Search results matching tags 'ethics board' and 'code of ethics'

Texas Attorney General Rules El Paso County Attorney Is Required To Give Legal Representation To The Ethics Commission

edominguez — Tue, 23 Nov 2010 22:05:00 GMT

El Paso County Attorney Jo Anne Bernal today announced that Texas Attorney General Greg Abbott has issued a legal opinion that confirms the El Paso County Ethics Commission must obtain legal advice from the El Paso County Attorney.

AG Opinion No. GA-0817, issued in response to a request submitted by the El Paso Ethics Commission on December 11, 2009, states that "the County Attorney of El Paso County is required to represent the El Paso County Ethics Commission in all legal maters."

The opinion goes further to affirm that "it could be an improper usurpation of the county attorney's authority...if outside legal counsel were hired solely to...represent the Commission over the objection of the county attorney."

Regarding the issue of whether the County Attorney has a conflict of interest in providing both legal advice and representation to the Commission, Attorney General Abbott deferred the answer to that question to the Texas Committee of Professional Ethics. The opinion also suggest that the El Paso County Ethics Commission may address any such concerns while drafting the ethics code, as long as the code does not contradict both Texas law and the Texas Disciplinary Rules of Professional Conduct.

El Paso County Attorney Jo Anne Bernal said the AG Opinion will put to rest the divisive issue.

"It has always been my professional opinion that the Ethics Commission should receive legal advice from the County Attorney's Office, which is responsible for advising all county officials," Bernal said.

"This opinion brings good news to El Paso taxpayers, because it confirms that the County of El Paso will not have to pay thousands of dollars in outside counsel fees for a job that our office can perform efficiently and effectively," Bernal concluded.

Members of the El Paso Ethics Commission have received copies of the AG Opinion, and will officially discuss accepting it during their next regular meeting scheduled for Thursday December 2, 2010 at 3:00 p.m. in the County Judge's Conference Room, 3^rd floor of the County Courthouse.

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Ethics Commission Representation Press Release.pdf

AG Opinion GA-0817.pdf

AG Opinion Request 0847GA.pdf

Federal Judge Dismisses Lawsuit That Challenged Constitutionality Of The County’s Ethics Legislation

edominguez — Mon, 09 Aug 2010 17:42:00 GMT

El Paso County Attorney Jo Anne Bernal today announced that a Federal District Judge has dismissed a legal challenge filed by a local civil rights activist against the El Paso County's Ethics Legislation approved by the Texas Legislature last year.

On September 28, 2009, El Paso activist Carl Starr sued the County of El Paso and Texas Attorney General Greg Abbott (case EP-09-CV-353-KC) alleging that the implementation of the County Ethics Legislation, which regulates the creation of the County's Ethics Commission, was unconstitutional.

In his lawsuit Mr. Starr particularly objected to a provision of the ethics legislation that penalizes with fines and jail time individuals who file ethics complaints which the County deems to be frivolous or filed in bad faith. The plaintiff argued that the provision infringed on his First and Fourteenth Amendment rights and has a chilling effect on his freedom of expression.

In an order issued late yesterday, United States District Judge Kathleen Cardone dismissed any cause of action against Texas Attorney General Greg Abbott ruling that the 11^th Amendment gives the States sovereign immunity and that the federal courts do not have jurisdiction over cases where a state is made party to a suit without its consent.

U.S. District Judge Cardone also dismissed the lawsuit against the County of El Paso ruling that it was premature for Mr. Starr to bring a lawsuit forward challenging the constitutionality of the Ethics legislation.

In her ruling, Judge Cardone stated:

"Although the County Ethics Commission is empowered with the authority to penalize individuals who file frivolous complaints or disseminate confidential materials, the facts indicate that no such rules are yet in effect. As the alleged County ordinances do not appear to have been adopted or enacted, and the existing state code, which is merely enabling legislation, cannot function to penalize Starr should he file an ethics complaint, any alleged penalties Starr would face appear to be only speculative. As such, Starr has failed to meet his burden of showing that his claim gives rise to a sufficiently ripe controversy."

El Paso County Attorney Jo Anne Bernal today expressed her satisfaction with the court's decision:

"Judge Cardone very carefully avoided ruling on any issue that is not yet fully presented to her for decision," Bernal said.

