Minutes - Regular Meeting - 7/29/1991 July 29, 1991
The Ethics Review Commission of the City of Round Rock, Texas
met Monday, July 29, 1991 at 7 :00 p.m. in the City Council Chamber,
221 E. Main Street .
ROLL CALL: Those members present were Chairman Gene Glaeser,
Commissioners Harold Creed, Ray Gill , Jr. , Eugene Landry, Dr. J.R.
Rogers and Larry Terrell . Absent was Commissioner David Cooke.
Also present. was Assistant City Manager/City Secretary Joanne Land.
ADMINISTER OATH OF OFFICE: Gene Glaeser, Ray Gill , Jr. , and
Harold Creed had been reappointed to a two year term by the City
Council . Eugene Landry had also been appointed to his first two
year term filling the vacancy of Shawn- Hood. All four
Commissioners reviewed and signed the Oath of Office.
ELECTION OF CHAIR: Chairman Glaeser opened the floor for
nominations .
MOTION: Commissioner Gill moved to elect Gene Glaeser as
Chairman by acclamation. The motion was seconded by Commissioner
Rogers.
VOTE: Ayes : Commissioner Creed
Commissioner Gill
Commissioner Landry
Commissioner Rogers
Commissioner Terrell
Chairman Glaeser
Noes: None
Absent : Commissioner Cooke
ACTION: The motion carried unanimously.
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July 29, 1991
ELECTION OF VICE-CHAIR: Chairman Glaeser opened the floor for
nominations .
MOTION: Commissioner Gill moved to elect Dr. J.R. Rogers as
Vice-Chairman by acclamation. Commissioner Creed seconded the
motion.
VOTE: Ayes : Commissioner Creed
Commissioner Gill
Commissioner Landry
Commissioner Rogers
Commissioner Terrell
Chairman Glaeser
Noes : None
Absent: Commissioner Cooke
ACTION: The motion carried unanimously.
APPROVAL OF MINUTES: Meetings of October 8, 1990 , December 4,
1990 and April 29, 1991.
MOTION: Vice-Chairman Rogers moved to accept the minutes as
written. The motion was seconded by Commissioner Creed.
VOTE: Ayes : Commissioner Creed
Commissioner Gill
Commissioner Landry
Vice-Chairman Rogers
Commissioner Terrell
Chairman Glaeser
Noes: None
Absent : Commissioner Cooke
ACTION: The motion carried unanimously.
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July 29, 1991
v
COMMISSIONER' S COMMENTS: Commissioner Terrell had prepared
financial information concerning the Commissions first year.
Methods of getting the information out to the media and public were
discussed. It was decided that Chairman Glaeser and Commissioner
Terrell would attend the August 8, 1991 City Council meeting to
give the Council a yearly report concerning the Commission. Copies
of the report will be made available to the media at that time.
ADJOURNMENT:
MOTION: Vice-Chairman Rogers moved to adjourn the meeting at
7 : 20 p.m. Commissioner Terrell seconded the motion.
VOTE: Ayes : Commissioner Creed
Commissioner Gill
Commissioner Landry
Vice-Chairman Rogers
Commissioner Terrell
Chairman Glaeser
Noes : None
Absent: Commissioner Cooke
ACTION: The motion carried unanimously.
Respectfully Submitted,
Joanne Land,
Assistant City Manager/
City Secretary
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' AUSTIN MATERIAL HANDLING 5128359765 P. 01
14 AUSTIN
AUSTIN MATERIAL HANDLING CO.
SAN ANTIONlO
10629 METRIC BLVD. RIO GRANDE VALLEY
m tqN.TEXAS 78758
I
512-837-6453 • FAX 512-835-9765 • 800-252-8143
April 7, 1995
To: Members of the Ethics Review Commission
From: Mayor Charlie Culpepper
Re: Advisory opinion
I am requesting an opinion regarding the relationship of my company, Austin
Material Handling Co.and Motorola, Inc. AMH sells to Motorola,Inc. Semi-
conductorPmducts Sector.The total annual sales amount to less than 5%of the
total sales of the Company. We will be asked to approve a contract with Motorola,
Inc . Land Mobile Pmducts Sector in the future for the purchase of an goo
megahertz radio system for the City. As you can see on the enclosed Motorola
Corporate Organization chart,there is no connection between Semiconductor
Products and Land Mobile Products below the corporate level. My question to you
is can I vote on the expenditure of City funds to purchase the radio system,or
should I abstain.please call me If you need further clarification on the matter. Thank
you for your help.
1
SHELVING •STORAGE RACKS•DOCK EQUIPMENT
SHOP EQUIPMENT•TRUCKS•LOCKERS•OFFICE EQUIPMENT
1
3
O
If I � s
THE ETHICS. REVIEW COMMISSION
OF THE
CITY OF ROUND ROCK, TEXAS
IN RE ADVISORY OPINION 'REQUEST, filed by Charles Culpepper,
Mayor, with respect to his participation in discussions, actions
and votes of the City Council of the City of Round Rock (the "City
Council") on bids, contracts and related matters in which Motorola,
Inc. may have an interest or be a party.
The pertinent facts to this opinion are as follows : (i)
Charles Culpepper owns a "substantial interest" in Austin Material
Handling Co. ("AMH" ) ; (ii) AMH does business with the Semiconductor
Products Sector of Motorola, Inc. ("Motorola") ; (iii) Motorola is
a source of more than $2, 500 of AMH' s annual sales but less than 50
of AMH' s total annual sales revenues; (iv) Charles Culpepper does
not have a "substantial interest" in Motorola; (v) - Motorola bid on
a proposed communication system for the City of Round Rock (the
"City") ; (vi) the City Council rejected all such bids; (vii) the
purchase of the communication system and a possible contract with
Motorola will likely again be before the City Council; and (viii)
the City Charter requires the Mayor and each Councilmember to vote
on all issues coming before the City Council unless disqualified
from voting. Other, and more detailed information is available in
the records of the Ethics Review Commission (the "Commission") .
Based upon the foregoing facts and the terms and provisions of
Ordinance No. 2469 (the "Ethics Ordinance") of the City, the
Commission by unanimous vote, on the 17th day of April 1995,
approved the following opinion.
At such time, if any, that consideration of a bid and/or
proposal by Motorola comes before the City Council, Mayor
Charles Culpepper shall comply with Subsection E (6) of
the Ethics Ordinance and publicly give written or verbal
notice that he has a substantial interest in AMH which
does more than $2, 500 of business annually with Motorola.
Upon such notice being given with respect to any such
agenda item, Mayor Culpepper shall have complied in full
with the Ethics Ordinance and may thereafter participate
fully in the consideration and vote on such matter.
APPROVED AND EFFECTIVE as of the 17th day of April 1995 .
Ethics Review Commission
Attest:
gvA-, Gene Glaeser, Chairman
Jonne Land, City Secretary