REGULAR CALLED MEETING of the ETHICS REVIEW COMMISSION JUNE 28, 2023 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 or contact Meredith Mooney at (512) 974-2667 or meredith.mooney@austintexas.gov. Vice-Chair Mary Kahle Haksoon Andrea Low Vacancy – District 3 Vacancy – Mayor’s nominee Secretary Nguyen Stanton-Adams William Ross Pumfrey Mikki Teneyuca CURRENT COMMISSIONERS: Chair Luis Soberon Amy Casto Michael Lovins Sidney Williams CALL TO ORDER PUBLIC COMMUNICATION: GENERAL AGENDA 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. DISCUSSION AND ACTION ITEMS Consideration, discussion, and potential action regarding: 1 1. 2. 3. 4. Review of the jurisdictional determination for the complaint filed by Janice Felder against John Umphress, raising claimed violations of City Code Chapter 2-1 (City Boards), Section 2-1-48 (Rules of Order). Review and approve potential amendments to City Code Chapter 4-8 (Regulation of Lobbyists), Sections 4-8-8 (Appearance) and 4-8-10 (Audit). APPROVAL OF MINUTES Approve the minutes of the Ethics Review Commission Regular Meeting on May 24, 2023. Approve the minutes of the Ethics Review Commission Special Called Meeting on June 5, 2023. FUTURE AGENDA ITEMS ADJOURNMENT The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days (48 hours) before the meeting date. Please call Lizette Benitez, Wajiha …
ETHICS REVIEW COMMISSION REGULAR CALLED MEETING MINUTES JUNE 28, 2023 The Ethics Review Commission convened in a Regular Commission meeting on June 28, 2023, at City Hall, Boards & Commissions Room #1101, at 301 W 2nd Street in Austin, Texas and via Videoconference. Chair Soberon called the Ethics Review Commission Meeting to order at 6:14 p.m. Commissioners in Attendance: Chair Luis Soberon, Secretary Nguyen Stanton-Adams and Commissioners Amy Casto, Haksoon Andrea Low, Michael Lovins, William Ross Pumfrey, Mikki Teneyuca and Sidney Williams were present at City Hall. Commissioners in Attendance Remotely: None. Commissioners Absent: Vice-Chair Mary Kahle. Vacancy: Mayor’s nominee and District 3 nominee. City Staff in Attendance: Lizette Benitez, Staff Liaison; and Victoria Hayslett, Commission Executive Liaison & Assistant City Attorney. PUBLIC COMMUNICATION: GENERAL No one registered to speak during Public Communication. DISCUSSION AND ACTION ITEMS Consideration, discussion, and potential action regarding: 1. Review of the jurisdictional determination for the complaint filed by Janice Felder against John Umphress, raising claimed violations of City Code Chapter 2-1 (City Boards), Section 2-1-48 (Rules of Order). Prior to the June Regular Commission meeting, Chair Soberon made the determination that the Felder-Umphress complaint was not within the jurisdiction of the Commission. No action was taken on this agenda item. 2. Review and approve potential amendments to City Code Chapter 4-8 (Regulation of Lobbyists), Sections 4-8-8 (Appearance) and 4-8-10 (Audit). 1 Corrie Stokes City Auditor, briefed the Commission on the amendments to City Code Chapter 4-8 (Regulation of Lobbyists), Sections 4-8-8 (Appearance) and 4-8-10 (Audit), made by the Law Department. The Commission asked questions of City Auditor Stokes. Chair Soberon’s motion to approve the amendments to City Code Chapter 4-8 with the change to replace “periodically” with “every 3 years” was approved on an 8-0 vote of all members present. The motion was seconded by Commissioner Williams. Voting in favor: Chair Soberon, Secretary Stanton-Adams and Commissioners Casto, Low, Pumfrey, Lovins, Teneyuca and Williams. Vice-Chair Kahle was absent. Chair Soberon briefly recessed the meeting at 6:39 p.m., and called the meeting back into session at 6:41 p.m. APPROVAL OF MINUTES 2023. 3. Approve the minutes of the Ethics Review Commission Regular Meeting on May 24, Secretary Stanton-Adams’ motion to adopt the minutes was approved on a 7-1 vote of all members present. The motion was seconded by Commissioner Teneyuca. Voting in favor: Secretary Stanton-Adams and Commissioners Casto, Low, Pumfrey, Lovins, Teneyuca and Williams. Chair Soberon …
