Active Working Groups - 2024 Kahle) • Race, Identity, and Equity Working Group (Consisting of Luis Soberon and Mary • Working Group to Prepare Calendar of Commission Duties and Responsibilities (Consisting of Ngyuen Stanton-Adams) – Creation of WG approved at July 2022 meeting. • Working Group to Review ERC Complaints Process (Consisting of Luis Soberon, Haksoon Andrea Low and Michael Lovins) – Creation of WG approved at August 2022 meeting.
ETHICS REVIEW COMMISSION REGULAR CALLED MEETING MINUTES FEBRUARY 28, 2024 The Ethics Review Commission convened in a Regular Commission meeting on February 28, 2024, at City Hall, Boards & Commissions Room #1101, at 301 W. 2nd Street in Austin, Texas and via Videoconference. Chair Luis Soberon called the Ethics Review Commission Meeting to order at 6:14 p.m. Commissioners in Attendance: Chair Luis Soberon, Vice-Chair Mary Kahle, Secretary Nguyen Stanton-Adams, and Commissioners Michael Lovins, Haksoon Andrea Low, and William Ross Pumfrey were present at City Hall. Commissioner Edward Espinoza was present remotely, however, due to not having signed the Sovereign Board Attendance and Conflict of Interest form, he will be counted as absent and his votes will be voided. Commissioners Absent: Amy Casto, Edward Espinoza, and Alysa Nuñez. City Staff in Attendance: Lizette Benitez, Staff Liaison; Caroline Webster, Commission Executive Liaison & Assistant City Attorney; and Victoria Hayslett, Commission Executive Liaison & Assistant City Attorney. PUBLIC COMMUNICATION: GENERAL No one registered to speak during public communication. DISCUSSION AND ACTION ITEMS Consideration, discussion, and potential action regarding: 1. Discussion of existing working groups (Race, Identity, and Equity Working Group, Working Group to Prepare Calendar of Commission Duties and Responsibilities, and Working Group to Review ERC Complaints Process), and potential amendments to current working group members. Chair Soberon’s motion to formally disband the Race, Identity, and Equity Working Group, was approved on a unanimous vote of all members present. Commissioner Pumfrey seconded the motion. Voting in favor: Chair Soberon, Vice-Chair Kahle, Secretary Stanton-Adams and Commissioners Lovins, Low and Pumfrey. Commissioners Casto, Espinoza and Nuñez were absent. 1 2. APPROVAL OF MINUTES Approve the minutes of the Ethics Review Commission Regular Meeting on September 27, 2023. Vice-Chair Kahle’s motion to adopt the minutes failed on a 5-1 vote of all members present. Commissioner Lovins seconded the motion. Voting in favor: Chair Soberon, Vice-Chair Kahle, and Commissioners Lovins, Low and Pumfrey. Secretary Stanton-Adams abstained and Commissioners Casto, Espinoza and Nuñez were absent. 3. Approve the minutes of the Ethics Review Commission Regular Meeting on December 13, 2023. Secretary Stanton-Adams’ motion to adopt the minutes failed on a 5-1 vote of all members present. Commissioner Pumfrey seconded the motion. Voting in favor: Vice-Chair Kahle, Secretary Stanton-Adams, and Commissioners Lovins, Low and Pumfrey. Chair Soberon abstained and Commissioners Casto, Espinoza and Nuñez were absent. FUTURE AGENDA ITEMS • Update regarding the prior Candidate Forums surrounding the Austin …
REGULAR CALLED MEETING of the ETHICS REVIEW COMMISSION DECEMBER 13, 2023 at 6:00 P.M. AUSTIN ENERGY HEADQUARTERS, ROOM #1111a 4815 MUELLER BOULEVARD AUSTIN, TEXAS 78723 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 Andrew Cates 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. DISCUSSION AND ACTION ITEMS Consideration, discussion, and potential action regarding: 1 1. 2. 3. Review and evaluation of the contribution limits established in Chapter 2-2 (Campaign Finance) and consider making recommendations to the City Council as to those limits. Discussion and possible action regarding revisions to City Code 2-2 (Campaign Finance). APPROVAL OF MINUTES FUTURE AGENDA ITEMS Approve the minutes of the Ethics Review Commission Regular Meeting on September 27, 2023. 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 are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days (48 hours) before the meeting date. Please call Lizette Benitez, Wajiha Rizvi, or Victoria Hayslett at the Law Department, at (512) 974-2268 for additional information; TTY users’ route through Relay Texas at 711. For more information on the Ethics Review Commission, please contact Wajiha Rizvi at (512) 974-2171. For the 2023 meeting schedule, agendas, and additional …
