Austin |
Code of Ordinances |
Title 2. ADMINISTRATION. |
Chapter 2-7. ETHICS AND FINANCIAL DISCLOSURE. |
Article 5. FINANCIAL DISCLOSURE. |
§ 2-7-72. REPORTS.
(A)
Not later than April 30 of each year, each City official shall file with the city clerk a public statement of financial information covering January 1 through December 31 of the previous calendar year. Not later than July 31 of each year, the mayor and members of the city council and spouses shall also file with the city clerk an updated statement of financial information which shall cover January 1 through June 30 of the current calendar year. The updated statement shall only include any change in a "substantial interest" or "substantial interest in real property" as defined in Section 2-7-2 ( Definitions ) since the last filed statement. For an outgoing mayor or council member who has not been re-elected, not later than the 30th day after the end of a mayor's or council member's term, the mayor or council member shall file with the city clerk a statement of financial information covering January 1 through December 31 of the previous calendar year.
(B)
Any non-elective City officials covered by Section 2-7-71 ( Definitions ) who are appointed or hired shall file an initial statement of financial information for the previous calendar year within 30 days of being hired or appointed. Thereafter, such person shall, within the time limits provided by this article, file a statement of financial information for the full appropriate reporting period. However, any salaried City official who resigns or is terminated for any reason shall file with the city clerk a public statement of financial information which shall cover the current year to the date of resignation or termination on or before his last day as a salaried employee. In such event, a salaried employee shall not be required to file a public statement of financial information for the year in which the resignation or termination occurred. He shall, at that time, also file a statement of financial information for the previous year if one has not been submitted prior to the employee's termination date.
(C)
The members of the following boards and commissions shall report the information required by Subsection (E):
(1)
Arts Commission;
(2)
Board of Adjustment;
(3)
Environmental Commission;
(4)
Historic Landmark Commission;
(5)
Housing Authority of the City of Austin;
(6)
Parks and Recreation Board;
(7)
Planning Commission;
(8)
Public Safety Commission;
(9)
Zero Waste Advisory Commission;
(10)
Water and Wastewater Commission;
(11)
Urban Renewal Agency; and
(12)
Zoning and Platting Commission; and
(13)
Community Development Commission.
(D)
In addition to other required information, the mayor and members of the city council shall report the amount or category of information as designated in Section 2-7-73 ( Categories ), for any item reported under Subsection (E)(1), (3), (4), (6), (7), (10), (11) or (12).
(E)
A City official shall include the following information by separate listing in the required statement of financial information, such information to include the source of income or assets and liabilities of their spouses but shall not require a separate report by such official's spouse:
(1)
All sources of occupational income which exceed 10 percent of the official's gross income or $5,000 in salary, bonuses, commissions or professional fees; or $20,000 in payment for goods, products or nonprofessional services, excluding the amount but including the name and address of the employer or source of income, and the nature of the occupation or business of each source.
(2)
If the official is a self-employed solo practitioner, or if the official owns or controls at least a five percent interest in a partnership, professional corporation or other entity through which the official does business, the official shall report the names and addresses of the clients or customers from whom the official, partnership, professional corporation, or other entity received at least 10 percent of its gross income or $5,000 in salary, bonuses, commissions or professional fees; or $20,000 in payment for goods, products or nonprofessional services of gross income during the reporting period.
(3)
An itemized list of all sources of income from interest, dividends, royalties, rents, trust disbursements, or other non-occupational sources, excluding the amount, but identifying the source, for each such source exceeding either 10 percent of the official's gross income or $5,000.
