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The Farmers Branch City Council voted Tuesday night to launch an independent investigation into one ethics complaint against a council member while declining to pursue an investigation into a second complaint.
The actions came at the conclusion of a special called meeting that included certification of the June 13 mayoral runoff election, city council orientation training and executive session discussions regarding ethics complaints filed against two council members.
Following closed session, Mayor Pro Tem David Reid moved to direct the city attorney to begin an independent investigation into an ethics complaint filed June 8 against District 1 Council Member Lupe Gonzalez. Deputy Mayor Pro Tem Roger Neal seconded the motion.
The motion passed 3-1. Council members Elizabeth Villafranca, Reid and Neal voted in favor. District 2 Council Member Tina Bennett-Burton voted against. Gonzalez abstained.
The council then considered a complaint filed June 9 against Bennett-Burton. Reid moved to deny an independent investigation, and Neal seconded the motion.
That motion also passed 3-1. Reid, Neal and Gonzalez voted in favor of denying the investigation. Villafranca voted against. Bennett-Burton abstained.
During the discussion, City Attorney David Berman noted that an abstention is not counted as a vote.
The agenda described both matters as complaints alleging violations of the city's Code of Ethics. No details about the complaints were publicly discussed, and no supporting documents were included in the agenda packet.
The ethics matters were considered in executive session under provisions of the Texas Government Code allowing council members to consult with legal counsel and discuss personnel-related matters.
Earlier in the meeting, council members participated in orientation training covering ethics, governance, city finances, media relations and state transparency laws.
Human Resources Director Jeffrey Ross presented training on harassment and hostile work environments.
"We're actually right in the middle of doing this training for the rest of our staff this week," Ross told council members.
Finance Director Jay Patel provided an overview of the city's budget process and the relationship between city funds.
Communications Manager Ariel Wallace and Berman reviewed the Texas Open Meetings Act, Public Information Act and the city's media relations policy.
Council members were reminded that Farmers Branch operates under a council-manager form of government, in which the council establishes policy while the city manager oversees administration and city staff.
Berman also reviewed requirements related to quorums, walking quorums, agenda posting, executive sessions and penalties for violating the Open Meetings Act.
"The penalties for violating the act are, I think, severe," Berman said.
According to Berman, violations can constitute a Class B misdemeanor punishable by fines ranging from $100 to $500 and jail time of one to six months.
The council also unanimously canvassed and certified the results of the June 13 mayoral runoff election, officially confirming Terry Lynne's victory and issuing a certificate of election. Council Member Reid was absent for that vote.
The meeting adjourned at 7:12 p.m.
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