1. REGULAR CALLED MEETING of the ETHICS REVIEW COMMISSION OCTOBER 26, 2022 at 6:00 P.M. AUSTIN CITY HALL, BOARDS & COMMISSIONS ROOM, #1101 301 W 2ND STREET AUSTIN, TEXAS 78701 Some members of the Ethics Review Commission may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public Speakers: Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak once, either in-person or remotely, and will be allowed up to three minutes to provide their comments. If participating remotely by telephone, a speaker must register no later than noon the day before the meeting. To register to speak remotely, contact Lizette Benitez at (512) 974-2915 or lizette.benitez@austintexas.gov. CURRENT COMMISSIONERS: Chair Luis Soberon Debra Danburg Michael Lovins Sidney Williams Vice-Chair Mary Kahle Betsy Greenberg Donna Beth McCormick Vacancy – Mayor’s nominee AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL Secretary Nguyen Stanton Raafia Lari Mikki Teneyuca There is no limit on the number of speakers who may speak on agenda items. There is a limit on the number of speakers who may speak on items not posted on the agenda—only the first ten speakers who register prior to the meeting being called to order will be allowed a three-minute allotment to address non-agenda items. For more information on public communication, please see the “Notice Regarding Public Communication” at the end of this agenda. 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 listed in this agenda. The Commission may go into Executive Session to discuss: 1 City Code Chapter 2-2 (Campaign Finance), Section 2-2-14 (Disclosure of Compliance with Chapter). DISCUSSION AND ACTION ITEMS 2. Respondent Richard Smith’s amended request for postponement of October 26th preliminary hearing regarding a complaint filed by Julie Oliver against Richard Smith raising claimed violations of City Code Chapter 2-2-14 (Disclosure of Compliance with Chapter). PRELIMINARY HEARING Consideration, discussion, and potential action regarding: 3. A complaint filed by Julie Oliver against Richard Smith, raising claimed violations of City Code Chapter 2-2 (Campaign Finance), Section 2-2-14 (Disclosure of Compliance with Chapter). a. If the Commission votes to proceed to a final hearing, the Commission shall schedule a final hearing. b. If the Commission votes to proceed to a final hearing, the parties may request certain persons or …
City of Austin Ethics Review Commission LETTER OF NOTIFICATION Richard Smith November 4, 2022 City of Austin Ethics Review Commission Determination of Sanctions under City Code, Sections 2-7-48 and 2-7-49 TO: FROM: DATE: RE: In accordance with Chapter 2-7 of the Austin City Code, this letter is to advise you that the City of Austin Ethics Review Commission (the “Commission”) has completed its consideration of the complaint filed with the Commission against you on September 29, 2022. The Complaint alleges that you violated Austin City Code, Chapter 2-2 (Campaign Finance) Section 2-2-14 (Disclosure of Compliance with Chapter), by failing to include this notice in all political advertising: "This campaign has not agreed to comply with the contribution and expenditure limits of the Austin Fair Campaign Chapter." Your attorney of record agreed that prior to your receipt of the complaint, your political advertising failed to include the required notice. Your attorney also stated that shortly after receiving a copy of the complaint, you took prompt corrective actions to include the required disclosure language in your political advertising and to add corrective stickers to all existing road signs (size 4 by 4 or 4 by 8 feet) and to yard signs where the location was known. The Commission determined based on your admissions during the preliminary hearing that a violation within its jurisdiction had occurred. Comments by individual commissioners are contained in the video recording of the Commission meeting, which is available at: https://austintx.new.swagit.com/videos/187574?ts=2908. Based on the determination that you violated a provision of the City Code within its jurisdiction, the Commission issues this letter of notification to you. Effective Date of the Commission’s approval of issuance of a letter of notification: 26th day of October, 2022 CITY OF AUSTIN ETHICS REVIEW COMMISSION ________________________________ Luis Soberon Chair, Ethics Review Commission
§ § § § § § § CITY OF AUSTIN ETHICS REVIEW COMMISSION Complaint No. 20220929 Julie Oliver Complainant v. Richard Smith Respondent ORDER ON PRELIMINARY HEARING I. PROCEDURAL HISTORY On September 29, 2022, Julie Oliver (“Complainant”) submitted to the Austin City Clerk (“City Clerk”) a Sworn Complaint (“the Complaint”) against Richard Smith. On September 29, 2022, the City Clerk sent a copy of the Complaint and a notice of filing to the City Attorney, the Chair of the Ethics Review Commission (“the Commission”), Complainant, and Respondent. The Complaint alleged that Respondent violated Section 2-2-14 (Disclosure of Compliance with Chapter). On October 26, 2022, the Commission conducted a Preliminary Hearing. John Buxie, counsel of record for Respondent Richard Smith, agreed that Mr. Smith had violated City Code Section 2-2-14 and described the corrective measures taken by Richard Smith to ensure that the required notice was included on his political advertising. Based on respondent’s admission of a violation of Code Section 2-2-14, the Commission determined by vote that a violation within its jurisdiction had occurred. The Commission further determined that a letter of notification be issued to the Respondent. The agenda for the October 26, 2022 meeting of the Commission and Final Hearing in this matter was timely posted on October 21, 2022. The preliminary hearing was properly noticed in City of Austin Ethics Review Commission ORDER ON PRELIMINARY HEARING – PAGE 1 accordance with Chapter 2-7 of the City Code and the Texas Open Meetings Act. The Commission has jurisdiction over Chapter 2-2 of the City Code (Campaign Finance). II. FINDINGS OF FACT 1. Complainant, Julie Oliver and John Buxie, counsel for Respondent Richard Smith, appeared at the hearing and made statements under oath. 2. Complainant provided documentary evidence attached to her complaint. Respondent’s counsel submitted documentary evidence for purposes of the hearing. During the hearing, Complainant reiterated the evidence attached to her complaint. During the hearing, Mr. Buxie described corrective measures taken by Respondent Richard Smith following receipt of the complaint and referenced documentary evidence submitted by respondent for purposes of the hearing. III. CONCLUSIONS OF LAW Respondent’s attorney agreed that Richard Smith violated the City Code provision. Based on the evidence and Respondent’s admission, the Commission determined that reasonable grounds exist to believe that a violation within the jurisdiction of the Commission had occurred. 3. The Commission also determined that the appropriate sanction is a letter of notification. …
