Approved Minutes — original pdf

Approved Minutes

ETHICS REVIEW COMMISSION REGULAR CALLED MEETING MINUTES JANUARY 22, 2025 The Ethics Review Commission convened in a regularly scheduled Commission meeting on January 22, 2025, at Austin City Hall, B&C Room #1101, at 301 W 2nd Street in Austin, Texas and via Videoconference. Vice-Chair Low called the Ethics Review Commission meeting to order at 6:04 p.m. Commissioners in Attendance In-Person: Vice-Chair Haksoon Andrea Low, Secretary Nguyen Stanton-Adams, and Commissioners Amy Casto, Edward Espinoza, Luis Figueroa, Mary Kahle, Adam Materne, Brian McGiverin, Ross Pumfrey and Brittany Sharkey were present at Austin Energy Headquarters. Commissioners in Attendance Remotely: None. Commissioners Absent: Chair Michael Lovins. City Staff in Attendance in Person: Caroline Webster, Commission Executive Liaison & Assistant City Attorney; and Lizette Benitez, Staff Liaison. PUBLIC COMMUNICATION: GENERAL Three people signed up to speak during general communication: Leland Bickers signed up to speak on Items 6 and 7; Elaine Li signed up to speak on Item 7; and Jeb Boyt signed up to speak on Item 8. EXECUTIVE SESSION 1. 2. The Ethics Review Commission may announce it will go into Executive Session pursuant to Chapter 551.071 of the Texas Government Code to receive advice from legal counsel and discuss any matter listed in this agenda. The Ethics Review Commission may announce it will go into Executive Session pursuant to Chapter 551.071 of the Texas Government Code to receive advice from legal counsel to discuss: A complaint filed by Marc Duchen against Ashika Ganguly raising claimed violations of City Code Chapter 2-7 (Ethics & Financial Disclosure), Section 2-7-74 (Financial Disclosure by Candidates). 3. The Ethics Review Commission may announce it will go into Executive Session pursuant to Chapter 551.071 of the Texas Government Code to receive advice from legal counsel to 1 discuss: A complaint filed by Mackenzie Kelly against Krista Laine raising claimed violations of City Code Chapter 2-7 (Ethics & Financial Disclosure), Section 2-7-74 (Financial Disclosure by Candidates). 4. The Ethics Review Commission may announce it will go into Executive Session pursuant to Chapter 551.071 of the Texas Government Code to receive advice from legal counsel to discuss: a jurisdictional determination regarding the Chair’s initial decision that the Commission lacks jurisdiction over a complaint filed on December 9, 2024, by Jeb Boyt against Gary Bledsoe, which alleges violations of Chapters 392 and 393 of the Texas Transportation Code, Texas Penal Code Section 39.02, and “Section 4” of the Austin City Charter. Commissioner Materne recused from Items 6 and 7; and Commissioner Kahle recused from Item 6. After receiving further clarification from City Staff, Commissioner Materne withdrew his recusal regarding Item 6, as it was a ministerial issue, and confirmed that he had no conflicts of interest with any of the agenda items. The Commission went into executive session at 6:26 p.m. to address all items on the agenda. During the session, Alan Bojorquez advised the Commission on Item 2 and 3. Caroline Webster, Commission Executive Liaison, advised the Commission on Item 4 on the agenda. The open meeting resumed at 7:57 p.m., at which point the Commission addressed Item 6 as the first item, then proceeded to take up Items 7, 8 and then 5. APPROVAL OF MINUTES 5. Approve the minutes of the Ethics Review Commission Regular meeting on December 11, 2024. Commissioner Materne’s motion to postpone the approval of the December 11, 2024 meeting minutes to the next regular meeting was approved on a 10-0 vote of all members present. Secretary Stanton-Adams’ seconded the motion. Voting in favor: Vice-Chair Low, Secretary Stanton-Adams, and Commissioners Casto, Espinoza, Figueroa, Kahle, Materne, McGiverin, Pumfrey and Sharkey. Chair Lovins was absent. FINAL HEARING 6. A complaint filed by Marc Duchen against Ashika Ganguly raising claimed violations of City Code Chapter 2-7 (Ethics & Financial Disclosure), Section 2-7-74 (Financial Disclosure by Candidates). Parties attending: Complainant Marc Duchen; Counsel for Complainant, Bill Aleshire; and Respondent Ashika Ganguly appeared in person. The Commission heard opening statements from all parties. At the conclusion of the preliminary hearing, Commissioner Materne’s motion that the Commission find there are reasonable grounds that a violation occurred was seconded by Secretary Stanton-Adams. 