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THE ETHICS REVIEW BOARD WILL NOW COME TO
[1. CALL TO ORDER AND ROLL CALL OF MEMBERS]
ORDER IN A REGULAR MEETING ON OCTOBER 23RD, 2023 AT 6:10 PM AND WE WILL START WITH A ROLL CALL OF MEMBERS.[2. APPROVAL OF MINUTES FROM THE SEPTEMBER 6, 2023 MEETING]
UM, AGENDA ITEM NUMBER TWO.APPROVAL OF MINUTES FROM THE SEPTEMBER 6TH, 2023 MEETING.
WE ALL RECEIVED COPIES OF THOSE.
ARE THERE ANY CORRECTIONS TO THE MINUTES OR IS THERE A MOTION TO APPROVE THE MINUTES AS PRESENTED, PLEASE? A MOTION TO APPROVE.
OH, Y'ALL ARE GONNA HAVE TO FIGHT FOR IT.
ANY FURTHER DISCUSSION? LET'S HAVE A VOTE.
ALL THOSE IN FAVOR OF APPROVING THE MINUTES TO LAST MEETING, PLEASE SAY AYE.
[3. PUBLIC COMMENT]
RIGHTY.SECTION THREE, WE'RE GONNA MOVE ON TO PUBLIC COMMENT.
IF THERE'S ANYONE FROM THE AUDIENCE THAT WISHES TO SPEAK, PLEASE FEEL FREE TO COME UP TO OUR PODIUM.
STATE YOUR NAME AND YOUR ADDRESS PLEASE.
JUSTIN HICKS, 2106 CHERRY HILLS.
UM, SO I GUESS WHAT I WANNA TALK ABOUT IS, UM, HOW WOULD YOU FEEL IF AN UNINTERESTED PARTY PULLED YOUR SEALED PERSONNEL FILE AT YOUR EMPLOYER AND AIRED OUT YOUR BUSINESS PUBLICLY TO ATTEMPT TO SCORE POLITICAL POINT? THAT'S EXACTLY WHAT'S HAPPENING HERE.
I MIGHT REMIND THE BOARD THAT IS IMPOSSIBLE TO COERCE OR INTIMIDATE ANYONE WITH A PERFORMANCE REVIEW THAT LITERALLY GOES DIRECTLY INTO AN UNINTERESTED PARTY'S PRIVATE FILE.
DON'S PERFORMANCE REVIEW IS MEANT FOR HIS EYES ONLY AND FOR HIM TO TAKE NOTE AND CORRECT ISSUES THAT I COME UP WITH, WITH MY OPINION FOR THAT MATTER.
WHEN HR SUBMITS THE INFORMATION IN EXECUTIVE SESSION, THEY DO NOT ATTACH A NAME TO THE COMMENTS FOR A GOOD REASON.
WHAT WE'VE RUN INTO IS A STRANGE DYNAMIC WHERE DON HIMSELF ACTUALLY EXPOSED HIS REVIEW IN MY COMPLAINT TO HIS DEPARTMENT, NOT ME.
SO HOW COULD YOU POSSIBLY BE COERCED? THEN? FOR SOME STRANGE REASON, THE COMPLAINT SUBMITS THE COMPLAINANT SUBMITS FOR INFORMATION TO ATTACH MY NAME TO THE COMPLAINT AND REVIEW THE FILES AND THEN, AND REVIEW THE FILES, AND THEN FILE THIS COMPLAINT THE NEXT DAY.
THAT'S A STRANGE COINCIDENCE FOR THE EVENTS OF THE UNINTERESTED PARTY THAT HAD NO IDEA IT WAS MY COMPLAINT, NOR THE INTERESTED PARTY.
I'M NOT GONNA ACCUSE ANYBODY, BUT SOMETHING'S A LITTLE STRANGE.
YOU CAN'T INTIMIDATE OR COER OR COERCE SOMEONE WHO YOU'VE LITERALLY NEVER BEEN IN A ROOM WITH, NEVER BEEN ON THE PHONE WITH, AND NEVER EMAILED DIRECTLY.
AS PER NIM DON'S EMPLOYMENT CONTRACT WITH THE CITY IN CHAPTER 11, I HAVE THE RIGHT AUTHORITY AND DUTY TO GIVE HIM ANNUAL REVIEWS IN MY HONEST OPINION, ON HIS PERFORMANCE, OR IN SOMETIMES LACK THEREOF.
