Ethics Review Commission - Regular Meeting

Alright. The time is 03:00, so I'll go ahead and call, this meeting of ethics review commission of the city of Round Rock to order. Start off with a roll call. Chairman Collins, present. Commissioner Craig? Present. Commissioner Jones? Commissioner Litwin? Present. Commissioner Morales?

Present.

Commissioner Royer? Present. Commissioner Tack?

Present.

Excellent. And was there any citizen comments turned in?

No, sir.

Okay.

Alright. So we'll move on to agenda item d, which is the public hearing, which is to conduct the final hearing on the complaint filed by Michael Brown against Valerie Lacourre Francois and Joshua Wilcox. This time, we wanted to give both parties the opportunity to make any statements or provide any additional evidence if you have it. You ready, mister Brown?

Yes.

Miss Franklin, will you swear him in?

All right. First of all, Happy New Year to everyone here. I appreciate the opportunity to be able to present at a final hearing. We're going to start this off by first outlining the perjury and falsification law surrounding public meetings. Is he allowed to interrupt my

What's that? Yeah. If he has an objection.

Is there objection, mister Dietz?

He has an objection, and I have a motion to make.

Okay.

If I may take

this Okay.

I have provided some briefing to counsel, I the counsel for the commission, which I hope has been distributed to you all. And it is fundamental that when a body sits in an adjudicated matter, which is what you all are doing here, whether or not you're in a courtroom, a judge, or at a commission hearing with one of the state commissions, or like you here, that you must have jurisdiction to consider what the event that you are expected to make a decision on. In this case, the complainant complains of a disagreement with determinations made by employees of the city. You, as an ethics commission board, have no authority to make any decisions about an ordinary, in

the

course scope of business, determination. And as I explained in my briefing, there's one case that talks about a commission's jurisdiction and I have provided that to Mr. Cochrane and I've provided it hopefully to you all. I have extra copies if you have not seen it and I highlighted the language. And a body like yours has very limited jurisdiction.

Jurisdiction. It cannot consider things that are outside of what its proper purpose is. It can't make decisions about it. In fact, it can't even consider it. And so before, in any courtroom or any commission hearing, a body body like yours hears evidence, it must determine whether or not it has the jurisdiction to determine the outcome of the hearing.

And I'm going to ask you to make that determination first as it would occur in all cases. Because if this body doesn't have jurisdiction, it can't hear a presentation, it can't hear evidence, it can't make a decision, it will end these proceedings. There are other forums that Mr. Brown can seek in which would have jurisdiction about his complaints. This limited purpose body, the Ethics Commission, has no such jurisdiction.

I could go on and explain it at greater length, but I don't think I'm the right person to rely on for that. You have counsel, mister Cochran. I've given him the law. I've given each of you a good understanding as to what your body's commission has by virtue of this ordinance and state statute, and finally, a court decision as to what you can consider. So before this body proceeds, I ask that this body rules on my objection and that if necessary, you consult with counsel before that ruling. Thank you.

Okay. Based on that, we're going to take a brief pause pursuant to section five five one dash zero seven one to go into executive session to review with counsel. 03:05. The time is 03:05. Alright.

The time is 03:31 and returning to the session. Before we move further, I just wanted to read a couple of things to help provide some clarity and insight. The first is section two dash one sixteen a, which is kind of the the general premise of why the ethics review commission exists. It states that the policy of the city it is the policy of the city that the proper operation of a democratic government requires that city officials and employees be independent and partial and responsible to the people, the government decisions, and policy be made in proper channels of the government structure. That public office not be used for personal gain, and that the public have confidence in the integrity of its government in recognition of these goals.

Code of ethics for all city officials and employees is adopted. After the prehearing, outside counsel that we have for the ethics review commission provided the commission a memorandum. I'm not going to read all of it, but the final paragraph helps gives a little bit more clarity too. It says when viewing the other canons collectively, it becomes clear that the others in section, two dash one eighteen b two should be interpreted to mean other individual people. It does not include the city of Round Rock, groups, associations, or businesses.

This means that an official appointee or employee of the city of Round Rock who intentionally or knowingly uses their official position or city owned facilities, equipment, or supplies for the pecuniary gain or advantage of the city of Round Rock has not committed a violation of section two one eighteen b two because others does not include the city of Round Rock. So going back to where we were, there was a motion by mister Dietz, which is sustained. Commission, is there any motion on the floor?

I move that we dismiss the complaint for lack of jurisdiction.

Is there a second? Second. All those in favor,

aye. Aye.

Any opposed? Okay. Motion carries, and the complaint is dismissed.

Am I able to provide a comment or response?

Not at this time.

Not at this time. No.

Okay. Is there any capacity to do that afterwards? There

is, but not not through the ethics review commission. I think there are other avenues and venues that you might or should pursue. I can't give you advice on that.

I appreciate it.

But it doesn't fall within the confines of the Ethics Review Commission.

Time. I appreciate it.

Thank you, mister Brown.

Thank you. You all take care. Happy New Year.