2 Commissioner Pumfrey’s motion to amend Commissioner Materne’s original motion to find that a violation occurred and impose a fine of $300 for the violation failed on a 0-9 vote of all members present. Commissioner Espinoza seconded the motion. Voting against: Vice-Chair Low, Secretary Stanton-Adams, and Commissioners Casto, Espinoza, Figueroa, Materne, McGiverin, Pumfrey and Sharkey. Commissioner Kahle recused from all discussion and action of this item; and Chair Lovins was absent. The Commission revisited the original motion; Commissioner Materne’s original motion to find that there are reasonable grounds to conclude that a violation occurred was approved on a 9-0 vote of all members present. Secretary Stanton-Adams seconded the motion. Voting in favor: Vice-Chair Low, Secretary Stanton-Adams, and Commissioners Casto, Espinoza, Figueroa, Materne, McGiverin, Pumfrey, and Sharkey. Commissioner Kahle recused from this item and Chair Lovins was absent. Commissioner Materne’s motion to recommend that the Commission not recommend prosecution to the City Attorney’s and instead direct the Respondent to submit written testimony of her experience was seconded by Commissioner Figueroa. Commissioner Pumfrey made a motion to amend Commissioner Materne’s original motion to not recommend prosecution to the City Attorney’s and instead direct the Respondent to submit written testimony of her experience and include a fine of $300. The motion was not seconded, and the Commission returned to the original motion on the floor. Commissioner McGiverin’s motion to amend Commissioner Materne’s original motion by striking the portion directing the Respondent to provide a written testimonial was approved on an 8-0-1 vote of all members present. Commissioner Casto seconded the motion. Voting in favor: Vice-Chair Low, Secretary Stanton-Adams, and Commissioners Casto, Espinoza, Materne, McGiverin, Pumfrey and Sharkey. Commissioner Figueroa abstained; Commissioner Kahle recused from this item and Chair Lovins was absent. Commissioner Materne's motion to not recommend the Respondent for prosecution was approved on a 9-0 vote of all members present. Commissioner Figueroa seconded the motion. Voting in favor: Vice-Chair Low, Secretary Stanton-Adams, and Commissioners Casto, Espinoza, Figueroa, Materne, McGiverin, Pumfrey, and Sharkey. Commissioner Kahle recused from this item and Chair Lovins was absent. Following Item 6 on the agenda, the Commission addressed Item 7. 7. A complaint filed by Mackenzie Kelly against Krista Laine raising claimed violations of City Code Chapter 2-7 (Ethics & Financial Disclosure), Section 2-7-74 (Financial Disclosure by Candidates). Outside Counsel, Alan Bojorquez, was present to advise the Commission during Preliminary Hearing; and Caroline Webster, Executive Liaison was present to advise the Commission on procedural matters. Parties attending: Complainant Mackenzie Kelly; Counsel for Complainant, Bill Aleshire; and Respondent Krista Laine all appeared in person. 3 The Commission heard an opening statement from all parties. Commissioner Pumfrey’s motion to extend the meeting past 10:00 p.m., seconded by Commissioner Espinoza, passed unanimously on a 10-0 vote of all members present. Voting in favor: Vice-Chair Low, Secretary Stanton-Adams, and Commissioners, Casto, Espinoza, Figueroa, Kahle, Materne, McGiverin, Pumfrey and Sharkey. Chair Lovins was absent. Commissioner Figueroa’s motion to find that a violation occurred, was approved on a 10-0 vote of all members present. Commissioner Pumfrey seconded the motion. Voting in favor: Vice-Chair Low, Secretary Stanton-Adams, and Commissioners Casto, Espinoza, Figueroa, Kahle, Materne, McGiverin, Pumfrey, Sharkey. Chair Lovins was absent. Commissioner Materne's motion to not recommend the Respondent for prosecution was approved on a 9-0 vote of all members present. Commissioner Casto seconded the motion. Voting in favor: Vice-Chair Low, Secretary Stanton-Adams, and Commissioners Casto, Espinoza, Figueroa, Materne, McGiverin, Pumfrey, and Sharkey. Chair Lovins was absent. DISCUSSION AND ACTION ITEMS Consideration, discussion, and potential action regarding: 8. Discussion and possible action by the Commission to make a jurisdictional determination regarding the Chair’s initial decision that the Commission lacks jurisdiction over a complaint filed on December 9, 2024, by Jeb Boyt against Gary Bledsoe, which alleges violations of Chapters 392 and 393 of the Texas Transportation Code, Texas Penal Code Section 39.02, and “Section 4” of the Austin City Charter. Secretary Stanton-Adams’ motion to uphold the Chairs’s determination that the Boyt- Bledsoe complaint does not fall within the jurisdiction of the Ethics Review Commission was approved on a 10-0 vote of all members present. Commissioner Kahle seconded the motion. Voting in favor: Vice-Chair Low, Secretary Stanton-Adams and Commissioners Casto, Espinoza, Figueroa, Kahle, Materne, McGiverin, Pumfrey and Sharkey. Chair Lovins was absent. FUTURE AGENDA ITEMS • None. ADJOURNMENT Vice-Chair Low adjourned the meeting at 10:14 p.m. without objections. The preceding minutes were approved on an 8-0 vote of all members present at the March 26, 2025 Regular Commission meeting on Commissioner Keel’s motion and Commissioner Figueroa’s second. Vice-Chair Low, and Commissioners Casto and McGiverin were absent. 4