Regular Meeting of the Ethics Review Commission Wednesday, June 10, 2020, 3:00 – 4:30 PM Ethics Review Commission meeting to be held June 10, 2020 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance no later than Tuesday, JUNE 9, 2020 by Noon. All public comment will occur at the beginning of the meeting. To speak remotely at the June 10, 2020 ETHICS REVIEW COMMISSION Meeting, persons must: •Call or email the board liaison at 512.974.2915 and sue.palmer@austintexas.gov no later than noon, (the day before the meeting). The information required is the speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, and a telephone number or email address. •Once a request to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start in order to speak; late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to sue.palmer@austintexas.gov by Noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •If this meeting is broadcast live, residents may watch the meeting here: http://www.austintexas.gov/page/watch-atxn-live 1 ETHICS REVIEW COMMISSION JUNE 10, 2020 AT 3:00 P.M. VIA VIDEOCONFERENCING Vice-Chair Luis Soberon Secretary Kenneth “Tray” Gober Betsy Greenberg Raafia Lari J. Michael Ohueri CURRENT COMMISSION MEMBERS: Chair Mary Kahle Debra Danburg Robin Lerner Donna Beth McCormick Nathan Ryan Pedro A. Villalobos AGENDA CALL TO ORDER CITIZEN COMMUNICATION Because of the COVID-19 Pandemic, all citizen communications will occur at the beginning of the meeting. Speakers are limited to a maximum time limit of three minutes per speaker only on items listed below. 1. NEW BUSINESS Discussion and possible action regarding the following: a. 2020 Austin city council candidate forums. b. Election of Commission officers. c. Working group status reports and/or recommendations. i. Working group one (Commissioners Greenberg, Ohueri, and Lerner) on the following subjects: - Commission sanctions including effectiveness, past cases, and recommendations. - Potential amendments to City Code, Chapter 2-7 (Ethics and Financial Disclosure). ii. Working group two …
§ 2-2-63 - QUALIFYING CANDIDATES. To become a qualifying candidate eligible to receive public funds from the Austin Fair Campaign Finance Fund, a candidate for mayor or city council must sign a campaign contract, and agree to participate in specified debates arranged by the City Ethics Review Commission. Source: Ord. 20080925-079. § 2-2-65 - OTHER CONSIDERATIONS FOR CAMPAIGN CONTRACT. (A) A candidate who signs a campaign contract must participate in a series of candidate forums, whether or not the candidate qualifies for funds. (B) The Ethics Review Commission shall produce not fewer than three forums for each contested race as follows: (1) one forum must air on public access television; and (2) other forums may be produced and made available to the public by radio, broadcast, publication on the Internet, or other means approved by the commission. (C) The City shall make recordings of audio or video forums available to the public at all branches of the City library. (D) The City may purchase advertising promoting the candidate forums. (E) The Ethics Review Commission shall establish equitable guidelines to coordinate and produce the candidate forums. Source: Ord. 20080925-079.
Ethics Review Commission Meeting Backup June 10, 2020 Meeting, Item 1(a) The Ethics Review Commission’s duties include scheduling and overseeing the candidate forums in City elections provided for in Chapter 2-2 (Campaign Finance). City Code § 2-7-30(A)(7). Following is the list of Scheduled Candidate Forums for the 2020 City Council Elections: District 2: Dove Springs Recreation Center Wednesday, September 16th at 6pm District 4: Gus Garcia Recreation Center Wednesday, September 23rd at 6pm District 6: Hope Presbyterian Church Wednesday, September 30th at 6pm District 7: Northwest Recreation Center Wednesday, October 7th at 6pm. District 10: Jewish Community Center Tuesday, September 29th at 6pm A candidate who signs a campaign contract must participate in a series of three candidate forums to be eligible to receive public funds from the Austin Fair Campaign Finance Fund. City Code §§ 2-2-63 and 2-2-65(A). One forum must air on public access television. City Code § 2-2- 65 (B)(1). The above list indicates the proposed schedule for candidate forums for each council election. City staff recommends that the Ethics Review Commission approve the above schedule.
