HomeMy WebLinkAboutMinutes Ethics Commission - 03/11/1999 I
MINUTES OF THE ETHICS COMMISSION
City of Corpus Christi, Texas
5:30 p.m., March 11, 1999
Fifth Floor East Conference Room
City Hall - 1201 Leopard
The members present were: Chair Augustin Rivera, Jr., Vice-Chair Garry Bradford,
Steven Fieldcamp, Cecil Henry, and Frank Tompkins II. Connie Munoz, Eduardo Hinojosa,
David Longoria, and the Rev. J. Allen Lowe were absent. City Attorney Jimmy Bray was
present.
The January 21, 1999 minutes were approved as submitted.
The Commission took up item#3, consideration of Ethics Ordinance, Commission
procedures and practices, and possible changes thereto. Draft revisions were discussed regarding
preliminary hearings, number of persons required to file a complaint, legal fees, and a preamble.
The Commission voted to amend Article III(D) of its rules as follows:
D. The Commission shall hold a preliminary hearing to determine, within 30 days from
receipt of the complaint by the City Secretary, whether a hearing should be scheduled or
other action taken regarding the complaint.
1. At least three days prior to the preliminary hearing,the complainants shall
provide the Commission through the City Secretary a list of witnesses regarding the
alleged violation and a summary of their expected testimony. In addition,the
complainants shall so provide copies of any documents or tangible evidence regarding the
violation.
2. At the preliminary hearing, the Commission may inquire of the complainants
the basis for their claim that a violation has occurred. In addition, the Commission may
examine any witnesses present.
3. The preliminary hearing shall be conducted as an informal probable cause
examination and not as a formal hearing. 1. Said dctcrmination shall be based
exclusively upon the written complaint and any writtcn rcsponsc of the respondent. .The
determination whether to hold a hearing shall be made on the basis of the complaint, the
response, and the information received at the preliminary hearing.
2 4. Prior to its determination, the Commission shall provide the opportunity for
argument by a representative of the complainants and a representative of the respondent.
3- After argument from the parties and discussion by the Commissioners, the
Commission shall make its determination.
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SCANNEI .
The Commission voted to recommend that Section 2-330(e) of the Ethics Code be
amended as follows:
(e) If the commission determines such party's complaint or defense was
groundless. Jlegal fees incurred by the complainants,the commission, and the party
complained against, in an amount determined reasonable by the commission shall be paid
by may be awarded against the unsuccessful party. if the commission dctcrmincs such
party's complaint or defense was groundless, "Groundless"means (1) without basis or
fact, or(2) not warranted by law or reasonably arguable interpretation thereof. The
complainants shall not be liable for such fees if the commission has determined grounds
exist for a hearing.
The Commission voted to recommend that a preamble be added to ARTICLE V, CODE
OF ETHICS, of the City Code of Ordinances as follows:
Sec. 2-310. Preamble.
The purpose of this Code of Ethics is to promote public trust by establishing rules
of conduct for city council members, board members, and employees: by providing a fair
process for receiving and adjudicating complaints: and by requiring periodic financial
disclosure. The rules of conduct form the basis for possible sanctions, and are therefore
intended to clearly define proper conduct so that those who must comply may understand
the rules and carry out their responsibilities consistently with the rules. It is recognized
that situations with ethical implications will arise outside the prohibitions of the rules: in
such situations, council members, board members, and employees are encouraged to keep
in mind the ideal of the public trust and to conduct themselves in a manner to avoid the
appearance of impropriety even where not compelled by the rules.
The Commission requested the City Attorney notify the City Council that the Commission is
studying possible recommendations for changes to the Ethics Ordinance, and to ask the Council
whether the Council desires the Commission to include lobbyist rules as part of its study.
The Commission took up item#4, scheduling of future meetings. The Commission
voted, until further notice,to meet the second Thursday of each month at 5:30 p.m., to work on
consideration of possible ordinance change recommendations.
Commissioner Henry discussed a tabulation he had prepared respecting information in
recently filed city council candidate campaign reports. He said that it appeared that some
information provided may be incorrect. The Commission directed that a copy of Commissioner
Henry's tabulation be provided to all Commission members for their review.
The Commission took up item#6,public comment. There was none.
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The meeting was adjourned at 6:28 p.m.
Approved April 8, 1999 by Ethics Commission
Auguasti ivera, Jr., Chairperso
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