Ethics Review CommissionSept. 25, 2024

Approved Minutes — original pdf

Approved Minutes
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1. 2. ETHICS REVIEW COMMISSION REGULAR CALLED MEETING MINUTES SEPTEMBER 25, 2024 The Ethics Review Commission convened in a Regular Commission meeting on September 25, 2024, at City Hall, Boards & Commissions Room #1101, at 301 W. 2nd Street in Austin, Texas and via Videoconference. Chair Michael Lovins called the Ethics Review Commission Meeting to order at 6:17 p.m. Commissioners in Attendance in Person: Chair Michael Lovins, Vice-Chair Haksoon Andrea Low, Secretary Nguyen Stanton-Adams, and Commissioners Amy Casto, Edward Espinoza, Luis Figueroa, Mary Kahle and William Ross Pumfrey were present at City Hall. Commissioners in Attendance Remotely: None. Commissioners Absent: Adam Materne. City Staff in Attendance in Person: Caroline Webster, Commission Executive Liaison & Assistant City Attorney. PUBLIC COMMUNICATION: GENERAL No one registered to speak during public communication. EXECUTIVE SESSION The Ethics Review Commission may announce it will go into Executive Session pursuant to Section 551.071 of the Texas Government Code to receive advice from legal counsel regarding: A complaint filed by Betsy Greenberg against Douglas Greco raising claimed violations of City Charter, Article III (Elections), Section 8 (A)(3) (Limits on Contributions to Candidates). The Ethics Review Commission may announce it will go into Executive Session pursuant to Section 551.071 of the Texas Government Code to receive advice from legal counsel regarding: A complaint filed by Betsy Greenberg against Kirk Watson raising claimed violations of City Charter, Article III (Elections), Section 8 (A)(3) (Limits on Contributions to Candidates). The Commission went into Executive Session at 6:19 p.m. to take up Items 1 & 2. The open meeting resumed at 7:13 p.m. Outside Counsel Cris Feldman advised the Commission. 1 3. 4. 5. Commissioner Espinoza did not partake in discussion during Executive Session; Commissioner Materne was absent. PRELIMINARY HEARING A complaint filed by Betsy Greenberg against Douglas Greco raising claimed violations of City Charter, Article III (Elections), Section 8 (A)(3) (Limits on Contributions to Candidates). Parties Attending: Complainant Betsy Greenberg and counsel for Respondent, Holt Lackey, appeared in person. The Commission heard opening statements from Complainant Betsy Greenberg, and counsel for Respondent, Holt Lackey. At the conclusion of the preliminary hearing, Commissioner Casto’s motion that the Commission find there are reasonable grounds to believe a violation within the jurisdiction of the Ethics Review Commission has occurred and for the Commission to move forward with a final hearing was approved on a 7-0-1 vote of all members present. Commissioner Pumfrey seconded the motion. Voting in favor: Chair Lovins, Vice-Chair Low, Secretary Stanton-Adams, and Commissioners Casto, Figueroa, Kahle, Pumfrey. Commissioner Espinoza abstained from Item 3, recused from Item 4 and was absent for the subsequent item; Commissioner Materne was absent. A complaint filed by Betsy Greenberg against Kirk Watson raising claimed violations of City Charter, Article III (Elections), Section 8 (A)(3) (Limits on Contributions to Candidates). Parties Attending: Complainant Betsy Greenberg and counsel for Respondent, James Cousar, appeared in person. The Commission heard opening statements from Complainant Betsy Greenberg, and counsel for Respondent, James Cousar. At the conclusion of the preliminary hearing, Secretary Stanton-Adams’ motion that the Commission find there are reasonable grounds to believe a violation within the jurisdiction of the Ethics Review Commission has occurred and for the Commission to move forward with a final hearing was approved on a 7-0-1 vote of all members present. Commissioner Kahle seconded the motion. Voting in favor: Chair Lovins, Vice-Chair Low, Secretary Stanton-Adams, and Commissioners Casto, Figueroa, Kahle, Pumfrey. Commissioner Espinoza recused and Commissioner Materne was absent. APPROVAL OF MINUTES Approve the minutes of the Ethics Review Commission Regular meeting on August 28, 2024. 2 Commissioner Figueroa’s motion to approve the minutes, was seconded by Commissioner Pumfrey. Secretary Stanton-Adams’ motion to approve and adopt Commissioner Figueroa’s motion as amended to include changes to the minutes was approved unanimously on a 7-0 vote of all members present. Commissioner Kahle seconded Secretary Stanton-Adams’ motion. Voting in favor: Chair Lovins, Vice-Chair Low, Secretary Stanton-Adams and Commissioners Casto, Kahle, Figueroa, and Pumfrey. Commissioners Espinoza and Materne were absent. FUTURE AGENDA ITEMS • Potential briefing/update from the Working Group to Review ERC Complaints Process – to be added to November or December 2024 agenda. Adopt the 2025 ERC meeting calendar. ADJOURNMENT Chair Lovins adjourned the meeting at 9:29 p.m. without objections. The preceding minutes were approved with amendments on a 9-0 vote of all members present at the October 23, 2024 Regular Commission meeting on Secretary Stanton-Adams’ motion and Commissioner Kahle’s second. Vice-Chair Low was absent. 3