[CALL TO ORDER]
[00:00:07]
I'M CHAIR OF THE CITY OF AUSTIN ETHICS REVIEW COMMISSION AND I CALL THE ETHICS REVIEW COMMISSION MEETING TO ORDER.
TODAY IS FEBRUARY 6TH, 2025, AND THE TIME IS 6:06 PM WE ARE AT AUSTIN CITY HALL IN THE BOARDS AND COMMISSIONS.
ROOM NUMBER 1101 AT 3 0 1 WEST SECOND STREET, AUSTIN, TEXAS, SEVEN EIGHT SEVEN ZERO ONE.
I WILL CALL THE ROLE, UM, I'M THE FIRST ON THE ROLE, MICHAEL LEVINS.
I AM HERE, UH, VICE CHAIR PRESENT.
UM, SECRETARY STANTON ADAMS I'VE BEEN INFORMED WILL BE JOINING US LATER, BUT SHE'S CURRENTLY NOT HERE.
UH, COMMISSIONER CASTOW IS NOT PRESENT.
IS SHE GONNA BE JOINING US? NO, SHE'S NOT ABLE TO ATTEND.
AND COMMISSIONER SHARKEY HERE.
WE DO NOT HAVE ANYONE ATTENDING VIRTUALLY.
UH, SO THE NEXT THING ON OUR AGENDA IS PUBLIC COMMUNICATION.
DO WE HAVE ANYONE SIGNED UP FOR PUBLIC COMMUNICATION? NO ONE HAS SIGNED UP FOR PUBLIC COMMUNICATION.
[EXECUTIVE SESSION]
TO THE NEXT PORTION OF OUR AGENDA.UM, AND THE FIRST TWO ITEMS ON THE AGENDA REGARD AN EXECUTIVE SESSION.
SO WITHOUT OBJECTION, THE ETHICS REVIEW COMMISSION WILL GO INTO CLOSED SESSION TO TAKE UP TWO ITEMS PURSUANT TO 5 51 0.071 OF THE TEXAS GOVERNMENT CODE.
THE ETHICS REVIEW COMMISSION WILL CONSULT WITH LEGAL COUNSEL ON LEGAL ISSUES RELATED TO TWO THINGS.
FIRST, A COMPLAINT FILED BY ADAM HAYNES AGAINST MIKE SEGAL RAISING CLAIM VIOLATIONS OF CERTAIN CITY CODE AND CITY CHARTER SECTIONS.
AND ALSO A COMPLAINT FILED BY ADAM HAYNES AGAINST ZACHARY JOHN SCOTT FADI, I HOPE I'M PRONOUNCING THAT RIGHT, RAISING VIOLATIONS OF SEVERAL, UH, CITY CODE SECTIONS.
ANY, IS THERE ANY OBJECTION TO GOING TO EXECUTIVE SESSION ON THE ITEMS ANNOUNCED? HEARING NONE, THE COMMISSION WILL NOW GO INTO EXECUTIVE SESSION.
THE TIME IS NOW 6:08 PM THE TIME IS 7:44 PM ENCLOSED SESSION.
WE TOOK UP AND DISCUSSED, DISCUSSED LEGAL ISSUES RELATED TO A COMPLAINT FILED BY ADAM HAYNES AGAINST MIKE SIEGEL, AND A COMPLAINT FILED BY ADAM HAYNES AGAINST ZACHARY JOHN SCOTT FADI.
WE WILL NOW MOVE ON TO ITEM THREE ON TODAY'S AGENDA.
AND ITEM THREE IS THE PRELIMINARY HEARING ON THE COMPLAINT FILED BY COMPLAINANT ADAM HAYNES AGAINST MIKE SIEGEL RAISING CLAIMED VIOLATIONS OF CITY CODE CHAPTER TWO DASH TWO TWO DASH TWO DASH 13 TWO DASH TWO DASH 21 AND CITY CHARTER ARTICLE THREE, SECTION EIGHT A BOJORQUEZ IS APPEARING AS OUTSIDE COUNSEL FOR THE COMMISSION ON THIS ITEM.
AND ASSISTANT CITY ATTORNEY CAROLYN WEBSTER IS AVAILABLE TO ASSIST WITH PROCEDURAL QUESTIONS.
UH, DO WE HAVE ANY RECUSALS? I DON'T THINK I SAW ANY.
UM, SO WE'RE SUPPOSED TO START WITH THE PARTIES PRESENT AND ESPECIALLY THE COMPLAINANT WHO IS REQUIRED TO BE HERE AND I DO NOT SEE THE COMPLAINANT.
SO, UH, A POINT OF ORDER QUESTION, IF THE COMPLAINANT IS NOT HERE, DO WE JUST MOVE ON TO A MOTION OR IS THIS PROCEDURALLY NOT SOMETHING WE CAN MOVE FORWARD WITH? AND THAT MAY BE A QUESTION FOR OUR INTERNAL COUNSEL.
YEAH, I THINK WE NEED TO CONSULT WITH MS. WEBSTER ON THAT, ON THIS PROCEDURAL.
