FREQUENTLY ASKED QUESTIONS

Question 1: What is the Ethics Commission and what are its responsibilities and duties?   
Answer: The Ethics Commission was created by the Montgomery County Commissioners Court in December 2019. The Commission has ten members and was created to adopt, publish, and enforce the Montgomery County Code of Ethics.

Question 2: What is the purpose of the Code of Ethics?  
Answer: The purpose of the Code of Ethics (the “Code”) is to promote integrity, transparency, and trust with respect to the ethical practices of Montgomery County elected and appointed officials, and employees. The Code sets forth the expectations of professional behavior and memorializes Montgomery County’s commitment to high standards and honesty, and the avoidance of impropriety and conflicts of interest. The Montgomery County Ethics Commission enacts the Code to detect and prevent violations of the law, and to implement and enforce ethical standards applicable to Montgomery County officers and employees.

Question 3: Against whom can a complaint be filed under the Code of Ethics?
Answer: The Montgomery County Code of Ethics is applicable to all County Public Servants.  County Public Servants are persons elected, selected, appointed, employed, or otherwise designated as one of the following, even if the person has not yet qualified for or assumed the duties of office:

• a County Officer or County Employee;
• a person appointed by the Commissioners Court or 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; or
• a multi-jurisdictional board;
• an attorney at law or notary public when participating in the performance of a governmental function;
• a candidate for nomination or election to an elected County Office; or
• 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. 

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

Question 5: How do I file a complaint?
Answer: A complaint must be filed with the Commission using the prescribed form in accordance with the rules of the Ethics Commission. The Sworn Complaint form can be obtained on the Montgomery County Ethics Commission web page: Welcome to Montgomery County, Texas (mctx.org).

Question 6: Where do I file a complaint?
Answer: A sworn complaint is considered submitted on the date it is hand-delivered to the Montgomery County Human Resources Department, or on the date that it is deposited in the mail or with a common or contract carrier, properly addressed with postage prepaid to:

Montgomery County Human Resources Department
c/o Montgomery County Ethics Commission
501 N. Thompson, Suite 400
Conroe, Texas 77301

Question 7:  Is there a deadline to file a complaint?
Answer: 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 U.S. mail or with a common or contract carrier, properly addressed with postage prepaid.

Question 8: If I file a complaint, when does the Respondent get notice of my identity?  
Answer: The Commission shall send notice of the Complaint to the Respondent no later than the 14^th day after the Complaint is filed.

Question 9: What happens if the Respondent retaliates against me for filing a complaint? 
Answer:  A County Public Servant may not suspend or terminate the employment of or take other adverse action against a County Employee who in good faith files a Complaint or otherwise reports to the Commission, Commission Staff, or another law enforcement authority a violation of the Code of Ethics by a person subject to the Code of Ethics.  Failure to adhere to this provision is itself a violation of the Code of Ethics and any County Employee who believes they have been retaliated against may file an additional complaint for said retaliation.

Question 10: What are the penalties for filing a frivolous or bad faith complaint?
Answer: The Commission may impose a civil penalty of not more than $4,000 for the filing of a frivolous or bad-faith complaint. A frivolous or bad-faith complaint is a Violation of the Ethics Code. In this subsection, “frivolous complaint” means a complaint that is groundless and brought in bad faith or is groundless and brought for the purpose of harassment. The respondent to a bad-faith complaint may also elect to commence a civil action against any person who filed a frivolous complaint against the respondent and a court may award costs and attorney’s fees.

Question 11: What type of penalties and sanctions can the Commission impose?
Answer: As per the Texas Local Government Code, Sec. 161.202. Civil Penalty for Delay or Violation.

• The Commission may impose a civil penalty of not more that $500 for each delay in complying with a Commission order.
• The Commission may impose a civil penalty of not more than $4,000 for a violation of the Code of Ethics adopted by the Commission.
• Penalties imposed are in addition to other sanctions available to the Commission, per the Code of Ethics and Complaint Rules and Procedures.

Answer: 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:

1. 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;
2. 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.

If a county public servant receives approval from their authorized supervisor pursuant to the Montgomery County Civil Service Rules, or other Montgomery County or departmental policy, the receipt of authorization shall be a defense to a complaint filed under this section.

Question 13: What is a lobbyist?
Answer: 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.                                                                                     

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.

