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HomeMy WebLinkAboutEthics Commission-Agenda Packets-3/4/2004 citY Of Ie PUBLIC NOTICE COLLEYVILLE ETHICS COMMISSION AGENDA MARCH 4, 2004 7:00 P.M. COLLEYVILLE JUSTICE CENTER 5201 RIVERWALK DRIVE I. Call to Order II. Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Items on the Agenda III. Approval of minutes of the Ethics Commission meeting of December 15, 2003 IV. Evidentiary Hearing and Action concerning Ethics Complaint by Old Grove Limited Partnership against Earl Swift, Place 3, Planning and Zoning Commission V. Consideration and possible adoption of sanctions and written findings - Earl Swift, Place 3, Planning and Zoning Commission VI. Evidentiary Hearing and Action concerning Ethics Complaint by Old Grove Limited Partnership against Jeffrey Wall, Place 4, Planning and Zoning Commission VII. Consideration and possible adoption of sanctions and written findings _ Jeffrey Wall, Place 4, Planning and Zoning Commission VIII. Adjournment I certify that the above notice was posted on the Bulletin Board at City Hall February 23, 2004, at 5:00 p.m. . ~~n~~ City Secretary 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 DRAFT MINUTES OF THE COLLEYVILLE ETHICS COMMISSION DECEMBER 15, 2003 The meeting of the Ethics Commission was called to order by Chair Linda Bond on December 15, 2003, at 7:01 p.m. ROLL CALL: Commissioners Tom Lisle, Steve Magee, Mark Melson, Fred Ballinger and Richard Newton were present. Chair Linda Bond, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. II. Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D Chair Bond explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071 - Legal. She further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:03 p.m. and reconvened at 7:25 p.m. III. Approval of minutes of the Ethics Commission meeting of November 3,2003 Commissioner Newton moved to approve the minutes of the November 3, 2003 meeting. Commission Ballinger seconded the motion. Ayes: Commissioners Lisle, Magee, Melson, Ballinger, Newton and Bond Nays: None Chairperson Bond declared the motion carried. IV. Preliminary Review and Action concerning Ethics Complaint by Jo Ann Gasper against Richard Newton Chair Bond administered the Oath to witnesses. Commissioner Newton recused himself from discussion and voting. ETHICS COMMISSION MINUTES DECEMBER 15, 2003 Commissioner Magee moved to dismiss the complaint against Richard Newton based on the findings as follows: a. the complaint was filed untimely b. the complaint is defective in that it fails to comport with the following section(s) of the Code of Ethics 7.1 (3) c. the complaint fails to state a violation of the Code of Ethics d. the Commission has determined that, based upon the complaint and the evidence properly identified in the complaint, just cause does not exist to show the commission of any of the alleged acts that would constitute a violation of the Code of Ethics. Commissioner Melson seconded the motion. Ayes: Commissioners Magee, Melson, Lisle, Ballinger and Chair Bond Nays: None Chair Bond declared the motion approved. V. Consideration and adoption of Rules of Procedures and Evidence Commissioner Melson moved to approve the adoption of Rules of Procedure and Evidence. Commissioner Newton seconded the motion. Ayes: Commissioners Magee, Melson, Lisle, Ballinger, Newton and Chair Bond Nays: None Chair Bond declared the motion approved. VI. Evidentiary Hearing and Action concerning Ethics Complaint by Old Grove Limited Partnership against Earl Swift, Place 3, Planning and Zoning Commission Commissioner Magee moved to consolidate the hearings for Mr. Swift and Mr. Wall. Commissioner Lisle seconded the motion. Ayes: Commissioners Magee, Melson, Lisle, Ballinger, Newton and Chair Bond Nays: None Chair Bond declared the motion approved. Complainant David Bagwell's Counsel, Mr. Frank Hill, provided opening statements and called witness David Bagwell. 2 ETHICS COMMISSION MINUTES DECEMBER 15, 2003 Respondent Jeffrey Wall's Counsel, Kathryn Lanford, provided opening statements and questioned the witness. Respondent Earl Swift's legal Counsel, Conrad Kasselman, provided opening statements and questioned the witness. Commissioner Magee questioned witness David Bagwell. There was general consensus that the hearing would be continued at a time to be determined. VII. Consideration and possible adoption of sanctions and written findings - Earl Swift, Place 3, Planning and Zoning Commission There was no action taken on this item. VIII. Evidentiary Hearing and Action concerning Ethics Complaint by Old Grove Limited Partnership against Jeffrey Wall, Place 4, Planning and Zoning Commission This item was consolidated with item six. IX. Consideration and possible adoption of sanctions and written findings - Jeffrey Wall, Place 4, Planning and Zoning Commission There was no action taken on this item. X. Adjournment Commissioner Melson moved to adjourn and Commissioner Magee seconded the motion. Chair Bond declared the meeting adjourned at 11 :58 p.m. 3