THE COMPLAINANT IS REQUIRED UNDER THE RULES TO BE HERE.
THE COM WAS THE COMPLAINANT HERE EARLIER? YES, THE COMPLAINANT WAS HERE, BUT HE DIDN'T SIGN UP TO SPEAK BECAUSE HE DOESN'T HAVE TO.
DID THE COMPLAINANT MEREDITH, DID THE COMPLAIN COMPLAINANT FILL OUT AN OATH FORM? DID ANYONE FILL OUT AN OATH FORM? NO.
UM, I THINK YOU, I THINK YOU
IF THE COMPLAINANT IS NOT PRESENT, THEY ARE REQUIRED TO BE PRESENT DURING THE PRELIMINARY HEARING FOR IT TO GO FORWARD.
UM, SINCE WE JUST GOT BACK FROM EXECUTIVE SESSION,
[00:05:01]
YOU COULD MAYBE TAKE A RECESS AND GIVE THEM A FEW MINUTES.IF NOT, THAT'S WHAT I'M INCLINED TO DO.
DOES, DOES ANYBODY HEAR, I MEAN, I THOUGHT I SAW HIM.
DOES ANYONE? WELL, WHY DON'T, WHY DON'T WE TAKE A RECESS SO I HAVE A PROPOSAL? YES.
COMMISSIONER MCGOVERN, UH, WE COULD MOVE ON TO OTHER BUSINESS ON THE AGENDA AND IF, I MEAN, IF, IF HE HASN'T APPEARED BY WHAT WOULD OTHERWISE BE THE CLOSE OF MEETING AND THAT CERTAINLY SEEMS LIKE THERE IS NO OTHER BUSINESS ON THE AGENDA.
THERE'S THESE TWO PRELIMINARY HEARINGS.
OH, AND HE'S THE COMPLAINANT ON BOTH.
AND HE'S THE COMPLAINANT ON BOTH.
SO I MEAN IT'S MINUTES OR SOMETHING TO, IT'S, IT'S, IT'S UP TO YOU ALL.
I, I MEAN, UH, I THINK IF YOU, IF YOU WANT TO MOVE FORWARD AND, AND GIVE A FEW MINUTES, I THINK IF YOU WANNA RECESS AND STATE THE TIME THAT WE'LL BE BACK, I THINK THAT'S ACCEPTABLE.
BECAUSE I, I'D HATE, I'D HATE FOR THIS TO, YOU KNOW, HE STEPPED TO THE RESTROOM AND DIDN'T KNOW AND SUDDENLY HIS COMPLAINTS ARE OUT THE WINDOW.
UM, SO, OKAY, LET'S TAKE A, THE TIME IS NOW 7:47 PM WHY DON'T WE SAY, WELL NOW IT'S 7 48.
WHAT DO YOU SAY? WE COME BACK AT EIGHT O'CLOCK.
THAT'S 12 MINUTES AND WE WILL, WE WILL RESUME AT EIGHT O'CLOCK AND IF HE'S NOT HERE THEN, THEN WE'LL TAKE APPROPRIATE ACTION BASED ON THAT.
OKAY, WE ARE BACK FROM OUR RECESS.
THE TIME IS EXACTLY 8:00 PM AND
[3. A complaint filed by Adam Haynes against Mike Siegel raising claimed violations of City Code Chapter 2-2 (Campaign Finance), Section 2-2-13 (Candidates’ Contribution Limits), Section 2-2-21 (Additional Information Required On All Campaign Finance Reports Filed With The City), and City Charter, Article III, Section 8 (Limits On Campaign Contributions and Expenditures).]
SO WE WILL NOW TAKE UP OUR NEXT AGENDA ITEM, WHICH IS THE COMPLAINT, THE PRELIMINARY HEARING ON THE COMPLAINT FILED BY ADAM HAYNES AGAINST MIKE SIEGEL.UH, I READ OUT THE, UM, SPECIFIC, UH, CLAIMED VIOLATIONS BEFORE WE TOOK RECESS.
UM, UNDER THE CITY CODE SECTION TWO DASH SEVEN DASH 44, UH, THE PRELIMINARY HEARING THAT THAT SETS OUT THE RULES FOR IT AND IT SAYS THAT THE COMPLAINANT, UH, SHALL STATE THE ALLEGED VIOLATION AND SHALL DESCRIBE A NARRATIVE FORM, THE TESTIMONY AND OTHER EVIDENCE WHICH WOULD BE PRESENTED TO PROVE THE ALLEGATION, THE ALLEGED VIOLATION AS STATED IN THE WRITTEN COMPLAINT.
UM, MR. BOJORQUEZ, IT'S MY UNDERSTANDING THAT AS A COURTESY TO US, HE WENT OUT INTO THE HALL AND CALLED OUT FOR MR. HAYNES TO SEE IF HE RESPONDED.
YES, MR. CHAIRMAN AND MEMBERS OF THE COMMISSION, I DID GO OUT AND CALL IN THE LOBBY AND NO ONE RESPONDED.
