1. REGULAR CALLED MEETING of the ETHICS REVIEW COMMISSION AUGUST 23, 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. Vice-Chair Mary Kahle Secretary Nguyen Stanton-Adams Haksoon Andrea Low Alysa Nunez Edward Espinoza 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. 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 A complaint filed by Daniel Llanes against José Velásquez raising claimed violations of City Code Chapter 2-7 (Ethics and Financial Disclosures), Subsection 2-7-72(E) (Reports). PRELIMINARY HEARING 2. A complaint filed by Daniel Llanes against José Velásquez raising claimed violations of City Code Chapter 2-7 (Ethics and Financial Disclosures), Subsection 2-7-72(E) (Reports). 3. Approve the minutes of the Ethics Review Commission Regular Meeting on June 28, 2023. APPROVAL OF MINUTES 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 …
ETHICS REVIEW COMMISSION REGULAR CALLED MEETING MINUTES AUGUST 23, 2023 The Ethics Review Commission convened in a Regular Commission meeting on August 23, 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 6:06 p.m. Commissioners in Attendance: Chair Luis Soberon, Vice-Chair Mary Kahle, and Commissioners Amy Casto, Edward Espinoza, Haksoon Andrea Low, Michael Lovins, William Ross Pumfrey, and Sidney Williams were present at City Hall. Commissioners in Attendance Remotely: Commissioner Alysa Nuñez. Commissioners Absent: Secretary Nguyen Stanton-Adams and Commissioner Mikki Teneyuca. Vacancy: None. City Staff in Attendance: Lizette Benitez, Staff Liaison; and Victoria Hayslett, Commission Executive Liaison & Assistant City Attorney. PUBLIC COMMUNICATION: GENERAL One speaker, Christina Flores, signed up for General Communication in person and was allotted three minutes to speak. EXECUTIVE SESSION 1. 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: A complaint filed by Daniel Llanes against José Velásquez raising claimed violations of City Code Chapter 2-7 (Ethics and Financial Disclosure), Subsection 2-7-72(E) (Reports). The Commission went into Executive session at 6:12 p.m. Commissioner Nuñez abstained from items 1 and 2 and did not participate in Executive Session. 1 The Commission reconvened the public meeting at 7:19 p.m. However, Commissioner Nuñez did not rejoin the meeting. PRELIMINARY HEARING A complaint filed by Daniel Llanes against José Velásquez raising claimed violations of City Code Chapter 2-7 (Ethics and Financial Disclosure), Subsection 2-7-72(E) (Reports). Parties attending: Complainant’s counsel Bill Aleshire, Complainant Daniel Llanes, and Respondent’s counsel Ross Fischer. All parties signed oath forms and spoke on item 2. The Commission heard opening statements from Bill Aleshire, Counsel for Complainant, and Ross Fischer, Counsel for the Respondent. The Commission then asked questions of the parties. Commissioner Low’s motion to find reasonable grounds that a violation occurred and set a final hearing was seconded by Vice-Chair Kahle. The motion was tabled by unanimous consent. Counsel for Respondent Ross Fischer provided an admission to the Commission that there was a violation to counts 1, 2, and 4 on the complaint filed. Commissioner Williams’ motion to find that an admission has been made to counts 1, …
City of Austin Ethics Review Commission LETTER OF ADMONITION August 31, 2023 Hon. José Miguel Anwar Velásquez City of Austin Ethics Review Commission Determination of Sanctions under City Code, Section 2-7-48(C)(2) 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 July 14, 2023. The Complaint alleges that you violated Austin City Code, Chapter 2-7-72(E), which deals with information required for disclosure in required Statements of Financial Information (“SFI”). The Complaint states you violated these provisions by failing to include certain income sources and board membership in your 2021 and 2022 SFI filings. During the preliminary hearing on the complaint, through your counsel you admitted that three of the four violations cited in the complaint (as set out in Counts 1, 2, and 4) had occurred. The Commission determined based on those admissions and the available record that the violations set out in Counts 1, 2, and 4 had occurred, and also found that reasonable grounds did not exist to believe that a violation of Austin City Code had occurred with respect to Count 3 of the complaint. The Commission recognizes that you filed corrected SFIs including certain information that had not been provided previously, and that you admitted to violations at the hearing, which you assert were inadvertent. The Commission directs that you be mindful of the various provisions of Austin City Code that are the subject of this complaint as well as all other applicable provisions of the Austin City Code moving forward in your future financial disclosures. Based on those determinations, the Commission issues this letter of admonition to you. This action is effective as of the 31st day of August 2023. CITY OF AUSTIN ETHICS REVIEW COMMISSION Luis Soberon Chair, Ethics Review Commission
§ § § § § § § CITY OF AUSTIN ETHICS REVIEW COMMISSION Complaint No. 20230714 Daniel Llanes Complainant v. Jose Velasquez Velásquez Respondent ORDER ON PRELIMINARY HEARING I. PROCEDURAL HISTORY On July 14, 2023, Daniel Llanes (“Complainant”) submitted to the Austin City Clerk (“City Clerk”) a Sworn Complaint (“the Complaint”) against Jose Velásquez (“Respondent”). On July 14, 2023, 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 2-7-72(E)(Reports), which deals with information required for disclosure in required Statements of Financial Information (“SFI”). On August 23, 2023, the Commission conducted a Preliminary Hearing. During the hearing, Respondent’s counsel admitted that three of the four violations cited in the complaint (as set out in Counts 1, 2, and 4) had occurred and that corrected SFIs had been filed. The Commission determined based on those admissions and the available record that the violations set out in Counts 1, 2, and 4 had occurred, and also found that reasonable grounds did not exist to believe that a violation of Austin City Code had occurred with respect to Count 3 of The Commission further determined that a letter of admonition be issued to the City of Austin Ethics Review Commission ORDER ON PRELIMINARY HEARING – PAGE 1 the complaint. Respondent. The agenda for the August 23, 2023 meeting of the Commission and Preliminary Hearing in this matter was timely posted by August 18, 2023. The Preliminary Hearing was properly noticed in accordance with Chapter 2-7 of the City Code and the Texas Open Meetings Act. The Commission has jurisdiction over Chapter 2-7-72 of the City Code (Reports). 1. Counsel for the Complainant and Respondent appeared at the hearing and made statements II. FINDINGS OF FACT 2. Complainant’s counsel provided documentary evidence attached to his complaint as well as for purposes of the hearing. Respondent’s counsel submitted a written response for 3. During the hearing, Complainant’s counsel reiterated the evidence attached to his under oath. purposes of the hearing. complaint. 4. During the hearing, Respondent’s counsel referred to the written response provided for purposes of the hearing and described corrective measures taken by Respondent. III. CONCLUSIONS OF LAW 1. Respondent agreed to three of the four violations cited in the complaint (as set out in Counts 1, …
