COUNTY OF EL PASO ETHICS COMMISSION

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1 ETHICS COMMISSION 3:00 P.M., WEDNESDAY, NOVEMBER 18, 2009 COUNTY COURTHOUSE ROOM E. SAN ANTONIO EL PASO, TEXAS Stuart Leeds, Chairperson -County Judge Anthony Cobos appointment David Nemir -Commissioner Anna Perez s appointment Gina Palafox -Commissioner Veronica Escobar s appointment James Clair -Commissioner Daniel Haggerty s appointment Roberto Oaxaca -Commissioner Willie Gandara s appointment David C. Chavez -County Civil Service Commission Terry Pasqualone -El Paso Bar Association Marcos Lizarraga -Sheriff s Civil Service Commission Luis Garcia -Dispute Resolution Center Susan Barlow -El Paso Society of Human Resource Managers OPEN MEETING The meeting was called to Order at 3:02 p.m. Luis Garcia was absent. All other members were present. Roberto Oaxaca was present but could not be counted in attendance as a board member per section (c) of the Texas Local Government Code. Also present were Betsy C. Keller and Gabriel Herrera, County of El Paso Human Resources. 1. OATH OF OFFICE FOR NEW MEMBER Judge Alex Gonzalez from County Court at Law #4 swore in the newly appointed Commissioner Roberto Oaxaca by giving him the Statement of Officer and the Oath of Office. Mr. Roberto Oaxaca went on to introduce himself. 2. PUBLIC COMMENT On this day the following people appeared before the Ethics Commission to offer public comment: Mike Rooney, Mario Gonzalez, Jesus Sanchez Mickey Milligan, Sergio Coronado, Jesus Luna Jorge Artalejo Jo Anne Bernal Teresa Caballero Armando Cardoza, Irma Rodriguez Page 1 of 6

2 3. TRAINING ON LAWS RELATING TO PUBLIC OFFICIALS, INCLUDING CONFLICT OF INTEREST LAWS. Chairperson Leeds gave training over Laws Relating to Public Officials, including Conflict of Interest Laws. 4. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING OF NOVEMBER 2, Commissioner Pasqualone moved to approve the minutes of November 2, 2009 with the change that no action or discussion took place on items 5 and 6 since the statutory training had not yet taken place. Chairperson Leeds seconded the motion. The motion carried by a roll call vote of DISCUSS AND TAKE APPROPRIATE ACTION REGARDING ADOPTION OF PROCEDURES AND RULES RELATING TO THE CONDUCT OF THE MEETINGS OF THE ETHICS COMMISSION AND THE PREPARATION OF ITS AGENDA. Commissioner Lizarraga moved the commission use Roberts Rules of Order as a guide. The motion was seconded by Commissioner Pasqualone. Commissioners Clair, Palafox, and Chavez voted nay. All others voted aye.. The motion carried by a roll call vote of Chairperson Leeds moved that any Commissioner may place items on the agenda, as well as HR support staff. The motion was seconded by Commissioner Barlow. The motion carried by a roll call vote of Chairperson Leeds moved that in public comment that each person gets five (5) minutes during this segment regarding any item or three (3) minutes per person on each item as it appears on the agenda. The same will apply to interest groups of three or more. The Chairperson reserves the right to call for close of public comment or intervene when comments are not appropriate to the topic. The motion was seconded by Commissioner Lizarraga. The motion carried by a roll call vote of Commissioner Pasqualone moved that any member of the commission who speaks on any related business must clearly state they speak as an individual and not on behalf of the commission. The Commission speaks through its minutes and indivudals will be referred to HR for copies of those minutes. The motion was seconded by Commissioner Clair. The motion carried by a roll call vote of Commissioner Lizarraga moved that the Chairperson or two Commissioners can call a special meeting. The motion was seconded by Chairperson Leeds. The motion carried by a roll call vote of Page 2 of 6