Question 14: What is political activity?
Answer: Political activity means soliciting support or funds for the re-election of a person occupying an elective office, or for a candidate of 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), or advocating passage or defeat of any matter or issue on an election ballot.

Question 15: What constitutes an ethical violation?
Answer: The Code sets forth the expectations of professional behavior and memorializes Montgomery County’s commitment to high standards and honesty, and the avoidance of impropriety and conflicts of interest. Ethical violations are violations of the Montgomery County Code of Ethics and are categorized as either Category One Violation or Category Two Violation, depending upon the nature of alleged wrongful conduct. Further information regarding conduct that constitutes a violation may be located under Section III. Definitions and Terms of the Montgomery County Code of Ethics.

Question 16: How do I know if a lobbyist is registered?
Answer: Request a current Lobbyist Registration Card from the Lobbyist or contact the Montgomery County Human Resources Department.

Question 17: May persons covered by the code accept gifts?
Answer: A County Public Servant, his family members, or any business organization in which he has a Substantial Financial Interest, may not solicit any gifts, nor may accept a prohibited gift or benefit valued at more than fifty dollars ($50.00) in connection with their position or because of their duties as a County Public Servant.

For purposes of this Code, a “prohibited gift or benefit” refers to anything of value, including cash or cash equivalent, goods or services.

A prohibited gift does not include:

1. the Solicitation or acceptance of contributions to a political campaign if such contribution is subject to reporting under state law and does not violate any other law;
2. a gift or other benefit awarded 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 of sale with the County and the recipient is in a position to influence decisions related to the interest;
3. commercially reasonable loans made in the ordinary course of the lender's business and same terms as available to the public;
4. awards, such as plaques, certifications, trophies or similar mementos, and incidental items not exceeding a value of $50.00, when publicly presented in recognition of their public service, and ii) gifts cards not exceeding $35.00 presented by the Montgomery County Employee Committee to a county employee recognized as the Employee of the Month;
5. items for which the County, another governmental entity, or nonprofits operating on behalf of and in support of governmental entities, reimburses expenses;
6. or if the gift is a perishable item, such as flowers, fruit, or candy, it may be accepted if placed in a common area of the office and shared with co-workers or other County employees;
7. invitations or tickets to public fundraising dinners or public charitable benefits;
8. reasonable entertainment, meals or refreshments furnished in connection with local public events, appearances, meetings, engagements or ceremonies related to official county business;
9. 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 and attendance is appropriate to the performance of the official duties or representative function of the official or employee. Any materials received in conjunction with the event shall become property of the County;
10. a non-personal gift to a County Public Servant, for a County public purpose, which was accepted by the Commissioners Court pursuant to Texas Local Government Code Section 81.032. Items received in conjunction with this section shall become property of the County;
11. gifts of tickets or free admission to local school or local sporting events or local artistic or cultural events, if the attendance is appropriate to the performance of the official duties or representative function of the official or employee;
12. gifts of tickets or free admission to political campaign events or campaign fundraisers with a value not exceeding $250.00 given on account of kinship or a personal, professional, co-worker, or business relationship independent of the public duties of the recipient (notwithstanding political contributions subject to reporting under Texas Ethics Commission Rules); or
    any other exceptions authorized by the current Texas Ethics Commission Rules or other applicable law.

Answer: In general, no. County elected officials and department heads shall not advocate the employment, appointment, promotion, transfer or advancement of a family member to a paid County position, nor shall they supervise or manage a family member, unless the employee was employed prior to the election or appointment of the department head. 

Question 19: Who is considered a family member under the Code of Ethics?    
Answer:

Question 20: Are Elected Officials and Department Heads allowed to do business with the County after leaving office?
Answer: 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 Montgomery County.

Question 21: May Elected Officials be hired by the County after leaving office?
Answer: Yes; however, non-elected department heads shall not hire any person who has served as a Montgomery County elected official in the previous year.

Question 22: Who can request an advisory opinion?
Answer: Persons seeking guidance regarding the applicability of the Code to an existing factual or hypothetical situation may seek an advisory opinion from the Commission or its designee.

A request for an advisory opinion shall be submitted on the Request for Advisory Opinion form which may be obtained from and returned to the Montgomery County Human Resources Department. The form can be obtained on the Montgomery County Ethics Commission web page: Welcome to Montgomery County, Texas (mctx.org) under the tab Forms.

The Commission or its designee may decline to issue an advisory opinion.