Minutes - Regular Meeting - 2/26/2001 Ethics Review Commission Meeting NO
February 26, 2001 l
The Ethics Review Commission of the City of Round Rock, Texas met on
Monday, February 26, 2001 at 7:00 p.m. in the City Council Chamber, 221
East Main Street.
Roll Call: Those members present were Commissioners Sue Raye,
Chairman, Marvin Denman, Vice-Chairman, Carol Chafin, Dennis Graffious,
Phil Scott and Berry Sullivan. Commissioner Ray Shannon was absent. Also
present were Assistant City Manager/City Secretary Joanne Land and Special
Counsel for the Ethics Review Commission Barney Knight.
Citizens Communications: None
4. Consider discussion of whether or not to hold a preliminary hearing
to determine whether or not reasonable grounds exist for the Commission to
hold a final hearing on the complaint filed by Susan Moss against Carrie Pitt.
Barney Knight, Special Counsel outlined the process that the
Commission can take in addressing this item. He noted that the preliminary
hearing can be dispensed with and the Commission can hold a final hearing at
this meeting. Or they can have the preliminary hearing at this meeting and
schedule another meeting to hold the final hearing. Or they can schedule
another meeting to hold both the preliminary and final hearing. Mr. Knight
pointed out that based on the documents and records the Commission has
before them and because the ordinance allows it they can ask questions or do
whatever is necessary to make a decision on the complaint at this meeting. He .
pointed out that Councilmember Pitt provided a letter to the Commission
Ethics Review Commission Meeting
February 26,2001
admitting her violation and she also contacted the media relaying her actions.
Councilmember Pitt has asked that the Commission dispense with the
preliminary hearing. Mr. Knight noted that the proper Open Meetings Act
provisions were complied with when the agenda for this meeting was posted
and the wording of the agenda also complies with the provisions of the Open
Meetings Act.
The Commission discussed the process they would take to address the
complaint.
MOTION: Commissioner Graffious moved that a preliminary hearing be
held at this meeting so a determination can be made if a final hearing is
needed. Commissioner Sullivan seconded the motion, which was unanimously
approved by all the Commission members present.
Commissioner Graffious noted that the Commission has enough
information to currently hold a final hearing on this matter. He continued that
the Commission received documents from the complainant that alleges that a
violation occurred. The Commission also has a letter from the individual who is
being complained on that acknowledges her guilt. Commissioner Graffious
asked "How big a roll does the Councilmember have in the project? What are
the circumstances of the vote? What is the relationship Councilmember Pitt
had in that role prior to making the vote?" Commissioner Graffious also asked
if the Councilmember was provided the rules concerning conflicts of interest
and was she made aware of the circumstances if she voted. He noted that the
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Ethics Review Commission Meeting
February 26,2001
answers could affect how the Commission determines a response to the
complaint.
Mr. Knight responded that the Councilmember together with her
husband own about 10 to 12 lots in the subdivision. She previously requested
the City Attorney's opinion on whether to vote on a different issue regarding the
Public Improvement District (PID). She was advised that she could vote on that
issue but despite owning the lots in the PID she didn't think to ask for advise
concerning the issue on the January 25 agenda and voted. Shortly after that
vote the City Attorney advised her that the opinion that was extended
concerning the first issue did not cover the issue that she voted on at the
January 25 meeting. That is when the Councilmember first realized that she
should not have voted. She wrote a letter to the Commission and contacted the
various news media explaining her action. She also informed the Council and
publicly professed her error at the following Council meeting and stated that
she would abstain from voting on issues concerning that development.
Commissioner Raye asked Susan Moss, the complainant, why on the
complaint form that she filed did she only mention the January 25th meeting
and not take into consideration Councilmember Pitt's activity of February 8th
when she abstained. Ms. Moss responded that she was based her opinion on
the initial vote. Ms. Moss gave further details as to why she felt she needed to
file the complaint against Councilmember Pitt. In conclusion, Ms. Moss added,
"We need you as a committee to monitor what happens with our Council
members."
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Ethics Review Commission Meeting
February 26,2001
Commissioner Sullivan refered to the sentence in Ms. Moss's complaint
letter which stated'..."Currently, the Ethics Commission appears to be failing to
take action on an issue that has already reached the public view."...and
responded that the Commission does not convene unless a complaint is filed
according to the ordinance.
