A: The Ethics Commission was created by Commissioners Court in September 2009. It is a 10-member commission that serves to adopt, publish, and enforce an ethics code governing county public servants. The Commission usually meets on the first Thursday of each month to review items that have been placed on the agenda. With the exception of Executive Session, these meetings are always open to the public. The board does not have bylaws, but is governed by Chapter 161 of the Texas Local Government Code, its own Code of Ethics and Rules and Procedures. Each commissioner has a term length of 2 years.
The duties and responsibilities of the Ethics Commission is to adopt, publish, and enforce an ethics code governing county public servants.
In addition to the training requirements, a person must also meet the following to be considered to be on the board:

(a) To be eligible for appointment to the commission, a person must:
(1) be at least 18 years old;
(2) be a property taxpayer in the county; and
(3) have resided in the county for the two years immediately preceding the date on which the person´s term will begin.

(b) A person is not eligible for appointment to the commission if the person is:
(1) an elected officer;
(2) a county employee;
(3) a county affiliate;
(4) a person employed as a lobbyist;
(5) a person convicted of a misdemeanor involving moral turpitude or a felony; or
(6) a person who is delinquent in payment of local, state, or federal taxes.

A: A complaint can be filed against a County public servant.

County public servant means a person elected, selected, appointed, or employed, as defined below, even if the person has not yet qualified for, or assumed the duties of office:

A complaint can be filed against a County Officer.

County Officer means county judge, county commissioner, county attorney, sheriff, county tax assessor-collector, county clerk, district clerk, county treasurer, county auditor, county purchasing agent, and constable, and the 34th Judicial District Attorney when performing an El Paso County governmental function; or

A complaint can be filed against a County Employee.

County Employee means persons employed by the county or by a county officer; assistant district attorneys of the 34th Judicial District Attorney when performing an El Paso County governmental function; and persons employed in the judicial branch of the county government who are not elected or appointed judges and who are not subject to the Code of Judicial Conduct.

A complaint can be filed against a person appointed by the commissioners court or by a county officer to a position on one of the following, whether the position is compensated or not: an authority, board, bureau, commission, committee, council, department, district, division, or office of the county including, but not limited to the following:

El Paso County Hospital District Board
El Paso County Civil Service Commission
Emergency Service District 1
Emergency Service District 2
El Paso County Housing Finance Corporation
El Paso County Risk Pool Board
Sheriff´s Dept. Civil Service Commission
El Paso Mission Trail Zoning and Planning Commission
El Paso County Housing Authority Board
El Paso County Historical Commission
El Paso County Ethics Commission
El Paso County Revolving Loan Board
Veterans Advisory Board; or

a multi–jurisdictional board including, but not limited to the following:
Central Appraisal District
E911 Enhanced Communication Board
Emergence Health Network Board
Purchasing Board
Tax Increment Reinvestment Zone Number 5 (TIRZ);

Only those persons appointed to the multi-jurisdictional boards by El Paso County are subject to the Code. Persons appointed by other entities are not subject to the Code.

A complaint can be filed against an attorney at law, including the 34th Judicial District Attorney or his assistant prosecutors, or a notary public, when participating in the performance of a county governmental function. This provision does not include an attorney at law when exercising prosecutorial discretion or the marshalling or allocation of prosecutorial resources, which are state governmental functions.
County governmental functions include the activities regulated by the following Sections: Procurement, Conflict of Interest in Employment Practices, Outside Employment, Post Employment Restrictions, Gifts and/or Benefits, Statement of Financial Interest, Political Activity, Reporting Violations of the Code of Ethics, Training, and Lobbyists.
A complaint can be filed against a candidate for nomination or election to an elected county office; or

A complaint can be filed against a person who is performing a governmental function under a claim of right although the person is not legally qualified or authorized to do so.

A complaint can be filed against a person while serving as an appointed review officer on a standing preliminary review committee.

A: An individual who is 18 years of age or older may file a sworn complaint.

