ETHICS ADVISORY COMMISSION 2019 ANNUAL REPORT

MemorandumDATETOSUBJECTJanuary 21, 2020CITY OF DALLASHonorable Mayor and Members of the City CouncilETHICS ADVISORY COMMISSION 2019 ANNUAL REPORTIn accordance with Dallas City Code Chapter 8, Section 8-1.1, the Ethics AdvisoryCommission is submitting its Annual Report of the Commission’s activities for yourreview.Timothy Powers, ChairEthics Advisory Commissionc:T.C. Broadnax, City ManagerBilierae Johnson, City Secretary

ETHICS ADVISORY COMMISSION2019ANNUAL REPORT

ETHICS ADVISORY COMMISSION2019 ANNUAL REPORTTABLE OF CONTENTSETHICS ADVISORY COMMISSION MEMBERS Attendance LogTAB 1MISSION STATEMENTTAB 2ACCOMPLISHMENTSTAB 3COMPLAINTS ADDRESSED IN 2019TAB 4

TAB 1

COMMISSIONERSThe Ethics Advisory Commission is composed of seven members appointed by the fullCity Council. At each biennial appointment, the Mayor determines the interview methodfor all nominees submitted for consideration (i.e., interview by full City Council, a CityCouncil Committee, or Ad-Hoc Committee established for this purpose).Current MembersPositionMember as ofTimothy E. Powers, Chair49/30/19Molly E. Whitman, Vice-Chair59/30/19Paul D. Castillo14/17/18Thomas P. Perkins29/27/19Royce B. West, II33/30/17Cassandra Hernandez610/04/19Pam R COMMISSIONERS SERVING IN 2019CommissionerPositionOriginalAppointment DateJohn N. Rogers410/09/15Scott Shirley212/22/17Eileen F. Rosenblum34/12/17William M. 010102

2019ETHICS ADVISORY COMMISSIONCOMMISSIONER ATTENDANCE LOG2019 MEETING DATESPaul CastilloThomas PerkinsRoyce West, IITimothy PowersMolly WhitmanCassandra HernandezPam PPPPLEGEND: A ABSENT, P PRESENT, V VACANT, T TERM ENDED, R REPLACED/RESIGNED

TAB 2

MISSION STATEMENTThe Ethics Advisory Commission is an advisory body having the jurisdiction to review andmake findings concerning any alleged violation of Chapter 12A (Code of Ethics) of theDallas City Code. It can make findings concerning any persons subject to the provisionsof the Code, including but not limited to current city officials and employees, former cityofficials and employees and persons doing business with the city. Complaints must befiled within one year after the date of the alleged violation(s).The Ethics Advisory Commission has the power to:(1) Establish, amend, and rescind rules and procedures governing its own internalorganization and operations in a manner and form consistent with this article.(2) Meet as often as necessary to fulfill its responsibilities.(3) Request from the city manager through the city council the appointment of suchstaff as is necessary to carry out the duties of the commission.(4) Review, index, maintain on file, and dispose of sworn complaints.(5) Make findings of fact as necessary for the disposition of a complaint.(6) Make notifications, extend deadlines, and conduct investigations of violationswithin the jurisdiction of the Ethics Advisory Commission.(7) Advise and make recommendations to the city council concerning the city’sethics code and ethics policies.(8) Make determinations that complaints are frivolous, make findings of facts, andsanction persons who file frivolous complaints.(9) Such other powers as are specifically granted in this chapter or by the citycouncil.[Dallas City Code, Chapter 12A, Section 25(c)]

TAB 3

ACCOMPLISHMENTSComplaint Activity:The Ethics Advisory Commission met as a body two times this year (see Tab 1). The CitySecretary’s Office received 21 ethics complaints for the year. A Preliminary Panel of theEthics Advisory Commission met to hear complaints 18 times (see Tab 4).Future Goals:The Ethics Advisory Commission will continue to emphasize education and training asintegral parts to an effective city ethics program as a means of achieving an ethicalclimate. The Ethics Advisory Commission will also continue to identify and exploreavenues for the promotion of a healthy ethical culture throughout city government.

TAB 4

COMPLAINTS PROCESSEDDATE FILED1/15/192/12/19COMPLAINANTRESPONDENT(S)Sandra CrenshawPhilip KingstonCouncilmemberSandra CrenshawCity Council Members:MPT Casey Thomas, IICarolyn King ArnoldOmar NarvaezKevin FelderTennell AtkinsMark ClaytonPhilip Kingston2/26/19Lealia McClentonKevin FelderCouncilmember3/12/19Curtis T. HarrisLee M. KleinmanCouncilmember3/15/19Sirrano Keith BaldeoMichael BlairCouncil LiaisonKeith Sirrano BaldeoBrian HasenbauerCommunity DevelopmentCommissioner3/15/193/27/19City Auditor’s Office,Fraud, Waste and AbuseServicesDATE HEARDSTATUS/OUTCOME1/15/19Dismissed by Preliminary Panel. Based upon the evidencesubmitted, the complaint failed to state a claim and was notsupported by just cause under Chapter 12A Dallas City Code(Code of Ethics)3/01/19Dismissed by Preliminary Panel. Based upon the evidencesubmitted, the complaint failed to state a claim and was notsupported by just cause under Chapter 12A Dallas City Code(Code of Ethics)The Panel ordered complainant to show cause why the complaintshould not be considered frivolous.3/22/19The EAC determined the complaints filed were not frivolous.3/19/19Dismissed by Preliminary Panel. Based upon the evidencesubmitted, the complaint failed to state a claim under Chapter12A Dallas City Code (Code of Ethics)4/09/19Dismissed by Preliminary Panel. Based upon the evidencesubmitted, the complaint states a claim and was not supported byjust cause under Chapter 12A Dallas City Code (Code of Ethics)4/09/19Dismissed by Preliminary Panel. Based upon the evidencesubmitted, the complaint states a claim and was not supported byjust cause under Chapter 12A Dallas City Code (Code of Ethics)4/09/19Dismissed by Preliminary Panel. Based upon the evidencesubmitted, the complaint failed to state a claim and was notsupported by just cause under Chapter 12A Dallas City Code(Code of Ethics)4/16/194/16/19 the Preliminary Panel determined Councilmember PhilipT. Kingston may have violated 12A-3 and based upon thatviolation the complaint was supported by just cause, andrecommended it be referred to the Ethics Advisory Commissionfor evidentiary hearing.5/28/195/28/19 the EAC met for the Evidentiary Hearing. Based on theevidence presented, the EAC found that a violation did not occur,and the complaint was dismissed.Philip KingstonCouncilmember

