity exceed ten percent of the person's gross income for the previous year.

(Code 1992, § 14-120)