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Ethics Committee
Archived Minutes

December 2, 2010

July 21, 2010

June 10, 2010

June 30, 2009

May 29, 2009

September 21, 2007

November 9, 2006

August 31, 2006

July 14, 2006

March 8, 2006

TCMA Ethics Committee
December 2, 2010
Conference Call

Members of the Committee participating on the conference call were: TCMA Ethics Committee Chair Dan Johnson, Deputy City Manager, Richardson; Gary Brown; City Manager, Floydada; Darron Leiker, City Manager, Wichita Falls; Kevin Carruth, City Manager, Paris; Robert Miller, Consultant and TCMA member; Carol Buttler, Economic and Community Development Manager, Live Oak; Mike Tanner, City Manager, Portland; Mike Perez, City Manager, McAllen; Brooke Winburn, Community Services Coordinator, Bee Cave; Jerry Reed, City Administrator, Venus; Dion Miller, Intransition TCMA member; Mirenda McQuagge-Walden, Managing Director of Community Services, Bedford; Henry Hill, III, Deputy City Manager, Frisco; Pamela Rambo Sexton, Environmental Programs Manager, Arlington.. TML Staff: Kyle J. Jung.

Dan Johnson called the conference call to order at 3:00 p.m. and thanked those for participating in the conference call.

The committee members reviewed and discussed the ethics case information and fact finding committee. On a motion by Pamela Rambo Sexton and a second by Mike Perez, the committee determined that (named redacted), violated tenet 3 of the TCMA Code of Ethics. On a motion by Mike Perez and a second by Mike Tanner, the committee recommended that the TCMA Board impose a public censure on (name redacted) for violating this TCMA Code of Ethics tenets. Both motions were unanimously approved by the committee.

The committee discussed the jurisdiction of the TCMA Code of Ethics to all members working for local governments. On a motion by Mike Perez and a second by Mirenda Walden, the committee recommended that the TCMA Board clarify the language in the TCMA Code of Ethics to state that all TCMA members working for local governments, regardless of their employment relationship – permanent, part-time, interim, or contract, are subject to all tenets of the TCMA Code of Ethics. The motion was unanimously approved by the committee.

With nothing else on the agenda, the meeting was adjourned at 4:30 p.m.

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TCMA Ethics Committee
July 21, 2010
Conference Call

Members of the Committee participating on the conference call were: TCMA Ethics Committee Chair Dan Johnson, Deputy City Manager, Richardson; Peter Kampfer, City Manager, Colorado City; Darron Leiker, City Manager, Wichita Falls; Robert Miller, interim City Manager, Cibolo; Carol Buttler, Executive Director of Management Services, Live Oak; Hugh Walker, Deputy City Manager, Bryan; Jerry Reed, City Administrator, Venus; Terry Roberts, City Manager, Brenham; Dion Miller, Intransition; Lyle Dresher, Town Administrator, Argyle; Henry Hill, III, Deputy City Manager, Frisco. TML Staff: Kyle J. Jung.

Dan Johnson called the conference call to order at 4:00 p.m. and thanked those for participating in the conference call.

The committee members reviewed the ethics case information presented and discussed the written complaint. On a motion by Hugh Walker and a second by Lyle Dresher, the committee determined that (name redacted), violated tenets 2 and 3 of the TCMA Code of Ethics and the committee recommends that the TCMA Board impose a public censure, expulsion, and membership bar on (name redacted) for violating these TCMA Code of Ethics tenets.

The committee discussed an existing complaint, but took no action. The committee discussed the development of educational materials for TCMA educational events. A meeting in August or September will be call to develop these materials. Specific attention will be made to encourage TCMA members who are aware of activity that might violate the TCMA Code of Ethics to make formal, written complaints to the TCMA Ethics Committee so these actions can be investigated.

With nothing else on the agenda, the meeting was adjourned at 4:38 p.m.

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TCMA Ethics Committee
June 10, 2010
Conference Call

Members of the Committee participating on the conference call were: TCMA Ethics Committee Chair Julie Couch, city manager, Rockwall; TCMA Ethics Committee Vice Chair Ed Broussard, city manager, Hutto; Gary Brown, city manager, Floydada; Darron Leiker, city manager, Wichita Falls; Pamela Sexton, environmental programs manager, Arlington; Kevin Carruth, city manager, Paris; Terry Roberts, city manager, Brenham; Zina Tedford, city manager, Kirby; Mike Perez, city manager, McAllen; Jose Madrigal, Jr., assistant city manager, Cedar Park; Mirenda McQuagge-Walden, director of community services, Bedford; Brooke Winburn, community services coordinator, Bee Cave; Lyle Dresher, town administrator, Argyle; Nick Finan, executive director of management services, Texas City; Christal Kliewer, assistant city manager, Tomball; Lauri Gillam, assistant city manager, Pflugerville; Hugh Walker, deputy city manager, Bryan; Sharon Johnson, assistant city manager, Leander; and Jerry Reed, city administrator, Venus. TML Staff: Kyle J. Jung.

