Approved Minutes — original pdf

Approved Minutes

ETHICS REVIEW COMMISSION REGULAR MEETING MINUTES AUGUST 27, 2025 The Ethics Review Commission convened in a regularly called Commission meeting on August 27, 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 6:06 p.m. Commissioners in Attendance In-Person: Chair Ross Pumfrey, Vice-Chair Brittany Sharkey, Secretary Materne and Commissioners Luis Figueroa, William King, Wallace Lundgren, Brian McGiverin and Jordan Preddy. Commissioners in Attendance Remotely: None. Commissioners Absent: Commissioners Amy Casto, Patrick Keel and Haksoon Andrea Low. Staff in attendance: Caroline Webster, Executive Liaison & Assistant City Attorney; and Lizette Benitez, Staff Liaison. PUBLIC COMMUNICATION: GENERAL Andrew Rivera was allotted three minutes to speak on a non-agenda item, three minutes to speak on Item 4 and three minutes to speak on Item 5. APPROVAL OF MINUTES 1. Approve the minutes of the Ethics Review Commission Special meeting on July 30, 2025. Commissioner Preddy’s motion to approve the minutes was approved on an 8-0 vote of all members present. Vice-Chair Sharkey seconded the motion. Voting in favor: Chair Pumfrey, Vice-Chair Sharkey, Secretary Materne and Commissioners Figueroa, King, and Lundgren, McGiverin and Preddy. Commissioners Casto, Keel and Low 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. 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 to 1 3. discuss: a jurisdictional determination regarding the Chair’s initial decision that the Commission lacks jurisdiction over City Code Section 2-3-5 (Powers and Duties) and lacks jurisdiction over a complaint alleging a violation of Section 2-7-62 (Standards of Conduct), by a City employee in the position held by the Respondent, as alleged in the complaint filed on June 6, 2025, by Andrew Rivera against Lauren Elisabeth Middleton-Pratt. 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 City Code Section 2-3-5 (Powers and Duties) and lacks jurisdiction over a complaint alleging violations of Section 2-7-62 (Standards of Conduct) and 2-7-63 (Prohibition on Conflict of Interest), by a City employee in the position held by the Respondent, as alleged in the complaint filed on August 18, 2025, by Andrew Rivera against Meagan Hilburn-Herndon. The Commission went into Executive Session at 6:16 p.m. to discuss Items 2 and 3. Assistant City Attorney Caroline Webster advised the Commission during executive session. The open meeting resumed at 7:07 p.m. DISCUSSION AND ACTION ITEMS Consideration, discussion, and potential action regarding: 4. Discussion and possible action on a jurisdictional determination regarding the Chair’s initial decision that the Commission lacks jurisdiction over City Code Section 2-3-5 (Powers and Duties) and lacks jurisdiction over a complaint alleging a violation of Section 2-7-62 (Standards of Conduct), by a City employee in the position held by the Respondent, as alleged in the complaint filed on June 6, 2025, by Andrew Rivera against Lauren Elisabeth Middleton-Pratt. The Commission took up Item 4 first following Executive Session. Vice-Chair Sharkey’s motion to affirm Chair Pumfrey’s initial jurisdictional determination that the Ethics Review Commission lacks jurisdiction over City Code Section 2-3-5 and Section 2-7-62 as alleged in the Rivera – Middleton-Pratt complaint was approved on an 8-0 vote of all members present. Commissioner Preddy seconded the motion. Voting in favor: Chair Pumfrey, Vice-Chair Sharkey, Secretary Materne, and Commissioners Figueroa, King, Lundgren, McGiverin and Preddy. Commissioners Casto, Keel and Low were absent. 5. Discussion and possible action on a jurisdictional determination regarding the Chair’s initial decision that the Commission lacks jurisdiction over City Code Section 2-3-5 (Powers and Duties) and lacks jurisdiction over a complaint alleging violations of Section 2-7-62 (Standards of Conduct) and 2-7-63 (Prohibition on Conflict of Interest), by a City employee in the position held by the Respondent, as alleged in the complaint filed on August 18, 2025, by Andrew Rivera against Meagan Hilburn-Herndon. Commissioner Preddy’s motion to affirm Chair Pumfrey’s initial jurisdictional determination that the Ethics Review Commission lacks jurisdiction over City Code Section 2-3-5, Section 2-7-62 and Section 2-7-63 as alleged in the Rivera – Hilburn-Herndon 2 complaint was approved on an 8-0 vote of all members present. Commissioner Preddy seconded the motion. Voting in favor: Chair Pumfrey, Vice-Chair Sharkey, Secretary Materne, and Commissioners Figueroa, King, Lundgren, McGiverin and Preddy. Commissioners Casto, Keel and Low were absent. The Commission took up Item 1 following Item 5 on the agenda, then addressed the remaining items in order. 6. Discussion on Commission authority to bring forth complaints: Review of relevant bylaws and open discussion on whether the ERC wants to initiate this practice in future meetings. Commissioner Materne provided an update to the Commission from the Working Group to Review the ERC Complaint Process. No action was taken. 7. Discussion and possible action regarding the necessity of continuing the Working Group to Prepare Calendar of Commission Duties and Responsibilities. Commissioner Figueroa’s motion to formally discontinue the Working Group to Prepare Calendar of Commission Duties and Responsibilities was approved on an 8-0 vote of all members present. Vice-Chair Sharkey seconded the motion. Voting in favor: Chair Pumfrey, Vice-Chair Sharkey, Secretary Materne, and Commissioners Figueroa, King, Lundgren, McGiverin and Preddy. Commissioners Casto, Keel and Low were absent. FUTURE AGENDA ITEMS • Follow-up report from the Working Group to Review ERC Complaint Process. • Discussion and possible action regarding issues identified by the Working Group to Review ERC Complaint Process: Review of concerns and recommendations related to the complaints process as outlined in the rules and procedures document and Commission discussion. • Staff briefing from the Auditor’s office on the jurisdiction of the Ethics Review Commission. ADJOURNMENT Chair Pumfrey adjourned the meeting at 7:48 p.m. without objections. The preceding minutes were approved on an 8-0 vote of all members present at the September 24, 2025 Regular Commission meeting on Commissioner Preddy’s motion and Commissioner Figueroa’s second. Vice-Chair Sharkey and Secretary Materne were absent. 3