A: The complaint must be filed in accordance with the rules of the Commission. The complaint must be filed with the Commission using the form adopted by the Commission which is attached as an appendix and can be obtained on the County of El Paso Ethics Commission web page.

A: The complaint shall be submitted to the address listed on the complaint form.

A: A complaint shall be filed within 180 days of the date the alleged conduct is discovered. The Standing Preliminary Review Committee may waive the 180 day filing deadline for good cause shown. In no event, may a complaint be filed later than 2 years from the date of the alleged conduct. For purposes of this section, a complaint is filed on the date it is hand-delivered to the Commission or on the date that it is deposited in the mail or with a common or contract carrier, properly addressed, with postage prepaid.

A: County Public Servants shall not accept other employment or engage in outside activities incompatible with the full and proper discharge of their duties and responsibilities with the county, or which might impair their independent judgment in the performance of their public duty. Consequently, a county public servant shall not:

– accept other employment or engage in a business or professional activity that the county public servant might reasonably expect would require or induce the county public servant to disclose confidential information acquired by reason of the official position;
– accept other employment or compensation that could reasonably be expected to impair the county public servant’s independence of judgment in the performance of the county public servant’s official duties.
It shall be a defense to a complaint filed under this section if a county public servant receives approval from his authorized supervisor pursuant to the El Paso County Civil Service Rules, or other El Paso County or departmental policy.

The term Lobbyist means:
Any individual:
1) who is employed or retained to conduct lobbying activities for financial or other compensation and
2) whose lobbying activities constitute 26 hours or more of their service time during any 3 month period.

OR

Any individual otherwise currently registered or registered within the previous two year period as a lobbyist with any other jurisdiction, whether local, state, or federal.

A: Soliciting support or funds for the re-election of a person occupying an elective office, or for a candidate for an elective office, or for a political party, or for a political group as defined by Texas Election Code Section 251.001, Subsections (12), (13), (14), and (15); and advocating passage or defeat of any matter or issue on an election ballot.

A: "Category One violation" means a violation of the ethics code adopted by the Commission which it is generally not difficult to ascertain whether the violation occurred or did not occur, including: the failure to file a statement or report required under the ethics code in a timely manner that complies with applicable requirements; a misrepresentation in a report required under the ethics code; or a failure to respond in a timely manner to a written notice under Section 161.156(b) of the Texas Local Government Code.

A: "Category Two violation" means a violation of the ethics code adopted by the Commission that is not a Category One violation.

A: Upon completion of the required training, Category I Lobbyists shall register annually on the form prescribed by the Ethics Commission as a Category I Lobbyist with the County Human Resources Department, and receive a current lobbyist registration card, on or before the date they engage in lobbying activity with a County Officer or department head. All registrations expire December 31st of each year.

A: A County public servant, his family members, or any business organization in which he has a substantial financial interest, may not solicit or accept a prohibited gift or benefit valued at more than Fifty and No/100 Dollars ($50.00).
For purposes of this Code, a "prohibited gift or benefit" refers to anything of value including but not limited to: Loans; Travel; Entertainment; Meals and beverages; and Gifts of tickets or free admission to a professional or intercollegiate sporting event or artistic or cultural event.