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 DRAFT ORDINANCE NO. ____________ AN ORDINANCE AMENDING CITY CODE CHAPTER 2-2 TO CLARIFY THE LEGAL REQUIREMENTS AND PROCESSES FOR CANDIDATES WHO SUBMIT A VOLUNTARY CAMPAIGN CONTRACT, TO ENSURE CITY CODE IS IN COMPLIANCE WITH COURT DECISIONS REGARDING THE GENERAL ELECTION CAMPAIGN FINANCE PERIOD, AND TO DELETE OBSOLETE REFERENCES TO THE TERM “DATA FILE.” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Section 2-2-2 (Definitions) is amended add a new Subsection (24) to read: (24) VOLUNTARY CAMPAIGN CONTRACT CAMPAIGN PERIOD applies only to those candidates who have elected to submit the voluntary campaign contract and means the time period beginning when a candidate timely submits a campaign contract in accordance with Article 2 of this Chapter and ending on the date of the general election. PART 2. Subsections (A), (B), and (G) of Section 2-2-7 (Commencement of Campaign Period) are amended to read: A) A [general election,] special election[,] and a runoff election each have a separate campaign period for purposes of City Charter Article III, Section 8 (Limits on Campaign Contributions and Expenditures) and this chapter. The contribution limits set forth in City Charter Article III, Section 8 (Limits on Campaign Contributions and Expenditures) apply separately to each general election, runoff election, and special election. (B) There is no mandated campaign period for a general election, except for the voluntary campaign contract campaign period for candidates who timely submit the voluntary campaign contract as provided in Section 2-2-11(B). [The campaign period for a general election begins the 365th day before the date of the general election.] (G) A candidate may only raise funds for a[n] special or runoff election during an authorized campaign period. PART 3. Subsection (B) of Section 2-2-11 (Voluntary Campaign Contract) is amended to read: (B) A candidate must submit a personally signed [the] campaign contract no later than the earliest occurring deadline below[the earlier of]: (1) 30 days after [he or she becomes a candidate under the Texas Election Code] the date the individual files an appointment of campaign treasurer or an amendment of campaign treasurer with the City Clerk’s office, if the applicable form was …
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 …
§ § § § § § § 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
1. REGULAR CALLED MEETING of the ETHICS REVIEW COMMISSION AUGUST 23, 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 Nunez Edward Espinoza William Ross Pumfrey Mikki Teneyuca 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 Daniel Llanes against José Velásquez raising claimed violations of City Code Chapter 2-7 (Ethics and Financial Disclosures), Subsection 2-7-72(E) (Reports). PRELIMINARY HEARING 2. A complaint filed by Daniel Llanes against José Velásquez raising claimed violations of City Code Chapter 2-7 (Ethics and Financial Disclosures), Subsection 2-7-72(E) (Reports). 3. Approve the minutes of the Ethics Review Commission Regular Meeting on June 28, 2023. APPROVAL OF MINUTES 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 are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days (48 hours) before the …
