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09-07-2017 (Board of Ethics) Minutes IA/ IN Wylie Board of Ethics CITY OF WYLIE Minutes • Regular Meeting September 7,2017—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road,Bldg. 100 Wylie,TX 75098 CALL TO ORDER Announce the presence of a Quorum. City Manager Mindy Manson opened the first meeting of the Board of Ethics at 6:02 p.m. Members present were William Martin, Steven Wright, Brian Atwood, Quincy Johnson, and Tim Gilchrist. Staff present were City Manager Mindy Manson, Assistant City Manager Chris Holsted, and City Secretary Carole Ehrlich. Also present was City Attorney Ryan Pittman. Manson asked City Secretary Ehrlich to explain the voting system to Board members. Manson explained that the first item on the agenda would be to appoint a chair, once appointed the Chair would conduct the remainder of the meeting. BUSINESS ITEMS 1. Consider, and act upon,the appointment of a Chair of the Wylie Board of Ethics for a term of July 2017 to June 30,2018. Staff/Board Discussion Manson explained that Resolution No. 2015-11 was approved by the City Council April 14, 2015 and established the Rules of Procedure for the Board of Ethics. The Rules state that at the first meeting the Board shall select a Chairperson. Board Action A motion was made by Board member Martin, seconded by Board member Atwood to appoint Steven Wright as Chair of the Board of Ethics for a term of July 2017 and ending June 30, 2018. A vote was taken and the motion passed 5-0. 2. Consider, and act upon,the appointment of a Vice-Chair of the Wylie Board of Ethics for a term from July 2017 to June 30,2018. Board Action A motion was made by Board member Atwood, seconded by Board member Johnson to appoint William Martin as Vice Chair of the Board of Ethics for a term of July 2017 and ending June 30,2018.A vote was taken and the motion passed 5-0. Minutes September 7,2017 Wylie Board of Ethics Page 1 3. Screen,and consider action,on Code of Ethics Complaint 2017-01. Staff/Board/Attorney Comments City Manager Manson addressed the Board stating that on August 8, 2017 staff received a formal complaint from Mr. Jal Dennis relating to alleged violations of the Code of Ethics as specified in Ordinance No. 2014-19. The subjects of the complaint were Wylie Economic Development Corporaton board of directors chairman Marvin Fuller and executive director Sam Satterwhite. Per the established procedures,the complaint was reviewed by the City Attorney prior to review by the Board. Within 31 days of receiving the complaint or inquiry, the Board is required to meet to screen the complaint.At that time,the Board may immediately dismiss a complaint if: a. The alleged violation is a minor or de minimis violation; b. The complaint or inquiry is, on its face, frivolous, groundless or brought for purposes of harassment; c. The matter has become moot because the person who is the subject of the complaint or inquiry is no longer an elected official or board/commission member; d. The person who is the subject of the complaint had obtained a waiver or advisory opinion under Paragraph F of Section 7 of Ordinance No. 2014-19 permitting the conduct; e. The person committed the violation due to oversight and comes into voluntary compliance; - f. The person who submitted the complaint or inquiry does not appear at the hearing or in the opinion of the Board, it would be unfair to the subject of the complaint or inquiry not to have the opportunity to examine the person. Manson explained if the complaint is not dismissed, the Board may schedule a hearing which will procedurally follow the guidelines listed in Resolution No. 2015-11, Section 1,N.Hearings. Manson asked City Attorney Ryan Pittman to address the Board regarding his findings of the complaints. Mr. Pittman explained that his review was limited to the allegations made in the complaint and the information submitted by Mr. Dennis in connection with the complaint. For the purposes of his review, he assumed that the allegations by Mr. Dennis in the complaint were true and did not review any extrinsic evidence or otherwise conduct an investigation into the accuracy of the complaint's allegations, in accordance with the Ethics Ordinance. Pittman explained that the WEDC is a not-for-profit corporation created under the Development Corporation Act.He explained the relevant legal requirements that apply to the WEDC. Complaint against Mr.Marvin Fuller Mr. Pittman explained the complaint in summary is that Mr. Fuller, chairman of the WEDC board of directors, failed to disclose an alleged conflict of interest and allegedly engaged in self-dealing with respect to a 2015 incentive award from the Wylie Economic Development Corporation to Panta Properties LLC, which owns property in the city of Wylie. The complaint alleges that Mr. Fuller neglected to disclose the relationship between Panta Properties, LLC and Inwood Bank, Mr. Fuller's employer. Mr. Pittman addressed the Board stating that in regard to the complaint against Mr. Marvin Fuller, the Ethics Board has jurisdiction to consider the Complaint against Mr. Fuller because he is a"City Official" as defined in Section 1 of the Ethics Ordinance. However, Mr. Pittman stated that he believed the complaint against Mr. Fuller provides insufficient evidence to state a violation of any actionable provision of the Ethics Ordinance. For example, the complaint states that Mr. Fuller was absent at the meeting, November 20, 2015 where the WEDC Board of Directors voted to approve the"incentive award"to Panta Properties. Mr. Fuller thus could take no "official action" with respect to such approval at that meeting. The Complaint goes on to allege that Mr. Fuller was"present in the discussions of the project prior to this approval and has been in all of the meetings since the approval of this award when this award was discussed." Mr. Pittman stated that merely being present in meetings at which discussion of a project or Minutes September 7,2017 Wylie Board of Ethics Page 2 transaction in which the City Official may have an interest does not, without more, state a