Ethics panel dismisses city manager’s complaint against mayor

Granbury Mayor Jim Jarratt was the victor in the first-ever case heard by the city’s Ethics Commission, which met at City Hall Monday afternoon to hear a complaint filed by City Manager Chris Coffman.

The notarized grievance, filed Friday, Aug. 13, alleged violations of the city’s ethics code as well as official misconduct.

The complaint was related to posts on Jarratt’s Facebook page that Coffman alleged gave the appearance of conflicts of interest because Jarratt used his official status as mayor to endorse a political candidate, Cathy Reidy.

Jarratt became mayor through a special election held June 29. It was called due to the resignation of longtime mayor Nin Hulett.

Reidy was elected to serve out the remaining few months of Tony Mobly’s term in the Place 5 seat. Mobly resigned the seat to run for mayor and was one of four candidates in that race.

Reidy, who was in a three-person race for Place 5 in the June 29 special election, won a runoff contest held on July 27.

Coffman said Jarratt’s Facebook page had identified him as the mayor of Granbury when he endorsed Reidy but that the page has since been changed back to “Candidate for Mayor of Granbury.” Coffman referred to the endorsement as an “egregious” offense.

Both Coffman and Jarratt were present at Monday’s meeting and were represented by lawyers. The parties sat at separate tables near the dais where commission members sat. Their backs were to the audience. About 50 people were in attendance.

Although the agenda noted the possibility of the commission going into closed session to deliberate “personnel matters,” Jarratt asked that deliberations take place in public.

Monday’s meeting served as a preliminary hearing that held the possibility of a final hearing.

The Ethics Commission, a six-member panel appointed by the council, currently consists of Vickie Lee, Romeo Bachand, Jean Cate, Rod Reyes, Steve Roberts, and Julie Shores. However, the full panel was not present. Three members were selected in a drawing to hear the case. Those selected were Lee, Bachand and Roberts.

At the start of the meeting, it was determined that Roberts would serve as chair.

The commission did go into closed session for about 25 minutes, but that was to receive guidance from Austin attorney Charlie Zech.

Zech helped the City Council draft its ethics ordinance, which was adopted on Feb. 20, 2018. The Ethics Commission was created through that ordinance.

During its regular meeting on Tuesday, Aug. 17, the council voted after a closed session to allow Assistant City Manager Michael Ross to “engage the services” of Zech as well as another attorney, Ross Fisher, on behalf of the city manager. No reason was stated during the public vote.

According to City Attorney Jeremy SoRelle, Zech was enlisted to help guide the commission through the process of hearing its first case. Had the commission determined that wrongdoing had occurred and recommended a course of action to the City Council, Zech would have provided his expertise to the council as well.

Fischer represented Coffman at the hearing. His background includes having served as general counsel to the State Bar of Texas and chair of the Texas Ethics Commission, which regulates ethics laws in the political arena.

Jarratt’s attorney, whom he presumably hired at his own expense, was Donna Garcia Davidson, also of Austin.

Fischer and Davidson disagreed about whether the Facebook posts constituted violations of laws or ethics. Jarratt said that his campaign staff managed his Facebook page.

Among Coffman’s allegations was that Jarratt had failed to comply “with the spirit and intent of the Public Information Act by destroying public records.” He claimed that posts were moved or deleted despite him and SoRelle having told Jarratt that the posts needed to be preserved due to possible ethics violations or violations of law.

Fischer’s argument included a brief slide presentation.

Davidson disagreed with Fischer’s view that posts on Jarratt’s Facebook page about city-related business and his endorsement of Reidy were inappropriate. She noted that no city staff or resources were used and said that his Facebook page is a “political page” and not one used for the transaction of public business.

Davidson said that Jarratt has the right to use his Facebook page to show “how he is living up to his campaign promises” and that “he can make any endorsement that he wants to make.”

PUT TO REST

A little more than an hour and a half after the meeting began, Lee made a motion not to set a final hearing. Roberts seconded the motion. Bachand favored a second hearing, but Lee’s motion passed in a 2-1 vote.

Shortly before the vote was taken, Coffman addressed the panel.

“I’m not the lawyer here, but I’ve been in city government for 23 years and I understand what a home rule charter is,” he said.” A home rule charter is established by the state constitution that was voted on by voters to allow local control. Our City Council adopted an ordinance that says that an elected person, or myself, cannot… give preferential treatment to any private organization or individual or use their position for private gain.”

He continued, “When you campaign for someone… that you’re wanting to have sit beside you in a council meeting, you are doing government business and you are campaigning for someone for your benefit. Because you’re trying to make allies by campaigning for one person, you’re alienating the rest of your council.”

Coffman said that city government has the authority to “be more restrictive” than what is dictated by state law.

According to the ethics ordinance, the Ethics Commission can recommend to the City Council one of three courses of action if it finds that a violation has occurred. Those actions are to issue a letter of admonition if the violation is minor and may or may not have been unintentional, but calls for a response; issue a letter of reprimand when a violation has been committed either intentionally or through disregard of the ethics code; or call for resignation or forfeiture of the council seat if a serious or repeated violation of the ethics code has been committed either intentionally or through blatant disregard of the ethics code.

The statute dictates that when a violation has been found to have occurred, the city manager is to place the commission’s recommendation on the agenda for the next regularly scheduled council meeting. The council will then vote, by simple majority, to accept or reject the Ethics Commission’s recommendation.

In the case of Coffman’s complaint, the issue has now been put to rest without going before the council.

MAYOR SPEAKS

Reached on his cell phone a short time after the meeting concluded, Jarratt declined to provide a statement at that time. He told the Hood County News that he wanted to have time to think about what he wanted to say regarding the situation and about how the city will move forward.

On Wednesday morning, he emailed a statement to the HCN.

"I think back to the week after I was sworn in, which is the time that the City Manager, among others, has the challenge of introducing, educating, and enlightening all new Council Members and Mayors," his email stated. "During this period City Manager Coffman told me one thing that will not go away. City Manager Coffman said, and this will be a very close quote, 'Mayor, the job really isn't that difficult, just do what's right for the City.'

"Since I learned of the Ethics Allegations against me on August 13 I have made it a priority to follow City Manager Coffman's counsel. In fact, on August 20 newly elected Council Woman Cathy Reidy had the foresight to schedule a private meeting with Representative Glenn Rogers who was in town for the Chamber meeting. As a result of her thinking ahead, she and I were able to spend an uninterrupted 1 1/2 hours with Representative Rogers."

Jarratt stated that Reidy and Rogers had "an animated conversation" about protecting the environment, while his conversation with the state representative was "solely focused on the expansion of Hwy. 377."

He stated, "In fact, I asked Representative Rogers to see Hwy 377 printed on my forehead every time (our) paths cross in the future. I'll bet he will too."

Jarratt said that the following week was spent reviewing and questioning the proposed budget, which will be on the agenda for the Sept. 7 council meeting.

As for the Ethics Commission meeting, Jarratt had this to say:

"I learned a lot. I think everyone did. And for those who were unable to attend in person, to be totally transparent to the pubic, I had the option to request that this be an Open Meeting. I did so, and you are able to re-visit this meeting on Granbury.Org. I encourage you to do so - I think there are lessons to be learned in this Committee meeting and encourage all interested citizens to take advantage of the opportunity.

"As for tomorrow... I'll be doing what I believe to be right for the City of Granbury."