HomeMy WebLinkAboutMinutes Ethics Commission - 04/04/2016 - Special Minutes of the Special Ethics Commission Meeting on April 4, 2016
ACM Conference Room-5th Floor City Hall—1201 Leopard Street
Vice-Chair Connelly called the meeting to order at 5:30.
1. Roll Call. Present: Vice-Chair Karon Connelly, Alicia Benavidez, Harry Hallows, Rick Milby,
and Larry White. Absent: Chair Dr. Dawod, Ken Bung, Drue Jones and Rod Wolthoff. City
Staff in attendance: Assistant City Attorney Lisa Aguilar.
2. Discussion and possible action regarding reconsideration of Ethics complaint filed by
Webster Pell on March 10, 2016.
The Commission discussed that the complaint did not specify facts, did not specify evidence
and did not specify Ethics Code ordinance at issue. The Commission discussed that at the
last meeting, Mr. Pell indicated that the burden of proof was on the respondent, but that
the Ethics ordinance provides that you have to bring evidence with a complaint. Motion by
Mr. Hallows,second by Mr. White,to deny complaint for lack of evidence;clarifying that the
complainant may refile within 2 weeks.
The Vice-Chair stated that the Commission has no jurisdiction over the complaint to go
forward; cannot shift burden to the respondent,that is not how the ordinance is set up. The
Commission had previously decided to hold the hearing based on the Preamble, that the
complainant could refile; the intent is not to discourage complaints but there must be
evidence. Call for vote; Motion carried unanimously to deny the complaint. Letter to be
sent that describes opportunity to resubmit within 15 days.
3. Discussion and possible action regarding Ethics Complaint filed by Webster Pell on March
23, 2016.
The Commission utilized their checklist to review the complaint. The Commission discussed
that the complaint did not provide the Ethics Code ordinance at issue as required by item 4
of the checklist. The Commission asked if there was anything to prohibit a respondent from
contacting the complainant and was informed by the Assistant City Attorney that she was
not aware of any such prohibition. The Vice-Chair noted that as it stands, the Commission
does not have jurisdiction over the complaint, it states conclusion, not facts. Motion by Mr.
Hallows to deny complaint and give complainant opportunity to refile. Second by Mr. Milby.
All in favor; none opposed. Motion passed.
4. Received public comment from Mr. Pell regarding Commission procedures for holding a
meeting.
5. For next regular meeting on April 21, 2016 ; updates to complaint form; Mureen report; City
website; independent legal counsel status.
6. Motion by Larry White; second by Mr. Hallows to adjorn. All in favor. Meeting adjourned at
6:05 pm.
The foregoing minutes of the meeting of the Ethics Commission were approved on April 21, 2016, by the Ethics
Commission.
By:
Karon Connelly, Vice-Chairperson