Home > Postcards > Archives > Ethics category
Ethics
May 18, 2009
State contracts? Lege must disclose
With a one-page amendment, the Texas Senate this afternoon ramped up a state law that will require lawmakers to publicly disclose any business they do with state agencies.
In doing so, some legislators could admit they are violating the state Constitution.
Under current ethics law, lawmakers must disclose only their business holdings. But they do not have to disclose contracts with state agencies, some of which are as subcontractors.
While the Texas Constitution prohibits lawmakers from holding any direct or indirect interest in any state business, the wording of the current law in recent decades has been cited as a loophole that allowed lawmakers not to report that their companies were pouring concrete at state prisons, selling fuel to agencies and did state business through other indirect contracts.
Permalink | Comments (3) | Post your comment Categories: Ethics
April 27, 2009
House moves toward penalties for 'groundless' election ethics complaints
The House tentatively approved Rep. Will Hartnett’s proposal to hold people liable who file false and “groundless” complaints with the Texas Ethics Commission just before an election.
Today’s 84-54 second-reading vote gave a tentative green light to House Bill 677. If passed, members of the public and candidates who file complaints with the Ethics Commission 30 days before an election would be responsible for the subject of the complaint’s defense fees if the commission finds the claims incorrect, “groundless” and “frivolous.”
The idea is to discourage the use of media coverage to change an election, said Hartnett, R-Dallas. Since it takes the commission several weeks to investigate a claim, political opponents often file a complaint and leak the document to the press, resulting in headlines, altered public perception and frequently, a new victor in the election, the representative said.
“If it’s a good complaint, they can file it without any concern,” Hartnett said. “You only have to pay the attorney’s fees if the claims are groundless.”
But many lawmakers said the proposal could have a “chilling effect” on legitimate complaints. The reason, said Rep. Chris Turner, D-Burleson, is that people will have to consider the financial repercussions if their claim turns out to be wrong, since terms like “groundless” are not legally defined.
“There’s no way to predict what the Ethics Commission is going to do,” Turner said. “It sets up a barrier to the public to hold us accountable.”
Hartnett said that since decisions are not made until after the election, there’s no harm in waiting to file a complaint until after a winner is determined.
“I’m not removing the right of the complainant to make the complaint,” he said. “I’m trying to remove the gaming of the media.”
Turner still disagreed.
“Things change after the election,” Turner said. “Someone’s won, someone’s lost.”
Permalink | Comments (2) | Post your comment Categories: Ethics
March 2, 2009
Ex-Rep. Goodman cleared on ethics violation
Years after he was cited for violating Texas’ ethics laws, former state Rep. Toby Goodman, R-Arlington, has been cleared by a Fort Worth judge of violating campaign laws in a case that drew him a $10,000 fine.
In a decision last Thursday, state District Judge Randy Catterton agreed with Goodman in reversing the Texas Ethics Commission’s earlier determination last week. Catterton ruled that Goodman, an attorney, did not pay more than fair market value to rent homes near Austin.
The controversy surrounding the issue helped scuttle Goodman’s reelection in 2006.
Similar ethics complaints were filed against other lawmakers, and the rent issue figured in the defeat of state Sen. Kim Brimer, R-Fort Worth, last fall by Democrat Wendy Davis.
Goodman had been paying his wife rent for an Austin apartment out of campaign funds. Goodman insisted he had relied on a previous Ethics Commission ruling in paying his wife, so long as the rent did not exceed the fair market value.
The Ethics Commission later determined that Goodman had violated state election laws because his rent payments reduced his wife’s mortgage indebtedness.
Ethics Commission Executive Director David Reisman told the House Elections Committee today that the agency was considering an appeal.
Permalink | Comments (1) | Post your comment Categories: Ethics
November 12, 2008
Flores investigation widening
The McAllen Monitor is reporting that the investigation into Rep. Kino Flores is expanding.
Read the story here http://www.themonitor.com/articles/flores19728_article.html/slayingprosecutors.html
Permalink | Comments (2) | Post your comment Categories: Ethics
November 7, 2008
DA, Feds investigating Rep. Kino Flores
Travis County prosecutors, with assistance from federal agents, are investigating state Rep. Kino Flores, D-Palmview.
