Ethics Committee in Colleyville, Texas on LocalNewsOnly.com

Dateline Colleyville, Texas ... Thursday, December 13, 2001

Ethics Committee Plans to Have Recommendations to Council for a February Vote Before Next City Election

The Ethics Committee, appointed in November, plans to recommend sweeping new guidelines including financial disclosure filing by members of the P&Z and ZBA in time for a city council vote in February.

The Committee’s focus at this meeting was the financial filing, the extent of the filings and penalties if one doesn’t file. Mr. Miller stated that the new ordinance would become effective at a future "date certain" and that seated council members and the impacted board members would be required to file. He stated that current board members or council members would need to file or there should be consequences.

To Hear Miller’s Comments about Current Members filing Click Here

Tom Miller, Chairman of the Ethics Committee, comments on the committee’s approach. In addition, he acknowledges that "this committee has come under fire", in the matter of late filings, in particular, the applications that council acted on in regards to the Ethics Committee appointments.
To Hear Tom Miller’s Comments Click Here.

In attendance at the meeting were appointed committee members Lynn Olinger, Skip Bowen, and Tom Miller. Two members of the five member committee were absent, Gary Kindley and Daniel Davis. Judge James Ames, a "ex-officio" non-voting member was also in attendance with Councilwoman Dana Feldman and Councilman Richard Newton.

Mr. Miller commented he was adamant about having penalty clauses for those who file their ethic reporting requirements late.

To Hear Miller’s Comments Click Hear

The Committee discussed the consequences of a candidate failing to follow the adopted Ethics Committee recommendations. Mr. Miller stated that he felt if an individual failed to adhere to the adopted date guidelines then, "I say they shouldn’t be a candidate."

Click to Hear Miller's Comments on Candidates

Lynn Olinger

The Committee discusses their approach that "whether your name is on the ballot or not" if you failed to comply that "you can’t be elected."

Taking part in the discussion first is Lynn Olinger, who lists her occupation as an attorney, heard saying that the candidate might be "barred" from office. Then Mr. Miller’s summary comments.

Click to Hear Comments

Mr. Miller stated that the ongoing updating of the financials might be a problem, "especially for homebuilders and developers" that want to run for city council. He stated that their asset holdings change frequently and this could cause a burden on them if they were required to file every time there was a change.

Click to Hear Miller's Comments on Homebuilders and Developers

Councilman Newton pointed out that the City could not pass ordinances that were in conflict with Texas Election Code. Councilwoman Feldman agreed. Researching the Texas Election Code, LNO referenced the Attorney General’s Opinion DM - 221

Even if the legislature has not preempted home-rule cities from adopting regulations in a particular field, however, a home-rule city may not enforce an ordinance inconsistent with state law. Dallas Merchant’s & Concessionaire’s Ass’n, 852 S.W.2d at 491; see Attorney General Opinion DM-221

While the Ethics Committee agreed to recommend penalties of $500 for failure to adhere to their guidelines and discussed the "barring" or "disqualification" of candidates, the Texas Election Code has established clear guidelines for qualification of Candidacy for Public Office. The City Manager, Bill Lindley said, "the closest I have been to being a lawyer is walking past the law school", therefore, he suggested checking with the City Attorney concerning the possibility of the requirements being "unconstitutional".

To see the eligibility requirements as established by the Texas Legislature Click Here

Additional discussion ensued when Mr. Miller questioned the "ownership" of property guidelines, "What is ownership?", he asked. He also discussed the filing of "area conflict of interest", that would require a candidate to include property owned as far away as Denton that may, in the future, have some "economic impact" on the City of Colleyville, for example a thoroughfare.

Judge James Ames

Miller also brought up the question of stock ownership and reporting of bankruptcy. For example, he pointed out he owned Enron stock, that had been worth $100,000 now worth $5,000, and would that be required to be reported. Judge Ames said that even if you owned only 5% of the stock of a company you may have an "influence" therefore should report the stock.

Miller asked if any of these requirements would violate state or federal law.

It appears an aggressive goal for the Committee to have recommendations about ethics, disclosures and procedures in time to have a vote by February. The committee is struggling with a number of points. Critics have pointed out the committee appears all over the board and there are broad areas to cover and be considered.

Currently the committee includes four attorneys including Ames an ex-officio, and Feldman from council. In addition Daniel Davis, and Lynn Olinger are attorneys. Mr. Bowen is listed as a financial planner and Mr. Miller, is the developer partner in the Village of Colleyville.

JO Ann Gasper, current P&Z Chairman, said she did not feel the financial disclosures would inhibit individuals from applying to P&Z.

The next meeting is scheduled for Monday, December 17, 2001 at 7:30 PM in the Colleyville Community Center. The meetings are open to the public.