Approved Minutes — original pdf

Approved Minutes

ETHICS REVIEW COMMISSION REGULAR MEETING MINUTES JUNE 25, 2025 The Ethics Review Commission convened in a regular Commission meeting on June 25, 2025, at Austin City Hall, B&C Room #1101, at 301 W 2nd Street in Austin, Texas and via Videoconference. Chair Pumfrey called the Ethics Review Commission meeting to order at 6:10 p.m. Commissioners in Attendance In-Person: Chair Ross Pumfrey, Secretary Adam Materne and Commissioners Luis Figueroa, Patrick Keel, William King, Haksoon Andrea Low, Wallace Lundgren, and Jordan Preddy. Commissioners in Attendance Remotely: None. Commissioners Absent: Vice-Chair Brittany Sharkey and Commissioners Amy Casto and Brian McGiverin. Staff in attendance: Caroline Webster, Executive Liaison & Assistant City Attorney; and Lizette Benitez, Staff Liaison. PUBLIC COMMUNICATION: GENERAL Jennifer Robichaux had three minutes to speak on Item 9. Commissioner Lundgren joined the meeting during public communication. APPROVAL OF MINUTES 1. Approve the minutes of the Ethics Review Commission Regular meeting on April 23, 2025. The Commission took up Item 1, following Item 6. Commissioner Keel’s motion to approve the minutes with Secretary Materne’s amendment was approved on an 8-0-0 vote of all members present. Commissioner Figueroa seconded the motion. Voting in favor: Chair Pumfrey, Secretary Materne, and Commissioners Figueroa, Keel, King, Low, Lundgren, and Preddy. Vice-Chair Sharkey and Commissioners Casto and McGiverin were absent. EXECUTIVE SESSION 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 on any matter listed in this agenda. 1 2. 3. 4. 5. 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 Adam Haynes against Mike Siegel raising claimed violations of City Code Chapter 2-2 (Campaign Finance), Section 2-2-13 (Candidates’ Contribution Limits), Section 2-2-21 (Additional Information Required on All Campaign Finance Reports Filed with the City), and City Charter, Article III, Section 8 (Limits on Campaign Contributions and Expenditures). 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 Adam Haynes against Zachary Jon Scott Faddis raising claimed violations of City Code Chapter 2-2 (Campaign Finance), Section 2-2-3 (Conformity with Texas Election Code), Section 2-2-21 (Additional Information Required on All Campaign Finance Reports Filed with the City), Section 2-2-23 (Political Committees), Section 2- 2-26 (Filing of Campaign Finance Report Data), Section 2-2-31 (Definitions), Section 2- 2-32 (Reporting of Direct Campaign Expenditures), and Section 2-2-33 (Disclosure Statement Required). 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 Brian Molloy against Jesus Garza raising claimed violations of City Code Chapter 2-7 (Ethics & Financial Disclosure), Section 2-7-74 (Financial Disclosure by Candidates). 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 Tiffany Washington against Natasha Harper-Madison raising claimed violations of City Code Section 2-7-1 (Declaration of Policy), Section 2-7-2 (Definitions), and Section 2-7-62 (Standards of Conduct). The Commission went into Executive Session at 6:18 p.m. to discuss Items 2-5. Outside Counsel, Alan Bojorquez, advised the Commission on Items 2 and 5 during executive session. Assistant City Attorney, Caroline Webster advised the Commission on Items 3 and 4 during executive session. The open meeting resumed at 7:55 p.m. FINAL HEARING 6. A complaint filed by Adam Haynes against Mike Siegel raising claimed violations of City Code Chapter 2-2 (Campaign Finance), Section 2-2-13 (Candidates’ Contribution Limits), Section 2-2-21 (Additional Information Required on All Campaign Finance Reports Filed with the City), and City Charter, Article III, Section 8 (Limits on Campaign Contributions and Expenditures). Commissioner King recused himself from this item. Parties attending: Complainant Adam Haynes appeared in person, along with witness Nathalie Frensley. Respondent Mike Siegel attended remotely. Following the presentations, 2 testimony, and statements, both parties responded to questions from the Commission. Alan Bojorquez was present to advise the Commission on this item, and Caroline Webster was available to assist with procedural matters. Secretary Materne’s motion that the Commission find that there are reasonable grounds to believe that a violation did occur of City Code Section 2-2-21(A)(1) and Section 2-2-21 (A)(2) and impose no sanctions. Commissioner Lundgren seconded the motion. Commissioner Figueroa moved to divide Secretary Materne’s original motion into two separate motions: the first to find that a violation occurred, and the second to impose no sanctions if a violation was found was approved on a 7-0-1 vote of all members present. Secretary Materne seconded the motion. Voting in favor: Chair Pumfrey, Secretary Materne, and Commissioners Figueroa, Keel, Low, Lundgren, and Preddy. Commissioner King abstained; Vice Chair Sharkey and Commissioners Casto and McGiverin were absent. Secretary Materne’s motion that the Commission find that there are reasonable grounds to believe that a violation did occur of City Code Section 2-2-21(A)(1) and Section 2-2-21 (A)(2) failed on a 5-2-1 vote of all members present. Voting in favor: Secretary Materne, and Commissioners Figueroa, Keel, Lundgren, Preddy. Voting against: Chair Pumfrey and Commissioner Low. Commissioner King abstained; Vice Chair Sharkey and Commissioners Casto and McGiverin were absent. Commissioner Low’s motion to find a violation