[00:00:01]
I'M CHAIR OF THE CITY OF AUSTIN, ETHICS REVIEW COMMISSION.
I CALL THE ETHICS REVIEW COMMISSION MEETING TO ORDER.
IT IS FEBRUARY 25TH, 2026 AT 6:04 PM WE ARE AT AUSTIN CITY HALL IN THE BOARDS AND COMMISSIONS.
ROOM 1101, ROOM 1101 AT 3 0 1 WEST SECOND STREET, AUSTIN, TEXAS.
I NOW CALL THE ROLE, UH, VICE CHAIR BRITTANY SHARKEY.
COMMISSIONER LUNDGREN? NOT HERE.
COMMISSIONER MCGOVERN? NOT PRESENT.
UH, NO ONE IS ATTENDING VIRTUALLY.
UH, IS THERE ANY PUBLIC COMMUNICATION? I ASSUME NOT.
UM, BEFORE PROCEEDING WITH THE AGENDA, PLEASE NOTE THAT ITEMS THREE AND FIVE HAD BEEN WITHDRAWN FROM TONIGHT'S AGENDA.
I SEE 1, 2, 3, AND FOUR AND THE SCRIPT SAYS WE REMOVED THREE AND FIVE.
DO YOU KNOW WHAT FIVE REFERS TO AM? MISREADING? I THINK THAT WAS A TYPO.
WAS SO IT WAS THREE AND SOMETHING ELSE? OR JUST THREE? THAT WAS, UH, THAT'S BEEN REMOVED.
THERE ARE NO ITEMS WITHDRAWN ON THE AGENDA.
WE ARE TO PROCEED ON THE ITEMS ON THE AGENDA.
[EXECUTIVE SESSION]
AGENDA, REGARDS THE COMMISSION GOING TO EXECUTIVE SESSION, BUT THE OBJECTIVE OF THAT EXECUTIVE SESSION IS TO DISCUSS A COMPLAINT FOR WHICH WE WERE SCHEDULED TO HAVE A PRELIMINARY HEARING.UM, THE COMPLAINANT IS REQUIRED TO ATTEND AND SUPPORT HIS OR HER ALLEGATIONS AND TO BE AVAILABLE FOR QUESTIONS.
UM, THE RESPONDENT IS NOT HERE, SO WE CANNOT PROCEED.
UM, I COULD ENTERTAIN A MOTION TO DISMISS.
WE HAVE A, UH, MOTION FROM COMMISSIONER KEEL, A SECOND FROM VICE CHAIR SHARKEY.
ANY DISCUSSION? JUST FOR THE RECORD, MR. CHAIRMAN, I WANNA MAKE SURE THAT IT'S CLEAR THAT THE COMPLAINANT IS NOT IN ATTENDANCE.
WHAT DID I, DID I SAY RESPONDENT? YES, SIR.
I JUST HAVE A GENERAL QUESTION.
IF, IF THE, IF THE COMPLAINANT WALKS IN 10 MINUTES LATE, WHAT HAPPENS? DO WE REDO THIS AGAIN? DOES HE HAVE TO REDO EVERYTHING? WELL, I THINK THAT'S A VALID QUESTION AND MAYBE WE SHOULD GO AHEAD AND FINISH OFF THE AGENDA.
MOTION? PARDON? DO WE HAVE A PENDING MOTION? SO DO WE NEED, OH, RIGHT, UM, I WITHDRAW MY MOTION.
GET TO GO WAY THROUGH MY SCRIPT HERE.
UH, CHAIR HUMPHREY, I BELIEVE THE CORRECT MOTION WOULD THEN ACTUALLY, INSTEAD OF WITHDRAWING THE MOTION BECAUSE IT'S BEEN SECONDED, WOULD BE TO TABLE THE MOTION.
YOU ARE CORRECT, CAROLINE, IS THAT CORRECT? YEAH, I THINK THAT'S CORRECT.
IN TERMS OF PARLIAMENTARY PROCEDURE, I WAS CAUGHT OFF GUARD THERE.
SO WE WILL TABLE THE MOTION, TABLE THE MOTION, UH, IF THERE ARE NO OBJECTIONS.
[2. A complaint filed by Andrew Rivera against T.C. Broadnax raising claimed violations of City Code Section 2-7-62 (I) (Standards of Conduct). (Part 1 of 2)]
IS TO APPROVE THE MINUTES.THE FIRST MINUTES WE WILL BE APPROVING ARE THE ONES PER SEPTEMBER, IF I MAY.
