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HomeMy WebLinkAboutEthics Commission-Minutes-4/8/2004 MINUTES OF THE COLLEYVILLE ETHICS COMMISSION APRIL 8, 2004 The meeting of the Ethics Commission was called to order by Chairperson Linda Bond on April 8, 2004, at 6:02 p.m. ROLL CALL: Commissioners Tom Lisle, Mark Melson, Fred Ballinger, Steve Magee and Richard Newton were present. Chairperson Linda Bond, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 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 6:04 p.m. and reconvened at 6:11 p.m. Executive session was called again at 8:50 p.m. and the regular meeting was reconvened at 8:59 p.m. 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 March 4, 2004 Commissioner Newton moved to approve the minutes of the December 15, 2003 meeting. Commissioner Lisle seconded the motion. Ayes: Nays: Commissioners Lisle, Melson, Ballinger, Newton and Chairperson Bond None Commissioner Magee abstained. Chairperson Bond declared the motion carried. Chair Bond reminded the witnesses that they were still under Oath. City Attorney Ross Foster suggested that upon completion of the evidentiary hearing, that the Complainant be given twenty minutes and each Respondent be given fifteen minutes for closing remarks. ETHICS COMMISSION MINUTES APRIL 8, 2004 Commissioner Magee moved to adopt the procedures as outlined by the City Attorney and Commissioner Lisle seconded the motion. Ayes: Commissioners Lisle, Melson, Ballinger, Newton, Magee and Chairperson Bond Nays: None Chairperson Bond declared the motion carried. IV. Evidentiary Hearing and Action concerning Ethics Complaint by Old Grove Limited Partnership against Earl Swift, Place 3, Planning and Zoning Commission Complainant David Bagwell's Counsel, Mr. Frank Hill, called and questioned witness Mr. Dale Crane. Mr. Conrad Kasselman, Counsel for Mr. Earl Swift, questioned Mr. Crane. Mr. Dale Crane answered questions of the Ethics Commission. Mr. Frank Hill called and questioned witness Mr. Joe Pothoff. Mr. Conrad Kasselman, Counsel for Mr. Earl Swift, questioned Mr. Pothoff. Mr. David Bagwell presented closing remarks. Mr. Kasselman presented closing remarks. V. Consideration and possible adoption of sanctions and written findings - Earl Swift, Place 3, Planning and Zoning Commission Commissioner Lisle moved to dismiss the charges against Mr. Swift as the evidence presented at the hearing failed to establish a violation of the Code of Ethics. Commissioner Ballinger seconded the motion. Ayes: Commissioners Lisle, Ballinger and Chair Bond Nays: Commissioners Newton and Melson Commissioner Magee abstained. Chair Bond declared the motion carried. 2 ETHICS COMMISSION MINUTES APRIL 8, 2004 VI. Evidentiary Hearing and Action concerning Ethics Complaint by Old Grove Limited Partnership against Jeffrey Wall, Place 4, Planning and Zoning Commission Mr. Jeffrey Wall, acting as his own Counsel, questioned Mr. Crane. Mr. Wall questioned Mr. Pothoff. Mr. Pothoff answered questions of the Ethics Commission. Mr. Wall presented closing remarks. VII. Consideration and possible adoption of sanctions and written findings - Jeffrey Wall, Place 4, Planning and Zoning Commission Commissioner Melson moved to dismiss all charges against Mr. Wall as the evidence presented at the hearing failed to establish a violation of the Code of Ethics. Commission Newton seconded the motion. Ayes: Commissioners Lisle, Melson, Ballinger, Newton and Chairperson Bond Nays: None Commissioner Magee abstained. Chairperson Bond declared the motion carried. VIII. Adjournment Chair Bond declared the meeting adjourned at 10:20 p.m. The Ethics Commission may not have cause to meet again to approve the minutes. APPROVED THIS AYES, DAY OF NAYS AND 2004, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 3