"Her ruling correctly notes that the El Paso County Ethics Commission has not yet completed its task of drafting a new County Ethics Code. Therefore, Starr's complaint that the Ethics Code is unconstitutional is not yet ready for judicial review," Bernal concluded.

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Ethics Commission Lawsuit Press Release.pdf

Signed Dismissal Order.pdf

County Judge Withdraws Lawsuit Against El Paso County

edominguez — Fri, 12 Jun 2009 21:57:00 GMT

El Paso County Attorney José R. Rodríguez announced today that County Judge Anthony Cobos has dropped the lawsuit he filed against the County of El Paso seeking to stop the El Paso County Board of Ethics from investigating an ethics complaint filed against him.

On Monday June 8, 2009, visiting Judge Martin Brock Jones ruled the County Board of Ethics was not a proper party in the lawsuit, allowing the Board to continue investigating the complaint filed by City Representative Emma Acosta against County Judge Anthony Cobos. The judge also ruled that the County Attorney was not disqualified from representing both the County of El Paso and the El Paso Board of Ethics.

El Paso County Attorney José R. Rodríguez expressed his satisfaction with Judge Cobos’ decision to nonsuit the county. “It is unfortunate that so much time and county resources were wasted on a suit without merit,” Rodriguez said.

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Ethics Board Lawsuit Press Release.pdf

Notice of Nonsuit.pdf

County Officials Testify Before The Texas Legislature In Support Of Creating A County Ethics Commission

edominguez — Mon, 23 Mar 2009 21:59:00 GMT

El Paso County Attorney José R. Rodríguez and Precinct 1 County Commissioner Anna Pérez will testify today in Austin before the Texas Legislature in support of a bill that would give the County of El Paso the authority to create an "Ethics Commission" with the power to investigate complaints and assess civil penalties.

On February 23, 2009, El Paso County Commissioners approved the language for a proposed legislation that would create an Ethics Commission with the authority to receive confidential complaints, investigate those complaints, with subpoena power, and with the authority to assess civil fines and refer cases to the appropriate prosecuting attorney in case of criminal violation of the ethics code.

The proposal was filed by Representative Marisa Marquez as House Bill 2301 on March 3^rd, and by Senator Eliot Shapleigh as Senate Bill 1368 on March 4^th.

Today El Paso County Attorney José R. Rodríguez and Precinct 1 Commissioner Anna Pérez will testify before the House Committee on County Affairs and the Senate Committee on International Relations & Trade in support of the corresponding bills.

Under the proposal, the Ethics Commission will regulate the conduct of County officials, County employees, vendors, lobbyist and others who do business with the County. The Commission will consist of 9-members: one appointed by each member of Commissioners Court, and 4 representatives "at large" from the public chosen by the appointed members.

El Paso County Attorney José R. Rodríguez explained creating a County Ethics Commission "with teeth" became necessary after the FBI revealed that it had been conducting a public corruption investigation involving county elected officials, judges and employees.

"Tainted deals have cost our County millions, and it is costing us still more money, time and resources to try and recover some of that lost property," said County Attorney Rodríguez.

"The idea of an ethics code makes some people nervous, but most people realize that it is simply good policy to identify questionable behavior and put it out of bounds," Rodríguez concluded.

El Paso County Commissioner Anna Pérez said creating a County Ethics Commission "is an opportunity to be state leaders in sharing accountable government.

"We need to work on improving the public's trust in county government," Perez concluded.

The hearing of the Senate Committee on International Relations & Trade is scheduled to begin at 12:30 p.m. (El Paso time) in room E1.016. To watch the live streaming of the hearing follow this link: http://www.senate.state.tx.us/ram/helix/ch6.ram

The hearing of the House Committee on County Affairs is scheduled to begin at 1:00 p.m. (El Paso time) in room E2.016. To watch the live streaming of the hearing follow this link: http://www.house.state.tx.us/fx/av/live/extlivecmte36.ram

WHO: County Attorney José R. Rodríguez and County Commissioner Anna Pérez

WHAT: Testimony before the Texas Legislature in favor of the creation of the El Paso County Ethics Commission

WHEN: Monday March 23, 2009 at 12:30 p.m. and 1:00 p.m. El Paso time.

