Loading...
HomeMy WebLinkAbout2012/07/31-Minutes-Ethics Review CommisionCITY OF FORT WORTH, TEXAS ETHICS REVIEW COMMITTEE MEETING JULY 31, 2012 Present: Carter Burdette Dr. Evan Lenow Chris Garcia Francisco Hernandez Absent: Rev. Ralph Emerson (Arrived at 2:20 pm) Staff Present: Sarah Fullenwider, City Attorney Peter Vaky, Deputy City Attorney Mary J. Kayser, City Secretary I. CALL TO ORDER With a quorum of the Ethics Review Committee Members present, Dr. Evan Lenow called the meeting to order at 2:17 p.m., on Tuesday, July 31, 2012, in Pre - Council Chamber, Second Floor of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. II. ELECTION OF PERMANENT CHAIRPERSON AND VICE - CHAIRPERSON Motion was made by Francisco Hernandez and second by Carter Burdette to nominate Evan Lenow as the Chairperson. Motion passed 4 -0. Ralph Emerson absent. Motion was made by Carter Burdette and second by Evan Lenow to nominate Francisco Hernandez as Vice - Chairperson. Motion passed 4 -0. Ralph Emerson absent. III. APPROVAL OF MINUTES OF THE JUNE 21, 2012, MEETING Motion was made by Carter Burdette and second by Francisco Hernandez to approve the minutes of the June 21, 2012 meeting. Motion passed 4 -0. Ralph Emerson absent. IV. DISCUSSION AND REVIEW OF POTENTIAL AMENDMENTS TO THE CITY'S ETHICS CODE Rev. Ralph Emerson arrived at 2:20 p.m. The committee began a review of the changes proposed to the Ethics Code. Section 2 -236 Declaration of Policy Amended to specify that the policy declaration reflects only the intent behind the Code and is not a part of the Code itself. CITY OF FORT WORTH, TEXAS ETHICS REVIEW COMMITTEE MEETING JULY 31, 2012 Page 2 of 4 Section 2 -237 Definitions Term "direct or indirect financial interest" is deleted. It was added to clarify the meaning of a charter provision, Ch. XXVII, § 16 but city ordinances cannot amend the City Charter. Term "elected city official" is deleted because it is redundant Definition of "substantial interest" is changed to mirror current State law (§ 171.002, Texas Local Government Code). Term "task force" has been added and defined. Advisory, short term, not empowered to take any final action. Term "written opinion of the city attorney" has been added. There was a consensus of the committee that a statement on the record (tape of a city council meeting) would also be considered a written opinion. Section 2 -238 Standards of Conduct Revised to prohibit the City officer, employee or advisory board member from knowingly allowing improper behavior by spouse or domestic partner. Revised to allow a member of a task force to participate in and vote on any matter before the task force. Section 2 -239 Disclosure of Interest Specify that a conflict exists when an affected person has a substantial interest in a business or in real property that is directly and particularly involved in the decision. More in line with the State's substantial interest rule (Chapter 171, Texas local Government Code) New Section 2 -239.1 Effect of Written City Attorney Opinion The committee discussed how City Attorney opinions are rendered and how sometimes, such as during in a meeting, it is not stated for the record. Committee consensus was that the burden to request the written opinion was on the council member. The time period will be 15 business day to request the opinion. 2 CITY OF FORT WORTH, TEXAS ETHICS REVIEW COMMITTEE MEETING JULY 31, 2012 Page 3 of 4 Section 2 -247 Complaints Recommended change: Complaints may be filed by: Any resident Any non - resident who owns taxable property in the city. Complaints must meet certain criteria to be valid and accepted by the City Secretary. Modify to give the City Secretary the authority to not accept a complaint that does not include the basic information required. At this time the committee began a discussion of the role of the City Attorney. The committee was concerned with the City Attorney being able to advise the commission that the action being alleged was undertaken with the advice of the City Attorney. There was a consensus to remove that piece. The entire role of the City Attorney will be reviewed and brought back for further consideration. Reviewed the outline of the order of business to be taken up by the commission after a complaint is received. Including the process if the complainant does not appear; if the person complained against does not appear; the statute of limitations. Reviewed new Section 2 -251 (g) that provides that a complaint that asserts conduct which the Commission has already determined is not a violation of the Ethics Code and has not be reversed on appeal will be dismissed. Discussed the process for hearing complaints and appeals. The consensus of the committee was that the commission should make the initial determination and the appeal should go to a hearing officer. The committee want the process to be consistent. The City Attorney will find out the City Council direction regarding which, if any, appeals they want to hear. The committee was requested to look at the sanctions and bring feedback to the next meeting. V. DISCUSSION AND DIRECTION REGARDING E -MAIL COMMUNICATION ACCESS BY PUBLIC It was the consensus of the committee that all communication with the committee should be done through the City Secretary web email address and then it would be distributed to all members and scheduled for a future meeting if necessary. CITY OF FORT WORTH, TEXAS ETHICS REVIEW COMMITTEE MEETING JULY 31, 2012 Page 4 of 4 VI. CITIZEN COMMENTS Mr. Jim Ashford, 6209 River View Circle, provided hand outs of the 2010 Texas Conflict of Interest Laws Made Easy and several Attorney General Opinions. He raised the following issues: Financial amounts included in the draft ordinance Advisory Boards Task Forces Definition of involved Number of lawyers on the Ethics Review Commission Number of members necessary to act Purpose of Commission VII. FUTURE AGENDA ITEMS There were no future agenda items brought forward. VIII. DATE OF NEXT MEETING The date of the next meeting will be determined later. IX. ADJOURNMENT There being no further business the meeting was adjourned at 4:17 p.m. These minutes were approved on the 07 -7 day of ' 2012. ATTEST: ary J. Kay (5 ity Se(iretary 4