Minutes - Regular Meeting - 3/19/2001 Ethics Review Commission Meeting `
March 19, 2001
The Ethics Review Commission of the City of Round Rock, Texas met on Monday, March 19,
2001 at 5:30 p.m. in the Administration Conference Room in City Hall, 3rd Floor, 221 East Main
Street,Round Rock, Texas.
Vice-Chairman Denman chaired the meeting until Chairman Raye's arrived.
Roll Call: Those members present were Commissioners Sue Raye, Chairman who arrived
during Item No. 6,Marvin Denman, Vice-Chairman,Dennis Graffious, Carol Chafin, and Berry
Sullivan. Commissioners' Phil Scott and Ray Shannon were absent. Also present were Assistant City
Manager/City Secretary Joanne Land and Special Counsel for the Ethics Review Commission Barney
Knight.
Citizens Communications: None
Approval of Minutes: February 13, 2001 and February 26, 2001
MOTION: Commissioner Graffious moved to approve the minutes of February 13, 2001 as
submitted. Commissioner Sullivan seconded the motion.
VOTE: Ayes: Commissioner Chafin
Commissioner Graffious
Commissioner Sullivan
Commissioner Denman
Noes: None
Absent: Commissioner Raye
Commissioner Scott
Commissioner Shannon
ACTION: The motion carried unanimously.
Commissioner Denman amended the minutes of February 26th as follows:
Ethics Review Commission Meeting
March 19,2001
That the following sentence be added under Item No. 4 after the second motion and prior to the
vote. "Commissioner Denman noted that since this meeting was not explicitly posted as a preliminary
or final hearing, that it may be appropriate to delay final hearing until the public could have more
notice of impending action."
MOTION: Commissioner Denman moved to approve the minutes February 26, 2001 as
amended. Commissioner Graffious seconded the motion.
VOTE: Ayes: Commissioner Chafin
Commissioner Graffious
Commissioner Sullivan
Commissioner Denman
Noes: None
Absent: Commissioner Raye
Commissioner Scott
Commissioner Shannon
ACTION: The motion carried unanimously.
Vice-Chairman Denman dispensed with the order of the agenda with the unanimous consent of
all the Commission members present and addressed the following item.
6. Consider discussion on all aspects of the Round Rock Ethics Ordinance and
recommendations for amendment.
Barney Knight provided a draft ordinance amendment for the Commission's consideration. The
amendment was drafted using input from previous discussions of the Commission. He outlined the
amendments to the ordinance explaining specific paragraphs. Proposed amendments are:
• Amending the definitions of"family member" and"substantial interest".
• Adding a definition for"officer", which covers appointed Boards and Commissions.
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Ethics Review Commission Meeting
March 19,2001
• Adding a subsection to address service as surety.
• Adding a subsection to address nepotism.
In response to questions from the Commission, Mr. Knight said that the Commission only has
authority over what is in the Ethics Ordinance. Also, City Charter amendments need to be approved by
the citizens at an election.
The Commission expressed their concern that many new residents may not know that the City
has an Ethics Ordinance and suggested ways to communicate that fact.
In conclusion, the Commission pointed out minor changes to the ordinance amendment which
Mr. Knight will correct.
MOTION: Commissioner Raye moved to approve the draft ordinance amendment as
amended. Commissioner Sullivan seconded the motion.
VOTE: Ayes: Commissioner Chafin
Commissioner Graffious
Commissioner Sullivan
Commissioner Denman
Commissioner Raye
Noes: None
Absent: Commissioner Scott
Commissioner Shannon
ACTION: The motion carried unanimously.
5. Consider review and approval on the letter of notification to Carrie Pitt.
The Commission reviewed the draft of the notification letter to Ms. Pitt,which was amended by
adding"Public Improvement District which included a" as noted in the following letter.
Carrie Pitt, Councilmember
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March 19,2001
Re: Ethics Review Commission action on a complaint by Susan Moss alleging that Carrie Pitt
violated Ordinance No. 2469, as amended (the "Ethics Ordinance"), specifically alleging a
violation of Section 1.903(2)(e) of the Code of Ordinances.
The Ethics Review Commission (the "Commission") considered the above referenced complaint at its
meeting on February 26, 2001. Based on information provided by Susan Moss and the public
admissions, statements and information provided by you, the Commission found that you violated
Section 1.903(2)(e) of the Code of Ordinances. The Commission then determined the proper sanction
to be a formal letter of notification advising you that you violated the following provision of the Ethics
Ordinance:
(e) No city official or employee shall vote on or participate in any decision making process
if the official or employee has a direct financial interest in the outcome of the matter
under consideration. No city official or employee shall vote on or participate in any
decision making process on any matter concerning real property or a business entity if
the official or employee has a substantial interest in the business entity or real property.
Given the clear and admitted violation, as authorized by the Ethics Ordinance the Commission
proceeded directly to making a determination of the appropriate sanction. The specific violation
alleged and admitted by you, i.e. your voting on the approval of a blie Irn :ovement Disnct whic'
=nclud de subdivision in which you owned or had the equitable ownership of multiple lots in
connection with your business,was serious. However, the Commission gave strong consideration to
the prompt actions taken by you after you were advised of the impropriety of your voting on the matter,
e.g. the public statements you made verbally and in writing acknowledging the error, your notification
of the news media of your improper vote on the matter, the public statements made at the following
meeting of the city council, and your admissions to the Commission.
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Ethics Review Commission Meeting
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The Commission recommends that you carefully review the Ethics Ordinance and give prior
consideration to the Ethics Ordinance with respect to each agenda item, or other matter coming before
you as a member of the City Council.
Respectfully,
Sue Raye, Chairman
MOTION: Commissioner Denman moved to approve the notification letter to Carrie Pitt as
amended. Commissioner Chafin seconded the motion.
VOTE: Ayes: Commissioner Chafin
Commissioner Graffious
Commissioner Sullivan
Commissioner Denman
Commissioner Raye
Noes: None
Absent: Commissioner Scott
Commissioner Shannon
ACTION: The motion carried unanimously.
7. Consider discussion of the State nepotism statute, Chapter 171 and any other nepotism laws
including but not limited to the City Charter. The Commission briefly discussed the state statutes that
were provided regarding nepotism. There was a consensus that the new section regarding nepotism in
the proposed Ethics Ordinance amendment was sufficient.
8. Consider discussion on whether the Ethics Commission should have a role in evaluating the
required Financial Disclosure Statements filed by City Officials. After a brief discussion it was
determined that for the Commission to review the financial disclosures of City officials was not in the
purview of their responsibilities.
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March 19,2001
9. Commissioners Comments: None
10. Adjournment:
There being no further business, the meeting adjourned at 8:07 p.m.
Respectfully submitted,
Christine Martinez
Assistant City Secretary
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