IT WOULD BE IRRESPONSIBLE TO THE VERY TAXPAYERS THAT PUT ME HERE TO NOT POINT OUT POOR BEHAVIOR OR PERFORMANCE.
WHERE I SEE IT, THE ONLY PERSON'S FREE SPEECH THAT'S BEING VIOLATED RIGHT NOW IS MINE.
YOU ARE SETTING A PRECEDENT THAT I OR COUNSEL CANNOT CRITICIZE A PUBLIC OFFICER THAT IS DOING, IN MY OPINION, A POOR JOB.
AND YOU'RE DAMN RIGHT, I WROTE HIM A BAD PERFORMANCE REVIEW.
AND WHATEVER YOUR DECISION IS, I'M NOT GONNA CHANGE ANYTHING.
I'LL REMIND YOU THAT I HAVE THE SAME FREEDOM OF SPEECH THAT EVERYONE ELSE HAS AS A PUBLIC OFFICER.
I TAKE CRITICISM LIKE A CHAMP, WHETHER TRUE OR NOT.
DYLAN IS ALSO CONSIDERED A PUBLIC OFFICER, AND I HAVE THE RIGHT TO CRITICIZE HIM AND HIS DEPARTMENT AS WELL.
IF YOU REALLY WANNA KNOW WHO RULES YOU LOOK NO FURTHER THAN THE PERSON THAT YOU CANNOT CRITICIZE.
ONE LAST THING I'LL REMIND YOU OF IS THAT AROUND 10 COMPLAINTS HAVE BEEN FILED THIS YEAR ABOUT VARIOUS INDIVIDUALS, YET YOU'VE ONLY SEEN ONES ABOUT ME DON'T CONTROLS WHERE THE COMPLAINTS GO.
PERHAPS THIS IS RETALIATION FOR RECEIVING A BAD EMPLOYEE REVIEW FOOD FOR THOUGHT, AND DIANE IS GONNA BE DISTRIBUTING SOMETHING TO YOU ABOUT A, UM, COMPLAINT THAT GOT SWEPT UNDER THE RUG ABOUT HIM BY A CITIZEN, UH, BY THIS ATTORNEY RIGHT HERE.
UH, TOM CRUISE, 2207 DOVE HAVEN LANE.
UH, I DID NOT INTEND ON SPEAKING, UH, TODAY, BUT JUST AFTER HEARING THAT JUST BUNCH OF GARBAGE, IT JUST KEPT ROLLING OUT.
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REVIEW IN ITSELF IS FINE IF YOU'RE BASICALLY GOING AFTER THAT PERSON AND YOU'RE CRITICIZING THEIR PERFORMANCE, BUT WHEN YOU'RE GOING AFTER A SUBORDINATE THAT WORKED FOR THEM, SAYING THAT THEIR VIEWS NEED TO BE BROUGHT IN LINE WITH COUNSEL OR THAT THEY SHOULD BE TERMINATED, THERE'S A WHOLE DIFFERENCE THERE THAT'S NOT SAYING, HEY, CITY ATTORNEY, YOU DID A BAD JOB THAT'S SAYING CITY ATTORNEY, YOU NEED TO DO THIS ACTION.AND AS FOR THE LIST OF COMPLAINTS AND WHO GOT WHAT GOT PUSHED THROUGH? WELL, SOME PEOPLE DID THINGS THAT WERE IN VIOLATION OF THE ETHICS CODE AND SOME OF THEM WERE JUST COMPLAINTS.
SO THE ONES THAT HAVE GONE THROUGH ARE BECAUSE MR. HICKS DID THINGS THAT CAME BEFORE THE COUNCIL.
THIS, I MEAN, THIS ETHICS COMMITTEE, THAT'S THE DIFFERENCE.
IT'S NOT THAT THERE WAS SOME KIND OF A, HE KEEPS WANTING TO USE THE TERM WITCH HUNT.
THIS IS US BRINGING ISSUES BEFORE WHAT CAME UP.
SOME OF THEM WERE CLEARLY NOT ABLE TO DO IT, AND SO THEY NEVER, YOU'VE NEVER SEEN THEM.
AND AS FOR THE ATTORNEY HERE, SWEEPING ANYTHING UNDER THE RUG, THIS IS, THIS IS NEWS TO ME, SO I CAN'T SPEAK TO THAT, BUT I GOTTA SAY IT SOUNDS ODD.
SO I, I TRUST YOU GUYS WILL MAKE THE RIGHT DECISION AND, UM, I'LL BE GLAD THAT THIS IS THE LAST THING, AT LEAST FOR NOW.
