HomeMy WebLinkAboutMinutes Ethics Commission - 11/14/2013 MINUTES
Ethics CommissionCity of Corpus Christi, Texas 5:30 p.m., November 14. 2013
Executive Conference Room ® 5th FloorCity all - 1201 Leopard
Corpus Christi, Texas
Dr. Flaysarn Dawod, Chairperson, called the meeting to order at 5:30 p.m. Roll was
called, a quorum was present. All Commissioners attended.
PR,ESENT: ABSENT:
Haysam Daw d, Chairperson
Alicia Benavidez
Arthie Brown
Ken Bung
Karon K. Connelly, Vice Chair
Harry Hallows
Bill Strawn
Larry White
Rod Wpffhoff
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First Assistant City Attorney Alison J. Logan was present, as was Laurie Ledesma-Garcia from the
City Attorney's Office.
READING OF MINUTES
The September 19, 2013, minutes were read and approved. No changes were made.
DISCUSSION ON REVIEWING PROPOSED VERBIAGE FROM LEGAL DEFINrriON
OF "CITY SERVICES" FROM SECTION 2-311 OF THE ETHICS ORDINANCE.
The Committee discussed the language in Section 2-311.7(D), which relates to conflicts of
interest, that allows for a council person, board member, or employee who has a personal interest
in a city service that requires action by the city,to apply for the service so long as the applicant first
gives written notice that he/she is acting in a strictly private capacity and delivers it to the city
secretary and city manager. Commissioner Bill Strawn pointed out the prox ision is not
prohibitory but merely requires disclosure, Chairperson Da wood noted the ordinance `Mould
be a prohibition unless disclosure is made. Commissioner Harry Hallows added there has to be a
balance so all citizens, including council persons, have access to services. Further discussion
followed and Chairperson Dawood stated if the Commission decided not to change the provision
now, it could be placed on a later agenda. Commissioner Strawn moved to leave the verbiage as
now written, without amendment or clarification. Commissioner Bung seconded. The motion
unanimously carried.
DISCUSSION AND POSSIBLE ACTION ON PENDING ETHICS COMPLAINTS.
Chairperson awood recognized a complaint had been filed by citizen Norma Rivera against a
person, but noted that the complaint was unclear as to the person's relationship, if any, with the
city. Commissioner Connelly noted the Commission must decide if it has jurisdiction over the
complaint before any action on it could bet en, Assistant City Attorney Allison Logan stated the
target of the complaint was a current board member, thus the Commission had Jurisdiction
Commissioner Ken Bung said he had information that Ms. Rivera had made a similar complaint to
law enforcement. Commissioner Benevides commented the Complainant was in a competitive
business with the target of the complaint. Attorney Logan stated she had made inquiries about
part of the allegations and did not believe there was any substance to them, She further opined
that the complaint did not meet the required criteria because it failed to specify an ethical rule
alleged to have been violated. Commissioner Hallows stressed the need to maintain transparent
goverriment which allows a citizen to bring any concern with confidence that it will be fairly
considered. Commissioners reviewed paragraphs 19 and 20 in rules of conduct which are
specific to board members. Commissioner Larry White indicated allegations in the complaint did
not fall within those provisions. Commissioner Connelly commented that complaints should not
be determined merely by technicality but rather on the basis of a liberal reading and felt the
complaint qualified for a hearing. Commissioner Waithoff added the idea of conflicts of interest
was broad and agreed a hearing should be held. Commissioner Art hie Brown moved to den} the
complaint on the basis that it did not state a violation of an applicable rule of conduct. Her motion
was seconded by Commissioner Benivadez. The motion carried by a majority vote. Attorney
Logan was directed by Chairperson Dawood to draft a letter to Ms. Rivera advising her that the
Commission had denied her original complaint but that she has one opportunity to amend and
re-file it within 15 days. Commissioner Connelly suggested the Commission needs a clear
written standard for determining if a complaint does or does not have the criteria required to be
entitled to a hearing. Commissioner Waithoff made a motion to include on the next agenda a
discussion whether there needs to be a written standard to determine if a complaint is entitled to a
hearing. Commissioner Hallows seconded and the motion carried.
PUBLIC COMMENT
Two members of the public attended the meeting but no public comment was offered,
ITEMS FOR NEXT AGENDA
Changes proposed to Ethics Code.
Whether there needs to be a written standard to determine if a complaint is entitled to a hearing.
Chairperson Dawood adjourned the Commission at 6:05 p.m.
The foregoing minutes of the November 2013 meeting of the Ethics Commission were approved
on July 21, 2014 by the Ethics Commission.
Dr. Haysam Dawod, Chairperson