Julie Couch called the conference call to order at 2:00 p.m. and thanked those for participating in the conference call.

The committee members reviewed the ethics case information presented and discussed the written complaint. On a motion by Lyle Dresher and a second by Sharon Johnson, the committee determined that (name redacted), violated tenets 2 and 3 of the TCMA Code of Ethics and the committee recommends that the TCMA Board impose a public censure, expulsion, and membership bar on (name redacted) for violating these TCMA Code of Ethics tenets.

The committee discussed an existing complaint, but took no action.

The committee discussed an incident involving a TCMA member's actions during the recent May election. Since no complaint was filed, the committee took no action.

Julie Couch asked the committee members if the TCMA Ethics Committee should develop a standard set of educational programs that would satisfy the TCMA ethics training requirements. The committee agreed and Julie Couch, Nick Finan, Mike Perez, Lyle Dresher, Ed Broussard, and Zina Tedford volunteered to serve on a subcommittee to develop this educational material. Once completed, this educational material will be brought back to the committee for review.

With nothing else on the agenda, the meeting was adjourned at 2:45 p.m.

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TCMA Ethics Committee
June 30, 2009
Conference Call

Members of the Committee participating on the conference call were: TCMA Ethics Committee Chair Julie Couch, city manager, Rockwall; TCMA Ethics Committee Vice Chair Ed Broussard, city manager, Hutto; Terry Roberts, city manager, Brenham; Darron Leiker, city manager, Wichita Falls; Christal Kliewer, assistant to the city manager, Grand Prairie; Karen Daly, assistant city manager, Sugar Land; Hugh Walker, deputy city manager, Bryan; Zina Tedford, city manager, Kirby; Mike Perez, city manager, McAllen; Lyle Dresher, town administrator, Argyle; Jose Madrigal, Jr., assistant city manager, Cedar Park; Mirenda McQuagge-Walden, community/special projects manager, Bedford; Dion Miller, city manager, Commerce; Jerry Reed, city administrator, Venus; and Carol Buttler, director of economic and community development, Live Oak. TML Staff: Kyle J. Jung.

Julie Couch called the conference call to order at 10:00 a.m. and thanked those for participating in the conference call.

The committee members reviewed the ethics case information presented and discussed the written complaint. On a motion by Karen Daly and a second by Carol Buttler, the committee determined that (named redacted), violated tenets 2 and 3 of the TCMA Code of Ethics.

On a motion by Ed Broussard and a second by Lyle Dresher, the committee made a recommendation that the TCMA Board impose a public censure on (name redacted) for violating tenets 2 and 3 of the TCMA Code of Ethics.

Carol Buttler, left the conference call and did not participate on any further items.

The committee members reviewed the ethics case information presented and discussed the finding and sanction imposed by the ICMA Board. On a motion by Mike Perez and a second by Mirenda McQuagge-Walden, the committee made a recommendation that the TCMA Board follow the directive included in the TCMA Code of Ethics to accept and impose the same sanction (public censure and expulsion from TCMA) as imposed by the ICMA Board on (name redacted).

With nothing else on the agenda, the meeting was adjourned at 10:45 a.m.

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TCMA Ethics Committee
May 29, 2009
Conference Call

Members of the Committee participating on the conference call were: TCMA Ethics Committee Vice Chair Terry Roberts, city manager, Brenham; Gary Brown, city manager, Floydada; Glen Hackler, city manager, Andrews; Christal Kliewer, assistant to the city manager, Grand Prairie; Kevin Carruth, city manager, Paris; Karen Daly, assistant city manager, Sugar Land; Hugh Walker, deputy city manager, Bryan; Sharon Johnson, assistant city manager, Leander; Carol Buttler, director of economic and community development, Live Oak; Jose Madrigal, Jr., assistant city manager, Cedar Park; Mirenda McQuagge-Walden, community/special projects manager, Bedford; Nick Finan, executive director of management services, Texas City; and Brooke Winburn, assistant to the city administrator, Bee Cave. TML Staff: Kyle J. Jung.