[4.A. Executive (Closed) Session(s) - Texas Open Meetings Act, Section 551.071 Government Code – Consultation with attorney, consultation with the Ethics Compliance Officer to receive legal advice regarding an ethics complaint filed May 23, 2023 and Section 551.074 Personnel Matters to hear a complaint against an officer filed May 23, 2023.]
MOVING ON TO AGENDA ITEM FOUR, A EXECUTIVE CLOSED SESSION.THE TEXAS OPENS OPEN MEETINGS ACT, SECTION 5 51 0.071, GOVERNMENT CODE CONSULTATION WITH ATTORNEY CONSULTATION WITH THE ETHICS COMPLIANCE OFFICER TO RECEIVE LEGAL ADVICE REGARDING AN ETHICS COMPLAINT FILED MAY 23RD, 2023, AND SECTION 5 51 0.074 PERSONNEL MATTERS TO HEAR A COMPLAINT.
AND SO THE ETHICS REVIEW BOARD WILL NOW GO INTO EXECUTIVE SESSION PURSUANT TO SUBCHAPTER D OF THE OPEN MEETINGS ACT, SECTION 5 51 ETAL GOVERNMENT CODE ON THIS 23RD DAY OF OCTOBER, 2023 AT 6:17 PM ALRIGHT, IN THE INTEREST OF TIME, THE ETHICS REVIEW BOARD HAS COMPLETED ITS EXECUTIVE SESSION ON THIS 23RD DAY OF OCTOBER, 2023 AT 6:41 PM THE ETHICS REVIEW BOARD WILL NOW RECONVENE AN OPEN SESSION.
THERE WAS NO FINAL ACTION DECISION OR VOTE WITH REGARD TO ANY MATTER CONSIDERED IN THE EXECUTIVE SESSION JUST CONCLUDED.
[4.B. Consideration and possible action on ethics complaint filed on May 23, 2023.]
MOVING ON TO AGENDA ITEM FOUR B, ACTION ITEMS FROM EXECUTIVE SESSION.WE WILL CONSIDER AND TAKE POSSIBLE ACTION ON THE ETHICS COMPLAINT FILED ON MAY 23RD, 2023.
UM, DID ANYBODY HAVE ANYTHING TO SAY BEFORE I GET A MOTION? NO.
IF SOMEONE WOULD LIKE TO MAKE A MOTION, PLEASE FEEL FREE TO, UM, CHAIR.
SHOULD I GO AHEAD AND, AND READ THE DISPOSITION ORDER SO THAT EVERYBODY CAN HEAR IT? UM, AND THEN YOU CAN VOTE ON THE DISPOSITION ORDER AS READY? SURE, LET'S DO THAT.
SO IN THE, IN THE COMPLAINT OF TOM M CRUZ AND RAY JUSTIN HICKS, ORDER OF DISPOSITION, THE ETHICS REVIEW BOARD, HAVING RECEIVED AND REVIEWED THE COMPLAINT FILED BY TOM M CRUZ AGAINST JUSTIN HICKS AND THE REPORT OF THE BOARD'S ETHICS COMPLIANCE OFFICER MAKES THE FILE FOLLOWING FINDINGS AND DETERMINE, EXCUSE ME, LET ME START OVER.
THE ETHICS REVIEW BOARD, HAVING RECEIVED AND REVIEWED THE COMPLAINT FILED BY TOM M CRUZ HICKS AGAINST JUSTIN HICKS AND THE REPORT OF THE BOARD'S ETHICS COMPLIANCE OFFICER MAKES THE FOLLOWING FINDINGS AND DETERMINATIONS.
FINDINGS OF FACT, ON MAY 23RD, 2023, TOM M CRUZ FILED A SWARM COMPLAINT AGAINST JUSTIN HICKS.
CRUZ ALLEGES THAT HICKS VIOLATED THE LEAGUE CITY CODE OF ETHICS, SECTION TWO DASH 34 H TWO B, RESTRICTIONS ON POLITICAL ACTIVITY AND POLITICAL CONTRIBUTIONS.
THE COMPLAINT ALLEGES THAT REGARDING COUNCILMAN HICKS EMPLOYEE REVIEW OF THE CITY ATTORNEY, THE FOLLOWING STATEMENT WARNS AND DETERS THE EMPLOYEE FROM ENGAGING IN UNLAWFUL POLITICAL ACTIVITY.
