12.02.20 Regular Meeting - Laserfiche WebLink

Home Browse Search

City Council Meeting Minutes December 2, 2020 boards recommendation at a future meeting. 16. Hold discussion on Ethics Review Commission Recommendation Resolution 2020-3, recommending amendments to the San Marcos Code of Ethics that would: require ethics complaints to be sworn before a notary public; require notice to be given to individuals who file ethics complaints regarding potential consequences of filing groundless complaints; prohibit the filing of an ethics complaint regarding any violation alleged to have occurred more than six months prior to the filing date; require city officials and employees to cooperate with the Ethics Review Commission during hearings on ethics complaints by testifying and producing documents; prohibit retaliation in the form of adverse personnel action against City employees who file ethics complaints in good faith or who testify or produce documents during ethics complaint hearings; prohibit city officials or employees from using their positions to threaten or intimidate a city employee to discourage the employee from filing an ethics complaint or cooperating in an ethics complaint hearing, and provide direction to Staff. Michael Cosentino, City Attorney, provided the presentation regarding the recommendation made by the Ethics Review Commission (ERC) to amend the San Marcos Code of Ethics. Council Member Derrick inquired about the time frame for filing a complaint in regards to an election. Mr. Cosentino stated no complaint can be filed beginning the 60th day before the first day of early voting of any election and ending on the later of the regular election day or runoff election. Council Member Derrick stated that the Ethics Review Commission brought information forward that recommends making employee compliance mandatory. Mr. Cosentino stated council received this information at a prior meeting and during that time Council made it clear if there is consideration to require them to participate then a code amendment will also need to be made to provide protection for the whistleblower. The Ordinance amendment before you, would take care of both of these concerns. Mayor Hughson referenced item #4 which requires the original complaint to be notarized. She inquired about the complainant bringing another individual forward and wants to know if their name is required to be presented in the sworn statement that is presented to the Ethics Commission. After some deliberation, Mayor Hughson asked Council if additional names should be provided in a statement that needs to be notarized and there was agreement to do so. Council Member Baker asked about city employees not being required to report ethics violations because employees are not trained enough in ethics and City of San Marcos Page 12