Kyle City Council members accuse each other of ethics breaks
Feb 22, 2017 12:35:00 GMT
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Post by benson on Feb 22, 2017 12:35:00 GMT
Two Kyle City Council members accuse each other of ethics violations
Two Kyle City Council members have accused each other of ethics violations, setting the stage for a contentious council meeting on Tuesday evening.
At issue is an agenda item brought by Council Member Travis Mitchell regarding possible ethics violations by Council Member Daphne Tenorio.
The agenda item does not provide more detail on the alleged violations. However, a letter from Chevo Pastrano, an attorney representing Tenorio, suggests the accusations may relate to her pending purchase of the American Basketball Association’s Kyle Stallions, a semi-professional basketball team.
Pastrano’s letter, addressed to the city attorney and dated Tuesday, asserts that Tenorio was doing due diligence before finalizing the purchase of the team by requesting an advisory opinion from the city ethics commission and filing a petition for a declaratory ruling from the body. The letter calls Mitchell “reckless” for bringing the item before the council without speaking with Tenorio about whether she had done due diligence.
Pastrano also fired back at Mitchell and alleged that the council member is mired in a separate conflict of interest and therefore “throwing stones when (he lives) in a glass house.”
“It is notable that Council Member Travis Mitchell would wrongfully allege criminal and ethical violations of another council member while, simultaneously, lining his pockets and/or his family business’s bank account with a few extra dollars directly from the City of Kyle,” Pastrano writes.
The letter alleges that a conflict of interest exists because Mitchell is a partner in a company, Mitchell Family Motor Trikes, which sold equipment and services totaling about $1,900 to the city, and Mitchell approved the city budget.
Pastrano’s letter, copied to the Hays County District Attorney Wes Mau, invites a criminal investigation into the prospective sale of the basketball team as well as Mitchell’s business’ involvement with the city.
Mitchell told the American-Statesman on Tuesday that after he was elected last year, he asked the city attorney and city manager whether his company could do business with the city and was told there was no conflict.
“I am 100 percent confident that I have committed no ethics violation and that Council Member Tenorio’s accusation against me is frivolous and retaliatory,” Mitchell said.
The letter from Tenorio’s attorney asserts that the council meeting is “not the proper forum to conduct a criminal investigation and criminal prosecution” and would be a violation of Tenorio’s right to due process. It also asserts the council meeting is not the proper forum to bring up a possible city ethics code violation, but rather a complaint should be filed.
The letter calls for city attorney Frank Garza to advise the council to withdraw the item.
Mitchell said Tuesday afternoon that he still planned to bring the item forward but was consulting an attorney with the Texas Municipal League to make sure he is within his right to do so.
Mayor Todd Webster declined to comment on Mitchell’s item regarding Tenorio, saying city code barred him from speaking about a request before the ethic commission.
Webster defended Mitchell, though, saying there was no conflict because he never voted on any line item relating to business with his company. Webster said the purchases described in the letter were made by city staff and did not reach the threshold dollar amount required to trigger council action.
www.mystatesman.com/news/local/two-kyle-city-council-members-accuse-each-other-ethics-violations/XfRAMLXKkSBSqip4Y8BARN/
Two Kyle City Council members have accused each other of ethics violations, setting the stage for a contentious council meeting on Tuesday evening.
At issue is an agenda item brought by Council Member Travis Mitchell regarding possible ethics violations by Council Member Daphne Tenorio.
The agenda item does not provide more detail on the alleged violations. However, a letter from Chevo Pastrano, an attorney representing Tenorio, suggests the accusations may relate to her pending purchase of the American Basketball Association’s Kyle Stallions, a semi-professional basketball team.
Pastrano’s letter, addressed to the city attorney and dated Tuesday, asserts that Tenorio was doing due diligence before finalizing the purchase of the team by requesting an advisory opinion from the city ethics commission and filing a petition for a declaratory ruling from the body. The letter calls Mitchell “reckless” for bringing the item before the council without speaking with Tenorio about whether she had done due diligence.
Pastrano also fired back at Mitchell and alleged that the council member is mired in a separate conflict of interest and therefore “throwing stones when (he lives) in a glass house.”
“It is notable that Council Member Travis Mitchell would wrongfully allege criminal and ethical violations of another council member while, simultaneously, lining his pockets and/or his family business’s bank account with a few extra dollars directly from the City of Kyle,” Pastrano writes.
The letter alleges that a conflict of interest exists because Mitchell is a partner in a company, Mitchell Family Motor Trikes, which sold equipment and services totaling about $1,900 to the city, and Mitchell approved the city budget.
Pastrano’s letter, copied to the Hays County District Attorney Wes Mau, invites a criminal investigation into the prospective sale of the basketball team as well as Mitchell’s business’ involvement with the city.
Mitchell told the American-Statesman on Tuesday that after he was elected last year, he asked the city attorney and city manager whether his company could do business with the city and was told there was no conflict.
“I am 100 percent confident that I have committed no ethics violation and that Council Member Tenorio’s accusation against me is frivolous and retaliatory,” Mitchell said.
The letter from Tenorio’s attorney asserts that the council meeting is “not the proper forum to conduct a criminal investigation and criminal prosecution” and would be a violation of Tenorio’s right to due process. It also asserts the council meeting is not the proper forum to bring up a possible city ethics code violation, but rather a complaint should be filed.
The letter calls for city attorney Frank Garza to advise the council to withdraw the item.
Mitchell said Tuesday afternoon that he still planned to bring the item forward but was consulting an attorney with the Texas Municipal League to make sure he is within his right to do so.
Mayor Todd Webster declined to comment on Mitchell’s item regarding Tenorio, saying city code barred him from speaking about a request before the ethic commission.
Webster defended Mitchell, though, saying there was no conflict because he never voted on any line item relating to business with his company. Webster said the purchases described in the letter were made by city staff and did not reach the threshold dollar amount required to trigger council action.
www.mystatesman.com/news/local/two-kyle-city-council-members-accuse-each-other-ethics-violations/XfRAMLXKkSBSqip4Y8BARN/