3 Commissioner Lizarraga moved that the person who holds the next appointment that will be the next chairperson of the commission will be the Chair Tempore. The motion was seconded by Chairperson Leeds. The motion carried by a roll call vote of Chairperson Leeds moved to require a roll call vote when voting on items. Commissioner Barlow seconded the motion. The motion carried by a roll call vote of DISCUSS AND TAKE APPROPRIATE ACTION CONCERNING LIVE VIDEO STREAMING OF THE COMMISSION S MEETINGS. Commissioner Nemir moved to approve the live streaming of the Ethics Commission meetings. Commissioner Pasqualone seconded the motion. The motion carried by a roll call vote of DISCUSS AND TAKE APPROPRIATE ACTION CONCERNING THE COMMISSION S BUDGET Commissioner Lizarraga moved to ratify the budget that was allocated to the Ethics Commission. Commissioner Nemir seconded the motion. The motion carried by a roll call vote of REVIEW OF BOARD TRAINING AND ATTENDANCE REPORTS No Action 9. DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE STARR VS. EL PASO COUNTY LAWSUIT No Action 10. DISCUSS AND TAKE APPROPRIATE ACTION CONCERNING COMMUNICATION WITH THE CURRENT COUNTY ETHICS BOARD. Chairperson Leeds moved that a letter be drafted and sent to the Ethics Board informing them that will work diligently to have a code drafted and asking them to stay in place while the Ethics Commission works on and adopts a code. The motion was seconded by Commissioner Nemir. Commissioner Clair and Commissioner Lizarraga voted nay. All others voted aye. The motion carried by a roll call vote of DISCUSS AND TAKE APPROPRIATE ACTION TO DEVELOP A CODE OF ETHICS Chairperson Leeds moved to begin using the red-lined version of the Code of Ethics as a model draft code. The motion was seconded by Commissioner Clair. The motion carried by a roll call vote of Page 3 of 6

4 Chairperson Leeds moved to have an item on the agenda informing the public that the Ethics Commission will begin working on section I & II of the draft code. The motion was seconded by Commissioner Barlow. The motion carried by a roll call vote of DISCUSS AND TAKE APPROPRIATE ACTION TO DEVELOP A COMPLAINT FORM FOR VIOLATIONS OF A CODE Commissioner Lizarraga moved to delete the item. The motion was seconded by Chairperson Leeds. The motion carried by a roll call vote of DISCUSS AND TAKE APPROPRIATE ACTION TO REQUEST AN ATTORNEY GENERAL S OPINION REGARDING THE COUNTY ATTORNEY S DUTIES WITH RESPECT TO THE NEWLY-FORMED COUNTY ETHICS COMMISSION Chairman Leeds moved to request an Attorney General opinion regarding the County Attorney s duties with respect to the newly-formed County Ethics Commission. The motion was seconded by Commissioner Palafox. Commissioner Lizarraga voted nay. All others voted aye. The motion carried by a roll call vote of Commissioner Pasqualone moved that County Attorneys Office be recognized as the legal adviser to the Ethics Commission until the Attorney General s opinion has been given. The motion was seconded by Commissioner Lizarraga. The motion carried by a roll call vote of DISCUSS AND TAKE APPROPRIATE ACTION TO APPOINT MEMBERS TO THE PRELIMINARY REVIEW COMMITTEE. Chairperson Leeds moved to delete the item. Commissioner Clair seconded the motion. The motion carried by a roll call vote of COLLECT COMPLETED FINANCIAL STATEMENT FORMS FOR THE BOARD No Action. All Financial Statement Forms have been received. 16. DISCUSS AND TAKE APPROPRIATE ACTION TO ESTABLISH NEXT MEETING DATES, TIMES, AND PLACE Chairperson Leeds moved to approve having the meetings scheduled on the 2 nd and 4 th Thursday of every month. Except for the month of December 2009 the meetings would take place on the 2 nd and 3 rd Thursday, due to the Christmas Eve holiday. Commissioner Barlow seconded the motion. The motion carried by a roll call vote of Page 4 of 6

5 17. ADJOURN Chairperson Leeds moved to adjourn. The motion was seconded by Commissioner Clair. The motion carried. Meeting adjourned at 5:48 p.m. Page 5 of 6

6 MEETING ADJOURNED SINE DIE ATTEST: Gabriel Herrera, Administrative Assistant County of El Paso Ethics Commission EXAMINED AND APPROVED BY ME THIS DAY, 2009 CHAIR Page 6 of 6

EL PASO COUNTY COMMISSIONERS COURT

EL PASO COUNTY COMMISSIONERS COURT CARLOS LEON DAVID STOUT Commissioner, Pct. 1 Commissioner, Pct. 2 VINCENT PEREZ ANDREW R. HAGGERTY Commissioner, Pct. 3 Commissioner, Pct. 4 RUBEN JOHN VOGT County Judge