The investigation began into questions whether Flores illegally accepted a gift when he traveled at least three times between Austin and McAllen on a plane owned by the LaMantia family, who owns a Budweiser distributorship in South Texas and is developing a $23 million horse racetrack in Hidalgo County.
The investigation now has expanded into whether Flores charged the the state for some of the same trips, according to a source familiar with the investigation.
Flores is chairman of the House committee that oversees gambling legislation.
His attorney, Roy Minton of Austin, confirmed his client is under investigation.
“The district attorney’s office is investigating how Kino paid for his travel expenses, which I believe was a proper way for such expenses to be paid,” Minton said. He also said he was aware that an FBI agent had been asking questions.
Minton said his client hitched a ride on the LaMantia plane three times on trips between Austin and McAllen. He said Flores reimbursed them $1,500, which is what he thought was fair market value.
State law, however, restricts lawmakers from accepting gifts with only a few exceptions. One is that lobbyists can pay for a lawmaker’s travel if it’s a fact-finding trip or the lawmaker plays a significant role, such as giving a speech, at an industry meeting.
Minton denied rumors that Flores is considering a plea offer in exchange for his resignation.
“There has been no offer or threat made by the district attorney,” Minton said.
The LaMantia family could not be reached for comment.
Flores is a key ally of Speaker Tom Craddick, a Midland Republican, who helped finance his re-election. Craddick is locked in a tough re-election battle of his own, asking the 150-members to re-elect him as speaker.
Flores’s availability would be crucial to Craddick’s re-election.
Permalink | Comments (3) | Post your comment Categories: Ethics
November 6, 2008
Eissler's ethics settlement disclosed
The Texas Ethics Commission has fined Rep. Rob Eissler $10,600 and ordered him to repay his campaign $18,106 in improper expenditures.
That’s less than what Eissler, R-The Woodlands, indicated he might have to repay.
Eissler had told reporters earlier this year that he might have to repay as much as $52,000 that he paid his wife to run his legislative office. He also had paid $17,000 on expenses related to an Austin condo.
He paid for both out of his political donations.
State law prohibits a lawmaker paying himself, spouse or dependent children with political donations. The intent is to prevent a legislator from living off campaign donors. The law also allows members to pay for living expenses while in Austin but not to purchase real estate.
In Eissler’s case, he reported paying his wife $17,000 for rent on a condo in Hyde Park.
He swore in ethics commission documents that the money actually was for homeowner association dues for trash, water and other expenses allowed under the law.
“I am aware that I used the word ‘rent’ on the report,” Eissler told the commission. “However, for me, the use of the word ‘rent’ is interchangeable with an expense.”
The ethics commission also reduced the amount Eissler had to reimburse for paying his wife to run his legislative office because of statute of limitations.
The commission ordered Eissler to repay his campaign the $18,106 out of personal funds but the law allows a public official to pay the fine out of his political donations.
One unusual feature about the Eissler order: Although Eissler settled the complaint with the ethics commission months ago, the details of the settlement were not released at the time. As part of the settlement, the ethics commission agreed not to release it until now.
Permalink | Comments (0) | Post your comment Categories: Ethics
September 3, 2008
TAB trial tentatively set for Nov. 10
State District Judge Mike Lynch on Wednesday tentatively ordered a trial for the Texas Association of Business on charges that it made illegal corporate contributions to its own political action committee.
In effect, the state’s largest business organization is accused of paying its officers with corporate dollars while they were politicking for a slate of legislative candidates in 2002.
The defense argued that the group’s actions were protected free speech, while prosecutors claim the association violated the state ban on spending corporate money in connection with campaigns.
Permalink | Comments (2) | Post your comment Categories: Ethics
May 27, 2007
Perry getting ban on legislators renting from family
House members sent Gov. Rick Perry a proposal barring lawmakers from spending political donations on renting property from other family members. Last year, newspapers and political consultants revealed that some members were doing so.
According to a bill analysis, since 1996, the Texas Ethics Commission has approved the ethical and legal use of campaign funds for state legislators to pay rent for Austin lodging if the rented property is separate property owned by the legislator’s spouse.
Unsaid: But it smelled bad.