Terry Roberts called the conference call to order at 10:00 a.m. and thanked those for participating in the conference call.

The committee members reviewed the ethics case information and discussed the written complaint. The committee determined that more detail would be needed in the complaint. Terry Roberts volunteered to contact the complainant and ask for a revised complaint indicating which tenets of the TCMA Code of Ethics were alleged violated. The revised complaint would then be forwarded to the member for a response.

Also, the committee requested that the TCMA Board continue the current membership of the TCMA Ethics Committee until this ethics case is resolved since they are familiar with the details of the case.

With nothing else on the agenda, the meeting was adjourned at 10:45 a.m.

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TCMA Ethics Committee
September 21, 2007
3rd Floor Conference Room, Texas Municipal League – Austin

Members of the Committee present were: James Fisher, Chair and City Administrator, Bee Cave; Nick Finan, Assistant City Manager, Pearland; Carol Buttler, Assistant City Manager, Hondo; Tom Muehlenbeck, City Manager, Plano; Lauri Gilliam, Assistant City Manager, Pflugerville; Corby Alexander, City Manager, Bonham. Participating by phone were Gary Brown, City Manager, Floydada; Glen Hackler, City Manager, Andrews; Hugh Walker, Deputy City Manager, Bryan; Dewey Cashwell, Jr., City Manager, South Padre Island; Jack Harper, II, City Manager, Hillsboro; and Christal Kliewer, Assistant to the City Manager, Grand Prairie. TML Staff: Kyle J. Jung.

James Fisher, City Administrator, Bee Cave and committee chair, called the meeting to order at 10:30 a.m. and thanked those in attendance and those participating by conference call.

The Committee reviewed the meeting agenda. James Fisher stated that the online TCMA Ethics Course is in its final stages of development. James Fisher recommended that he and Kyle Jung contact eStrategy Solutions to determine the current status of the course and provide a link to the current version of the materials so the committee members will be able to review the course.

James Fisher presented a revised draft of the TCMA Code of Ethics Rules of Procedure for Enforcement to the committee. The members discussed various items of the revised rules. James Fisher highlighted a new section that pertains to individuals who are both ICMA and TCMA members (Section II Jurisdiction, E. - “Once ICMA has completed its investigation, notice will be sent to the TCMA President and Ethics Committee chair, whereupon the TCMA Board shall accept the decision and actions of ICMA and shall apply the same sanction(s) to the member as TCMA’s action.”). On a motion by Tom Muehlenbeck and a second by Dewey Cashwell, the committee approved the recommendation to forward the revised TCMA Code of Ethics Rules of Procedure for Enforcement to the TCMA Board for approval.

James Fisher raised an issue mentioned to him by other TCMA members, namely how to keep retired city managers involved in TCMA activities while avoiding possible conflicts with the TCMA Code of Ethics. No action was taken on this issue.

Kyle Jung informed the committee of the TCMA dues renewal notices that will be sent out in October instead of January as per the TCMA Board’s direction. A notice is included in the memo reminding the members that the new ethics education requirement will take effect. All TCMA members must satisfy the required ethics training requirement by September 30, 2008 and certify on their 2009 TCMA membership dues renewal form that they completed the required training and note where this training took place.

With nothing else on the agenda, the meeting was adjourned at noon.

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TCMA Ethics Committee
November 9, 2006
3rd Floor Conference Room, Texas Municipal League – Austin

Members of the Committee present were: Chair: James Fisher, Village Administrator, Bee Cave; Tom Muehlenbeck, City Manager, Plano; Elizabeth Reining, Assistant to the City Manager, Portland; Dolores (Molly) Topper, City Manager, Taft; Jack Harper, II, City Manager, Hillsboro; Kevin Carruth, City Manager, Brownwood. Participating by phone was Chad Nehring, City Manager, Center.

TML Staff: Kim Pendergraft and Kyle J. Jung

James Fisher, Village Administrator, Bee Cave and committee chair, called the meeting to order at 10:00 a.m. and thanked those in attendance and those participating by conference call. James Fisher reviewed the meeting agenda and provided an overview regarding the online Ethics training course material developed by the committee members. A copy of the material will be sent to John Matthews at E Strategy Solutions. The committee will review the draft version online and suggest changes. The final version will be presented to the TCMA Board at their January meeting by James Fisher. The committee made recommendations for TCMA members to provide quotes to be used throughout the course material.

Once the final version has been developed and approved, Jack Harper asked if a PowerPoint version can be made so that this training can be taken to regional meetings. This will be discussed with E Strategy Solutions.