COUNCILMAN HICKS REFERENCED TO THE ATTORNEY'S ASSISTANT, A CITY EMPLOYEE STATED SHE CREATED A WEBSITE AND MEANS MEANT TO MOCK AND ATTACK THE MAYOR COUNCIL.
AND OUR POLICY DECISIONS, MR. HICKS STATES THIS INDIVIDUAL AND ANY INDIVIDUALS THAT BEHAVE THIS WAY NEED TO BE REPRIMANDED OR POSSIBLY TERMINATED.
IF THESE INDIVIDUALS CANNOT ADOPT THE STANCE AND VALUES OF THIS COUNCIL, THEY SHOULD PROBABLY FIND EMPLOYMENT ELSEWHERE.
THE INDIVIDUAL WHO COUNCIL MEMBER HICKS BELIEVES WAS INVOLVED IN A WEBSITE MEANT TO MOCK AND ATTACK THE MAYOR COUNCIL AND THEIR POLICY DECISIONS DID NOT CREATE AND IS NOT INVOLVED IN THE ALLEGED WEBSITE
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ANALYSIS.SECTION TWO DASH 34 H TWO B OF THE CODE PROVIDES RESTRICTIONS ON POLITICAL ACTIVITY AND POLITICAL CONTRIBUTIONS.
NO CITY OFFICIALS SHALL DIRECTLY OR INDIRECTLY COERCE OR ATTEMPT TO COERCE ANY CITY EMPLOYEE TO REFRAIN FROM ENGAGING IN LAWFUL POLITICAL ACTIVITY.
THE CITY'S CODE DOES NOT DEFINE THE KEY TERMS, AND THE BOARD HERE DEFINED HEREBY DEFINES THE FOLLOWING WORDS AND PHRASES FOR PURPOSES OF ANALYZING THE COMPLAINT DIRECTLY WITHOUT THE INTERVENTION OF A MEDIUM OR AGENT IMMEDIATELY BY A DIRECT PROCESS OR MODE.
INDIRECTLY BY INDIRECT ACTION MEANS CONNECTION AGENCY OR INSTRUMENTALITY THROUGH SOME INTERVENING PERSON OR THING, IMMEDIATELY COERCE TO COMPEL OR FORCE TO DO ANYTHING, POLITICAL ACTIVITY, ANY ACTIVITY THAT SUPPORTS OR OPPOSES A POLITICAL PARTY, CANDIDATE OR GROUP.
IT CAN ALSO BE ANY ACTIVITY THAT SOMEONE BELIEVES WILL INFLUENCE A GOVERNMENT AGENCY OR OFFICIAL CONCLUSIONS OF LAW BASED ON THE FINDINGS OF FACT AND THE ANALYSIS HEREIN, THE BOARD FINDS THAT THE COMPLAINT IS UNFOUNDED.
ALRIGHT, I WILL TAKE A MOTION TO APPROVE THE DISPOSITION ORDER, IF THAT IS THE MOTION.
ALL OF THOSE IN FAVOR OF APPROVING THE ORDER OF DISPOSITION AS WRITTEN AND READ, PLEASE SAY AYE.
ALL OF THOSE OPPOSED? ALRIGHT, THE VOTE IS UNANIMOUS.
[5. COMMENTS FROM BOARD MEMBERS]
SO WE WILL MOVE ALONG TO AGENDA ITEM FIVE.COMMENTS FROM BOARD MEMBERS? AMY'S NOT HERE.
I DO HAVE A FEW COMMENTS AS I THINK THIS WILL PROBABLY BE MY LAST MEETING HERE.
SO I JUST WANTED TO POINT OUT THAT, YOU KNOW, FREEDOM OF SPEECH DOESN'T MEAN THAT EXHIBITING AND CHILD IS DISRESPECTFUL.
UM, UNKIND BEHAVIORS OR COMMENTS TO OTHERS, YOU KNOW, AS ELECTED OFFICIALS, WE DO EXPECT YOU GUYS TO, YOU ARE HELD AT A HIGHER STANDARD, YOU KNOW, AND YOU DO HAVE TO BE WILLING TO ACCEPT CRITICISM.
UM, I KNOW WE SAY WE TAKE CRITICISM LIKE A CHAMP, AND I DON'T FIND THAT TO ALWAYS BE TRUE IN THAT SITUATION.
UM, YOU KNOW, YOU'VE STATED THINGS LIKE I STATED, IT'S A WITCH HUNT.