ETHICS REVIEW COMMISSION REGULAR CALLED MEETING MINUTES AUGUST 23, 2023 The Ethics Review Commission convened in a Regular Commission meeting on August 23, 2023, at City Hall, Boards & Commissions Room #1101, at 301 W 2nd Street in Austin, Texas and via Videoconference. Chair Soberon called the Ethics Review Commission Meeting to order at 6:06 p.m. Commissioners in Attendance: Chair Luis Soberon, Vice-Chair Mary Kahle, and Commissioners Amy Casto, Edward Espinoza, Haksoon Andrea Low, Michael Lovins, William Ross Pumfrey, and Sidney Williams were present at City Hall. Commissioners in Attendance Remotely: Commissioner Alysa Nuñez. Commissioners Absent: Secretary Nguyen Stanton-Adams and Commissioner Mikki Teneyuca. Vacancy: None. City Staff in Attendance: Lizette Benitez, Staff Liaison; and Victoria Hayslett, Commission Executive Liaison & Assistant City Attorney. PUBLIC COMMUNICATION: GENERAL One speaker, Christina Flores, signed up for General Communication in person and was allotted three minutes to speak. EXECUTIVE SESSION 1. 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: A complaint filed by Daniel Llanes against José Velásquez raising claimed violations of City Code Chapter 2-7 (Ethics and Financial Disclosure), Subsection 2-7-72(E) (Reports). The Commission went into Executive session at 6:12 p.m. Commissioner Nuñez abstained from items 1 and 2 and did not participate in Executive Session. 1 The Commission reconvened the public meeting at 7:19 p.m. However, Commissioner Nuñez did not rejoin the meeting. PRELIMINARY HEARING A complaint filed by Daniel Llanes against José Velásquez raising claimed violations of City Code Chapter 2-7 (Ethics and Financial Disclosure), Subsection 2-7-72(E) (Reports). Parties attending: Complainant’s counsel Bill Aleshire, Complainant Daniel Llanes, and Respondent’s counsel Ross Fischer. All parties signed oath forms and spoke on item 2. The Commission heard opening statements from Bill Aleshire, Counsel for Complainant, and Ross Fischer, Counsel for the Respondent. The Commission then asked questions of the parties. Commissioner Low’s motion to find reasonable grounds that a violation occurred and set a final hearing was seconded by Vice-Chair Kahle. The motion was tabled by unanimous consent. Counsel for Respondent Ross Fischer provided an admission to the Commission that there was a violation to counts 1, 2, and 4 on the complaint filed. Commissioner Williams’ motion to find that an admission has been made to counts 1, …
City of Austin Ethics Review Commission LETTER OF ADMONITION August 31, 2023 Hon. José Miguel Anwar Velásquez City of Austin Ethics Review Commission Determination of Sanctions under City Code, Section 2-7-48(C)(2) TO: FROM: DATE: RE: In accordance with Chapter 2-7 of the Austin City Code, this letter is to advise you that the City of Austin Ethics Review Commission (the “Commission”) has completed its consideration of the complaint filed with the Commission against you on July 14, 2023. The Complaint alleges that you violated Austin City Code, Chapter 2-7-72(E), which deals with information required for disclosure in required Statements of Financial Information (“SFI”). The Complaint states you violated these provisions by failing to include certain income sources and board membership in your 2021 and 2022 SFI filings. During the preliminary hearing on the complaint, through your counsel you admitted that three of the four violations cited in the complaint (as set out in Counts 1, 2, and 4) had occurred. The Commission determined based on those admissions and the available record that the violations set out in Counts 1, 2, and 4 had occurred, and also found that reasonable grounds did not exist to believe that a violation of Austin City Code had occurred with respect to Count 3 of the complaint. The Commission recognizes that you filed corrected SFIs including certain information that had not been provided previously, and that you admitted to violations at the hearing, which you assert were inadvertent. The Commission directs that you be mindful of the various provisions of Austin City Code that are the subject of this complaint as well as all other applicable provisions of the Austin City Code moving forward in your future financial disclosures. Based on those determinations, the Commission issues this letter of admonition to you. This action is effective as of the 31st day of August 2023. CITY OF AUSTIN ETHICS REVIEW COMMISSION Luis Soberon Chair, Ethics Review Commission