(4)
The identification of any person, business entity or other organization from whom the City official reporting has received a gift or favor of any money or other thing of value in excess of $100, or a series of gifts from the same source during the reporting period the total value of which exceeds $100, excluding the value of the gift, but including the identification of the source. Excluded from this requirement are campaign contributions which are reported as required by state statute and gifts received from the following relatives:
(a)
spouse;
(b)
children;
(c)
parents;
(d)
grandchildren;
(e)
grandparents;
(f)
brothers;
(g)
sisters;
(h)
uncles;
(i)
aunts;
(j)
nephews;
(k)
nieces;
(l)
first cousins;
(m)
children-in-law;
(n)
parents in-law;
(o)
grandchildren-in-law;
(p)
grandparents-in-law;
(q)
brothers-in-law;
(r)
sisters-in-law;
(s)
uncles-in-law;
(t)
aunts-in-law;
(u)
nephews-in-law;
(v)
nieces-in-law; and
(w)
first cousins-in-law.
(5)
The name of any corporation, partnership, limited partnership, or other entity in which the official held, owned, acquired, or sold stock or other equity ownership having a value exceeding $5,000 or equivalent to five percent or more of the stock or equity in the entity.
(6)
A description, excluding the face amount, of all bonds, notes and other commercial paper which the official held, owned, acquired, or sold at any time during the reporting period if the combined face value of the bond, notes and commercial paper exceeds $5,000.
(7)
Any other income or revenue of the official in excess of $5,000, including a description of sources, but excluding amounts.
(8)
An itemized list of all real property in which the official holds any legal or beneficial interest, including real property for which the official has entered into a contract for sale, and including a description sufficient to locate the property, stating the state address, if any, and the present use of the property.
(9)
An itemized list of all real property held, owned, acquired, sold or under contract for sale by a corporation, partnership, limited partnership, professional corporation, or other entity in which the official owns or controls at least a five percent interest, including a description sufficient to locate the property, stating the street address, if any, and the present use of the property.
(10)
All loans and extensions of credit exceeding $5,000 on which the official is lender or creditor, excluding the amount of the loan or extension of credit but including the name of the debtor and the rate of interest, if any.
(11)
All loans or transactions exceeding $5,000 on which the official is a guarantor or co-signor, excluding the amount of the loan or guarantee, but including the names of the borrower and lender.
(12)
All loans to, debts of, and other financial liabilities of the official which are in excess of $5,000 and all loans to, debts of and other financial liabilities of any corporation, partnership, limited partnership, professional corporation or other entity in which the official owns or controls at least five percent interest, which liabilities exceed $5,000. For all debts, loans and liabilities presently outstanding or which existed at any time during the reporting period, the official shall state when the liability was incurred, the rate of interest being charged, if any, and the name of the lender, creditor or obligee, but not the amount of the liability.
(13)
All boards of directors of which the official is a member and the offices or executive positions which the official holds in corporations, partnerships, limited partnerships, professional corporations or other entities, including non-business entities, stating for each the name of the entity and the position held. There shall be excluded from this item positions on corporations or other entities owned by the City or created by the city council.
(F)
If, during a reporting period, the mayor or member of the city council has accepted the offer of any trip or excursion from a person or entity other than the City, then he shall report the following to the city clerk before embarking on such a trip or excursion:
(1)
the name of the sponsor;
(2)
the place or places to be visited;
(3)
the purpose of such a trip or excursion; and
(4)
the date and duration of any such trip or excursion.
Within 15 days of return from such a trip or excursion, the mayor or Councilmember shall report to the city clerk the approximate value of such a trip or excursion.
(G)
If any City official or City employee has accepted any item by way of gift or loan on behalf of the City, such gift or loan must be promptly reported to the city manager or his designee who shall have the gift or loan inventoried as City property in the case of a gift, or as a loan to the City in the case of a loan.
Source: 1992 Code Section 2-3-72; Ord. 031204-9; Ord. 031211-11; Ord. 20071129-011; Ord. 20090618-047; 20090723-097; Ord. 20090827-021; 20120126-049; Ord. No. 20141211-204, Pt. 25, 7-1-15 ; Ord. No. 20170209-005 , Pt. 19, 2-20-17; Ord. No. 20141211-204 , Pt. 25, 7-1-15; Ord. No. 201808030-066 , Pt. 3, 9-10-18.