Ethics Review Commission Regular Meeting of the Ethics Review Commission

Agenda — original pdf

1. REGULAR CALLED MEETING of the ETHICS REVIEW COMMISSION SEPTEMBER 27, 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 Nuñez Edward Espinoza William Ross Pumfrey Vacancy – District 2 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 Scott Cobb against Nina Rinaldi, raising claimed violations of City Code Chapter 2-1 (City Boards), Section 2-1-24 (Conflict of Interest and Recusal). PRELIMINARY HEARING 2. A complaint filed by Scott Cobb against Nina Rinaldi, raising claimed violations of City Code Chapter 2-1 (City Boards), Section 2-1-24 (Conflict of Interest and Recusal). DISCUSSION AND ACTION ITEMS Consideration, discussion, and potential action regarding: 3. Adopt the regular meeting calendar for 2024. APPROVAL OF MINUTES 4. Approve the minutes of the Ethics Review Commission Regular Meeting on August 23, 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 …

Cobb - Rinaldi Preliminary Hearing Order of Dismissal — original pdf

§ § § § § § § CITY OF AUSTIN ETHICS REVIEW COMMISSION Complaint No. 20230627 Scott Cobb Complainant v. Nina Rinaldi Respondent ORDER ON PRELIMINARY HEARING I. PROCEDURAL HISTORY On June 27, 2023, Scott Cobb (“Complainant”) submitted to the Austin City Clerk (“City Clerk”) a Sworn Complaint (“the Complaint”) against Nina Rinaldi (“Respondent”). The Complaint alleged that Respondent violated City Code Section 2-1 (City Boards), Subsection 2-1- 24 (Conflict of Interest & Recusal). On September 27, 2023, the Commission conducted a Preliminary Hearing. The agenda for the September 27, 2023 meeting was timely posted on September 22, 2023. II. FINDINGS OF FACT Complainant and Respondent appeared at the hearing and made statements under oath. During the hearing, Complainant reiterated the statements made in the complaint. During the hearing, Respondent referred to the written response provided for purposes of the hearing by Respondent. III. CONCLUSIONS OF LAW 1. Under City Code Section 2-7-26, the Commission’s jurisdiction includes alleged violations of City Code 2-1-24 (Conflict of Interest & Recusal). 2. Subsection (D) of Section 2-7-44 of the City Code states, “if the commission does not determine that there are reasonable grounds to believe that a violation has occurred, the complaint is dismissed.” City of Austin Ethics Review Commission ORDER ON PRELIMINARY HEARING – PAGE 1 1. 2. 3. IV. DETERMINATION OF THE ETHICS REVIEW COMMISSION A quorum of the Commission was present to consider the matter. At the conclusion of the preliminary hearing, a motion was made to dismiss the complaint. The motion resulted in a vote of 5-4 (five in favor, four against) with one commissioner absent and one vacancy. After more discussion an additional motion was made to move forward to a final hearing and that there are reasonable grounds that a violation occurred. The motion failed on a vote of 5-4 (four in favor, five against) with one commissioner absent and one vacancy. The Commission, therefore, orders that the complaint be dismissed under City Code 2-7- 44(D). ORDERED as of the 6th day of October, 2023. ____________________________________________ Luis Soberon, Ethics Review Commission Chair City of Austin Ethics Review Commission ORDER ON PRELIMINARY HEARING – PAGE 2