During the TCMA Ethics Committee meeting, the committee made four recommendations for consideration by the TCMA Board at their January meeting.

1. The committee discussed the cost associated with the online training and made the recommendation to the TCMA Board that the individual taking the course should pay the cost.

2. The committee discussed the consequences if a TCMA member should fail to take the required ethics training as a condition of continued TCMA membership and made a motion to the TCMA Board that this would be an administrative violation of the TCMA Code of Ethics. If a TCMA member failed to take the required ethics training in one year, a single extension of 30 days would be provided, if requested. If the training has not been completed by the end of that additional thirty days, the member’s name would be submitted to the TCMA Board to be dropped from TCMA membership.

3. The committee discussed the ethics training as a requirement prior to TCMA membership and made the recommendation to the TCMA Board that documentation of taking the TCMA ethics course would be required and included with the TCMA membership application before being sent to the TCMA Board for approval.

4. The committee discussed student members and made the recommendation to the TCMA Board that once a student had taken the TCMA ethics course and included documentation with their membership application, their first year TCMA membership dues would be waived.

With nothing else on the agenda, the meeting was adjourned at 11:40 a.m.

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TCMA Ethics Committee
August 31, 2006
3rd Floor Conference Room, Texas Municipal League – Austin

Members of the Committee present were: Chair: James Fisher, Village Administrator, Bee Cave; Vice Chair: Dick Fletcher, City Manager, Robinson; Region 7: Brad Stafford, City Manager, Navasota; Mary Daly, City Manager, Alvarado; Robert Hanna, City Manager, Hudson Oaks; Christal Kliewer, Assistant to the City Manager, Grand Prairie; Sam Listi, City Manager, Belton; Tom Muehlenbeck, City Manager, Plano; Elizabeth Reining, Assistant to the City Manager, Portland. Participating by phone were: Region 8: David Harris, City Administrator, Hill Country Village; Charles Ewings, Director of Development Services, Longview; Nick Finan, Assistant City Manager, Pearland.

Guests included: John Matthews and Steve Matts from eStrategy Solutions, Inc.

TML Staff: Gary Watkins and Kyle J. Jung

James Fisher, Village Administrator, Bee Cave and committee chair, called the meeting to order at 9:30 a.m. and thanked those in attendance and those participating by conference call. James Fisher reviewed the meeting agenda and introduced John Matthews and Steve Matts from eStrategy Solutions, Inc. The two provided a presentation of the online ethics training projects that their company has developed for other organizations. TCMA staff provided John Matthews copies of the TCMA Code of Ethics, Rules of Procedures, and Randy Pennington’s ethics presentation handout to be used as source material for the content of a TCMA-developed online ethics course. James Fisher wanted to form a subcommittee to work with eStrategy Solutions to develop the content for the online ethics course. Those committee members interested in participating should contact James Fisher.

The Ethics Committee is scheduled to make a recommendation regarding the online ethics training course to the TCMA Board for consideration at their January 11, 2007 meeting. The subcommittee should meet soon to develop the content. The full committee will schedule a meeting in November to finalize the online ethics training course and board recommendation.

The Committee discussed the number of professional development hours that should be dedicated to ethics training. The committee decided that they would recommend two (2) hours of ethics training per year for TCMA members. The committee decided that the online ethics course should be developed to satisfy this training requirement, but that other TCMA educational sessions on ethics should be developed to provide additional opportunities to meet this annual requirement.

The committee discussed how the ethics training requirement should affect new member applications (should ethics training be required before membership or within six months of joining TCMA). No final decision was reached and no committee recommendation was made concerning this issue.

In keeping with a previous Ethics Committee recommendation and TCMA Board decision, documentation of completing the ethics training requirement will be tracked through a check off box on the TCMA membership renewal form.

James Fisher provided a status report of ethics situations.

With nothing else on the agenda, the meeting was adjourned at 12:30 p.m.

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TCMA Ethics Committee
July 14, 2006
Texas Municipal League – Austin

Members of the Committee present were: Chair: James Fisher, Village Administrator, Bee Cave; Vice Chair: Dick Fletcher, City Manager, Robinson; Region 1: Gary Brown, City Manager, Floydada; Region 3: Kevin Carruth, City Manager, Brownwood; Region 6: David Moss, City Manager, Southside; Region 8: David Harris, City Administrator, Hill Country Village; Region 9: Molly Topper, City Manager, Taft; Elizabeth Reining, Assistant to the City Manager, Portland; Christal Kliewer, Assistant to the City Manager, Grand Prairie; Clay Chandler, City Manager, Mansfield; Cindy Stanfield, Administrative Services Manager, Sugar Land; Jack Harper, City Manager, Hillsboro; Tom Muehlenbeck, City Manager, Plano.

