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Protecting our most precious resource - Water |
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CODE OF ETHICS
DEFINITIONS
District The term “District” shall mean and refer to the Fayette County Groundwater Conservation District created by authority of and essential to accomplish the purposes of Article XVI, Section 59, of the Texas Constitution.
Board
The
term “Board” shall mean and refer to the Board of Directors of the Fayette
County Groundwater Conservation District, which is the governing body of the
District.
Director
The
term “Director” shall mean a person elected or appointed to serve on the
Board of Directors of the District.
District
Officials
The
term “District officials” shall mean District Directors, officers and
employees of the District.
Employee
The
term “employee” shall mean any person employed by the District, but does not
include independent contractors or professionals hired by the District as
outside consultants.
Substantial
Interest
The
term “substantial interest” shall mean that as defined by current State law
as of the date of adoption of this Code of Ethics, Chapter 171 of the Local
Government Code regulating conflicts of interest of District officials.
This
code of ethics has been adopted by the District for the following purposes: (a)
to assure compliance with the Texas Water Code, as amended, and with other state
and federal laws affecting the operations of the District; (b) to encourage high
ethical standards in official conduct by District officials; and (c) to
establish guidelines for such ethical standards of conduct.
It is
the policy of the District that District officials shall conduct themselves in a
manner consistent with sound, ethical, business practices; that the public
interest shall always be considered in conducting District business; that the
appearance of impropriety shall be avoided to ensure and maintain public
confidence in the District; and that the Board shall control and manage the
affairs of the District lawfully, fairly, impartially, and without
discrimination, and in accordance with the stated purposes of the District.
1.03.
Qualification of Directors
A. A person shall not serve as a Director if he or she
is not qualified to do so under the provisions of the
District’s enabling legislation.
B.
Within 60 days after the Board determines that any Director is not qualified to
serve on the Board, it shall replace such Director with a person who is
qualified.
C.
Any Director not qualified to serve on the Board, who willfully occupies an
office and exercises the duties and powers of that office, may be subject to
penalties under the Texas Water Code, including possible conviction of a
misdemeanor and imposition of a fine.
A.
A District official is prohibited by Chapter 171 of the Local Government Code
from participating, directly or indirectly, in a vote or decision or from acting
as a surety on any matter involving a business entity in which the official has
substantial interest, if it is reasonably foreseeable that an action or decision
on the matter would confer an economic or any other benefit on the business
entity. The definition of
“substantial interest”, the procedures for disclosure, and penalties for
non-compliance are stated in Chapter 171 of the Local Government Code and are
incorporated by reference into this document.
B.
In cases of conflicts of interest, District officials shall disclose such
conflicts and shall file with the Board secretary an affidavit stating the
nature and extent of the conflict of interest. Thereafter, that District
official shall abstain from participation in the matter as provided by law.
C.
District officials shall not disclose, without written legal authorization,
confidential information to advance the financial or other private interests of
the District official or others regarding any contract or transaction which is
or may be the subject of an official action of the District.
D.
The District may not contract for the purchase of services or property directly
with a District official or with a business entity in which a District official
has a substantial interest except as permitted by law.
E.
The Board shall take a separate vote on any budget item specifically dedicated
to a contract with a business entity in which a Director has a substantial
interest. The Director having the substantial interest may not participate in
that separate vote, and may not vote on a final budget unless the terms of §171.005(b),
Local Government Code, are met.
1.06.
Acceptance of Gifts
(1)
an occasional non-pecuniary gift, valued at less than $25.00; or
(2)
an award publicly presented in recognition of public service.
1.07.
Use of District Property
No Board member, officer, or employee shall permit any personal or unauthorized
use of District-owned or
District-controlled, equipment materials, supplies, or property.
ARTICLE
II
Travel
Expenditures Policy
The District hereby establishes policies for reimbursing District Directors,
officers, and employees for necessary and reasonable travel expenses incurred
while conducting official business of the District or performing official duties
or assignments.
2.02.
Reimbursement of Expenses
The District may reimburse District officials for expenses incurred while
conducting official business or performing official duties or assignments as
follows:
A.
Authorized expenses include cost of meals, lodging, commercial travel, in some
cases personal automobile mileage, and other necessary and reasonable costs
incurred while on official business away from designated headquarters.
B.
Reimbursement for travel expenses shall be subject to approval by the Board. The
reimbursement request shall include a statement of the business purpose of the
travel, date, time, and place, and shall be accompanied by supporting receipts
and invoices as required by the Board.
2.03.
Per Diem of Directors and Reimbursement of Expenses
District Directors shall be entitled to compensatory per diem for days spent on
official business in the amount prescribed by law, and as allowed by Section
36.060, Water Code. Each Director is
also entitled to reimbursement of actual expenses for meals, lodging, and
transportation reasonably and necessarily incurred while engaging in activities
on behalf of the District, as provided by Section 36.060, Water Code.
A.
The preservation and safety of the District’s principal shall be the primary
concern of the Board of Directors and the District officials who are responsible
for the investment of District funds. While taking into account preservation and
safety of the principal, District funds shall be invested to yield the highest
possible rate of return, taking into consideration the strength of the financial
institution, and complying with any Internal Revenue Code laws or regulations
and procedures set forth in any bond resolutions or orders, adopted from time to
time by the Board, requiring yield restrictions. Funds of the District shall be
invested by the District in accordance with this policy. Any resolution or order
adopted by the Board relating to investment policies or procedures shall be in
writing and shall be made available to requesting members of the public.