ETHICS REVIEW COMMISSION RECOMMENDATION 20230628-001 Date: June 28, 2023 Subject: Lobbyist Appearance and Audit Motioned By: Chair Luis Soberon Seconded By: Commissioner Sidney Williams Recommendation Recommend that Austin City Council approve the proposed amendments to City Code Chapter 4-8 (Regulation of Lobbyists), Sections 4-8-8 (Appearance), and 4-8-10 (Audit). The commission voted to approve the attached proposed ordinance at its June 28, 2023 meeting. Vote: 8-0 of the 8 members present For: Chair Luis Soberon, Secretary Nguyen Stanton-Adams, Amy Casto, Haksoon Andrea Low, William Ross Pumfrey, Michael Lovins, Mikki Teneyuca, Sidney Williams Against: None Absent: Vice-Chair Mary Kahle Attest: Wajiha Rizvi Assistant City Attorney & Executive Liaison Ethics Review Commission 1 of 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4-8 OF THE CITY CODE RELATING TO LOBBYING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Subsection (C) of City Code Section 4-8-8 (Appearance) is amended to read: § 4-8-8 APPEARANCE. (C) A person who communicates directly [in person] with a City official for compensation on behalf of another person during a scheduled meeting on a municipal question shall disclose in writing to the city department, or office: (1) the name and address of the person; (2) the name of the City official with whom they are meeting; (3) the name of the client or person on whose behalf the appearance or contact is made; and (4) a statement regarding whether the person has received or expects to receive compensation for the appearance or contact. 18 PART 2. City Code Section 4-8-10 (Audit) is amended to read: 19 § 4-8-10 [AUDIT] REVIEW. The city auditor shall [annually] review the recorded information described in 4-8- 8(E) every three years [conduct an audit of a statistically representative random sample of lobby registrants, but not less than five percent of registrants,] to ensure [that registrants' filings are in] compliance and to assess the risk of non-compliance. Not later than the 14th business day after finding an apparent violation, the auditor shall notify the city clerk, the city attorney, and the Ethics Review Commission. PART 3. This ordinance takes effect on _______________, 2023. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 1 2 3 4 5 6 7 8 9 10 11 12 13 PASSED AND APPROVED § § …
2020 - 2022 Internal Review Report ETHICS REVIEW COMMISSION This report covers Ethics Review Commission activity from 01/01/2020 to 12/31/2022 The Board/Commission mission statement is set forth in the following provisions of the City Code: § 2-1-145 - ETHICS REVIEW COMMISSION. The Ethics Review Commission has duties and responsibilities established by Chapter 2-2 (Campaign Finance) and Chapter 2-7 (Ethics and Financial Disclosure). § 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) (2) one forum must air on public access television; and 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) (D) (E) The City shall make recordings of audio or video forums available to the public at all branches of the City library. The City may purchase advertising promoting the candidate forums. The Ethics Review Commission shall establish equitable guidelines to coordinate and produce the candidate forums. § 2-7-26 FUNCTIONS. The Ethics Review Commission has jurisdiction over this chapter, Section 2-1-24 (Conflict of Interest and Recusal), Chapter 2-2 (Campaign Finance), Chapter 4-8 (Regulation of Lobbyists), and Article III, Section 8, of the City Charter (Limits on Campaign Contributions and Expenditures). The commission shall hear and rule on sworn complaints alleging violations of the provisions within the commission’s jurisdiction. The city manager shall provide funding for all necessary and reasonable functions of the commission in fulfilling its duties. § 2-7-30 DUTIES. (A) The Ethics Review Commission shall, in addition to its other duties: Page 1 of 12 (1) (2) (3) (4) (5) (6) (7) (1) (2) (3) prescribe forms for reports, statements, notices, and other documents required by the provisions within the commission’s jurisdiction; prepare and publish materials explaining the duties of individuals subject to the provisions within the commission’s jurisdiction; accept and file any information voluntarily supplied that exceeds the requirements of the provisions within the commission’s jurisdiction; preserve statements and reports filed with the commission for a period of five years from the date of receipt; review the provisions within the commission’s jurisdiction and make appropriate recommendations to the city council concerning the provisions within the commission’s jurisdiction, and perform an …
