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I I I 97 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APRIL 8, 1980 PRESENT: Mayor John A. Hansen Council Members Ted Breihan *Robert L. Cavazos Berry R. James John Stokes Kenneth E. Sutton Gilbert G. Tenorio City Manager City Secretary City Attorney A. C. Gonzalez Doriss Hambrick Barbara Edwards Also Present: Mr. and Mrs. Morrisset, Fred Guerra, Melissa Millecam, David McCall, Erica Martin, Jerri Martin, Dr. Craddock, Joe Cox, Ken Long, John Kreczmer, Tess Norris, Jake Krauskopf, John Durrett, Lannie Griffith, Terry Roberts, Marcos Hernandez, Karl Brown, Joe Garza, Sharyl Werner, Ken Kraus, R.G. Phillips, Harvey Shepahrd, W.C. Carson, Rey Guevara-Vasquez, and others. The Mayor called the meetinq to order at 6:00 p.m. The Mayor opened a discussion of the proposed Ethics Ordinance. Mayor Hansen asked the Review Commission to review the ethics code. Jerri Martin made a statement concerning the efforts of the Commission on the writing of the Ordinance. Mr. Sutton asked why all employees were not covered by the code. Jerri Martin said that on the advise of legal counsel, they had left out all City employees from being covered. Joe Cox said their said their decision was a judqement decision and that the Counci could amend it if they wished. He said the general decision in other codes was to not cover all employees. John Stokes asked if this Ordinance was a duplication of other records. Joe Cox said there was some overlap. Mr. Sutton asked what makes the lesser employees any different. He said that this was a case of discrimination. Jerri Martin said all employees are covered by the standards of conduct, but not by the financial statement. Mr. Breihan asked if a person was on a Board as an officer if they could not buy any supplies from that person. Dr. Craddock said business could still be done with that person. Dr. Craddock asked if the Council wanted people serving on Boards, such as the Planning & Zoning Commission, where they make major decisions and1would not have financial disclosure. Dr. Craddock said she knew of many cases in Houston where Council Members profited by decisions made and there was no financial disclosure. Dr. Craddock said that if there is not a record somewhere of what a person holds, there is no way of knowing what they have. Mayor Hansen opened a public hearing to the citizens on this issue. Dr. Long said he did not feel that any person would be hurt by the code. He said he felt it would restore confidence in City officials. John Morrisset read his proposed amendments to the code. He said he felt the commission had done a good job and that they would live with whatever was decided on. R.G. Phillips said this Ordinance would not be infringing on anyone's right and urged the Council to support it. Dr. Craddock said the final decision was the Council's, but that when a private citizen becomes a public officia he loses some of his privacy. David McCall said he felt there would be some people who would not want to serve on Boards because they would not want to disclose information. Mr. Cavazos said he did not like that the information could be published in the papers. Dr. Long siad he did not fee that anyone knew what the majority of the citizens wanted in a disclosure statement. He said Council should put the issue to a vote of the citizens. Harvey Shephard said he had not had many people complain about the financia disclosure. Their concern was about the word "public". Allyn Gill said that the Airport Commission only makes recommendations, not any decisions. He said he could not take the risk to his business to list all his financial holdings. The City Manager said that the Ordinance had passed on two readings and that all the amendments were taken to the commission and all but one were voted on favorably by the commission. He said the other City Managers that he had talked to had the information on their employees privileged to the City Manager only. He felt that the;,Charter * Council Member Cavazos arrived at 6:30 p.m.