CONFLICT OF INTEREST
DISCLOSURES
The following statements and questionnaires
have been filed with the City of Shoreacres:
None.
INSTRUCTIONS FOR CONFLICTS OF INTEREST
QUESTIONNAIRE [Form CIQ]
H.B. 914, passed during the 2005 Texas legislative
session, as amended by H.B. 1491 passed in 2007,
requires certain persons who wish to conduct
business or be considered for business with a city
to file a “conflict of interest questionnaire.” The
Texas Ethics Commission (TEC) created the conflict
of interest questionnaire (FORM CIQ). These laws are
codified in Chap. 176 of the Texas Local Government
Code.
What vendors/persons are subject to
Chapter 176?
The word “person” includes a partnership,
corporation or other corporate body, including those
performing professional services. Such partnerships
or corporations act through individuals, but it is
the partnership or corporation that would be seeking
to do business with the city.
Any “person”
who contracts or seeks to contract for the sale or
purchase of property, goods, or services with a
local governmental entity
An agent of a
person who contracts or seeks to contract for the
sale or purchase of property, goods, or services
with a local governmental entity
A vendor
shall file a completed conflict of interest
questionnaire if the person has a business
relationship with a local governmental entity and:
(1) has an employment or other business relationship
with an officer of that local governmental entity,
or a family member of the officer that results in
taxable income exceeding $2,500 during the 12 month
period preceding the date a contract is executed or
a contract is being considered; or (2) has given an
officer of that local governmental entity, or a
family member of the officer, one or more gifts with
the aggregate value of more than $250 in the 12
month period preceding the date a contract is
executed or a contract is being considered.
What triggers the requirement to file a
“conflict of interest questionnaire”?
When a person begins (1) contract discussions or
negotiations with the city or (2) submits an
application, response to request for proposals or
bids, correspondence, or another writing related to
a potential agreement, Form CIQ must be completed.
Whether the person initiates the discussion or the
city initiates the discussions, Form CIQ must be
completed. Even if the vendor has no affiliation or
business relationship with an officer or employee of
the city, Form CIQ must be completed and submitted.
To what type of contracts does the bill
apply?
Any written contract and any implied contract, such
as purchase orders, procurement card purchases,
utility purchases, or any exchange of money or other
consideration for some service or property. The
monetary amount or value of the contract/purchase
does not matter.
When must a vendor file the conflict of
interest questionnaire?
No later than seven days after the date the person:
(a) begins contract discussions or negotiations with
the city, or (b) submits an application or response
to a request for proposals or bids, correspondence,
or another writing related to a potential agreement
with a city, or (c) becomes aware of an employment
relationship with a local government officer or
family member of the officer, or (d) becomes aware
of a qualifying gift.
What has to be revealed?
Section 176.006 requires disclosure of a person’s
employment or business relationships. This includes
each employment or business relationship with a
corporation or other business entity with respect to
which a local government officer services as an
officer or director or holds an ownership interest
of 10% or more.
How do I go about filling out the
Conflict of Interest Questionnaire form?
Each number below corresponds with the number on
FORM CIQ 2: 1. Fill in the full name of the
person who is trying to do business with the City.
If the person is a corporation, partnership, etc.,
then it is the name of that corporation,
partnership, etc., that is required on Form CIQ.
2. Check box if the form is an update to a form
previously completed. Updates are required by the
7th business day after an event that makes a
statement in a previously filed questionnaire
incomplete or inaccurate. Updates are also required
by September 1 of each year in which the person
submits a proposal, bid or response to the City of
Waco or begins contract discussions or negotiations
with the City. 3. Complete this Section by
listing the name of the local government officer
(member of City Council or City Manager) with whom
there is an affiliation to or business relationship
and you checked the “Yes” box in Section 3 A, B, or
C. If there is more than one local government
officer (City Council or City Manager) with whom
there is an affiliation or business relationship,
more than one page two may be needed to provide
information on each local government officer. 4.
State whether the local government officer named on
the form receives or is likely to receive taxable
income, other than investment income, from the
vendor filing the questionnaire. 5. State whether
the filer receives or is likely to receive taxable
income, other than investment income, from or at the
direction of the local government officer named on
the form AND the taxable income is not received from
the local governmental entity. 6. State whether
the filer is employed by a corporation or other
business entity with which the local government
officer serves as an officer or director or holds an
ownership interest of 10% or more. 7. Describe
each employment or business relationship with the
local government officer named on the form. 8.
Signature box. Person completing form must date and
sign the form. If the form is being completed for a
corporation, partnerships, etc., the person signing
should be someone who is authorized to act on behalf
of the corporation, partnership, etc.
A copy of the Conflict of Interest Questionnaire -
Form CIQ can be found at:
https://www.ethics.state.tx.us/forms/CIQ.pdf
A signature is required in box #4
regardless of any other entry on the form.
A copy of Chapter 176 of the Texas Local
Government Code can be found at:
http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm
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