A prohibited gift does not include:
– The solicitation or acceptance of contributions to a political campaign if such contribution is subject to reporting under state law.
– A gift or other benefit conferred on account of kinship or a personal, professional, co-worker, or business relationship independent of the public duties of the recipient, unless the donor has a substantial financial interest in a business relationship or real estate purchase or sale with the County and the recipient is in a position to influence any decisions related to the interest.
– Commercially reasonable loans made in the ordinary course of the lender's business.
– Awards, such as plaques, certifications, trophies or similar mementos, publicly presented in recognition of or in conjunction with public service.
– Gifts do not include items for which the County reimburses or items which are received but are donated to a charitable organization within 30 days. If the gift is a perishable item, such as flowers, fruit, or candy, it may be placed on a public counter and shared with employees and the public.
– Invitations or tickets to fundraising dinners or public charitable benefit events.
– Reasonable entertainment, meals or refreshments furnished in connection with local public events, appearances or ceremonies related to official county business, if furnished by the sponsor of such public event, appearances or ceremonies.
– Registration, transportation, lodging and meal expenses in connection with a conference or similar event in which the County public servant renders services, such as addressing an audience, engaging in a seminar, or serving as an officer or committee member of an organization, to the extent that those services are more than merely perfunctory. Any materials received in conjunction with the event shall become property of the County.
Persons seeking guidance regarding the applicability of the Code to a particular transaction may seek an advisory opinion from the Commission prior to the transaction. However, such advisory opinion shall not be binding on the Commission should the actual facts of the matter differ from the information presented to the Commission.
A gift that was not personal to the County Public Servant and was a gift to the County for a County public purpose that was accepted by the Commissioners Court pursuant to Texas Local Government Code Section 81.032.

A: County elected officials and department heads shall not advocate the employment, appointment, promotion, transfer or advancement to a paid County position of a family member. Neither shall they supervise nor manage a family member, unless the employee was employed prior to the election or appointment of the department head.

A: See below

First Degree	Second Degree
Person´s spouse
Mother & spouse
Father & spouse	Granddaughter & spouse
Daughter & spouse	Grandson & spouse
Son & spouse	Grandmother & spouse
Mother–in–law	Grandfather & spouse
Father–in–law	Sister & spouse
Stepdaughter	Brother & spouse
Stepson

A: Elected Officials and Department Heads are prohibited from knowingly conducting County business with a former elected official or department head that was separated from office or employment in the previous two years in which the former official is currently compensated as a representative of another person or entity. This prohibition includes any business matter in which the former elected official or department head was either personally involved or that was within his responsibility while an elected official or department head. This does not prohibit the practice of law before any court within El Paso County.

A: Non–elected Department Heads are prohibited from knowingly hiring any person who has served as a county elected official in the previous year. This does not prohibit the practice of law before any court within El Paso County.

A: County public servants must participate in regular training to learn about the County´s ethics standards and expectations and this Code of Ethics. All newly hired, appointed, and elected county public servants will complete training on these subjects in new hire orientation; all other county public servants will complete training on these subjects upon the implementation of this Code and any major changes to the Code; and All county public servants will complete training on these subjects biennially thereafter.

A: Any vendor involved in a single procurement exceeding $50,000 must complete training on the El Paso County Code of Ethics. This training must be completed prior to submitting a bid or proposal, responding to a request for qualifications or proposals, or otherwise contracting with the county. The training must be completed by an officer, principal, or other person with the authority to bind the vendor. The certification of completed training on the Ethics Code issued by the County Human Resources Department is valid for twelve (12) months from the date of completion. A list of those Vendors with a current certification of completion and the corresponding date of expiration shall be maintained on the El Paso County website under the Purchasing Department’s Current List of Training Certified Bidders. This training requirement does not apply to emergency purchases.

A: A lobbyist intending to meet with and/or lobby a County Officer or Department Head shall complete the annual ethics code training and registration prior to meeting with and/or lobbying a County Officer or Department Head.

A: Yes, it is available by clicking here.

A: Upon the request of any person covered by the Ethics Code, the Commission or its designee may issue a written ethics advisory opinion regarding the application of the Ethics Code to a specified existing or hypothetical factual situation. The Commission or its designee may not issue an opinion that includes the name of any person who may be affected by the opinion. The name of the person requesting the opinion shall be confidential.

A: As per the Texas Local Government Code, Sec. 161.202.
CIVIL PENALTY FOR DELAY OR VIOLATION.
(a) The commission may impose a civil penalty of not more than $500 for each delay in complying with a commission order.
(b) The commission may impose a civil penalty of not more than $4,000 for a violation of the ethics code adopted by the commission.
(c) A penalty paid under this section shall be deposited to the credit of the general fund of the county.
(d) This section is cumulative of any other available sanctions under this chapter.