UH, MR. CHAIRMAN AND COMMISSION, THE WAY OUR RULES ARE ESTABLISHED, UH, BEING A PRELIMINARY HEARING THERE, SHE EITHER BE A FINDING OF REASONABLE GROUNDS OR A FINDING THAT THERE'S NOT REASONABLE GROUNDS IF THERE ARE NO REASONABLE GROUNDS THAT HAS THE EFFECT OF DISMISSING THE COMPLAINT.
AND THE, THE ISSUE THAT I HAVE AS YOUR ADVISOR IS IF THE COMPLAINANT IS REQUIRED TO SHOW UP TO STATE THE NATURE OF THE VIOLATION AND THE COMPLAINANT IS REQUIRED TO SHOW UP TO BE AVAILABLE FOR QUESTIONS FROM THE COMMISSION.
[00:05:01]
COMPLAINANT IS NOT HERE, I THINK IT'D BE DIFFICULT TO FIND REASONABLE GROUNDS TO SUPPORT THE COMPLAINT.THERE REALLY IS NO PROCEDURE FOR TABLING OR POSTPONING ACTION ON THE COMPLAINT UNLESS THERE IS A REQUEST COMING FROM THE COMPLAINANT OR THE RESPONDENT, WHICH WE DON'T HAVE HERE TODAY.
SO I THINK THE, WE'RE JUST GONNA TABLE IT.
MY INTENTION MINUTES, OUR INTENTION, I THINK WAS JUST TO, IF THE, IF THE COMPLAINANT WERE TO SHOW UP LATE, THEN WE WOULDN'T HAVE ALREADY DISMISSED IT.
AND, AND IN ANOTHER, WHEN WE FINISH THE NEXT TWO ITEMS, WE WOULD GO BACK TO THAT MOTION TO DISMISS.
IS THERE A PROBLEM WITH THAT? NOT AT ALL.
I JUST WANTED MAKE SURE WHEN WE COME BACK TO IT.
THE NATURE OF IT WILL BE WHETHER OR NOT, UH, THERE'S A BASIS TO FIND REASONABLE GROUNDS.
I THINK WE, WE'VE ALL GOT THAT NOW.
[3. Approve the minutes of the Ethics Review Commission Regular Called meeting on September 24, 2025.]
ON THE MINUTES, THE FIRST ONES WERE APPROVING OTHER ONES FROM LAST SEPTEMBER.WE SORT OF APPROVED THEM BEFORE, BUT, UM, WHAT HAPPENED WAS, HISTORICALLY WE'VE ALWAYS MADE A MOTION TO APPROVE THE MINUTES AND WE GOT INTO THAT HABIT.
AND THEN I TOOK A REFRESHER COURSE ON PARLIAMENTARY PROCEDURE ONCE LATE LAST SUMMER AND LEARNED THAT WE DIDN'T HAVE TO HAVE A MOTION.
THEN IT WAS, UH, BY UNANIMOUS CONSENT.
SO I PULLED THAT OFF IN SEPTEMBER.
IT TURNS OUT THAT THE CITY CLERK WANTS US TO HAVE A MOTION, UH, FOR EVERY SET OF MINUTES.
AND SO THAT'S WHY IT'S BACK ON THE AGENDA.
SO THE MINUTES FOR SEPTEMBER, UH, LIKE I SAID, WE ALREADY, I ALREADY ASKED IF THERE WERE ANY OBJECTIONS TO APPROVING IT BY CONSENT AT A PREVIOUS MEETING.
SO NOBODY HAD ANY PROBLEMS WITH THE SEPTEMBER MINUTES, SO I WOULD BE WILLING TO ENTERTAIN A MOTION TO APPROVE THE SEPTEMBER MINUTES.
WE HAVE A MOTION FROM COMMISSIONER LOWE.
DO WE HAVE A SECOND? SECOND VICE CHAIR.
SHARKEY HAS SECONDED ANY DISCUSSION.
ALL IN FAVOR OF APPROVING THE MINUTES FROM SEPTEMBER 24TH, 2025.
ALL OPPOSED? ANY, UM, ABSTENTIONS? OKAY.
[4. Approve the minutes of the Ethics Review Commission Regular Called meeting on January 28, 2026. ]
FROM OUR MOST RECENT MEETING, JANUARY 28TH.I'LL GIVE EVERYONE, UH, THEY'RE RELATIVELY SHORT.
I'LL GIVE EVERYONE MAYBE A MINUTE TO LOOK THEM OVER TO SEE IF YOU HAVE ANYTHING YOU WISH TO, ANY CORRECTIONS YOU WISH TO BRING UP.