Mr. Knight noted that the Ethics Commission is like the Supreme Court
of Texas, having statewide jurisdiction, but "the judges don't get off the bench
to investigate things. They may hear things that are coming up but they wait
until something is presented to them." He added that the Ethics Commission is
not a Board that has the authority to review the newspaper, television or city
business looking for violations. The Commission only has the authority that is
provided for in the Ethics Ordinance.
In response to a question from a Commission member, Ms. Land
explained the orientation process and the documents that are provided to a
newly elected official. She added that the-official is informed that they can
contact the City Attorney at anytime on any matter. Ms. Land added that the
City Charter requires all members of the Council to vote on everything unless
they have a conflict of interest and the reason needs to be stated.
MOTION: Commissioner Sullivan moved to dispense with a final hearing
for the complaint and that no further hearings are required. Also, to notify
Councilmember Pitt that the complaint against her has been reviewed and
found to be justified. Commissioner Chafin seconded the motion.
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Commissioner Sullivanasked fora oll call vote of the Commission. (j
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Ethics Review Commission Meeting
February 26,2001
VOTE: Ayes: Commissioner Chafin
Commissioner Scott
Commissioner Sullivan
Commissioner Raye
Noes: Commissioner Denman
Commissioner Graffious
ACTION: The motion carried with 4 ayes and 2 noes.
Commissioner Raye noted that Ms. Moss stated that she did not receive
written notice regarding the preliminary hearing date but that she did receive a
phone call from staff about the meeting. The Commission asked that future
acknowledgment letters concerning receipt of Ethics complaints be sent by
regular mail and certified/registered mail to the complainant.
The Commission discussed and reviewed each sanction to determine the
appropriate one for Councilmember Pitt.
MOTION: Commissioner Denman moved that Sanction 9.b.(i) of the
Ethics Ordinance be the appropriate sanction for Councilmember Pitt.
Commissioner Scott seconded the motion, which was unanimously approved
by all the Commission members present.
Mr. Knight noted that he will draft the letter to Councilmember Pitt and
it will be mailed after the Chairman's approval.
5. Consider review and discussion on all aspects of the Ethics
Ordinance to make sure it is in concert with State law.
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Ethics Review Commission Meeting
February 26,2001
The Commission briefly discussed portions of the Ethics Ordinance. Mr.
Knight also briefed the Commission on certain state statutes.
In response to Commissioner Denman's question, Ms. Land said that the
Ethics Ordinance is not part of the City Charter.
It was the consensus of the Commission to have a work session to
discuss the Ethics Ordinance in detail.
6. Consider discussion of whether the Ethics Commission should have
a role in evaluating required financial statements filed by City Officials.
The Commission briefly discussed the financial disclosure statements
that officials are required to file. Some areas of concerns that were brought up
were the definition of substantial interest, the definition of economic benefit
and that the Ethics Ordinance may have some "gray areas" that need to be
addressed.
Commissioner Denman asked if it was possible for officials who need to
file a financial disclosure get a list from staff of all the individuals who have
appeared before the Council and requested action during the reporting period
to help them file their disclosure statement. Mr. Knight responded that the
Commission would need to vote on that recommendation.
7. Consider review of the State nepotism statute and the nepotism
provision in the City Charter.
Mr. Knight relayed certain aspects of the State nepotism statute and
noted that the Commission needs to discuss the state statute applicable to
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Ethics Review Commission Meeting
February 26,2001
local governments. It was the consensus of the Commission to further discuss
this item in a work session.
The Commission set a work session for March 19th at 5:30 p.m. in the
Administration conference room on 3rd Floor of City Hall. The meeting will be
open to the public. The Commission will discuss items No. 5, 6, and 7 of this
agenda and recommendations for amendments will be made, if necessary.
Commissioners Comments:
Mr. Knight informed the Commission that it is not appropriate for them
to discuss items under Commissioners Comments that are not on the agenda
because proper notification of the subject matter was not given. The discussion
would cause the Commission to be in violation of the Open Meetings Act. He
said that if a Commissioner wants something discussed.at a meeting then it
needs to be put on an agenda.
Commissioner Raye noted that it is the consensus of the Commission
that they meet once a year.
Adiournment:
There being no further business, the meeting adjourned at 8:36 p.m.
Respectfully submitted,
Christine Martinez
Assistant City Secretary
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