I DIDN'T SEE ANYONE AND WE, WE TOOK A BREAK FOR ABOUT 12 OR 13 MINUTES TO TRY TO GIVE HIM A CHANCE TO COME BACK IN.
ESSENTIALLY WE'VE DONE WHAT WE COULD TO MAKE SURE THAT HIS RIGHTS WERE PROTECTED AND IT WASN'T JUST A HE'D STEPPED OUT FOR A MOMENT, WOULD BE BACK.
UM, SO AT THIS POINT, GIVEN THAT HE'S NOT HERE AND HE'S REQUIRED TO BE HERE, DO WE HAVE A MOTION TO DISMISS HIS COMPLAINT? THE CHAIR RECOGNIZES VICE CHAIR LOW.
MR. CHAIR, I MOVE TO DISMISS WITH PREJUDICE THIS COMPLAINT, UH, AGAINST MIKE SIEGEL BECAUSE THE COMPLAINANT ADAM HAYNES IS NOT PRESENT AS REQUIRED BY THE AUSTIN CODE OF ORDINANCE SECTION TWO DASH SEVEN DASH FOUR FOUR.
IS THERE A SECOND? AND MAY I CLARIFY, JUST TO MAKE SURE YOU STATED THAT IT SHOULD, YOUR MOTION IS TO DISMISS WITH PREJUDICE? NO, WITHOUT PREJUDICE.
UM, SO THE MOTION IS TO DISMISS WITHOUT PREJUDICE.
DO WE HAVE A SECOND? SECOND HEARING A SECOND.
IS THERE ANY DISCUSSION ON THE MOTION? I'M SORRY.
UH, TO BE CLEAR, COMMISSIONER ESPINO IS SECONDED.
ANY DISCUSSION ON THE MOTION? C NONE.
ALL IN FAVOR OF THE MOTION, LET'S JUST RAISE HANDS.
UH, 1, 2, 3, 4, 5, 6, 7, 7 OUT OF SEVEN MEMBERS PRESENT.
UM, THAT IS A MAJORITY OF THE COMMISSION.
AND SO THAT MOTION PASSES AND THE COMPLAINT IN AGENDA ITEM NUMBER THREE IS DISMISSED WITHOUT PREJUDICE.
[4. A complaint filed by Adam Haynes against Zachary Jon Scott Faddis raising claimed violations of City Code Chapter 2-2 (Campaign Finance), Section 2-2-3 (Conformity With Texas Election Code), Section 2-2-21 (Additional Information Required On All Campaign Finance Reports Filed With The City), Section 2-2-23 (Political Committees), Section 2-2-26 (Filing Of Campaign Finance Report Data), Section 2-2-31 (Definitions), Section 2-2-32 (Reporting of Direct Campaign Expenditures), and Section 2-2-33 (Disclosure Statement Required).]
WE'LL TAKE UP THE FOURTH AGENDA ITEM, WHICH IS A COMPLAINT FILED BY ADAM HAYNES AGAINST ZACHARY'S JOHN SCOTT FADI RAISING CLAIM VIOLATIONS OF CITY CODE CHAPTER TWO DASH TWO TWO DASH TWO DASH THREE TWO DASH TWO DASH 21 2 DASH TWO DASH 23 2 DASH TWO DASH 26 2 2 31 2 2 32 AND 2 2 33.ONCE AGAIN, UH, MR. HAYNES IS THE SAME COMPLAINANT AS ON THE PRIOR PRELIMINARY HEARING.
UM, OBVIOUSLY ALL OF THE SAME THINGS I SAID BEFORE ABOUT US TRYING TO GIVE HIM AN OPPORTUNITY TO BE HERE WOULD APPLY.
UH, SO WITH THAT, DO WE HAVE A MOTION TO, UH, VICE CHAIR LOWE? I MOVE TO DISMISS WITH PRE WITHOUT PREJUDICE THIS COMPLAINT, UM, AGAINST, UH, MR. FADI BECAUSE THE COMPLAINANT,
[00:10:01]
UM, MR. HAYNES IS NOT PRESENT AS REQUIRED BY THE AUSTIN CODE OF ORDINANCES.SECTION TWO DASH SEVEN DASH FOUR FOUR.
COMMISSIONER FIGUEROA SECONDS.
LET'S VOTE BY A RAISE OF HANDS.
ALL IN FAVOR? RAISE YOUR HAND.
AND UH, SO I GUESS MAYBE FOR FORMALITY.
BECAUSE EVERYBODY SAID THEY WERE IN FAVOR,
UM, SO THAT, UH, THAT MOTION PASSES AND THE COMPLAINT BY MR. HAYNES AGAINST MR. FADI IS DISMISSED WITHOUT PREJUDICE.
GOTTA SKIP SOME STUFF IN THIS TO MAKE SURE WE GET THIS ON PAGE NINE.
THIS CONCLUDES ALL OF THE ITEMS LISTED ON TODAY'S AGENDA.
IF THERE IS NO OBJECTION, OBJECTION, THE MEETING IS ADJOURNED.
THE TIME IS NOW 8:05 PM AND WE ARE ADJOURNED.