WHERE: State Capitol, Austin Texas.

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Ethics Commission Hearing Press Release.pdf

JRR Testimony for SB 1368.pdf

Exhibit A- Summary Ethics Legislation HB2301.pdf

Commissioner’s Court Endorses Legislative Proposal To Create El Paso County Ethics Commission

edominguez — Thu, 12 Mar 2009 20:31:00 GMT

Bill Now Goes Before the Texas Legislature for Discussion and Approval

By a 5-0 vote, the El Paso Commissioner's Court this morning approved proposed legislation to provide statutory authority and enhanced power to the current County Board of Ethics.

The proposal calls for the creation of a 9-member body to oversee compliance of the County's Ethics Code: one appointed by each member of Commissioner's Court, and 4 representatives from the public chosen by the appointed members.

If approved by the Texas Legislature, the proposed bill will authorize the El Paso Ethics Commission to assess civil and criminal penalties for violations of the ethics code. Some of the penalties contemplated in the proposed legislation include fines of up to $4,000 for violations, fines of up to $500 for County public servants (Elected County officials, County employees and agents), lobbyists and vendors who delay providing information to the Commission, and up to 3 months in jail for unauthorized destruction or release of confidential information.

During the meeting, El Paso County Attorney José R. Rodriguez explained the proposed legislation was necessary because currently county governments under Texas law do not have the power to enact ethics codes with civil or criminal sanctions.

"In the last few months we have heard criticism from El Paso residents who rightly point out that the current County Ethics Code does not have teeth. The current Board of Ethics can only issue "public censures" to individuals who violate the code, and that to residents is the equivalent of a slap on the wrist," County Attorney Rodriguez explained.

"With the approval of this item, El Paso County becomes a state leader in demanding ethical conduct from its public servants and the individuals who solicit business from them," Rodriguez concluded.

The proposed legislation now goes to members of the El Paso legislative delegation and will be filed in the Texas House and Senate in the next few days.

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Ethics Commission Proposal Press Release.pdf

Summary Ethics Legislation 2-18-09.pdf

County Ethics Commission Bill Draft 2-24-09.pdf

County Ethics Board Approves Legislative Proposal To Impose Civil And Criminal Penalties To County Public Servants, Lobbyist And Vendors Who Violate The Code Of Ethics

edominguez — Sat, 21 Feb 2009 00:09:00 GMT

The El Paso County Ethics Board met this morning in a special meeting and approved proposed legislation to authorize the creation of an Ethics Commission. The Commission, in contrast to the current Ethics Board, would have the authority to enact an Ethics Code that includes assessing fines and criminal penalties to County public servants, lobbyist and vendors, who violate the Code.

At the meeting El Paso County Attorney José R. Rodriguez explained the details of the legislative proposal, explaining that the residents of El Paso demand more accountability from County government.

If approved as written, the proposed legislation would create an Ethics Commission of 9 members; one appointed by each member of the Commissioner's Court, and 4 representatives from the public chosen by the appointed members.

The bill would also authorize the Commission to assess fines of up to $4,000 for violations to the Code of Ethics, of up to $500 to officials or County employees for delays in providing information to the Commission, and up to 3 months in jail for unauthorized destruction or release of confidential information.

The legislation would also give the Commission strong investigative powers, including the authority to issue subpoenas and offer witnesses whistle blower protection.

El Paso County Attorney José Rodríguez said residents of El Paso County have been demanding more accountability from their County officials, particularly after some of them became the target of a public corruption investigation by the local FBI.

"During the last few months taxpayers and the media have been criticizing the County's Board of Ethics because it lacks "teeth" to enforce violations to the Code of Ethics. The approval of the proposed legislation today is the first step towards implementing a new system that will require from elected officials and County employees higher degrees of professionalism and honesty," Rodriguez said.

Members of the Ethics Board will present the proposed legislation to the El Paso Commissioner's County on Monday February 23, 2009 and request their support for the measure. If approved, the bill will be filed in the Texas legislature by members of El Paso delegation.

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Summary Ethics Legislation 2-18-09.pdf

County Ethics Commission Bill Draft 2-18-09.pdf