Harlingen looks at ethics guidelines

HARLINGEN — Formation of a committee to investigate any possible ethics violations was begun Wednesday by city commissioners.

Commissioners Robert Leftwich and Jerry Prepejchal put the item on the meeting agenda.

City Manager Craig Lonon asked if the process would replace ethics investigations now conducted by the city attorney under provisions of the city’s ethics ordinance.

Leftwich, who had promised to push for creation of an ethics commission or committee during his re-election bid, said the committee and city attorney would work hand-in-hand.

The city attorney would still be the “point man” in such an investigation, Leftwich said.

“This isn’t any different than the audit committee, where we have the internal auditor and the external auditor funneling financial information to the City Commission and overseeing the financial aspect of it,” Leftwich said. “The ethics commission … will hear complaints. … There should be provisions in the ethics ordinance to prevent or deter people from using the ordinance so people don’t file erroneous complaints against individuals for harassment purposes.

“We’ve just had a situation, which I won’t go into details about, which involves more of an abuse of our ethics ordinance,” he said.

“Having a committee would filter some of that out, establish guidelines … so we would have an environment that would deter that type of conduct.”

If an ethics complaint proves to be valid after being discussed by the ethics committee, “if need be, somebody can come forward and file an official affidavit,” Leftwich said.

Such situations could be discussed by the ethics committee in executive session, he said.

But Mayor Chris Boswell questioned whether the state open meetings law allows such a committee to meet in closed session.
The mayor said the staff “needs to get at least three different models” of ethics committees formed in other cities.

Other information, such as fines imposed for ethics violations in other cities, is needed for commissioners to consider, Boswell said.

Commissioner Kori Marra said care needs to be taken that information submitted to the ethics commission isn’t leaked prematurely.

“I’m all for this,” she said. “But the slander issue needs to be watched.”

Formation of such a committee should not give the impression that Harlingen city government is wracked with scandal, the mayor said.

“We should not imply that corruption is prevalent,” Boswell said. “I’m not aware of any corruption. If somebody knows of some, they shouldn’t wait for the ethics committee to be formed. They should bring it to our attention now.”

In other business, commissioners discussed replacing Samuel Treviño, who had been appointed to a citizens committee to negotiate a service plan for an area west of Harlingen annexed in November 2008.

Treviño verbally resigned from the group and Assistant City Manager Gabriel Gonzalez offered Leslie Clark as a replacement, stating he was the only person in the annexed area staff members could find who is willing to serve.

Local pastor George Merrill said Clark should not be chosen because his fireworks stand was “grandfathered” by city officials after the annexation, allowing him to stay in business in the annexed area.

That could give the impression Clark may be biased because he received favorable consideration from the city, Merrill said.

But Charles Lee and Dial Dunkin, leaders of a group opposed to the annexation of the area where they live, maintain the city already violated the law by not asking Cameron County commissioners to appoint a five-member committee to negotiate a
service plan, as required state law, before the annexation took place.

The group plans to take the city to court to force de-annexation, Lee and Dunkin said.