§ § § § § § § CITY OF AUSTIN ETHICS REVIEW COMMISSION Complaint No. 20230714 Daniel Llanes Complainant v. Jose Velasquez Velásquez Respondent ORDER ON PRELIMINARY HEARING I. PROCEDURAL HISTORY On July 14, 2023, Daniel Llanes (“Complainant”) submitted to the Austin City Clerk (“City Clerk”) a Sworn Complaint (“the Complaint”) against Jose Velásquez (“Respondent”). On July 14, 2023, the City Clerk sent a copy of the Complaint and a notice of filing to the City Attorney, the Chair of the Ethics Review Commission (“the Commission”), Complainant, and Respondent. The Complaint alleged that Respondent violated Section 2-7-72(E)(Reports), which deals with information required for disclosure in required Statements of Financial Information (“SFI”). On August 23, 2023, the Commission conducted a Preliminary Hearing. During the hearing, Respondent’s counsel admitted that three of the four violations cited in the complaint (as set out in Counts 1, 2, and 4) had occurred and that corrected SFIs had been filed. The Commission determined based on those admissions and the available record that the violations set out in Counts 1, 2, and 4 had occurred, and also found that reasonable grounds did not exist to believe that a violation of Austin City Code had occurred with respect to Count 3 of The Commission further determined that a letter of admonition be issued to the City of Austin Ethics Review Commission ORDER ON PRELIMINARY HEARING – PAGE 1 the complaint. Respondent. The agenda for the August 23, 2023 meeting of the Commission and Preliminary Hearing in this matter was timely posted by August 18, 2023. The Preliminary Hearing was properly noticed in accordance with Chapter 2-7 of the City Code and the Texas Open Meetings Act. The Commission has jurisdiction over Chapter 2-7-72 of the City Code (Reports). 1. Counsel for the Complainant and Respondent appeared at the hearing and made statements II. FINDINGS OF FACT 2. Complainant’s counsel provided documentary evidence attached to his complaint as well as for purposes of the hearing. Respondent’s counsel submitted a written response for 3. During the hearing, Complainant’s counsel reiterated the evidence attached to his under oath. purposes of the hearing. complaint. 4. During the hearing, Respondent’s counsel referred to the written response provided for purposes of the hearing and described corrective measures taken by Respondent. III. CONCLUSIONS OF LAW 1. Respondent agreed to three of the four violations cited in the complaint (as set out in Counts 1, …
REGULAR CALLED MEETING of the ETHICS REVIEW COMMISSION JUNE 28, 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 or contact Meredith Mooney at (512) 974-2667 or meredith.mooney@austintexas.gov. Vice-Chair Mary Kahle Haksoon Andrea Low Vacancy – District 3 Vacancy – Mayor’s nominee Secretary Nguyen Stanton-Adams William Ross Pumfrey Mikki Teneyuca 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. DISCUSSION AND ACTION ITEMS Consideration, discussion, and potential action regarding: 1 1. 2. 3. 4. Review of the jurisdictional determination for the complaint filed by Janice Felder against John Umphress, raising claimed violations of City Code Chapter 2-1 (City Boards), Section 2-1-48 (Rules of Order). Review and approve potential amendments to City Code Chapter 4-8 (Regulation of Lobbyists), Sections 4-8-8 (Appearance) and 4-8-10 (Audit). APPROVAL OF MINUTES Approve the minutes of the Ethics Review Commission Regular Meeting on May 24, 2023. Approve the minutes of the Ethics Review Commission Special Called Meeting on June 5, 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 are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days (48 hours) before the meeting date. Please call Lizette Benitez, Wajiha …
