An in-house investigation done using an outside investigator.
Not good news. Seems like it will be a waste of taxpayer money. Couldn't find Dave Lieber's article.
Press Release
For Release: April 8, 2015
For Release: April 8, 2015
CONTACT: Greg Sowell
Director of Communications
972-744-4218 (office)
972-897-2762 (cell)
City attorney Appoints outside Legal Counsel to
conduct ethics violation investigation
(Richardson, TX) – Richardson’s City Attorney today appointed outside
legal counsel George A. Staples, Jr. to review and process any written
complaints filed under the City Ethics Code regarding the events surrounding
the zoning change for the Palisades mixed-use development in Richardson. In
addition to evaluating any filed complaints, Staples has also been engaged by
the city attorney to conduct an independent investigation of the events
surrounding this change in zoning. This independent investigation is separate
and apart from what is required under the Ethics Code.
The purpose of the investigation is to determine the facts surrounding
the issues of:
·
whether the mayor or members of
the City Council violated the Ethics Code, state law or the City Charter in the
approval of the Palisades zoning;
·
whether the
mayor had a business relationship with Mark Jordan/JP Realty or other developer
of the Palisades property at the time the zoning change was approved;
·
whether there
is any evidence that the mayor’s intended declination to serve as mayor for
2015-2017 was done for the purpose of allowing the remaining members of the
Council to select the next mayor;
·
and any other matter that Staples deems
relevant to the scope of the investigation.
The independent investigation to be conducted by Staples
is intended to answer citizens’ questions with respect to this issue that may
not be addressed in any written complaint filed under the Ethics Code. While
there is no set timeline for the independent investigation regarding events
surrounding the zoning change decision, it will be conducted in as timely a
manner as possible.
Thus far, the City has received one written complaint under the Ethics
Code requesting an investigation into the actions of the mayor and all members
of the City Council with regard to the 2013 Palisades zoning case and the
mayor’s recent employment disclosure and announcement pertaining to the
upcoming municipal election.
Last week, the mayor announced her intention to decline to
serve as mayor for the 2015-17 term when the May 9, 2015, election results are
canvassed. Mayor Maczka is currently an unopposed candidate for the mayoral
position on the May 9 ballot. Prior to the announcement, the Mayor also
submitted a Conflicts Disclosure Statement to the City Secretary’s Office
disclosing that she had taken a position with JP Partners / Sooner Management,
which is the developer of the Palisades project.
The
Investigation Process
Pursuant to the Ethics Code, in evaluating any filed,
written complaints, Staples will submit a written report to the City Council by
April 28, or as soon as possible but not later than 15 business days after the
receipt of a written complaint, unless an extension is granted by a majority of
the non-implicated City Council members. Staples may contact the complainant,
interview witnesses and examine any documents necessary for the report. The
report will be comprehensive and explain in detail all facts, findings, and
conclusions in support of his opinion as to whether or not a violation of Code
of Ethics occurred. If Staples receives a vague complaint or one lacking in
detail, he will contact the complainant to request a written clarification. If
the complainant fails to provide a written clarification, or if after written
clarification is provided, it is Staples’ opinion that the complaint is
insufficient in detail and/or fails to allege a violation of the Code of
Ethics, a written report to that effect shall be submitted to the City Council.
If Staples determines that a criminal violation may exist, he will refer the
matter to the appropriate law enforcement agency.
If Staples determines that the facts as alleged could
constitute a violation of the Code of Ethics, then he will, within 15 business
days after receipt of the complaint, notify the mayor and City Council members
of the existence and nature of the complaint. The City Council shall cause a
meeting to convene, whether regular or special, within 15 business days after
being so notified by Staples, to further consider said complaint in executive
session. For purposes of this
investigation, Staples will have all of the powers of investigation as are
given to the City Council by reason of the City Charter and shall report back
to the City Council as soon as possible, but in no event more than 15 business
days from the date of notification of the City Council unless an extension is
granted by the City Council. The report will be comprehensive and explain in
detail all facts, findings and conclusions in support of his opinion as to
whether a violation of this Code of Ethics occurred.
Background
George A. Staples, Jr.
George A. Staples, Jr. has 50 years of experience,
specializing in municipal law, litigation and other areas of practice. He is an
attorney with Taylor, Olson, Adkins, Sralla & Elam, L.L.P., which
specializes in municipal law. Staples has been admitted to practice before the
Texas Supreme Court; the Northern, Eastern and Southern Districts of Texas; the
United States Fifth Circuit Court of Appeals; and the United States Supreme
Court.
Cute. Since when did the hired gun city attorney have any kind of authority to order an investigation? Did none of the City Council have the backbone to do it? And, just where does this event fall in the scope of the Open Meetings Act? Did they hide out in dark places like a bunch of cock roaches and feel each other out before the city attorney announced his investigation? How much more crooked can this situation get?
ReplyDeleteLooks like the city attorney is hoping to keep some buried bones out of sight. If the authorities get ahold of this there will be real trouble for the horse shoe gang.