ETHICS REVIEW COMMISSION MEETING MINUTES Wednesday, February 12, 2020 The Ethics Review Commission (“Commission”) convened in a regular meeting on Wednesday, February 12, 2020, One Texas Center, Room 325, 505 Barton Springs Road, Austin, Texas. Chair Mary Kahle called the meeting to order at 6:33 p.m. Commissioners in attendance: Chair Mary Kahle, Vice-Chair Luis Soberon, Secretary Tray Gober, and Commissioners Debra Danburg, Betsy Greenberg, Raafia Lari, Donna Beth McCormick, Nathan Ryan, and Pedro Villalobos. Commissioner Robin Lerner arrived while the Commission was in executive session. Commissioner J. Michael Ohueri was absent. City Staff in Attendance: Lynn Carter, Commission Executive Liaison & Assistant City Attorney, and Sue Palmer, Staff Liaison, Law Department. Chair Kahle announced prior to executive session that she was recusing herself from items 1a, 1b, 2, and 3. GENERAL CITIZEN COMMUNICATION Each person who signed up to speak prior to the meeting being called to order and who designated this item on which to speak, or who did not designate an agenda item on which to speak will be allowed three minutes to speak. One speaker, Carlos León, spoke during General Citizen Communication. 1. EXECUTIVE SESSION The Ethics Review Commission may announce it will go into Executive Session pursuant to Chapter 551 of the Texas Government Code to receive advice from legal counsel on any matter specifically listed on this agenda (Private Consultation with Attorney-Section 551.071). The Commission went into executive session to discuss legal issues related to: a. Three complaints filed by Mark Littlefield against Unconventional Austin SPAC, which complaints allege violation of City Code Chapter 2-2 (Campaign Finance) Section 2-2-33 (Disclosure Statement Required). b. A complaint filed by Mark Littlefield against Unconventional Austin SPAC, which complaint alleges violation of City Code Chapter 2-2 (Campaign) Section 2-2-32 (Reporting of Direct Campaign Expenditures). 1 The Commission went into executive session at 6:40 p.m.; the open meeting resumed at 7:10 p.m. Chair Kahle recused herself from participation on the executive session items. 2. PRELIMINARY HEARING Discussion and possible action regarding the following: Three complaints filed by Robert Mark Littlefield against Unconventional Austin SPAC, which complaints allege violation of City Code Chapter 2-2 (Campaign Finance) Section 2-2-33 (Disclosure Statement Required). Chair Kahle recused herself from participation on this item. Complainant Mark Littlefield appeared; Fred Lewis appeared on behalf of Respondent Unconventional Austin SPAC. Following the presentations of the parties during the preliminary hearing, Vice-Chair Soberon made a motion to find …
ETHICS REVIEW COMMISSION MEETING MINUTES Wednesday, June 10, 2020 The Ethics Review Commission (“Commission”) convened in a regular meeting on Wednesday, June 10, 2020, Austin, Texas via Videoconference. Chair Mary Kahle called the meeting to order at 3:02 p.m. Commissioners in attendance: Chair Mary Kahle, Vice-Chair Luis Soberon, Secretary Kenneth “Tray” Gober, and Commissioners Debra Danburg, Betsy Greenberg, Raafia Lari, Robin Lerner, Donna Beth McCormick, J. Michael Ohueri, and Nathan Ryan. Commissioner Pedro A. Villalobos was absent. City Staff in Attendance: Lynn Carter, Commission Executive Liaison & Assistant City Attorney, Bailey Hamer, Paralegal, Law Department and Tara Olson, Marketing and Communication Consultant, Communications and Public Information Office. CITIZEN COMMUNICATION Each person who signed up to speak prior to the meeting being called to order and who designated this item on which to speak, or who did not designate an agenda item on which to speak will be allowed three minutes to speak. One speaker, Carlos León, spoke during Citizen Communication. 1. NEW BUSINESS Discussion and possible action regarding the following: (a) 2020 Austin city council candidate forums. Tara Olson, Communications and Public Information Office, and Commissioner McCormick reported to the Commission on the planned 2020 City Council election candidate forums. Chair Kahle made a motion that the 2020 candidate forum schedule posted as backup for this meeting be approved by the Commission and that the Commission also approve holding the candidate forums virtually if necessitated by limitations on social gatherings, in the Mayor’s emergency orders (or Travis County Judge’s emergency orders whichever applies to the venue); by recommendation of the Public Health Director, Dr. Escott; or by lack of availability of a location for the event as a result of the COVID-19 Pandemic or other public health or safety emergency. Commissioner Greenberg made a motion to amend Chair Kahle’s motion to make attending the candidate forums virtually an option regardless of whether an in- person candidate forum takes place. The motion to amend was seconded by Commissioner Danburg and passed on a unanimous vote of 10-0 of the members in 1 attendance. Voting in favor: Chair Kahle, Vice-Chair Soberon, Secretary Gober, and Commissioners Danburg, Greenberg, Lari, Lerner, McCormick, Ohueri, and Ryan. Commissioner Villalobos was absent. Commissioner Ryan then seconded Chair Kahle’s motion as amended which motion was to approve the 2020 candidate forum schedule posted as backup for this meeting and that the Commission also approve holding the candidate forums …