on the reporting errors in the 8-day pre- election report originally filed on December 4, 2024, specifically for failing to disclose the individuals on whose behalf the $900 contribution was made to, failed on a 3-4-1 vote of all members present. Commissioner Figueroa seconded the motion. Voting in favor: Commissioners Figueroa, Low and Lundgren. Voting against: Chair Pumfrey, Secretary Materne and Commissioners Keel and Preddy. Commissioner King abstained; Vice Chair Sharkey and Commissioners Casto and McGiverin were absent. As a result of the failure of all motions, the hearing was concluded and the complaint dismissed. Commissioner Preddy’s motion to extend the meeting past 10 p.m. was seconded by Commissioner Figueroa. Commissioner Figueroa’s motion to amend Commissioner Preddy’s original motion by extending past 10 p.m. to take up only the Haynes-Faddis final hearing and the Molloy-Garza preliminary hearing was approved on a 7-0-1 vote of all members present. Commissioner Lundgren seconded the motion. Voting in favor: Chair Pumfrey, Secretary Materne and Commissioners Figueroa, King, Low, Lundgren and Preddy. Commissioner King abstained. The motion carried, and the meeting was extended. 7. A complaint filed by Adam Haynes against Zachary Jon Scott Faddis raising claimed violations of City Code Chapter 2-2 (Campaign Finance), Section 2-2-3 (Conformity with Texas Election Code), Section 2-2-21 (Additional Information Required on All Campaign Finance Reports Filed with the City), Section 2-2-23 (Political Committees), Section 2- 2- 3 26 (Filing of Campaign Finance Report Data), Section 2-2-31 (Definitions), Section 2- 2- 32 (Reporting of Direct Campaign Expenditures), and Section 2-2-33 (Disclosure Statement Required). Parties attending: Complainant Adam Haynes, Respondent Zachary Jon Scott Faddis and Donna Davidson, Counsel for Respondent attended in person. Following the presentations, and statements, both parties responded to questions from the Commission. Caroline Webster was present to advise the Commission on this item. Secretary Materne’s motion to find that there are reasonable grounds to believe that a violation of City Code Section 2-2-3 occurred, in that AURA for Austin, under the leadership of the Respondent, Mr. Faddis and operating as a 501(c)(4) provided a thing of value to a candidate without reporting their political contribution was approved on a 3-5-0 vote of all members present. Commissioner Keel seconded the motion. Voting in favor: Secretary Materne and Commissioners Keel, and Lundgren. Voting against: Chair Pumfrey and Commissioners Figueroa, King, Low and Preddy. The motion having failed, the hearing was concluded, and the complaint was dismissed. PRELIMINARY HEARING 8. A complaint filed by Brian Molloy against Jesus Garza raising claimed violations of City Code Chapter 2-7 (Ethics & Financial Disclosure), Section 2-7-62 (Standards of Conduct). Chair Pumfrey recused himself from this item, and Secretary Materne presided over the meeting in his place. Parties attending: Complainant Brian Molloy, Counsel for Complainant, Ross Fischer, and Chief of the Auditors Office, Travis Kasner Weaver; Respondent Jesus Garza and Counsel for Respondent, Michael Shaunessy attended in person. Following the presentations, and statements, both parties responded to questions from the Commission. Caroline Webster was present to advise the Commission on this item. Commissioner Keel’s motion to find that there are no reasonable grounds to believe that a violation of City Code Section 2-7-62 (I) occurred was seconded by Commissioner Lundgren. The Commission recessed at 12:00 a.m. and reconvened at 12:01 a.m. to continue the ongoing preliminary hearing into the new business day, noting that a recess does not close a meeting but merely pauses it, allowing the Commission to resume proceedings at a later time. The Commission continued with Commissioner Keel’s seconded motion and proceeded with voting, which failed on a 3-4-1 vote of all members present. Voting in favor: Commissioners Keel, Low, and Lundgren. Voting against: Secretary Materne and Commissioners Figueroa, King, and Preddy. Chair Pumfrey recused; Vice-Chair Sharkey and Commissioners Casto and McGiverin were absent. Commissioner Preddy’s motion to find that there are reasonable grounds to believe that a violation of City Code Section 2-7-62 occurred and proceed to a final hearing failed on a 5- 1-1-1 vote of all members present. Commissioner Figueroa seconded the motion. Voting in 4 favor: Secretary Materne and Commissioners Figueroa, Keel, Lundgren and Preddy. Voting against: Commissioners Low. Commissioner King abstained and Chair Pumfrey recused. Vice-Chair Sharkey and Commissioners Casto and McGiverin were absent. The motion having failed, the hearing was concluded, and the complaint was dismissed. 9. A complaint filed by Tiffany Washington against Natasha Harper-Madison raising claimed violations of City Code Section 2-7-1 (Declaration of Policy), Section 2-7-2 (Definitions), and Section 2-7-62 (Standards of Conduct). This item was postponed for the next Ethics Review Commission meeting. FUTURE AGENDA ITEMS None. ADJOURNMENT Secretary Materne adjourned the meeting at 12:08 a.m. without objections. The preceding amended minutes were approved on an 6-0-0 vote of all members present at the July 30, 2025 Special Commission meeting on Commissioner Figueroa’s motion and Commissioner Keel’s second. Secretary Materne and Commissioners Casto, Low, Lundgren and Preddy were absent. 5