Minutes - Regular Meeting - 9/1/2009CITY OF ROUND ROCK
ETHICS REVIEW COMMISSION
REGULAR MEETING: SEPTEMBER 1, 2009
The Round Rock Ethics Review Commission met at 6:34 p.m. on September 1, 2009 in the City
Council Chamber, 221 E. Main Street, Round Rock, Texas.
Chairman David Adkins, called the meeting to order.
ROLL CALL: Those Commissioners present were Chairman David Adkins, Vice-Chairman Dennis
Graffious, Commissioner Charles Culpepper, Commissioner Efrain Davila, Commissioner Jon C. Devries
and Commissioner William Peckham. Also present was Special Counsel Barney L. Knight. Those
members absent from this meeting include Commissioner Rick Stewart.
APPROVAL OF MINUTES: July 13, 2009
MOTION: Commissioner Peckham moved to approved the minutes. Commissioner Culpepper
seconded the motion.
VOTE: Ayes: Chairman Adkins
Commissioner Culpepper
Commissioner Davila
Commissioner Devries
Commissioner Peckham
Vice-Chairman Graffious
Nays: None
Absent: Commissioner Stewart
ACTION: The motion carried unanimously.
4. Consider the Amended Advisory Opinion request by John Moman. Councilmember
Moman requests an advisory opinion regarding contracts for him and his firm to provide professional
services within the City.
Mr. Mike Grimes, Attorney for Councilmember Moman explained his understanding of Secti on
1.900 of the Round Rock Code of Ordinances as it relates to the professional architectural services of
Councilmember Moman and his firm. He focused on the word “incompatible” as it is broadly construed
CITY OF ROUND ROCK
ETHICS REVIEW COMMISSION
REGULAR MEETING: SEPTEMBER 1, 2009
Page 2 of 4
and interpreted. Mr. Grimes outlined the current requirements of the ordinance regarding financial
disclosure and abstaining from voting on a particular issue that would be in direct violation of the
ordinance. However, he did not feel the ordinance intended to keep a member from practicing a
profession. Mr. Grimes requested on behalf of Councilmember Moman an interpretation of the
ordinance to ensure he does not violate the ordinance. Specifically requesting an opinion to
determine if he is able to provide professional architectural services to a third party doing business
with the City of Round Rock.
Commissioner Devries understood the discussion to cover examples or circumstances in which
there is a direct conflict of the ordinance so that the commissioners would address specific concerns.
There was dialgoue amoung various commissioners regarding their interpretation of the
ordinance and it was mentioned that a complaint was not filed therefore, there was uncertainty of
what kind of opinion is being requested by the commissioners.
Commisioner Peckham stated that as a body they (commissione rs) can provide a ruling as
outlined in Section 1.900 (8).
Special Counsel Barney Knight agreed Councilmember Moman is entitled to an advisory opinion
in order to make appropriate decisions. Commissioner Devries was also agreeable to providing such
opinion based on the limited request. The board agreed to provide an advisory opinion as to whether
or not Councilmember Moman is able to provide professional architectural services to entities that are
subject to city permitting and the regulatory review of the City of Roun d Rock. Mr. Knight stated it
reasonable to apply the ordinance to permit Mr. Moman to design, prepare plans and specifications
for, and provide related architectural services for, structures that would be reviewed, regulated and
CITY OF ROUND ROCK
ETHICS REVIEW COMMISSION
REGULAR MEETING: SEPTEMBER 1, 2009
Page 3 of 4
permitted by the City, provided care was exercised to comply with the other provisions of the
ordinance. All commissioners agreed that Mr. Knight’s statement was acceptable.
Chairman Adkins explained that he understands the language in the ordinance is permissive in
relation to a profession but specific behaviors could be a “chargeable item” under the code.
MOTION: Commissioner Devries moved to accept the advisory opinion stated by Special
Counsel Barney Knight. Commission Culpepper seconded the motion.
VOTE: Ayes: Chairman Adkins
Commissioner Culpepper
Commissioner Davila
Commissioner Peckham
Vice-Chairman Graffious
Commissioner Devries
Nays: None
Absent: Commissioner Stewart
ACTION: The motion carried unanimously.
5. Review and consideration of policy regading Commission members contacting the
general council regarding agenda items.
Special Counsel Barney Knight began the discussion by explaining what constitutes as
inappropriate actions specifically outlining early discussion regarding an agenda it em prior to the
formal meeting.
There was dialogue amoung the commissioners describing various situations that could occur.
Mr. Knight suggested that it would be best to communicate in an email so that there is a record of the
commissioners following the appropriate procedure. However, he noted not to send an email to all
commissioners in order to avoid having a potential board meeting.
CITY OF ROUND ROCK
ETHICS REVIEW COMMISSION
REGULAR MEETING: SEPTEMBER 1, 2009
Page 4 of 4
The Commissioners agreed on the following operating procedures:
- If a commissioner would like to file an official complaint it needs to go the Chairman and the
Chairman will inform legal counsel.
- If a commissioner would like to discuss general information it is suggested to email legal
counsel and cc: the Chairman.
- If a commissioner would like to add an item to the agenda it is required to email the chairman
and cc: the city secretary.
ADJOURNMENT
MOTION: Commissioner Peckham moved to adjourn the meeting. Vice-Chair Graffious
seconded the motion.
There being no further business, the meeting adjourned at 7:22 p.m.
Respectfully submitted,
Sara White, City Secretary
RECEIVED►
Knight & Partners JAN 2 2010
Attorneys at Law � V Attorneys
Barney L.Knight
'fel: (1121 32 ?77R
Far: (?12323-577932:-577.; Executive Office Terrace Paige H.saenz
w—.6tyattorneytesas.com 223 West Anderson Lane,Suite A-105 Kenneth W.Mills
attomeys(n.eityattomeytesas.com Austin.Texas 78752 Jeffrey T.Ulmann
James D.Parker
January 21, 2010
Michael E. Grimes
Michael E. Grimes, P.C.
Attorneys at Law
109 South Harris Street, Suite 100
Round Rock, Texas 78664
Re: John S. Moman's August 10, 2009, letter request for the Round Rock Ethics
Review Commission to issue an Advisory Opinion
Dear Mr. Grimes:
This letter follows-up on the above referenced request and the opinion announced by the
Round Rock Ethics Commission on September 1, 2009. You and Mr.Moman were present when
the Commission issued the advisory opinion. The opinion was final when issued.
The minutes for the meeting were delayed for several reasons. The material delay resulted
from problems with the audio recording of the meeting. Despite those problems, the minutes have
now been prepared and are in effect subject to approval or modification by the Commission at its
next meeting. A copy of the minutes is enclosed for your records and review.
As approved by the Commission, the advisory opinion is limited in scope, i.e. that Mr.
Moman is entitled to provide professional services for structures that will be reviewed,..regulated
and permitted by the City, provided care is exercised to comply with other provision of the Ethics
Ordinance. In that respect, for whatever benefit it may be, if any, I wanted to take the
opportunity to provide a cautionary note. It is important that neither Mr. Moman nor any of his
employees have any contact with officers or employees of the City regarding any such plans,
review or permitting for the structure. Mr. Moman may also want to caution his clients that
require a City permit, not to use Mr. Moman's name during the review and permitting process..
Very truly yours,
Barney L. Knight
cc: Sara White