B.
District funds shall be invested and reinvested by the District and/or the
District’s investment officer only in national or state banking associations
or savings and loan associations located within the State of
C.
It shall be the responsibility of the District and/or the District’s
investment officer to invest and reinvest the District funds in accordance with
this policy to meet the needs and requirements of the District. It shall be the
policy of the District that funds shall not remain in any given investment for
longer than two years. The Board, by separate resolution, may provide that the
District and/or the District’s investment officer may withdraw or transfer
funds from and to accounts of the District on such terms as the Board considers
advisable. Providing however, that
nothing hereinabove provided shall authorize any transfer, expenditure, or
appropriation of District funds, other than for the District’s own account,
unless by check or draft signed by three (3) members of the Board of Directors
or as authorized by separate order or resolution of the Board.
D.
Should total District funds exceed $ 100,000, there is hereby established an
investment committee, composed of the District’s investment officer, the
District’s financial advisor, and at least one Director. The investment
committee shall meet quarterly to monitor and review the investments and
collateral of the District. The investment officer shall be the chairman of the
committee. The committee shall report concerning the District’s investments
transaction for the preceding year describing the investment position of the
District at the end of each fiscal year. The report shall be signed by the
members of the committee. The committee also shall report to the Board on its
review the month following each quarterly meeting.
3.03.
Security of District Funds
A.
It shall be the policy of the District that all funds shall be insured by the
FDIC, FSLIC, or by collateral pledged to the extent of the fair market value of
the amount not insured. The District officials recognize that FDIC and FSLIC
insurance is only available up to a maximum of $100,000 (including accrued
interest) and that the amount of funds at any one Texas financial institution
(including branch banks located within the same county) will be cumulated to
determine the maximum amount of insurance coverage.
B.
To the extent District funds are not insured by the FDIC or FSLIC, there shall
be pledged as collateral, to the extent of the market value thereof, any of the
following securities (collectively, the “collateral”): (1) government
securities or obligations issued by the State of Texas, its agencies or
political subdivisions, and approved by the Attorney General of Texas payable
from taxes or revenues, approved by the investment committee; or, (2) direct
obligations of the United States of America backed by the full faith and credit
of the government; or, (3) any other obligations or securities authorized to be
collateral securing funds of Districts under the laws of the State of Texas,
approved by the investment committee.
C.
The investment committee shall review the fair market value of the collateral
pledged to secure the District’s funds on a quarterly basis to ensure that the
District’s funds are fully secured. The investment committee shall report to
the Board on its review the month following each quarterly meeting.
D.
There shall be no sharing, splitting or cotenancy of collateral with other
parties or entities. The investment officer shall ensure that the custodian of
the collateral shall be an independent third party
ARTICLE
IV
Professional Services Policy
This professional services policy has been adopted to provide for the selection,
engagement, monitoring, review, and evaluation of the District’s professional
services contracts. Consultants retained by the District to provide professional
services include, but are not limited to, legal, engineering, financial advisor,
management, bookkeeping, auditing, and tax collecting. Selection of such
consultants shall be based upon their qualifications
and experience.
The performance of the consultants providing professional services to the
District shall be regularly monitored and reviewed by the Board, and the Board
may appoint a professional services committee to provide such monitoring and
review to the Board.
The Board desires to adopt a policy to ensure better use of management
information, including the use of budgets in planning and controlling costs, the
establishment of a functioning audit committee, and the use of uniform reporting
requirements.
District accounting records shall be prepared on a timely basis and maintained
in an orderly manner, in conformity with generally accepted accounting
principles and the requirements of Chapter 36 of the Water Code and with the
requirements, if any, of the Texas Commission on Environmental Quality. Such
records shall be available for public inspection during regular business hours
at the District’s office.
B.
The audit
shall be completed and filed within the time limits established by the Audit
Laws. If required, copies shall be filed with the Texas Commission on
Environmental Quality together with an annual filing affidavit in the form
prescribed by the Audit Laws.
The Board shall establish an audit committee comprised of a least two Directors
and such persons as the Board may deem appropriate. The persons selected should
not be directly responsible for work subject to the audit.
The audit committee shall conduct, at a minimum, an annual review of the
District’s financial status. The committee shall monitor variances from the
District’s budget, and shall make recommendations thereon to the Board. The
committee shall also review the annual District audit, and shall make
recommendations thereon to the Board.
The Board shall annually adopt a budget in accordance §36.154 of the Water
Code, for use in planning and controlling District costs. Such budget shall take
into consideration all District revenues, including, but not limited to, fees,
taxes and grants, if any, and all projected District obligations and
expenditures. The budget may be amended at any time but such amendment shall be
approved in advance by the Board.
Any references herein to the masculine gender shall also refer to the feminine
gender in all appropriate cases.
The Board officially finds, determines, and declares that these Code of Ethics
and Policies were reviewed, carefully considered, and adopted at a regular
meeting of the Board, and that a sufficient written notice of the date, hour,
place, and subject of this meeting was posted at a place readily accessible and
convenient to the public at the administrative office of the District and was
also posted on a bulletin Board located at a place convenient to the public at
the Fayette County courthouse, for the time required by law preceding this
meeting, as required by the Open Meetings Act, Chapter 551, Government Code,
Vernon’s Texas Civil Statutes, as amended, and that this meeting was open to
the public as required by law at all times during which these Code of Ethics and
Policies were discussed, considered, and acted upon. The Board further ratifies,
approves and confirms such written notices and the contents and posting thereof.
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