Minutes - Regular Meeting - 4/17/1995 April 17, 1995
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The Ethics Review Commission of the City of Round Rock, Texas met on
Monday, April 17, 1995 at 7:00 p.m. in the City Council Chamber, 221 East Main Street.
ROLL CALL: Those members present were Commissioners Gene Glaeser, Tom
Gill, Eugene Landry, Ronald Luebben, Dr. J. R. Rogers, Donald Sanders, and Larry
Terrell. Also present were Assistant City Manager/City Secretary Joanne Land and
Special Counsel for the Ethics Review Commission Barney Knight.
ADMINISTER OATH OF OFFICE: Each Commission member read and signed
the appropriate Affirmation and Oath of Office documents.
ELECTION OF CHAIR: Commissioner Glaeser opened the floor for
nominations. Gene Glaeser was nominated.
MOTION: Commissioner Rogers moved that nomination cease and to appoint
Gene Glaeser by acclamation. Commissioner Luebben seconded the motion.
VOTE: Ayes: Commissioner Gill
Commissioner Landry
Commissioner Luebben
Commissioner Rogers
Commissioner Sanders
Commissioner Terrell
Commissioner Glaeser
Noes: None
Absent: None
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ACTION: The motion carried unanimously.
ELECTION OF VICE-CHAIR: Chairman Glaeser opened the floor for
nominations. Ronald Luebben was nominated.
MOTION: Commissioner Gill moved that nomination cease and to appoint
Ronald Luebben by acclamation. Commissioner Rogers seconded the motion.
VOTE: Ayes: Commissioner Gill
Commissioner Landry
Commissioner Luebben
Commissioner Rogers
Commissioner Sanders
Commissioner Terrell
Commissioner Glaeser
Noes: None
Absent: None
ACTION: The motion carried unanimously
Chairman Glaeser noted that the term of office for the Chairman and Vice-
Chairman is for one year.
APPROVAL OF MINUTES: Tuly 29, 1991
MOTION: Commissioner Gill moved to approve the minutes as submitted.
Commissioner Landry seconded the motion.
VOTE: Ayes: Commissioner-Gill
Commissioner Landry
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Commissioner Luebben
Commissioner Rogers
Commissioner Sanders
Commissioner Terrell
Commissioner Glaeser
Noes: None
Absent: None
ACTION: The motion carried unanimously.
CONSIDER OPINION REQUEST MADE BY MAYOR CHARLES CULPEPPER:
Chairman Glaeser read the following excerpt from Ordinance No. 2469, Section
9.E.8., "Any person who appears before the City Council or Commission who has had
business dealings in the immediately proceeding twelve (12) month period involving
one or more transactions of five hundred dollars ($500.00) or more each, for a total of
twenty-five hundred dollars ($2,500.00) or more, with a councilmember, commissioner,
or business entity in which a councilmember or commissioner has a substantial interest,
shall disclose such business dealings at the time of the appearance. Any person who
shall intentionally or knowingly fail to make the aforesaid disclosure shall be guilty of
a misdemeanor and shall be fined in accordance with Chapter 1, Section 5.B of the City
Code."
Barney Knight outlined portions of Ordinance No. 2469. Those sections were:
B.1, Appears Before; B.16, Substantial Interest; and Section E.6. He offered a legal
opinion on the facts that were presented to the Commission. Knight said that the issue
the Commission needed to address was what direction Mayor Culpepper should take
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regarding items pertaining to Motorola that require City Council action. He explained
that Mayor Culpepper has a duty to announce that his Company does $2,500 or more
business with Motorola each year.
Commissioner Glaeser read the following letter:
"April 7, 1997
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. (AMH) and Motorola, Inc. AMH sells to Motorola, Inc. Semi-
conductor Products 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 Products Sector in the future for the purchase of an 800 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."
Mayor Culpepper addressed the Commission and said, "The reason I asked for
an opinion was because the City Charter mandates that the Council has to vote on all
items unless there was a reason that they could not vote."
Commissioner Glaeser noted that after hearing all the facts, the response from
the Ethics Review Commission was that the Mayor has the right to vote on items.
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concerning Motorola after the appropriate disclosure was done. Each Commissioner
concurred with Chairman Glaesex's statement.
Knight added that it was clear and obvious that under State law the City Charter
superseded an ordinance of the City. So, if Mayor Culpepper has the authority to vote
under this ordinance then he is obligated to vote under the City Charter.
MOTION: Commissioner Glaeser moved that the opinion of the Ethics Review
Commission to Mayor Culpepper is that 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. Commissioner Rogers seconded the motion.
VOTE: Ayes: Commissioner Gill
Commissioner Landry
Commissioner Luebben
Commissioner Rogers
Commissioner Sanders
Commissioner Terrell
Commissioner Glaeser
Noes: None
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Absent: None
ACTION: The motion carried unanimously
Chairman Glaeser noted that the Commission received information that staff
received from a concerned citizen. Chairman Glaeser asked if the citizen was
appropriately instructed on the procedure that needed to be followed to submit a
complaint to the Ethics Review Commission. Joanne Land said that a copy of the Ethics
Ordinance with amendments and procedure for filing a complaint was provided to the
individual. She added that, at this time, a complaint form has not been filed.
Chairman Glaeser said that the information that was submitted by the citizen did not
include the proper notarized form so the Commission was not allowed to address the
concern.
Chairman Glaeser noted that the Commission had no further business to
address.
ADTOURNMENT:
MOTION: Commissioner Landry moved to adjourn the meeting. Commissioner
Rogers seconded the motion.
VOTE: Ayes: Commissioner Gill
Commissioner Landry
Commissioner Luebben
Commissioner Rogers
Commissioner Sanders
Commissioner Terrell
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Commissioner Glaeser
Noes: None
Absent: None
ACTION: The motion carried unanimously
The meeting adjourned at 7:25 p.m.
Respectfully submitted,
Joanne Land, Assistant City Manager/
City Secretary
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