Title
Consider/Discuss/Act on a Civil Ethics Complaint - Shemwell, L. 2019-11-12
Summary
Under Ordinance No. 2018-08-063 (the McKinney Ethics Ordinance) the City Council shall review a preliminary report of the investigating attorney on a complaint and dismiss or order further investigation of the complaint.
COUNCIL GOAL: Operational Excellence
MEETING DATE: December 17, 2019
DEPARTMENT: City Attorney
City Secretary
CONTACT: Mark S. Houser, City Attorney
Empress Drane, City Secretary
RECOMMENDED CITY COUNCIL ACTION:
Review the Investigating Attorney's Preliminary Report (Closed Session) and vote under ARTICLE VII. - CODE OF ETHICAL CONDUCT AND PROCEDURES, DIVISION 4. - CIVIL COMPLAINT PROCEDURES, Section 2-293 (1)-(4) to either (a) dismiss the complaint or (b) order the further investigation of the pending complaint.
ITEM SUMMARY:
* The City Secretary has received an ethics complaint, Ethics Complaint - Shemwell, L. 2019-11-12 which has been reviewed by an Investigating Attorney pursuant to the Ethics Ordinance. The next step in the review process involves the City Council's decision to dismiss (for the grounds listed in the Ordinance) OR to order a more thorough investigation because sufficient cause exists to suggest a civil violation may have occurred.
* The City Council may convene in Closed Session under the Texas Open Meetings Act, Section 551.074 to discuss the pending matter; however, the subject (person) of the complaint may require the deliberations to be in a public hearing under Section 551.074(b). Notwithstanding the above, the City Council may convene in Closed Session with its attorney to seek legal advice on this matter under Texas Open Meetings Act, Section 551.071(a).
Sec. 551.074. PERSONNEL MATTERS; CLOSED MEETING.
(a) This chapter does not require a governmental body to conduct an open meeting:
(1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public ...
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