ETHICS REVIEW COMMISSION REGULAR CALLED MEETING MINUTES JUNE 28, 2023 The Ethics Review Commission convened in a Regular Commission meeting on June 28, 2023, at City Hall, Boards & Commissions Room #1101, at 301 W 2nd Street in Austin, Texas and via Videoconference. Chair Soberon called the Ethics Review Commission Meeting to order at 6:14 p.m. Commissioners in Attendance: Chair Luis Soberon, Secretary Nguyen Stanton-Adams and Commissioners Amy Casto, Haksoon Andrea Low, Michael Lovins, William Ross Pumfrey, Mikki Teneyuca and Sidney Williams were present at City Hall. Commissioners in Attendance Remotely: None. Commissioners Absent: Vice-Chair Mary Kahle. Vacancy: Mayor’s nominee and District 3 nominee. City Staff in Attendance: Lizette Benitez, Staff Liaison; and Victoria Hayslett, Commission Executive Liaison & Assistant City Attorney. PUBLIC COMMUNICATION: GENERAL No one registered to speak during Public Communication. DISCUSSION AND ACTION ITEMS Consideration, discussion, and potential action regarding: 1. Review of the jurisdictional determination for the complaint filed by Janice Felder against John Umphress, raising claimed violations of City Code Chapter 2-1 (City Boards), Section 2-1-48 (Rules of Order). Prior to the June Regular Commission meeting, Chair Soberon made the determination that the Felder-Umphress complaint was not within the jurisdiction of the Commission. No action was taken on this agenda item. 2. Review and approve potential amendments to City Code Chapter 4-8 (Regulation of Lobbyists), Sections 4-8-8 (Appearance) and 4-8-10 (Audit). 1 Corrie Stokes City Auditor, briefed the Commission on the amendments to City Code Chapter 4-8 (Regulation of Lobbyists), Sections 4-8-8 (Appearance) and 4-8-10 (Audit), made by the Law Department. The Commission asked questions of City Auditor Stokes. Chair Soberon’s motion to approve the amendments to City Code Chapter 4-8 with the change to replace “periodically” with “every 3 years” was approved on an 8-0 vote of all members present. The motion was seconded by Commissioner Williams. Voting in favor: Chair Soberon, Secretary Stanton-Adams and Commissioners Casto, Low, Pumfrey, Lovins, Teneyuca and Williams. Vice-Chair Kahle was absent. Chair Soberon briefly recessed the meeting at 6:39 p.m., and called the meeting back into session at 6:41 p.m. APPROVAL OF MINUTES 2023. 3. Approve the minutes of the Ethics Review Commission Regular Meeting on May 24, Secretary Stanton-Adams’ motion to adopt the minutes was approved on a 7-1 vote of all members present. The motion was seconded by Commissioner Teneyuca. Voting in favor: Secretary Stanton-Adams and Commissioners Casto, Low, Pumfrey, Lovins, Teneyuca and Williams. Chair Soberon …
ETHICS REVIEW COMMISSION RECOMMENDATION 20230628-001 Date: June 28, 2023 Subject: Lobbyist Appearance and Audit Motioned By: Chair Luis Soberon Seconded By: Commissioner Sidney Williams Recommendation Recommend that Austin City Council approve the proposed amendments to City Code Chapter 4-8 (Regulation of Lobbyists), Sections 4-8-8 (Appearance), and 4-8-10 (Audit). The commission voted to approve the attached proposed ordinance at its June 28, 2023 meeting. Vote: 8-0 of the 8 members present For: Chair Luis Soberon, Secretary Nguyen Stanton-Adams, Amy Casto, Haksoon Andrea Low, William Ross Pumfrey, Michael Lovins, Mikki Teneyuca, Sidney Williams Against: None Absent: Vice-Chair Mary Kahle Attest: Wajiha Rizvi Assistant City Attorney & Executive Liaison Ethics Review Commission 1 of 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4-8 OF THE CITY CODE RELATING TO LOBBYING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Subsection (C) of City Code Section 4-8-8 (Appearance) is amended to read: § 4-8-8 APPEARANCE. (C) A person who communicates directly [in person] with a City official for compensation on behalf of another person during a scheduled meeting on a municipal question shall disclose in writing to the city department, or office: (1) the name and address of the person; (2) the name of the City official with whom they are meeting; (3) the name of the client or person on whose behalf the appearance or contact is made; and (4) a statement regarding whether the person has received or expects to receive compensation for the appearance or contact. 18 PART 2. City Code Section 4-8-10 (Audit) is amended to read: 19 § 4-8-10 [AUDIT] REVIEW. The city auditor shall [annually] review the recorded information described in 4-8- 8(E) every three years [conduct an audit of a statistically representative random sample of lobby registrants, but not less than five percent of registrants,] to ensure [that registrants' filings are in] compliance and to assess the risk of non-compliance. Not later than the 14th business day after finding an apparent violation, the auditor shall notify the city clerk, the city attorney, and the Ethics Review Commission. PART 3. This ordinance takes effect on _______________, 2023. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 1 2 3 4 5 6 7 8 9 10 11 12 13 PASSED AND APPROVED § § …
2020 - 2022 Internal Review Report ETHICS REVIEW COMMISSION This report covers Ethics Review Commission activity from 01/01/2020 to 12/31/2022 The Board/Commission mission statement is set forth in the following provisions of the City Code: § 2-1-145 - ETHICS REVIEW COMMISSION. The Ethics Review Commission has duties and responsibilities established by Chapter 2-2 (Campaign Finance) and Chapter 2-7 (Ethics and Financial Disclosure). § 2-2-65 OTHER CONSIDERATIONS FOR CAMPAIGN CONTRACT. (A) A candidate who signs a campaign contract must participate in a series of candidate forums, whether or not the candidate qualifies for funds. (B) The Ethics Review Commission shall produce not fewer than three forums for each contested race as follows: (1) (2) one forum must air on public access television; and other forums may be produced and made available to the public by radio, broadcast, publication on the Internet, or other means approved by the commission. (C) (D) (E) The City shall make recordings of audio or video forums available to the public at all branches of the City library. The City may purchase advertising promoting the candidate forums. The Ethics Review Commission shall establish equitable guidelines to coordinate and produce the candidate forums. § 2-7-26 FUNCTIONS. The Ethics Review Commission has jurisdiction over this chapter, Section 2-1-24 (Conflict of Interest and Recusal), Chapter 2-2 (Campaign Finance), Chapter 4-8 (Regulation of Lobbyists), and Article III, Section 8, of the City Charter (Limits on Campaign Contributions and Expenditures). The commission shall hear and rule on sworn complaints alleging violations of the provisions within the commission’s jurisdiction. The city manager shall provide funding for all necessary and reasonable functions of the commission in fulfilling its duties. § 2-7-30 DUTIES. (A) The Ethics Review Commission shall, in addition to its other duties: Page 1 of 12 (1) (2) (3) (4) (5) (6) (7) (1) (2) (3) prescribe forms for reports, statements, notices, and other documents required by the provisions within the commission’s jurisdiction; prepare and publish materials explaining the duties of individuals subject to the provisions within the commission’s jurisdiction; accept and file any information voluntarily supplied that exceeds the requirements of the provisions within the commission’s jurisdiction; preserve statements and reports filed with the commission for a period of five years from the date of receipt; review the provisions within the commission’s jurisdiction and make appropriate recommendations to the city council concerning the provisions within the commission’s jurisdiction, and perform an …