ANYBODY HAVE ANY CORRECTIONS THEY WISH TO SUGGEST? I WILL ENTERTAIN A MOTION TO APPROVE THESE MINUTES.
IT MOVED BY VICE CHAIR SHARKEY.
SECONDED BY COMMISSIONER FIGUEROA.
ANY DISCUSSION? ALL IN FAVOR OF APPRO OF APPROVING THE MINUTES FROM, UH, JANUARY.
ABS ONE ABSTENTION FROM COMMISSIONER LOWE.
SO, UH, IT PASSES, UM, FIVE TO ONE, RIGHT? I'M SORRY.
IS THAT, DOES THAT MAKE IT NOT QUORUM? I MEAN, 5 0 1, UH, YOU'RE RIGHT.
UM,
I JUST, I JUST WANNA PUT IN THE RECORD, I WAS NOT PRESENT AND SO NO, I UNDERSTAND.
WHILE I DID WATCH THE, UH, I WAS GONNA SAY, I'M SURE YOU WATCHED THE VIDEO,
I JUST, I JUST WANTED TO SAY THAT.
SO YOU'VE WATCHED IT MORE RECENTLY THAN WE MM-HMM
UH, SO COMMISSIONER LOWE HAS CHANGED HER VOTE.
UH, THE JANUARY MINUTES, UH, ARE PASSED OR APPROVED.
UM, UH, WE'RE FINISHED WITH WHAT WAS ON THE AGENDA.
[00:10:01]
UH, THE[2. A complaint filed by Andrew Rivera against T.C. Broadnax raising claimed violations of City Code Section 2-7-62 (I) (Standards of Conduct). (Part 2 of 2)]
COMPLAINANT HAS NOT SHOWED UP, SHALL WE? COMMISSIONER KING? I JUST A, HAS ANYONE HEARD FROM THE COMPLAINANT, UH, ANY CALLS TO THE CITY, TO ANYONE LIKE THAT? WE HAVE NOT RECEIVED ANY CALLS OR ANY EMAILS.IN THAT CASE, I MOVE THAT WE DISCUSSED THAT.
UH, I'M SORRY, MAY I CLARIFY THAT HE DID SEND AN EMAIL THIS MORNING STATING HE WOULD NOT BE PRESENT AT THE MEETING THIS EVENING? UH, I USE USEFUL INFORMATION.
I THINK WE GAVE HIM TIME TO, UH, OKAY.
TO SHOW UP IF HE WAS COMING HERE LATE AND HE'S NOT MADE IT.
SO I MOVE TO DISMISS, UH, FOR LACK OF, OF, UH, LACK OF A COMPLAINT.
PROBABLE PAUSE, BUT, BUT, BUT A LACK OF PRESENTATION.
DO WE HAVE A SECOND? SHOULD WE MOVE TO DISMISS OR SHOULD WE MOVE TO FIND THAT THERE IS NO CAUSE? I THINK THE PROPER MOTION WOULD BE A, A MOTION TO FIND THERE'S NOT REASONABLE GROUNDS.
I'M IN MINE TO FIND THERE'S NOT, THERE ARE NOT REASONABLE GROUNDS.
SECOND, WE HAVE A, A MOTION AND A SECOND TO FIND THAT THERE ARE NO REASONABLE GROUNDS TO PROCEED TO A FINAL HEARING.
IS THERE ANY DISCUSSION? WE'LL TAKE A VOTE.
ALL IN FAVOR OF THE MOTION, SAY AYE.
UH, THE MOTION PASSES UNANIMOUSLY.
[FUTURE AGENDA ITEMS ]
UM, AGENDA ITEMS FOR THE FUTURE THAT SOMEONE WANTS TO PUT ON THE TABLE? COMMISSIONER LOEB? UH, I THINK THAT COMMISSIONER FIGUEROA AND I, AND HOPEFULLY COMMISSIONER MCGIVEN WILL BE ABLE TO MEET ON THE WORKING GROUP AND COMPLAINT PROCESS.SO WE WOULD LIKE TO HAVE AN AGENDA ITEM ON THAT FOR THE NEXT MEETING.
ANY OTHER SUGGESTIONS, RECOMMENDATIONS, DEMANDS FOR THE NEXT AGENDA? ALL RIGHT.
UH, IF THERE ARE NO OBJECTIONS, UH, WE CAN ADJOURN.
THANK YOU EVERYONE, MS. PANELISTS, BUT THANK YOU.