UM, BUT YOU KNOW, YOU'VE REALLY DONE THE SAME THING WITH ME OVER AND OVER AND OVER AGAIN.
YOU KEEP SENDING IN THINGS AND BECAUSE I'M A DEMOCRAT, I CAN'T MAKE UNBIASED DECISIONS, AND THAT'S NOT TRUE.
I'VE BEEN UP HERE EVERY TIME AND I'VE DONE THAT, BUT YET WE KEEP GOING AFTER ONE PARTICULAR PERSON DIRECTLY.
OH, NO, I'M JUST TALKING TO EVERYBODY HERE.
SO THAT'S WHY THERE'S NO NAMES BEING USED.
SO, UM, BUT YOU KNOW, I, I'VE, I'VE HAD THE SAME THINGS HAPPEN TO ME.
SOMEBODY LOOKING AT MY PERSONAL FACEBOOK, TRYING TO ASK FOR OPEN RECORDS OF MY PERSONAL CELL PHONE, MY EMAIL, ALL OF THOSE THINGS BECAUSE THEY BELIEVE CRITICISM HAS HAPPENED AND THAT PERSON BELIEVES THAT NOT NECESSARILY I CAN BE UNBIASED AND I'M OKAY WITH THAT BECAUSE THERE WAS NOTHING TO HIDE.
BUT WE HAVE TO UNDERSTAND THAT AS A POLITICAL FIGURE, WE ARE GOING TO HAVE THINGS THAT ARE SOMETIMES SAID, BUT IN TURN, WE DON'T GET TO BE DISRESPECTFUL AND UNKIND TO OTHERS.
AND WE DO EXPECT YOU TO FOLLOW THE ETHICS AND HOLD IT A HIGHER STANDARD.
AND, AND SOMETIMES IT IS GONNA COME INTO QUESTION, BUT AT THE SAME TIME, THOSE ETHICS ARE GOING TO BE FOLLOWED.
AND I JUST ALSO WANNA SAY ONE MORE TIME THAT WE DID WORK REALLY HARD TO DO SOME REVISIONS TO THE ETHICS CODE, WHICH DID INVOLVE THE CITY ATTORNEY'S OFFICE AND THOSE, UM, COMPLAINTS GOING STRAIGHT TO HIM BECAUSE WE DID BELIEVE THAT THAT IS A CONCERN.
AND SO I DO ASK THAT CITY COUNCIL LOOK AT THOSE AGAIN, BECAUSE WE WROTE THEM AUGUST.
AUGUST AND THEY STILL HAVEN'T COME BEFORE THE CITY COUNCIL.
AND SO WE WOULD LIKE TO SEE THOSE COME FORWARD FOR FUTURE THINGS FOR THAT THAT CAN BE AVOIDED.
RUDY, SIR, I'LL ECHO EVERYTHING SHE JUST SAID.
MELISSA, NO COMMENT, JOSH, NO COMMENT.
AND, UM, ME, I JUST WANNA THANK CHARLIE ZECK, MY SON'S NAME SAKE, WHICH IS HILARIOUS FOR BEING OUR ECO.
I THINK YOU'VE DONE A GREAT JOB AND I APPRECIATE YOUR EFFICIENT BILLING OF THIS MATTER, AS WELL AS REALLY TAKING CARE OF IT THE WAY WE ASKED YOU TO.
AND WE DIRECTED YOU TO DO THINGS AND YOU DID 'EM EXACTLY LIKE WE WANTED YOU TO.
UM, AND THANK YOU TO OUR BOARD.
I THINK THAT OUR BOARD HAS BEEN EXTREMELY IMPARTIAL IN ALL OF THESE COMPLAINTS.
UM, YOU KNOW, WE ALL HAVE OUR PERSONAL OPINIONS ABOUT THINGS, BUT WE KNOW WHAT WE, OUR CHARGE IS.
IT'S TO LOOK AT THE ETHICS CODE, DETERMINE IF THERE'S BEEN A VIOLATION BASED ON THE LANGUAGE OF THE CODE AS CURRENTLY WRITTEN, AND DEAL WITH IT FROM THERE ON OUT, OUT.
SO, UM, THANK YOU GUYS SO MUCH FOR ALL OF THESE DELIBERATIONS AND, UM, THAT'S ALL I GOT.
SO AGENDA ITEM NUMBER SIX, ADJOURNMENT.
WE'RE GONNA GO AHEAD AND ADJOURN
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AT 6:49 PM THERE BEING NO FURTHER BUSINESS, WE ARE ADJOURNED.