SPECIAL CALLED MEETING of the ETHICS REVIEW COMMISSION JUNE 5, 2023 at 6:00 P.M. AUSTIN PERMITTING & DEVELOPMENT CENTER, PDC ROOM, #1405 6310 WILHELMINA DELCO DRIVE AUSTIN, TEXAS 78752 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 or contact Meredith Mooney at (512) 974-2667 or meredith.mooney@austintexas.gov. Vice-Chair Mary Kahle Haksoon Andrea Low Vacancy – District 3 Vacancy – Mayor’s nominee Secretary Nguyen Stanton-Adams Vacancy - District 8 Mikki Teneyuca 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 1. A complaint filed by Teri Adams against Hanna Cofer raising claimed violations of City Code Chapter 2-1 (City Boards), Section 2-1-24 (Conflict of Interest and Recusal). 2. A complaint filed by Teri Adams against Evan Taniguchi, raising claimed violations of City Code Chapter 2-1 (City Boards), Section 2-1-24 (Conflict of Interest and Recusal). PRELIMINARY HEARING 3. A complaint filed by Teri Adams against Hanna Cofer, raising claimed violations of City Code Chapter 2-1 (City Boards), Section 2-1-24 (Conflict of Interest and Recusal). 4. A complaint filed by Teri Adams against Evan Taniguchi, raising claimed violations of City Code Chapter 2-1 (City Boards), Section 2-1-24 (Conflict of Interest and Recusal). FUTURE AGENDA …
ETHICS REVIEW COMMISSION SPECIAL CALLED MEETING MINUTES JUNE 5, 2023 The Ethics Review Commission convened in a Special Called meeting on June 5, 2023, at Austin Permitting and Development Center, Room #1405, at 6310 Wilhelmina Delco Drive in Austin, Texas and via Videoconference. Chair Soberon called the Ethics Review Commission Meeting to order at 6:27 p.m. Commissioners in Attendance: Chair Luis Soberon, Secretary Nguyen Stanton-Adams and Commissioners Amy Casto, Haksoon Andrea Low, Mikki Teneyuca and Sidney Williams were present at the Permitting and Development Center. Commissioners in Attendance Remotely: None. Commissioners Absent: Vice-Chair Mary Kahle and Commissioner Michael Lovins. Vacancy: Mayor’s nominee, District 3 nominee, District 8 nominee. City Staff in Attendance: Meredith Mooney, Staff Liaison; and Wajiha Rizvi, Commission Executive Liaison & Assistant City Attorney. PUBLIC COMMUNICATION: GENERAL Three speakers signed up for General Communication in person and were each allotted three minutes to speak. Laura Massengale, Dorothy Lopez Barnett and Nina Miller all spoke regarding the Zilker Vision Plan. EXECUTIVE SESSION The Commission went into Executive Session at 6:39 p.m. Wajiha Rizvi advised the Commission. 1. A complaint filed by Teri Adams against Hanna Cofer raising claimed violations of City Code Chapter 2-1 (City Boards), Section 2-1-24 (Conflict of Interest and Recusal). 2. A complaint filed by Teri Adams against Evan Taniguchi, 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: 1 3. A complaint filed by Teri Adams against Hanna Cofer, raising claimed violations of City Code Chapter 2-1 (City Boards), Section 2-1-24 (Conflict of Interest and Recusal). The Commission reconvened the public meeting at 7:48 p.m. and called forward two public speakers, Scott Cobb and Laura Massengale to speak on items 3 and 4. Scott Cobb and Laura Massengale both spoke on this item. Parties Attending: Complainant Teri Adams and Respondent’s counsel Ross Fischer, all appeared in person. All parties signed an oath form and spoke on item 3. The Commission heard opening statements from Complainant Teri Adams and counsel for the Respondent, Ross Fischer. The Commission then asked questions of both parties. Secretary Stanton-Adams’ motion to find that there are reasonable grounds that a violation of City Code section 2-1-24 (Conflict of Interest and Recusal) has occurred failed on a 4-2 vote of all members present and thereby the complaint against Respondent Cofer was dismissed. Commissioner Teneyuca …
