Three ethics violations complaints filed with city

Three ethics violation complaints will be the focus of a special called city council meeting on Sunday.

There is no indication in the agenda who is or are the subjects of the complaints or the manner of the ethics violations alleged.

According to the agenda, one or more city council members may participate by video conference. The meeting will be called to order at 7 p.m. on Sunday, Oct. 19, at Farmers Branch City Hall. A public comments time is available before the council will convene into closed executive sessions to seek legal advice with the city attorney regarding the complaints, one of which was filed on Oct. 13 and two of which were filed Oct. 14. All three allege a violation of the city’s code of ethics pursuant to Section 2-284, the text of which is copied below.

Following the executive sessions council will take any action necessary as a result of the executive sessions before adjourning.

The agenda for the meeting can be found here.

Below is the text of Section 2-284 of the Farmers Branch Charter Code of Ethics, which is sited in each of the agenda items. Here is the link to that section of the code of ethics. 

• Sec. 2-284. - Complaints against officers.

(a) All complaints or allegations of a violation of this code of ethics against an officer shall be made in writing sworn to before a notary public, and filed of record with the city secretary. The complainant may but is not required to use a form provided by the city. Such complaint shall describe in detail the act or acts complained of and the specific section(s) of this code of ethics alleged to have been violated. As determined by the city attorney a general complaint lacking in detail shall not be sufficient to invoke the investigation procedures contained herein; and anonymous complaints shall not be considered. Not later than the first business day after receipt the of the complaint by the city secretary, the city secretary shall provide a copy of the complaint to the affected officer, the city council, and the city attorney, who shall initially review the complaint to determine if the complaint contains sufficient detail and alleges a violation of the code of ethics. The affected officer may file a written response to the complaint with the city secretary within three business days after receipt of the complaint from the city secretary, who shall forward the response, if any, to the city attorney.

(b) Within three business days after notification by the city secretary, the mayor or mayor pro tem shall schedule a special called meeting of the city council to consider the complaint in executive session. At such meeting, the city attorney shall present a written report to the council describing in detail the nature of the complaint and the city attorney's findings and conclusions as to a possible violation of this Code. The non-implicated council members in attendance shall then review the complaint and either reject the complaint or invoke an investigation. In the event the city council decides to reject the complaint, the vote to reject the complaint shall be taken in open session without further investigation. In the event the city council decides to invoke an investigation, the city attorney shall select and appoint an independent private attorney to fully investigate the alleged improprieties. The investigating attorney shall report back to the council in writing within ten business days from such appointment, unless an extension is granted by a majority of the non-implicated council members. Such report shall be comprehensive and explain in detail all facts, findings, and conclusions in support of the attorney's opinion as to whether or not a violation of this code of conduct occurred.

(c) The city council shall consider the findings of the investigating attorney's report at the meeting in which it is presented, at which time the person(s) accused shall have the right to a full and complete hearing with the opportunity to call witnesses and present evidence on such person's behalf. The final action, decision, or vote of the council with regard to the complaint shall be taken or made only in a meeting that is open to the public.

(d) No action or decision with regard to the complaint shall be made except in a meeting which is open to the public.

(e) A complaint or allegation of a violation of this article may only be made against an officer while such person holds such position or office. A complaint made against an officer pursuant to this section shall be processed and resolved even if such person resigns from, or ceases to hold such position or office, prior to resolution of the complaint.

(Ord. No. 3479, § 1, 1-23-2018)