COMPLAINTS PROCESSED (cont.)DATE FILEDCOMPLAINANTRESPONDENT(S)3/27/19City Auditor’s Office,Fraud, Waste andAbuse ServicesMelissa MilesFormer Assistant City Attorney4/04/19Sandra CrenshawVernesha CatheyCouncil Assistant4/04/19Sandra CrenshawAdam MedranoDeputy Mayor Pro Tem4/04/19Sandra CrenshawTerrence PerkinsPark Board Member4/17/19Chris CarterPhilip KingstonCouncilmember4/17/19Chris CarterRenee StricklandLandmark Commissioner4/29/19Dale CoonrodDATE HEARDSTATUS/OUTCOME4/16/19Dismissed by Preliminary Panel. Based upon the evidencesubmitted, the complaint states a claim and was not supportedby just cause under Chapter 12A Dallas City Code (Code ofEthics)4/23/19Dismissed by Preliminary Panel. Based upon the evidencesubmitted, the complaint failed to state a claim under Chapter12A Dallas City Code (Code of Ethics)4/23/19Dismissed by Preliminary Panel. Based upon the evidencesubmitted, the complaint states a claim and was not supportedby just cause under Chapter 12A Dallas City Code (Code ofEthics)4/23/19Dismissed by Preliminary Panel. Based upon the evidencesubmitted, the complaint failed to state a claim under Chapter12A Dallas City Code (Code of Ethics)5/07/19Dismissed by Preliminary Panel. Based upon the evidencesubmitted, the complaint failed to state a claim under Chapter12A Dallas City Code (Code of Ethics)5/07/19Dismissed by Preliminary Panel. Based upon the evidencesubmitted, the complaint failed to state a claim under Chapter12A Dallas City Code (Code of Ethics)5/16/195/16/19 the Preliminary Panel determined CouncilmemberPhilip T. Kingston may have violated 12A-3 and based uponthat violation the complaint was supported by just cause, andrecommended it be referred to the Ethics Advisory Commissionfor evidentiary hearing.Philip KingstonCouncilmember5/28/195/28/19 the EAC met for the Evidentiary Hearing. Based on theevidence presented, the EAC found that a violation did notoccur, and the complaint was dismissed.

COMPLAINTS PROCESSED (cont.)DATE FILED5/03/19COMPLAINANTCatherine H. GarrisonRESPONDENT(S)Mary Jo GiudiceDirector of LibrariesDATE HEARDSTATUS/OUTCOME5/24/195/24/19 the Preliminary Panel determined Mary Jo Giudice mayhave violated 12A-1(g) and Chapter 16, Section 16(b)(3) of theCity Charter and based upon that violation the complaint wassupported by just cause, and recommended it be referred to theEthics Advisory Commission for evidentiary hearing.6/07/196/07/19 the EAC met for the Evidentiary Hearing. Based on theevidence presented, the EAC found that a violation did occur.The complaint was found to have violated Section 12A-10(g) ofthe Dallas City Code and Chapter 16, Section 16(b)(3) of theDallas City Charter.The Ethics Advisory Commission recommends no sanction bemade.5/21/19Kemone Rodgers6/03/19J. Kyle RainsCharletra SharpProgram Administrator6/07/19Dismissed by Preliminary Panel. Based upon the evidencesubmitted, the complaint failed to state a claim under Chapter12A Dallas City Code (Code of Ethics)6/21/19Dismissed by Preliminary Panel. Based upon the evidencesubmitted, the complaint failed to state a claim under Chapter12A Dallas City Code (Code of Ethics)Monica HardmanManaging DirectorPhilip KingstonCouncilmember

COMPLAINTS PROCESSED (cont.)DATE FILED8/23/19COMPLAINANTBarry A. JacobsRESPONDENT(S)Casey Thomas, IICouncilmemberDATE HEARDSTATUS/OUTCOME9/17/199/17/19 the Preliminary Panel determined CouncilmemberThomas may have violated Sections 12A-5(a) and 12A-5(b) andbased upon that violation the complaint was supported by justcause, and recommended it be referred to the Ethics AdvisoryCommission for evidentiary hearing.10/04/1910/04/19 the EAC granted the request of the complainant for acontinuance.10/15/1910/15/19 the EAC met for the continuance of the EvidentiaryHearing. In a 6 to 1 decision, the EAC found a violation ofSection 12-A5(b) of the Dallas City Code and recommended thesanction of “Letter of Notification” be issued to CouncilmemberThomas.11/13/1911/13/19 The City Council accepted the EAC’s written decisionthat Councilmember Thomas’ sanction be that of a letter ofnotification

ETHICS ADVISORY COMMISSION 2019 ANNUAL REPORT . In accordance with Dallas City Code Chapter 8, Section 81.1, the Ethics Advisory - Commission is submitting its Annual Report of the Commission’s activities for your review. Timothy Powers, Chair . Ethics