TML Staff: Kim Pendergraft and Gary Watkins

James Fisher, Village Administrator, Bee Cave and committee chair, brought the meeting to order at 9:30 a.m. James reviewed the purpose of the committee and emphasized: 1) confidentiality of those on the committee including fact-finding committees and 2) educating the membership on the process of filing a complaint and understanding the process following a filed complaint. Dick Fletcher, City Manager, Robinson and committee vice chair, provided a perspective from the TCMA Board regarding the priority of ethics within the strategic plan.

Clay Chandler, City Manager, Mansfield, was concerned about confidentiality when complaints are filed by non-TCMA members. Gary Watkins reviewed the code, guidelines, and rules of procedure while pointing out the differences between the TCMA and ICMA documents. In particular, differences referenced included:
• Jurisdiction for members not in service
• Defining when a member is no longer a member
• Option of handling a non-member-related situation
• Latitude of proceeding with a case already in the legal system
• Involvement of staff in cases
• Notification to the media
• Reinstatement of a barred or expelled member

The committee was advised that if an individual is a member of both TCMA and ICMA, TCMA relinquishes the right of investigation to ICMA for as long as that member is a member of ICMA. Too, the final decision of a TCMA ethics case is determined by the TCMA Board.

Kim Pendergraft provided a brief demonstration of an online ethics course for the committee to consider as an optional format for members to complete mandatory ethics training.

Chairman Fisher reviewed the status of ethics-related situations and instructed the committee to:
1) Acquire a time on their respective regional program agenda to share what is underway
regarding the ethics committee.
2) Review the sample online program to be sent to them by the staff.
3) Prepare to discuss and reach consensus at the next meeting about:

A. Continuing education: How many of the 40 hours referenced in the guideline to Tenet 8 should/must be ethics-related? What is the minimum acceptable amount of ethics-related training hours someone must have for membership to be approved?
B. Application: Is the intent to approve memberships contingent upon documentation of the training? OR Is the documentation required to accompany the application in order to be approved? How will this impact student membership?
C. Enforcement: Does the association intend to monitor/track the training? Does the association intend to enforce the newly-adopted changes? If so, what are reasonable penalties, sanctions? When will the start date of enforcement begin?

Adjourned at 12:45 p.m.

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TCMA Ethics Committee
March 8, 2006
3rd Floor Conference Room, Texas Municipal League – Austin

Members of the Committee present were: Chair: James Fisher, City Administrator, Bee Cave; David Moss, City Manager, Southside Place; Christal Kliewer, Assistant to the City Manager, Grand Prairie; and Jack Harper, II, City Manager, Hillsboro. Participating by phone were Gary Brown, City Manager, Floydada; Brad Stafford, City Manager, Navasota; Charles Ewings, Interim City Manager, Longview; Julie Couch, City Manager, Rockwall; Elizabeth Reining, Assistant to the City Manager, Portland; Chad Nehring, City Manager, Center; Nick Finan, Assistant City Manager, Pearland. Guest included: Steve Matt, eStrategy Solutions (eSS).

TML Staff: Gary Watkins and Kyle J. Jung

James Fisher thanked Steve Matt for the presentation and then Steve left the meeting.

James Fisher provided the committee members with a copy of proposed changes to the TCMA Code of Ethics Rules of Procedure for Enforcement and asked them to send him comments on the proposed changes. James stated that this was a first draft of revising the Rules of Procedure and that these would be discussed at the next TCMA Ethics Committee meeting.

James Fisher moved on to several ethics issues before the Ethics Committee. He reminded the members present and participating by conference call that Tenet 3 Guideline requires strict confidentiality and that the "Members should not discuss or divulge information with anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure for Enforcement of the Code of Ethics." These ethics issues were discussed by the Ethics Committee and James Fisher will update the TCMA Board at its next meeting scheduled for March 30, 2007.

The Committee reached a consensus regarding a recommendation to the TCMA Board to publish the names, titles, and organizations of those who have applied for membership in TCMA and give current members 30 days to comment to the Chairman of the TCMA Membership Committee before TCMA Board approval. This recommendation will be made at the next TCMA Board meeting.

With nothing else on the agenda, the meeting was adjourned at 12:30 p.m.

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