HomeMy WebLinkAboutEthics Commission-Minutes-12/15/2003
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Texas
PUBLIC NOTICE
COLLEYVILLE ETHICS COMMISSION
AGENDA
DECEMBER 15, 2003
7:00 P.M.
COLLEYVILLE PUBLIC LIBRARY
MEETING ROOM
110 MAIN STREET
I. Call to Order
II. Executive Session - In accordance with Texas Government Code Chapter 551,
Subchapter 0
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 November 3,2003
IV. Preliminary Review and Action concerning Ethics Complaint by Jo Ann Gasper
against Richard Newton
V. Consideration and adoption of Rules of Procedures and evidence
VI. Evidentiary Hearing and Action concerning Ethics Complaint by Old Grove Limited
Partnership against Earl Swift, Place 3, Planning and Zoning Commission
VII. Consideration and possible adoption of sanctions and written findings - Earl Swift,
Place 3, Planning and Zoning Commission
VIII. Evidentiary Hearing and Action concerning Ethics Complaint by Old Grove Limited
Partnership against Jeffrey Wall, Place 4, Planning and Zoning Commission
IX. Consideration and possible adoption of sanctions and written findings - Jeffrey
Wall, Place 4, Planning and Zoning Commission
X. Adjournment
100 MAIN STREETCOLLEYVILLE, TEXAS 76034 (817) 503-1000
I certify that the above notice was posted on the Bulletin Board at City Hall December 11,
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Cynthia Singleton, TRMC
City Secretary
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.
Ill. 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.
ETHICS COMMISSION MINUTES
DECEMBER 15, 2003
Commissioner Newton recused himself from discussion and voting.
Commissioner Magee moved to dismiss the complaint against Richard Newton based
on the findings as follows:
a.
b.
c.
d.
the complaint was filed untimely
the complaint is defective in that it fails to comport with the
following section(s) of the Code of Ethics 7.1 (3)
the complaint fails to state a violation of the Code of Ethics
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
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ETHICS COMMISSION MINUTES
DECEMBER 15, 2003
Chair Bond declared the motion approved.
Complainant David Bagwell's Counsel, Mr. Frank Hill, provided opening statements and
called witness David Bagwell.
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.
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ETHICS COMMISSION MINUTES
DECEMBER 15, 2003
APPROVED THIS "'7' >'.t\ DAY OF 771o..A-c..-A 2004, BY A VOTE OF
S AYES, 0 NAYS AND 0 ABSTENTIONS.
Minutes taken and prepared by:
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Cynthia Singleton, TRMC
City Secretary
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