The approved measure prohibits legislators from using campaign funds to pay rent on either community property or separate property of their spouses.
Permalink | | Categories: Ethics
April 24, 2007
Texans for Public Justice report analyzes lawmakers' travel costs
Texans for Public Justice has tallied how much officeholder travel has been funded lately by lobbyists and other interests. Gov. Rick Perry tops the list of beneficiaries; he travels more than other officeholders. The report also digs out how much travel legislators have taken—with Sen. Kim Brimer, R-Fort Worth, and Rep. Mike Krusee, R-Williamson County, among top beneficiaries.
TPJ doesn’t say any laws were broken, but the group advocates changes in law, however. Highlight: “Following Congress’ lead, Texas should ban lobbyists, lobby firms and their clients from giving any gifts of more than a nominal value to candidates, public officials or their staffs. Similarly, candidates, public officials and their staffs should be prohibited from flying on non-commercial aircraft furnished by outside private interests. Under such rules, Texas candidates, public officials and their staffs would limit their flights to commercial aircraft, state-maintained aircraft or their own personal aircraft.”
Read the report.
Permalink | Comments (2) | Categories: Ethics
April 12, 2007
Gift-definition proposal clears House
House members today sent the Senate a measure by Rep. Elliott Naishtat, D-Austin, requiring public officials to report the fair-market value of gifts.
Senators last month advanced a measure by Sen. Royce West, D-Dallas, requiring officials to disclose the value of gifts they receive of $250 or more.
Look for the bodies to sort their differences, or not, by the end of the session May 28.
Existing law requires reporting of a gift of $250 in value or more, but not the precise value.
The Texas Ethics Commission advised last year that a state official need not report the value of a gift of cash or cash equivalent on his or her personal financial disclosure statement.
The issue of cash gifts dogged the commission after it was revealed that Bill Ceverha, a member of the state Employee Retirement System board, took $100,000 from Houston homebuilder Bob Perry, the state’s largest individual campaign donor.
Initially, Ceverha reported receiving a gift from Perry without identifying how much.
Permalink | | Categories: Campaign finance, Ethics, House
February 12, 2007
House committees' agenda: Dinner.
Four Texas House committees plan to gather at Austin restaurants this week for getting-to-know-you dinners.
The dinners are not unusual, longtime Capitol folk say, but it is rare (very rare if you like steak that moos) to have committee chiefs post the meetings as public gatherings.
Not that members necessarily want the public to show up. Asked what might happen if anyone from the public shows up for the House Committee on Energy Resources’ dinner at Ruth’s Chris Steakhouse at 7 p.m. Tuesday, Chairman Rick Hardcastle, R-Vernon, said: “Probably get asked to leave.” Then he said he was just trying to be funny.
Tonight, three committees — Rules and Resolutions, Financial Institutions and Law Enforcement — were scheduled to dine at Carmelo’s, Austin Land & Cattle Company and Ruth’s Chris, according to postings.
Denise Davis, the House parliamentarian, said she has informally advised House members to post the social events as meetings if they expect a quorum (or majority) of committee members to attend. She said she’s carrying forward a recommendation that germinated with a previous parliamentarian in 2003.
Who picks up the tabs?
Hardcastle said he plans to buy dinner for his colleagues by tapping his campaign kitty.
Rep. Burt Solomons, R-Carrollton, said his the financial institutions panel’s dinner is being sponsored groups that don’t have business before the committee. Solomons’ office got more specific later and said the dinner was being sponsored Public Strategies, the law office of Jaime Capelo and Verizon — all entities that don’t have any business before the committee.
Rep. Ruth Jones McClendon, D-San Antonio, said it’s uncertain how the Committee on Rules and Resolutions’ dinner will be covered. “I’ll probably end up paying,” she said.
Rep. Valinda Bolton, D-Austin, a member of the rules and resolutions panel, said she planned to drop by the dinner before heading to Monday night’s meeting of the Capital Area Metropolitan Planning Organization (CAMPO). She said it could be her first meal at Carmelos. “I’m hoping somebody throws a bread stick in my general direction,” she said.
Rep. Joe Driver, chairman of the Committee on Law Enforcement, didn’t immediately return a call for comment.
