Lakeway Board of Ethics today clarified a new ordinance passed July 17 by Lakeway City Council amending its city code to prohibit misrepresentations of identity by city officials.

“[The ethics] board cannot apply retroactively any new ordinance to behavior that occurred before the ordinance,” Chairman Laurie Higginbotham said, referring to a formal opinion requested from the board by City Council Member Keith Trecker.

She said the group had received complaints requesting action pursuant to allegations of conduct that took place prior to the City Council approving the city’s new misrepresentation ordinance.

“We will not apply that ordinance in an ex post facto manner,” Higginbotham said. “People need notice of what is illegal, prohibited behavior before they act. You have to have due process of the law.”

Additionally, City Attorney Alan Bojorquez responded to another request as to whether the new ordinance applies to a city employee commenting anonymously on an online forum such as GlassDoor.com.

He said the new ordinance is limited in its application to issues of public concern, matters pending before the city, city matters and city elections, and probably would not apply to a salary survey.