ReplyDeleteA quick review of the other lawyers @ the hired gun's firm show many, many MANY are attorney for different cities in north Texas. That's neither good nor bad but it does give me the thought that if an attorney wanted to protect a city, city council, mayor, etc., that firm would know how to do it. Or no where NOT to look.
ReplyDeleteOf course, they would be particularly well suited to know where to look for the dirty laundry as well... if that is what the person who hired them tasked them to do.
Me, I'd feel better if it was a group of lawyer who were NOTselected nor paid by the City of Richardson doing the investigation.
Seriously? We are going to waste taxpayer money with a BS investigation by doing this? Dave Lieber has shot down this type of investigation before. You Richardson people are dopes if you let this go forward. Staples is only there to provide cover and let others say, "See, nothing going on here."
ReplyDeleteAgreed. Look at Staples' track record. Hired by cities to defend cities.
DeleteHelp me understand this please:
ReplyDeleteRichardson City Attn'y reports to who? City Manager? Mayor? City Council?
City Attn'y has hired outside council to investigate City Council and Mayor (and zoning board? and City staff?).
Outside council will report his findings to the City Attn'y and City Council.
What, if any, of this process will be available through Open Meetings and Open Records? Or will this be considered a topic that must be discussed "behind closed doors" because, after all, it is both Personnel and Real Estate topics.
Help me ... do we know the answers to this now and if not, who should I ask?
" Help us Rick Wilder. You're our only hope..."
Dave Lieber is on Facebook. I suggest everyone message him for info on George Staples. He covered him for the Fort Worth Star Telegram. Maybe if enough people contact Lieber, he will light a fire under Wendy Hundley of the DMN to actually do some investigative reporting.
ReplyDeleteI have already emailed him. As for Wendy, she probably has her hands tied somewhat by having to be able to positively backup anything she writes. I don't think there is any problem with her being motivated, wanting to get to the truth of the matter or write about it.
ReplyDeleteAnonymous 8:07
ReplyDelete1)Officially, the city attorney is supposed to report to the city council, although to make things go along, he probably does report to city manager, mayor or any council member who asks something of him.
2)Him doing that seems to conflict with the ethic ordinance. He is supposed to do the investigation per the code of ethics ordinance. Nowhere is there authorization for him to hire outside investigator.
3)That is what they say.
4)My guess, the report, as poor as and as worthless as it may be, will be presented behind closed door in apparent violation of the section of the charter dealing with Official misconduct.
"Help me" - We need a hero! Bonnie sang about him!
https://www.youtube.com/watch?v=7_HJeORKBas
Strike 2) from my above comments. Misread and misapplied. It was pointed out section 2-7-f of the ethics ordinance allows this. Thank you, (you know who).
ReplyDeleteOh good. The ethics ordinance is just as twisted as the charter amendments to "provide for the direct election of the Mayor". Maybe enough voters will come to their senses about how crooked the whole bunch is. What did we do to deserve this? I know. We trusted people who have have decades of entrenchment in city government to do the right thing. Boy! Are we gullible, or what?
ReplyDeleteDid Mayor Mascara start sleeping w Mark Jordan after the Palisades vote?
ReplyDeleteWhat? I'm I'm .... shocked ...
ReplyDeleteHere's the reality. Ethics will only give someone a slap on the hand at best. What happened here is that votes/political support appears to be rewarded/traded with money and a job.
ReplyDeleteThat’s criminal.
The developer gets to build his apartments and make a ton on money.
The mayor gets a job from the developer since she helped make it happen.
And the gold old boy network of COR gets to appoint a new good old boy mayor and appoint a lackey to take the vacant council chair.
Life is good in COR but the behavior is criminal. The developer, the mayor and the city should be investigated. When is the FBI showing up?
So even if the allegations aren’t founded, the validity of the Paradises deal certainly is to be questioned. Along with a special election for mayor given the circumstances.
I think that the investigation should be conducted by real investigators and I think that should be the FBI and/or the Texas Rangers. Nothing from inside the City has any credibility at this juncture.
ReplyDeleteWith regard to the FBI appearing, listen for agents conducting interviews and/or serving Federal Grand Jury subpoenas. When you hear that (and I am certain you will), you'll know they are on it. Don't expect it to be an overnight "shake and bake" case, as it'll likely take months at least. The John Wiley Price corruption case took years to bring to an indictment.
ReplyDeleteChampions of law enforcement have been absent in this territory for too long. After decades of mob rule, it's easy to get discouraged and just endure the punishment of a society gone rouge. That coalition of conspirators will have many offences to answer for if the boys and girls who wear grown up britches come to town. It's tough not to be cynical in the face of years of blatant corruption.
DeleteLet's be certain we take good notes, ladies and gents. This election might be over, but at the next one, expect an entire new cast of characters.
ReplyDeleteThis is how pay for play works - all done by handshake (and I guess more) agreements under a squid-pro-quo arrangement. No documents or checks and with a staggered/delayed benefit in exchange for the dirty deed. FBI asked me for cancelled checks on the illegal development activities reported to them involving a residential community serving as the poster child for city corruption (city council member, city manager, building inspection department, neighborhood services, municipal court, health department, and of course, the police).
ReplyDeleteThe FBI asked me for cancelled checks