HomeMy WebLinkAboutMinutes Ethics Commission - 07/29/1998 MINUTES OF THE ETHICS COMMISSION
City of Corpus Christi, Texas
5:30 p.m., July 29, 1998
Fifth Floor East Conference Room
City Hall - 1201 Leopard
The members present were: Garry Bradford, Steven Fieldcamp, Cecil Henry, Eduardo
Hinojosa,the Rev. J. Allen Lowe, Connie Munoz, Augustin Rivera, Jr., and Frank Tompkins II.
No members were absent (there being one vacancy). City Attorney Jimmy Bray was present.
The Commission members elected Augustin Rivera, Jr., Chairperson, and Garry Bradford
Vice-Chairperson.
The March 23, 1994 minutes were approved, Hinojosa abstaining.
The Commission took up item#4 on its agenda: review code of ethics regarding possible
recommendations related thereto. City Attorney Jimmy Bray referred the Commission to an
ordinance prepared at the request of the Commission at its last meeting recommending that the
ordinance be amended to set the annual meeting date the third Wednesday in March. After
considering citizen comment and discussing dates of various reports, the Commission voted to
set its annual meeting date for the last Wednesday in July at 5:30 p.m., and to recommend to the
City Council that the ordinance be amended consistently.
A citizen, Roy Martinez, made the following suggestions: 1) That City Charter Article
VII, Section 5, should be amended to require a member of a city board or commission to forfeit
office upon announcing as a candidate for city council rather than upon filing as a candidate, an
example being a member of the Crime Control District. Mr. Bray stated that announcement had
been used in the past, but the charter had been amended to specify filing. Mr. Bray also stated
that the Crime Control District was not a City board or commission, but a separate legal entity
under state law. 2) That the Commission should review City Attorney opinions both oral and
written. 3) That the ordinance should require Ethics Commission members to file financial
disclosure statements upon appointment. 4) That the City Secretary's boards and commission
book should note that any three members may call a meeting as well as the chair. The City
Attorney was asked to provide the commission a report on these matters at its next meeting.
A citizen, Bill Kopecky, suggested that the ordinance provision [Sec. 2-326(a)(5)]
regarding a report listing campaign contributions and expenditures for each candidate be
extended to include contributions and expenditures on measures.
[Commission member Steven Fieldcamp arrived at this point, 6:15 p.m.]
The Commission took up item#5: review statements and reports filed under ethics
ordinance. The Commission discussed what kind of review should occur, and decided to address
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the matter at its next meeting after further opportunity for review by commission members of
financial disclosure reports. A citizen, Linden Howell, inquired about the distinction between
oral and written opinions, and Jimmy Bray responded to her question.
The Commission took up item#6: review city attorney opinions related to code of ethics.
There was a general discussion of the process and purpose of the opinion review. The City
Attorney answered questions from Commission Member Eduardo Hinojosa regarding an opinion
on the ex parte rule.
The Commission took up item#7: discussion of other issues under ethics ordinance.
Jimmy Bray provided background on the proposal to amend the Commission's Rules regarding
preliminary hearings. He explained that the Commission previously had felt the rule basing the
decision to proceed to full hearing solely on the written complaint and written response had not
worked well, and that a more flexible preliminary procedure was desired to avoid unnecessarily
putting all parties to the expense of a full hearing. The proposed procedure would establish an
informal probable cause examination. Upon motion by Commission Member Cecil Henry, the
proposed rule change was tabled until the next meeting.
In citizen comments, Roy Martinez urged the City Council to fill the existing Ethics
Commission vacancy promptly. Joe O'Brien said that the Commission should review the whole
code, as a lot of it needs correction; an example is the provision that the Commission review all
statements and reports filed with the City, which is impossible. Mr. O'Brien further stated that
the Commission should review all public opinions of the City Attorney, whether oral or written,
and that the Commission should designate independent counsel.
Commission Member Connie Munoz stated that at future meetings public comment
should follow a more formal protocol so it does not interrupt. Bill Kopecky stated that public
comment only at the end does no good, and that there should be public comment before voting
on an action item.
The Commission scheduled the next Commission meeting on September 30 at 5:30 p.m.
Pursuant to item#9, the Commission entertained further public comment. Roy Martinez
stated that there should be copies of the agenda available to the public at each meeting. Mr. Bray
said he would see that this was done.
The meeting was adjourned at 6:55 p.m.
Approved Sept. 30, 1998 by Ethics Commission
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OnAugusti�i rkivera, Jr., Chairper
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From: Jimmy Bray, City Attorney <_;,� S way,
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Subject : Ethics Commission Minutes - July 29, 1998
Date: October 1, 1998
Attached are the originally signed minutes of the Ethics Commission meeting of July 29,
1998, as approved by the Commission at its meeting on November 30, 1998. Please file these
minutes with your official records for the Ethics Commission. Thank you.
8JRB0230.216