violation of an actionable provision of the Ethics Ordinance . Pittman stated that the allegations of the Complaint against Mr.Fuller,even if true,would not result in an actionable violation of the Ethics Ordinance. Complaint against Mr. Sam Satterwhite City Attorney Pittman addressed the Board stating that the Board of Ethics does not have jurisdiction to consider the Complaint against Mr. Satterwhite because he is not a"City Official" as that term is defined in Section 1 of the Ethics Ordinance. Therefore, he stated the he finds that the allegations of the Complaint against Mr. Satterwhite, even if true,would not violate the Ethics Ordinance. Pittman explained that the options before the Board were to either dismiss the complaint(s) or consider the complaints) further, either for one or both, and schedule a hearing at a later date and time to hear further merits of the complaint(s).These procedures are described in the Ethics Procedures. Chair Wright opened discussion regarding the complaints. Board member Atwood asked where the complaint of conflict of interest and self-dealing was located and whether it would apply to the five violations, the Board would hear complaints for. Chair Wright stated that according to the Ethics Ordinance, the violations must have a quantifiable violation in order for the Board to take further action on the complaint. Wright stated that the alleged violations were not found in Section 6 of the Ethics Ordinance as violations the Board could consider. Board member Gilchrist asked if a violation of the conflict of interest were stated, does the Board have access to the videos and other evidence of the conflict. Chair Wright explained that this meeting was a screening of the information and whether it violated the Ethics Ordinance. Any evidence would be provided at a hearing if one was requested by the Board. Wright explained that two items need to be examined: was there a financial gain and did this item fall under the six-month rule. This only involves Mr. Fuller and unless someone else sees a reason to further examine the evidence. Mr. Pittman explained 111 that Section 6 states the violations, which the Board may act on, and his opinion is that none of the alleged violations fall under Section 6. City Manager Manson explained that Council's mindset in creating the Ethics Ordinance was that some violations are covered under State Law, such as the Conflict of Interest and are addressed through other venues; therefore, Council chose not to include them in Section 6 of the Ethics Ordinance and become redundant. Chair Wright stated that the Ethics Ordinance strictly states that the.complaints must be filed within six months of the complainants findings of the violation. Mr. Dennis has been following the WEDC since 2006 and has requested or viewed all pertinent information regarding their meeting minutes, audios, and agendas. Therefore, it is reasonable to believe he was aware of the alleged violations in 2015/2016 and therefore would not be within the six-month ruling. Secondly is the matter of any personal financial gain by Mr. Fuller. Chair Wright stated that in his opinion,just because someone works at a location that has banking relationship with a prospective WEDC applicant does not mean that they need to recuse themselves from discussion of the item. This is not going to change their pay or enrich their financial gain.Neither of these hit the threshold of a violation under the Ethics Ordinance. He thanked staff for bringing the item to the Board so all discussion was open and the Board had the opportunity to review the complaints. Board Action A motion was made by Board member Atwood, seconded by Board member Johnson to dismiss the alleged complaints by Mr. Jal Dennis regarding Mr. Marvin Fuller and Mr. Sam Satterwhite. A vote was taken and the motion passed 5-0. Minutes September 7,2017 Wylie Board of Ethics Page 3 4. Consider approval of a Complaint or Inquiry Form. Staff/Board Comments City Manager Manson addressed the Board regarding Ordinance No. 2014-19, Section 7(H)(2) which states that complaints or inquiries are to be submitted in writing on a form approved by the Board. She explained that the form has been created per the Ethics Ordinance and Procedures for Complaints. She requested the Board review and amend, or approve as presented. Board member Gilchrist asked City Manager Manson if a citizen wanted to file a complaint against a "City Official" and it did not fit the five categories in the complaint form, how would they submit and how would it'be processed. Manson replied that the person filing the form would need to choose which of the five violations in the Ethics Ordinance they were submitting. This makes it clear to the Board and attorney's office how to proceed. She noted that in no case would staff make determinations for the Board in reviewing the complaints. Board member Gilchrist asked if a sixth option could be added to include "other" in the event someone wanted to file a complaint that did not fall within the five areas of violations. Manson replied that it could be added however adding it could create complaints that the Ethics Board does not have jurisdiction over. Gilchrist replied that it did give citizens the opportunity to be heard even if it does not fall under the Ethics violations. Board Action A motion was made by Board member Gilchrist, seconded by Board member Atwood to add a sixth option on the form to read"other". A vote was taken and the motion passed 5-0. Board Action A motion was made by Vice Chair Martin, seconded by Board member Gilchrist to approve the form as amended above. A vote was taken and the motion passed 5-0. . ADJOURNMENT A motion was made by Vice Chair Martin, seconded by Board member Gilchrist to adjourn the meeting at 6:40 p.m. A vote was taken and the motion passed 5-0. ifs Quinc 'ohnson,Chair . eal.l.'I,p'• ATTEST: .1 QF TAT v 111 ram( cy,,j. til,itiL0(‘61"(1 Pr9d3VIAL VS7 1,:,-,-.7,;.----- .0 j', ,1. 5 4 'Stephanie Storm,City Secreta� ' ;,, I}b .a ,Ret � ; y- G01".O RRAD6y 6 _ ©1183�/ D S"1TEofTo--- Minutes September 7,2017 Wylie Board of Ethics Page 4