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Board of Ethics

Regular Meeting

Bastrop, TX · March 25, 2024

AgendaPacketMinutes

Minutes

MINUTES OF SPECIAL MEETING City of Bastrop Board of Ethics Monday, March 25, 2024 Pursuant to the Texas Government Code, Chapter 551, the City of Bastrop Board of Ethics met in a Special Meeting on Monday, March 25, 2024, at 1:30 p.m. at the Bastrop City Hall, 1311 Chestnut Street, Bastrop Texas. Commissioners present: Chairman Judge Duggan, and Commissioners Jackson, Caldwell, Lokumbe, and Long. City Staff present: Ross Fischer, Attorney; Alan Bojorquez, City Attorney; and Sylvia Carrillo-Trevino, City Manager; and Ann Franklin, City Secretary. CALL TO ORDER At 1:32 p.m. Chair Duggan called the meeting to order with, a quorum present. CITIZEN COMMENTS SPEAKER Christine Long 223 Hidden Springs Dr. Bastrop, TX 78602 512-618-3000 MINUTE APPROVAL 3A. Approval of Meeting Minutes from February 6, 2024. This item was tabled to be taken up later in the meeting. EXECUTIVE SESSION The Board of Ethics met at 1:38 a.m. in a closed/executive session pursuant to the Texas Government Code, Chapter 551, et seq, to discuss the following: A motion was made by Commissioner Duggan to go into Executive Session to seek legal counsel regarding the motion by James Ringel of Ringel & Brymer, PLLC on behalf of Lyle Nelson to have a closed hearing and the procedure with regard to submitting sworn statements, documentary evidence, and identities of the witnesses, seconded by Commissioner Jackson, motion was approved on a 5-0 vote. 6A. Ethics Commission may convene into closed executive session pursuant to Texas Government Code: Section 551.071, to seek the advice of legal counsel regarding the formal ethics complaint received on January 18, 2024. Section 551.074(a)(2), to consider a complaint or charge against a public officer (Lyle Nelson, Mayor) received on January 18, 2024. Commissioner Duggan recessed the Executive Session at 2:18 a.m. TAKE ANY NECESSARY OR APPROPRIATE ACTION ON MATTERS POSTED FOR CONSIDERATION IN CLOSED/EXECUTIVE SESSION No action taken. Ethics Commission March 25, 2024 Page 1 of 2 MINUTE APPROVAL 3A. Approval of Meeting Minutes from February 6, 2024. Motion was made by Chair Duggan to approve the minutes from the February 6, 2024, meeting, seconded by Commissioner Lokumbe, motion was approved on a 5-0 vote. 4. CONSIDER PROCEDURAL ISSUES 4A. Consider procedural motions, evidentiary objections, or issues related to complaint against Lyle Nelson. Motion was made by Chair Duggan to deny the motion to have any type of evidentiary hearing to be a closed meeting, seconded by Commissioner Lokumbe, motion was approved on a 5-0 vote. 5. EVIDENTIARY HEARING 5A. The Board of Ethics will conduct an Evidentiary Hearing with regard to the complaint filed by Mayor Pro Tem John Kirkland against Mayor Lyle Nelson to determine whether Lyle Nelson violated Section 1.15.009(h)(2) of the City of Bastrop Code of Ethics (Article 1.15 of the Code of Ordinances). Depending on the outcome of the Evidentiary Hearing, the Board of Ethics may deliberate and take action on the assessment of the appropriate sanction. Motion was made by Chair Duggan to postpone the hearing to receive witness list, summary of what is to be testified to and any documentary evidence including sworn statements which must be submitted within 7 days of today and copy sent to all parties involved, seconded by Commissioner Caldwell, motion was approved on a 5-0 vote. Adjourned at 2:32 p.m. without objection. _______________________________ __________________________ Judge Chris Duggan, Chair Ann Franklin, City Secretary MINUTES WERE APPROVED AT THE MARCH 25, 2024 MEETINGS BUT WERE NEVER SIGNED Ethics Commission March 25, 2024 Page 2 of 2

Agenda

Bastrop Board of Ethics Agenda Bastrop City Hall City Council Chambers 1311 Chestnut Street Bastrop, TX 78602 (512) 332-8800 March 25, 2024 Agenda - Board of Ethics at 1:30 PM Board of Ethics meetings are available to all persons regardless of disability. If you require special assistance, please contact the City Secretary at (512) 332-8800 or write 1311 Chestnut Street, 78602, or by calling through a T.D.D. (Telecommunication Device for the Deaf) to Relay Texas at 1-800-735-2989 at least 48 hours in advance of the meeting. __________________________________________ 1. CALL TO ORDER 2. CITIZEN COMMENTS At this time, three (3) minute comments will be taken from the audience on any topic. Anyone in attendance wishing to address the Board/Commission must complete a citizen comment form and give the completed form to the Board/Commission Secretary prior to the start of the Board/Commission meeting. In accordance with the Texas Open Meetings Act, if a citizen discusses any item not on the agenda, the Board/Commission cannot discuss issues raised or make any decision at this time. Instead, the Board/Commission is limited to making a statement of specific factual information or a recitation of existing policy in response to the inquiry. Issues may be referred to City Manager for research and possible future action. It is not the intention of the City of Bastrop to provide a public forum for the embarrassment or demeaning of any individual or group. Neither is it the intention of the Board/Commission to allow a member of the public to slur the performance, honesty and/or integrity of the Board/Commission, as a body, or any member or members of the Board/Commission individually or collectively, or members of the City’s staff. Accordingly, profane, insulting or threatening language directed toward the Board/Commission and/or any person in the Board/Commission’s presence will not be tolerated. 3. MINUTE APPROVAL 3A. Approval of minutes from February 6, 2024, meeting. 4. CONSIDER PROCEDURAL ISSUES 4A. Consider procedural motions, evidentiary objections, or issues related to complaint against Lyle Nelson. Board of Ethics Agenda March 25, 2024 Page 1 of 2 5. EVIDENTIARY HEARING 5A. The Board of Ethics will conduct an Evidentiary Hearing with regard to the complaint filed by Mayor Pro Tem John Kirkland against Mayor Lyle Nelson to determine whether Lyle Nelson violated Section 1.15.009(h)(2) of the City of Bastrop Code of Ethics (Article 1.15 of the Code of Ordinances). Depending on the outcome of the Evidentiary Hearing, the Board of Ethics may deliberate and take action on the assessment of the appropriate sanction. 6. EXECUTIVE SESSION 6A. Ethics Commission may convene into closed executive session pursuant to Texas Government Code: Section 551.071, to seek the advice of legal counsel regarding the formal ethics complaint received on January 18, 2024. Section 551.074(a)(2), to consider a complaint or charge against a public officer (Lyle Nelson, Mayor) received on January 18, 2024. 7. TAKE ANY NECESSARY OR APPROPRIATE ACTION ON MATTERS POSTED FOR CONSIDERATION IN CLOSED/EXECUTIVE SESSION 8. ADJOURNMENT I, the undersigned authority, do hereby certify that this Notice of Meeting as posted in accordance with the regulations of the Texas Open Meetings Act on the bulletin board located at the entrance to the City of Bastrop City Hall, a place of convenient and readily accessible to the general public, as well as to the City’s website, www.cityofbastrop.org and said Notice was posted on the following date and time: Thursday, March 14, 2024, at 5:00 p.m. and remained posted for at least two hours after said meeting was convened. /s/Ann Franklin Ann Franklin, City Secretary Board of Ethics Agenda March 25, 2024 Page 2 of 2

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