Loading...
HomeMy WebLinkAboutMinutes Ethics Commission - 04/21/2016 Minutes of the Ethics Commission Meeting on April 21, 2016 ACM Conference Room-5t" Floor City Hall— 1201 Leopard Street The meeting was called to order by Vice-Chair Karon Connelly at 5:30. Item 1--Roll Call. Present: Vice-Chair Karon Connelly,Alicia Benavidez, Ken Bung, Harry Hallows, Drue Jones, Rick Milby, Larry White and Rod Wolthoff. Absent: Chair Dr. Haysam Dawod. City Staff in attendance: Assistant City Attorney Lisa Aguilar. Item 2 -- Review and approval of Minutes. A motion to approve 3/17/2016 minutes was made by Drue Jones, second by Rick Milby. All in favor; none opposed. Motion passed. A motion to approve 3/24/2016 minutes was made by Ken Bung, second by Larry White. All in favor; none opposed. Motion passed. A motion to approve 3/30/2016 minutes was made by Rod Wolthoff, second by Larry White. All in favor; none opposed. Motion passed. A motion to approve 4/4/2016 minutes was made by Larry White, second by Harry Hallows. All in favor; none opposed. Motion passed. Item 10— Identification of items to be placed on the next meeting's agenda. For next meeting: Residency definition and residency for Councilmember and to file an Ethics complaint. Item 3—Review"Improving the Ethics Code" powerpoint report by Jon Mureen. The Commission reviewed the "Financial Disclosure" section of the report. The Commission reviewed the current City Code Section 2-342 (shown below), including mutual fund ownership and providing definition of "equity ownership" in subsection (e). The Commission asked whether a list of contracts is provided in reference to subsection (i). The Commission reviewed disclosure of gifts under subsection (k). The Commission added this item to the next meeting. Sec. 2-342. -Content of reports. The reports required shall contain the following information for the reporting period by separate listing. In this section, the report for the reporting official shall include all such information for the reporting official's spouse, but information relating to the spouse need not be segregated from that relating to the reporting official. (a) Name and residence address. (b) All professional, occupational, business licenses held by the reporting official. (c) The names of any businesses with which the reporting official was actively engaged or associated, and the principal address and phone number of each, together with the position or title held. (This list should not include interests in or positions with any businesses which are required to be reported in other provisions of this section.) (d) The names and addresses of all sources of income which exceed ten (10)per cent of the reporting official's gross income, or five thousand dollars ($5,000.00) in salary, bonuses, commissions or professional fees, or twenty thousand dollars($20,000.00)in payment for goods, products or non- professional services. If the reporting official is self-employed or owns or controls at least a twenty (20) per cent interest in a partnership, corporation or other entity through which the reporting official does business, the reporting official shall also report the names and addresses of the clients or customers who do business with the city from whom the reporting official, partnership, corporation or other entity received at least ten (10) per cent of its gross income. Prior to each reporting deadline, the city shall publish a list of the names and addresses of the persons who do business with the city in the amount of ten thousand dollars or more each year (excluding utility services or the payment of taxes) which reporting officials may rely upon for the purposes of complying with this provision. A reporting official operating a business as a sole proprietor shall not be required to report a client or customer under this subsection he or she would not have to report if operating as a corporation or partnership. (e) The names and addresses of all corporations, partnerships or other business organizations in which the reporting official held, owned, acquired or sold stock or other equity ownership having a value exceeding five thousand dollars ($5,000)or equivalent to ten (10) per cent or more of the stock or equity in the entity or owns ten (10) per cent or more or five thousand dollars ($5,000.00) or more of the fair market value of the business organization or funds received from business organization exceeds ten (10) per cent or more of the person's gross income for the previous year. (f) An itemized list of all real property in Nueces County or any adjoining county in which the reporting official held any legal or equitable ownership with a fair market value of two thousand five hundred dollars ($2500.00)or more. The list shall include a description sufficient to locate the property. (g) The name and address of any person to whom the reporting official was indebted in excess of ten thousand dollars ($10,000.00) together with the dates any such debts were incurred. "Indebted" includes obligations on which the reporting official is a guarantor or co-signer, in which case the names of the borrower and lender shall be listed. (h) The name and address of any person who is an obligor on any note, bond, loan or any other similar obligation, written or unwritten, owed to the reporting official which in the aggregate equal ten thousand dollars ($10,000.00)or more together with the dates of such obligations. (i) A list of all contracts with the City of Corpus Christi, including the date, term, type of good or services provided and the amount of the contract. Q) All boards of directors or governing bodies of which the reporting official is a member, and all offices or executive positions the reporting official holds in corporations, partnerships, limited partnerships, professional corporations, associations, or other entities, including non-business and non-profit entities, stating the name of each entity and position held, and excluding entities owned or created by the city. (k) The names and addresses of all persons from whom the reporting official received gifts or favors, including but not limited to trips, excursions, food, lodging, money, commodities or services, cumulatively exceeding two hundred dollars ($200.00) in value. The nature and date of each gift received shall be specified. Provided, however, campaign contributions reported as required by state law and gifts or favors from relatives need not be reported hereunder. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028271, § 5, 8-18-2009) Item 3 (continuing) — Review "Improving the Ethics Code" powerpoint report by Jon Mureen. The Commission reviewed the "Ethics Commission" section of the report. The Commission discussed the current provision of the City Code at 2-322 regarding removal of an Ethics Commission "for cause". The Commission discussed current lack of provisions in the Code of Ethics regarding recusal of a Commissioner. The Commission added this section to the next meeting. The Commission discussed standard for burden of proof for a complaint to go to an evidentiary hearing. The Commission tabled the review of the Mureen report at the slide "Overview of Complaint Resolution Process." Item 4—Discussion of concerns with or requested changes to the City's Code of Ethics. No further discussion. Item 5 -- Discussion and possible action regarding hiring independent legal counsel pursuant to Ethics Code Section 2-327. The Commission discussed status of the contract with independent legal counsel. Assistant City Attorney discussed possible modification to the agreement to specify the project to be worked on by the independent attorney. The Commission placed this on the agenda for next meeting for continued discussions. Item 6 — Discussion and possible action regarding amendments to the Ethics Complaint forms. Mr. White reviewed his proposed changes to the complaint form. The Commission placed this on the agenda for next meeting for continued discussions. Item 7— Discussion and possible action regarding placement of Ethics Commission materials on the City website. The Commission viewed the current City website and noted that the Ethics Commission materials can be located on the "front page" of the City website by clicking on the "I Want To..." section. Item 8 -- Public Comment. There was no public comment. Item 9 -- Identification of next Ethics Commission meeting. The Commission discussed holding future special meetings on Thursdays. Item 10 — Identification of items to be placed on the next meeting's agenda. Residency discussion; continued review of items 3, 5, and 6. Item 11 -- Adiournment. The meeting was adjourned at approximately 7:15. The foregoing minutes of the meeting of the Ethics Commission were approved on May 19, 2016, by the Ethics Commission. By: Name: Title: