COMMISSIONERS PRESENT: Cullen R. Looney, Chair; Raymond R. “Tripp” Davenport, III, Vice Chair; Ross Fischer; Tom Harrison; Wales H. Madden, III; David Montagne; and Nicholas C. Taylor.
COMMISSIONERS ABSENT: Francisco Hernandez.
STAFF PRESENT: Natalia L. Ashley, Liz Brenner, William Calem, Margie Castellanos, Sharon Finley, Jeanine C. Hudson, Jason D. King, Becky Levy, Bobby Mannas, Veronica Medrano, Robbie Miller, David A. Reisman, Amy Simms, Tim Sorrells, Ian M. Steusloff, and Mary Young.
This meeting was tape recorded. These minutes are a summary record of the Commission's actions at the meeting. For a detailed record of discussions and statements made by persons speaking at the meeting, please consult the audio tapes on file at the Commission's office.
Agenda Item 1: Call to order; roll call.
The meeting was called to order by Chair Looney. David A. Reisman, Executive Director, called the roll. All Commissioners were present, except Commissioner Hernandez.
Agenda Item 2: Comments by the commissioners.
None.
Agenda Item 3: Comments by the executive director.
David A. Reisman, Executive Director, made the following comments:
1. Mr. Reisman introduced Elizabeth Brenner, new attorney, and Veronica Medrano, new administrative assistant in the Legal Division.
2. Mr. Reisman reminded the commissioners of the open meetings training to be completed by the commissioners by December 31, 2006, and requested that the certificates be sent to Mary Young before the deadline.
3. The deadline for the personal financial statements was May 1, 2006. The extension deadline is June 30, 2006.
4. As of May 12, 2006, 144 sworn complaints have been filed with the commission.
5. Mr. Reisman requested that the commissioners inform staff if they wish to receive paper copies of the meeting materials in their packets instead of by electronic format.
Agenda Item 4: Communication to the commission from the public.
None.
Agenda Item 5: Approve minutes of the March 24, 2006, meeting.
Motion by Commissioner Taylor to adopt the March 24, 2006, meeting minutes; second by Vice Chair Davenport. Motion passed by a vote of six ayes.
For Agenda Items 8 and 9, the following represents the actions taken by the Ethics Commission in the order they occurred during the meeting.
Agenda Item 8: Briefing, discussion, and possible action to waive or reduce certain penalties assessed for late filing of campaign finance reports, lobby reports, or personal financial statements.
3. Stacey L. Emick, Lobbyist (00053967)
Report: lobby activities report due February 10, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
4. Elizabeth Graham, Lobbyist (00053966)
Report: lobby activities report due February 10, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
Elizabeth Graham, Director of Texas Right to Life, spoke before the commission on Agenda Item 8, numbers 3 and 4. Motion by Vice Chair Davenport to waive the $500 late-filing penalty for Agenda Item 8, numbers 3 and 4; second by Commissioner Harrison. Motion passed by a vote of six ayes. The late-filing penalty is waived on Agenda Item 8, numbers 3 and 4.
23. Barry L. Allison, Candidate, State Representative (00058845)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Barry L. Allison spoke before the commission on Agenda Item 8, number 23. Arthur DiBianca also spoke before the commission on Agenda Item 8, number 23. Motion by Commissioner Taylor to waive the late-filing penalty for Agenda Item 8, number 23; second by Vice Chair Davenport. Motion failed. Chair Looney and Commissioner Harrison voted no. Motion by Commissioner Montagne to reduce the $500 late-filing penalty to $100 on Agenda Item 8, number 23; second by Commissioner Harrison. Motion passed by a vote of six ayes. Reduction of the late-filing penalty to $100 is adopted on Agenda Item 8, number 23.
Chair Looney requested the record to reflect Commissioner Madden present.
29. Betty J. Brown, State Representative (00032403)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Betty J. Brown, State Representative, spoke before the commission on Agenda Item 8, number 29. Motion by Commissioner Fischer to reduce the $500 late-filing penalty to $100 on Agenda Item 8, number 29; second by Vice Chair Davenport. Motion passed by a vote of seven ayes. Reduction of the late-filing penalty to $100 is adopted on Agenda Item 8, number 29.
24. Michael R. L. Coon, Candidate, State Representative (00058950)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
25. Matthew Kolar, Candidate, State Representative (00058919)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
26. John S. Spirko, Jr., Candidate, State Representative (00058939)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
27. David Thatcher, Candidate, State Representative (00058966)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: withdrawn due to administrative waiver
Arthur DiBianca spoke before the commission on Agenda Item 8, numbers 23 through 27. Agenda Item 8, number 27, was withdrawn from the agenda. Natalia L. Ashley, General Counsel, provided additional comments. Motion by Commissioner Montagne to reduce the $500 late-filing penalties to $100 each on Agenda Item 8, numbers 24 through 26; second by Commissioner Harrison. Motion passed by a vote of seven ayes. Reduction of the late-filing penalties to $100 each is adopted on Agenda Item 8, numbers 24 through 26. Agenda Item 8, number 27 is withdrawn.
33. Madeleine Connor, Candidate, District Judge (00057729)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Madeleine Connor spoke before the commission on Agenda Item 8, number 33. Motion by Commissioner Harrison to reduce the $500 late-filing penalty to $100 on Agenda Item 8, number 33; second by Commissioner Fischer. Motion passed by a vote of seven ayes. Reduction of the late-filing penalty to $100 is adopted on Agenda Item 8, number 33.
34. Susan Criss, District Judge (00037252)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Susan Criss spoke before the commission on Agenda Item 8, number 34. Motion by Commissioner Fischer to reduce the $500 late-filing penalty to $100 on Agenda Item 8, number 34; second by Vice Chair Davenport. Motion passed by a vote of seven ayes. Reduction of the late-filing penalty to $100 is adopted on Agenda Item 8, number 34.
Agenda Item 8:
50. Andy S. Brown, Candidate, State Representative (00035254)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Agenda Item 9:
1. Report: semiannual report due July 15, 2005
Penalty: $500
Staff recommendation: original report substantially complied with the applicable law
Andy S. Brown spoke before the commission on Agenda Item 8, number 50 and Agenda Item 9, number 1. Motion by Commissioner Montagne to reduce the $500 late-filing penalties to $50 each on Agenda Item 8, number 50, and to adopt staff’s recommendation on Agenda Item 9, number 1, that the original report substantially complied with the applicable law; second by Vice Chair Davenport. Motion passed by a vote of seven ayes. Reduction of the late-filing penalties to $50 each is adopted on Agenda Item 8, number 50, and staff’s recommendation is adopted on Agenda Item 9, number 1, that the original report substantially complied with the applicable law.
Return to Agenda Item 8.
59. Frank V. Galitski, Lobbyist (00037658)
Report: lobby activities report due February 10, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Frank V. Galitski, Director of Governmental Affairs for Farmers Insurance, spoke before the commission on Agenda Item 8, number 59. Motion by Commissioner Harrison to reduce the $500 late-filing penalty to $100 on Agenda Item 8, number 59; second by Commissioner Fischer. Motion passed by a vote of seven ayes. Reduction of the late-filing penalty to $100 is adopted on Agenda Item 8, number 59.
82. Coleman Rowland, Treasurer, Highland Lakes PAC (00034560)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
Report: 8-day pre-election report due February 27, 2006
Penalty: $1,400
Staff recommendation: reduction of the late-filing penalty to $500
Total recommended penalties: $500
Coleman Rowland, Treasurer of the Highland Lakes PAC, spoke before the commission on Agenda Item 8, number 82. Motion by Commissioner Harrison to adopt staff’s recommendation to waive the $500 late-filing penalty and to reduce the $1,400 late-filing penalty to $100 on Agenda Item 8, number 82; second by Commissioner Fischer. Motion passed by a vote of seven ayes. Motion is adopted to waive the late-filing penalty in connection with the report due February 6, 2006, and to reduce to $100 the late-filing penalty in connection with the report due February 27, 2006, on Agenda Item 8, number 82.
83. Carlton R. Schwab, Treasurer, Texas Economic Development PAC (00038187)
Report: 8-day pre-election report due February 27, 2006
Penalty: $2,700
Staff recommendation: reduction of the late-filing penalty to $600��������
Kathy Damron, Director of Member Services for Texas Economic Development Council, spoke before the commission on Agenda Item 8, number 83. Motion by Commissioner Fischer to reduce the $500 late-filing penalty to $200 on Agenda Item 8, number 83; second by Commissioner Harrison. Motion passed by a vote of seven ayes. Reduction of the late-filing penalty to $200 is adopted on Agenda Item 8, number 83.
86. Kristie Flippo Ince, Lobbyist (00050739)
Report: lobby activities report due November 10, 2005
Penalty: $500
Kristie Flippo Ince, Regulatory Vice President for Time Warner Telecom, spoke before the commission on Agenda Item 8, number 86. Motion by Commissioner Harrison to reduce the $500 late-filing penalty to $100 on Agenda Item 8, number 86; second by Commissioner Montagne. Motion passed by a vote of seven ayes. Reduction of the late-filing penalty to $100 is adopted on Agenda Item 8, number 86.
87. Ronald W. Kessler, Lobbyist (00013201)
Report: lobby activities report due December 12, 2005
Penalty: $500
Ronald W. Kessler spoke before the commission on Agenda Item 8, number 87. Chair Looney recused himself and passed the meeting to Vice Chair Davenport. Motion by Commissioner Madden to waive the $500 late-filing penalty on Agenda Item 8, number 87; second by Commissioner Montagne. Motion passed by a vote of six ayes. Chair Looney abstained. Late-filing penalty waived on Agenda Item 8, number 87.
89. Danny Tilley, Treasurer, Texas State Building & Construction Trades Council PAC (00051018)
Report: 30-day pre-election report due October 11, 2005
Penalty: $500 (reduced to $250)
Report: 8-day pre-election report due October 31, 2005
Penalty: $7,000 (reduced to $250)
Danny Tilley spoke before the commission on Agenda Item 8, number 89. Motion by Commissioner Taylor to waive both of the $250 late-filing penalties on Agenda Item 8, number 89; second by Commissioner Harrison. Motion passed by a vote of seven ayes. Late-filing penalties are waived on Agenda Item 8, number 89.
Agenda Item 9: Briefing, discussion, and possible action to waive or reduce late-filing penalties in connection with certain corrected reports or to determine whether corrected reports as originally filed substantially complied with the applicable law.
18. Vicki Truitt, State Representative (00037500)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
Vicki Truitt spoke before the commission on Agenda Item 9, number 18. Motion by Commissioner Taylor to adopt staff’s recommendation to waive the late-filing penalty on Agenda Item 9, number 18; second by Commissioner Fischer. Motion passed by a vote of seven ayes. Staff’s recommendation to waive the late-filing penalty is adopted on Agenda Item 9, number 18.
22. Gilbert G. Garcia, Candidate, District Judge (00058479)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Gilbert G. Garcia spoke before the commission on Agenda Item 9, number 22. Motion by Commissioner Montagne to reduce the $500 late-filing penalty to $100 on Agenda Item 9, number 22; second by Commissioner Harrison. Motion passed by a vote of seven ayes. Reduction of the late-filing penalty to $100 is adopted on Agenda Item 9, number 22.
23. Charles L. Geren, State Representative (00029493)
Report: 8-day pre-election report due February 27, 2006
Penalty: $3,200
Staff recommendation: no waiver of the late-filing penalty
Edward Shack spoke before the commission on Agenda Item 9, number 23. Motion by Commissioner Fischer to reduce the $3,200 late-filing penalty to $1,000 on Agenda Item 9, number 23; second by Commissioner Harrison. Motion passed by a vote of seven ayes. Reduction of the late-filing penalty to $1,000 is adopted on Agenda Item 9, number 23.
32. Kevin M. Christian, Candidate, State Representative (00057992)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late filing penalty
Report: 8-day pre-election report due February 27, 2006
Penalty: $700
Staff recommendation: reduction of the late-filing penalty to $500
Total recommended penalties: $1,000
Kevin M. Christian spoke before the commission on Agenda Item 9, number 32. Motion by Commissioner Harrison to adopt staff’s recommendation to waive the $500 late-filing penalty on the semiannual report due January 17, 2006 and to reduce the $500 late-filing penalty on the 30-day pre-election report due February 6, 2006, and the $700 late-filing penalty on the 8-day pre-election report due February 27, 2006, to $100 each; second by Commissioner Fischer. Waiver of the late-filing in connection with the report due January 17, 2006, and reduction of the late-filing penalties to $100 each in connection with the reports due February 6, 2006, and February 27, 2006, are adopted on Agenda Item 9, number 32.
34. Kelton G. Seliger, State Senator (00052862)
Report: 30-day pre-election report due October 4, 2004
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Report: 8-day pre-election report due October 25, 2004
Penalty: $10,000
Staff recommendation: reduction of the late-filing penalty to $1,000
Report: semiannual report due January 18, 2005
Penalty: $10,000
Staff recommendation: reduction of the late-filing penalty to $1,000
Report: semiannual report due July 15, 2005
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
Total recommended penalties: $2,500
Edward Shack spoke before the commission on Agenda Item 9, number 34. Motion by Commissioner Madden to adopt staff’s recommendations on Agenda Item 9, number 34; second by Commissioner Fischer. Motion passed by a vote of six ayes. Commissioner Taylor abstained. Staff’s recommendations not to waive the late-filing penalty on the 30-day report due October 4, 2004, to reduce the late-filing penalties on the 8-day report due October 25, 2004, and the semiannual report due January 18, 2005, to $1,000 each, to waive the late-filing penalty on the semiannual report due July 15, 2005, and the semiannual report due January 17, 2006, are adopted on Agenda Item 9, number 34.
43. Pedro Gomez, Jr., Candidate, District Judge (00058501)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
Report: 8-day pre-election report due February 27, 2006
Penalty: $3,600
Staff recommendation: none
Pedro Gomez, Jr., spoke before the commission on Agenda Item 9, number 43. Motion by Commissioner Madden to waive the late-filing penalty for the report due February 6, 2006, and that the original report due February 27, 2006, substantially complied with the applicable law; second by Vice Chair Davenport. Late-filing penalty is waived for the report due February 6,2 006, and the original report due February 27, 2006, substantially complied with the applicable law on Agenda Item 9, number 43.
45. Wm. Howard Wolf, Treasurer, David Dewhurst Committee (00036671)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
Report: 8-day pre-election report due February 27, 2006
Penalty: $4,100
Staff recommendation: none
Edward Shack spoke before the commission on Agenda Item 9, number 45. Motion by Commissioner Montagne to waive the January 17, 2006, and February 6, 2006, reports, and that the February 27, 2006, original report substantially complied with the applicable law; second by Vice Chair Davenport. Motion passed by a vote of six ayes. Commissioner Taylor abstained. Late-filing penalties are waived on the reports due January 17, 2006, and February 6, 2006, and the February 27, 2006, original report substantially complied with the applicable law on Agenda Item 9, number 45.
46. Larry Henry, Treasurer, Halliburton Energy Services, Inc. PAC (00015523)
Report: monthly reports due February 7, 2005, March 7, 2005, April 5, 2005, May 5, 2005, July 5, 2005 (reconsideration), August 5, 2005 (reconsideration), September 6, 2005 (reconsideration), November 7, 2005, December 5, 2005, January 5, 2006, and February 6, 2006.
Total penalties: $5,500 ($500 each)
Staff recommendation: none
Matt Kipany spoke before the commission on Agenda Item 9, number 46. Motion by Vice Chair Davenport to reduce the $5,500 late-filing penalties to $200 for each report; second by Commissioner Fischer. Motion passed by a vote of seven ayes. Reduction of the late-filing penalties to $200 for each report is adopted on Agenda Item 9, number 46.
48. Emily G. Tobolowsky, Candidate, District Judge (00057873)
Report: semiannual report due January 17, 2006
Penalty: $500
Emily G. Tobolowsky spoke before the commission on Agenda Item 9, number 48. Motion by Commissioner Montagne to reduce the $500 late-filing penalty to $100; second by Commissioner Harrison. Motion passed by a vote of seven ayes. Reduction of the late-filing penalty to $100 is adopted on Agenda Item 9, number 48.
Agenda Item 10: AOR 533: Whether a former assistant general counsel for a state agency may represent a person in a case that was opened while the former assistant general counsel was an employee of the agency.
Natalia L. Ashley, General Counsel, briefed the commission on this agenda item. James Johnson spoke before the commission on Agenda Item 10. Motion by Commissioner Taylor to table until the next commission meeting. Motion died for lack of a second. Motion by Commissioner Harrison to adopt staff’s recommendation; second by Commissioner Fischer. Motion passed by a vote of six ayes. Commissioner Taylor voted no. AOR 533 is adopted as Ethics Advisory Opinion No. 470.
Agenda Item 6: Presentation, discussion, and possible action regarding the Strategic Plan of the Texas Ethics Commission; William Calem, Director of Administration, Chief Fiscal Officer.
William Calem, Director of Administration, Chief Fiscal Officer, Texas Ethics Commission, briefed the commission on this agenda item. David A. Reisman, Executive Director, provided additional comments. Commissioner Taylor requested staff to present the commission with a report as to how other states are ranked in electronic filings and a report of frequent filing errors made by filers for the next commission meeting. Motion by Vice Chair Davenport to adopt the strategic plan as proposed; second by Commissioner Montagne. Strategic plan is adopted as proposed.
Agenda Item 7: Discussion and possible action on the approval of a format for electronic filing, including signature requirements of Form CIQ, as proposed by the City of Austin, Texas.
David A. Reisman, Executive Director, briefed the commission on this agenda item. Motion by Vice Chair Davenport to adopt staff’s recommendation of approval of Form CIQ as submitted by the City of Austin, Texas, and have staff approve these administratively unless major changes are made; second by Commissioner Montagne. Motion passed by a vote of seven ayes. Form CIQ is approved.
For Agenda Items 8 and 9, the following represents the actions taken by the Ethics Commission in the order they occurred during the meeting.
Return to Agenda Item 8.
1. Jesse R. Coronado, Candidate, District Judge (00058465)
Report: 8-day pre-election report due February 27, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
2. Frank J. Corte, Jr., State Representative (00020036)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
5. Ann E. Kitchen, former State Representative (00041450)
Report: annual report of unexpended contributions due January 17, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
6. Frank R. Santos, Treasurer, Hispanic Leadership Council PAC (00057523)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
7. Steve Spurgin, Former Candidate, District Attorney (00041491)
Report: annual report of unexpended contributions due January 17, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
8. William K. Altman, Treasurer, Texans for Better Government (00016428)
Report: 8-day pre-election report due February 27, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
9. Carol Bond, Treasurer, Corpus Christi Apartment Assn. Better Government Fund (00016609)
Report: monthly report due March 6, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
10. Steve De La Rosa, Treasurer, Waco Police Assn. PAC (00018824)
Report: 8-day pre-election report due February 27, 2006
Penalty: $2,800
Staff recommendation: waiver of the late-filing penalty
11. John Frullo, Treasurer, Lubbock County Republican Party (CEC) (00055780)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
12. Brenda Hansler, Treasurer, Ector County Republican Women’s Club (00016322)
Report: monthly report due April 5, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
13. William C. Harrell, Lobbyist (00053560)
Report: lobby activities report due January 10, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
14. Randall Kallinen, Candidate, District Judge (00057984)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
15. Robert Pratt, Chairperson, Lubbock County Republican Party (P) (00017237)
Report: political party report due January 17, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
16. Cyrus B. H. Reed, Lobbyist (00052910)
Report: lobby activities report due January 10, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
17. Richard F. Reynolds, Candidate, State Representative (00023405)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
18. William A. Scott, Lobbyist (00056535)
Report: lobby activities report due February 10, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
19. Mary K. Stimek, Treasurer, Jefferson County Republican Executive Committee (CEC) (00016243)
Report: 8-day pre-election report due February 27, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
20. Kim Suiter, Lobbyist (00056189)
Report: lobby activities report due January 10, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
21. Thomas O. Stansbury, Lobbyist (00020734)
Report: lobby activities report due January 10, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
22. Donald J. Vrana, Treasurer, PBS&J PAC (00043080)
Report: monthly report due February 6, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
Motion by Commissioner Montagne to waive the late-filing penalties on Agenda Item 8, numbers 1 and 2, and 5 through 22; second by Vice Chair Davenport. Motion passed by a vote of seven ayes. Staff’s recommendations to waive the late-filing penalties are adopted on Agenda Item 8, numbers 1 and 2, and 5 through 22.
28. Charles F. Baird, Candidate, District Judge (00021113)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
30. Stephen K. Brown, Candidate, State Representative (00057996)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
31. Lauro A. Bustamante, Candidate, Court of Appeals Justice (00041226)
Report: personal financial statement due February 13, 2006
Penalty; $500
Staff recommendation: no waiver of the late-filing penalty
32. Marc C. Carter, District Judge (00054751)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
35. Mike Fetter, Criminal District Attorney (00052254)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
36. Faith Johnson, District Judge (00020574)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
37. Donald R. Jones, District Judge (00020200)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
38. Jodie Laubenberg, State Representative (00051273)
Report: personal financial statement due February 13, 2006
Penalty; $500
Staff recommendation: no waiver of the late-filing penalty
39. Joe M. Leonard, III, District Judge (00027099)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
40. Jerry A. Madden, State Representative (00020298)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
41. Mercurio Martinez, Jr., Candidate, State Representative (00058097)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
42. Pedro Garcia Molina, Jr., Candidate, State Representative (00058498)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
43. David E. Puryear, Court of Appeals Justice (00037418)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
44. Michael H. Schneider, Jr., Candidate, District Judge (00057713)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
45. David Stephenson, Candidate, State Representative (00058426)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
47. Jeri Yenne, Criminal District Attorney (00037492)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Motion by Vice Chair Davenport to adopt staff’s recommendations not to waive the late-filing penalties on Agenda Item 8, numbers 28, 30 through 32, 35 through 45, and 47; second by Commissioner Madden. Motion passed by a vote of seven ayes. Staff’s recommendations not to waive the late-filing penalties are adopted on Agenda Item 8, numbers 28, 30 through 32, 35 through 45, and 47.
46. Dan Wyde, Candidate, Criminal District Attorney (00058687)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Agenda Item 8, number 46, is postponed until the next meeting.
48. B. Lamar Ball, Jr., Treasurer, Friends of UNT Political Action Committee (00053158)
Report: monthly report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
49. Richard Thurl Bowen, Candidate, State Senator (00034570)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
52. Don Canada, Treasurer, Texas Podiatric Medical PAC (00016210)
Report: 8-day pre-election report due February 27, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
53. James B. Cardle, Treasurer, Texas Free Enterprise Fund (00058444)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
54. Steven A. Carriker, Lobbyist (00019841)
Report: lobby activities report due January 10, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
55. Terence S. Cheng, Treasurer, TSC Engineering and TSC Surveying PAC Fund (00051975)
Report: monthly report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
56. Mark R. Clark, Lobbyist (00010015)
Report: lobby activities report due January 10, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
57. Anne Culver, Lobbyist (00010136)
Report: lobby activities report due January 10, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
58. Dionicio V. Flores, Texas Department of Housing & Community Affairs (00035574)
Report: personal financial statement due March 29, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
60. Mike C. Gohlke, Treasurer, American Pharmacy Coalition, Inc. GPAC (00051510)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
61. Glen Hodges, Lobbyist (00013848)
Report: lobby activities report due January 10, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
62. Jeff Horne, Treasurer, AIM Management Group Inc. For A Better America (00016786)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
63. Stacey M. Hull, Lobbyist (00051555)
Report: lobby activities report due January 10, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
64. Andrew G. Khoury, Candidate, Court of Appeals Justice (00058473)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Report: 8-day pre-election report due February 27, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
66. Anya H. McInnis, Lobbyist (00039683)
Report: lobby activities report due January 10, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
67. Rachel C. McInnis, Treasurer, Texas Wheat Producers Assn. PAC (00042968)
Report: monthly report due March 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
68. Lawrence B. Mitchell, Candidate, District Judge (00051812)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
69. John G. Reyes, Candidate, State Representative (00058193)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Report: 8-day pre-election report due February 27, 2006
Penalty; $500
Staff recommendation: no waiver of the late-filing penalty
70. J. Scott Sheehan, Lobbyist (00051012)
Report: lobby activities report due January 10, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
71. Tommy N. Thomas, Treasurer, Republican Party of Gregg County (CEC)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
72. Glynn C. Turquand, Treasurer, Family PAC (00038852)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
73. Carlos I. Uresti, State Representative (00035921)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
74. Julianne May Young, Candidate, District Judge (00058680)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Motion by Vice Chair Davenport to adopt staff’s recommendations not to waive the late-filing penalties on Agenda Item 8, numbers 48 and 49, 52 through 58, 60 through 64, and 66 through 74; second by Commissioner Madden. Motion passed by a vote of seven ayes. Staff’s recommendations not to waive the late-filing penalties are adopted on Agenda Item 8, numbers 48 and 49, 52 through 58, 60 through 64, and 66 through 74.
51. Campaigns for People, a dba of The Center for Public Democracy, Inc., Lobbyist (00053706)
Report: lobby activities report due January 10, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
65. Frederick I. Lewis, Lobbyist (00054102)
Report: lobby activities report due January 10, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Agenda Item 8, numbers 51 and 65 are postponed until the next meeting.
75. Eddy D. Edmondson, Treasurer, Texas Nursery & Landscape Assn. PAC (00015571)
Report: 8-day pre-election report due February 27, 2006
Penalty; $3,400
Staff recommendation: reduction of the late-filing penalty to $800
76. Jason D. Fife, Treasurer, Republican Party of Waller County (CEC) (00037800)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: reduction of the late-filing penalty to $100
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: reduction of the late-filing penalty to $100
77. Ben Golding, Treasurer, Hunt Oil Co. Winona Committee (00016252)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
Report: 8-day pre-election report due February 27, 2006
Penalty: $1,100
Staff recommendation: reduction of the late-filing penalty to $500
78. Jerry Kelly, Candidate, State Representative (00058718)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Report: 8-day pre-election report due February 27, 2006
Penalty: $700
Staff recommendation: waiver of the late-filing penalty
79. Frank Mallen, Treasurer, STP PAC (00038914)
Report: 8-day pre-election report due February 27, 2006
Penalty: $3,900
Staff recommendation: reduction of the late-filing penalty to $600
80. Koecadee Melton, Jr., Candidate, Agriculture Commissioner (00051622)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late filing-penalty
Report: 8-day pre-election report due February 27, 2006
Penalty: $2,100
Staff recommendation: reduction of the late-filing penalty to $600
81. Lois S. Neal, Treasurer, Dallas Eagle Forum (00015498)
Report: 8-day pre-election report due February 27, 2006
Penalty: $500
Staff recommendation: reduction of the late-filing penalty to $100
84. Vannessa R. Stewart, Treasurer, Texas Independent Ginners Assn. PAC (00017217)
Report: 8-day pre-election report due February 27, 2006
Penalty: $1,800
Staff recommendation: reduction of the late-filing penalty to $900
85. Stephen C. Taylor, Candidate, District Judge (00058667)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Report: 8-day pre-election report due February 27, 2006
Penalty: $600
Staff recommendation: waiver of the late-filing penalty
Motion by Commissioner Madden to adopt staff’s recommendations for reduction, waiver or no waiver on Agenda Item 8, numbers 75 through 81, 84 and 85; second by Commissioner Fischer. Motion passed by a vote of seven ayes. Staff’s recommendation for reduction, waiver or no waiver on the late-filing penalties are adopted on Agenda Item 8, numbers 75 through 81, 84 and 85.
88. Greg J. Thomas, Treasurer, Committee for a Competent Judiciary (00016650)
Report: semiannual report due January 17, 2006
Penalty: $500
Motion by Commissioner Montagne to reduce the $500 late-filing penalty to $250; second by Commissioner Harrison. Motion passed by a vote of six ayes. Commissioner Madden voted no. Reduction of the late-filing penalty to $250 is adopted on Agenda Item 8, number 88.
Return to Agenda Item 9.
2. Lana R. McDaniel, District Judge (00026829)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: original report substantially complied with the applicable law
3. Bonnie Stark, Treasurer, Comal County Democrats (00015833)
Report: 8-day pre-election report due February 27, 2006
Penalty: $2,700
Staff recommendation: original report substantially complied with the applicable law
Motion by Commissioner Harrison to adopt staff’s recommendations on Agenda Item 9, numbers 2 and 3, that the original reports substantially complied with the applicable law; second by Vice Chair Davenport. Motion passed by a vote of seven ayes. Staff’s recommendations are adopted on Agenda Item 9, numbers 2 and 3, that the original reports substantially complied with the applicable law.
4. James R. Beckham, Candidate, State Representative (00058074)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
5. Randall C. Bristow, Treasurer, The Friends of Ralph Lopez Campaign (00059129)
Report: 8-day pre-election report due February 27, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
6. Kenneth W. Bryant, Candidate, State Representative (00058676)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
7. Fred Hill, State Representative (00020297)
Report: semiannual report due July 15, 2005
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
8. Pamela Hutchins, Treasurer, Government Personnel Mutual Life Insurance PAC (00017356)
Report: monthly report due February 6, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
9. Grace G. Kunde, Candidate, Court of Appeals Justice (00057711)
Report: semiannual report due January 17, 2006
Penalty; $500
Staff recommendation: waiver of the late-filing penalty
10. Sergio C. Mora, Jr., Candidate, State Representative (00057797)
Report: 8-day pre-election report due February 27, 2006
Penalty: $800
Staff recommendation: waiver of the late-filing penalty
11. Robin D. Orr, State Representative (00054639)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
12. Cynthia L. Muniz, District Judge (00037184)
Report: personal financial statement due April 30, 2004
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
13. Diane P. Patrick, Candidate, State Representative (00020837)
Report: personal financial statement due February 13, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
14. Brian P. Quinn, Court of Appeals Chief Justice (00024364)
Report: personal financial statement due February 13, 2006
Penalty; $500
Staff recommendation: waiver of the late-filing penalty
15. Janna R. Redman, Treasurer, First Financial Corp. PAC (00015543)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
16. Richard E. Raymond, State Representative (00021186)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
17. David A. Swinford, State Representative (00020832)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
Motion by Commissioner Montagne to adopt staff’s recommendations to waive the late-filing penalties on Agenda Item 9, numbers 4 through 17; second by Vice Chair Davenport. Motion passed by a vote of seven ayes. Staff’s recommendations to waive the late-filing penalties are adopted on Agenda Item 9, numbers 4 through 17.
19. Janice K. Baldwin, Candidate, District Judge (00058683)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
20. Richard Box, Treasurer, Texans for Rick Perry (00015741)
Report: semiannual report due July 15, 2005
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
21. C. Brandon Creighton, Candidate, State Representative (00051451)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Report: 8-day pre-election report due February 27, 2006
Penalty: $600
Staff recommendation: no waiver of the late-filing penalty
24. Harold Preston Glasscock, Candidate, District Judge (00057796)
Report: 30-day pre-election report due February 6, 2006
Penalty; $500
Staff recommendation: no waiver of the late-filing penalty
25. David Siller Gonzales, III, Candidate, State Representative (00057805)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
26. Doreen Hohl, Treasurer, The American Electric Power – Texas – Committee for Responsible Government (00054331)
Report: monthly report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
27. Bailey C. Moseley, Candidate, Court of Appeals Justice (00058546)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
28. Vicky F. Rudy, Candidate, State Representative (00051720)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
29. Edlu Thom, Treasurer, Lyondell Petrochemical Company PAC (00032100)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
30. Layne Walker, District Judge (00051414)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Motion by Commissioner Madden to adopt staff’s recommendations not to waive the late-filing penalties on Agenda Item 9, numbers 19 through 21, and 24 through 30; second by Commissioner Harrison. Motion passed by a vote of seven ayes. Staff’s recommendations not to waive the late-filing penalties are adopted on Agenda Item 9, numbers 19 through 21, and 24 through 30.
31. Gregory Brewer, Candidate, District Judge (00055352)
Report: semiannual report due January 17, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Agenda Item 9, number 31, is postponed until the next meeting.
33. Dianne Kathryn Jones, Candidate, District Judge (00058681)
Report: 8-day pre-election report due February 27, 2006
Penalty: $2,900
Staff recommendation: reduction of the late-filing penalty to $500
35. Charles Sonsteby, Treasurer, Brinker International Political Action Committee (00058040)
Report: monthly report due November 7, 2005
Penalty: $500
Staff recommendation: no waiver of the late-filing penalty
Report: monthly report due December 5, 2005
Penalty: $500
Staff recommendation: reduction of the late-filing penalty to $100
Report: monthly report due January 5, 2006
Penalty: $500
Staff recommendation: reduction of the late-filing penalty to $100
Report: monthly report due March 6, 2006
Penalty: $500
Staff recommendation: reduction of the late-filing penalty to $100
Motion by Commissioner Montagne to adopt staff’s recommendationd on Agenda Item 9, numbers 33 and 35; second by Vice Chair Davenport. Motion passed by a vote of seven ayes. Staff’s recommendations on the late-filing penalties are adopted on Agenda Item 9, numbers 33 and 35.
36. Maria Burbridge, Treasurer, Greater Oak Hill Area PAC of Hill Country Republican Women (00017221)
Report: 8-day pre-election report due February 27, 2006
Penalty: $500
37. Patricia L. Carlson, Candidate, State Representative (00054721)
Report: 8-day pre-election report due February 27, 2006
Penalty: $800
38. Felix Chevalier, Treasurer, P.O.W.E.R. PAC (00057773)
Report: 8-day pre-election report due February 27, 2006
Penalty: $1,100
Motion by Commissioner Madden on Agenda Item 9, numbers 36 through 38, that the original reports substantially complied with the applicable laws; second by Commissioner Montagne. Motion passed by a vote of seven ayes. The original reports substantially complied with the applicable law on Agenda Item 9, numbers 36 through 38.
39. Frank Madla, Treasurer, Friends of Frank Madla (00015837)
Report: 8-day pre-election report due February 27, 2006
Penalty: $1,800
40. Nathaniel W. Parker, Candidate, State Representative (00058399)
Report: 8-day pre-election report due February 27, 2006
Penalty: $1,400
41. Ricardo P. Rodriguez, Jr., Candidate, District Judge (00058067)
Report: 8-day pre-election report due February 27, 2006
Penalty: $500
42. John B. Stevens, Jr., Candidate, Criminal District Court Judge (00058459)
Report: 8-day pre-election report due February 27, 2006
Penalty: $700
Motion by Commissioner Montagne on Agenda Item 9, numbers 39 through 42, that the original reports substantially complied with the applicable laws; second by Vice Chair Davenport. Motion passed by a vote of seven ayes. The original reports substantially complied with the applicable law on Agenda Item 9, numbers 39 through 42.
44. Charles E. Williams, Candidate, State Representative (00058428)
Report: 30-day pre-election report due February 6, 2006
Penalty: $500
Staff recommendation: waiver of the late-filing penalty
Report: 8-day pre-election report due February 27, 2006
Penalty: $600
Motion by Commissioner Harrison to adopt staff’s recommendation to waive the late-filing penalty on the report due February 6, 2006, and that the original report substantially complied with the applicable laws on the report due February 27, 2006; second by Commissioner Madden. Motion passed by a vote of seven ayes. Waiver of the late-filing penalty on the report due February 6, 2006, and that the original report due February 27, 2006, substantially complied with the applicable law, are adopted on Agenda Item 9, number 44.
49. Michael U. Villarreal, State Representative (00040281)
Report: semiannual report due January 17, 2006
Penalty: $500
Motion by Commissioner Harrison not to waive the $500 late-filing penalty on Agenda Item 9, number 49; second by Commissioner Madden. Motion passed by a vote of seven ayes. Late-filing penalty is adopted on Agenda Item 9, number 49.
Agenda Item 11: Public discussion and possible action on the proposal and publication in the Texas Register of amendments to Ethics Commission Rule § 20.1 (Definition), regarding amendments to the definition of political advertising and the definition of campaign communication, and the repeal of definitions that are duplicative of the statutory definitions.
Natalia L. Ashley, General Counsel, briefed the commission on this agenda item. Motion by Vice Chair Davenport to publish in the Texas Register Ethics Commission Rule § 20.1; second by Commissioner Madden. Motion passed by a vote of seven ayes. Ethics Commission Rule § 20.1 to be published in the Texas Register for comments.
Agenda Item 12: Public discussion and possible action on rulemaking regarding the description of a gift reportable under section 572.023(b)(7) of the Government Code in light of the following: (1) section 6.5 of the Texas Ethics Commission Rules, which prohibits the adoption of a rule that in the opinion of the commission directly addresses the subject matter of pending litigation known to the commission, (2) pending litigation known to the commission, and (3) H.B. 93 and S.B. 20 filed by Representative Naishtat and by Senator Barrientos respectively, in the 3rd Called Special Session of the 79th Legislature. Both bills address the description of a gift reportable under section 572.023(b)(7) of the Government Code.
Chair Looney briefed the commission on this agenda item. Motion by Commissioner Fischer that the commission not consider rulemaking on this subject matter at this time; second by Vice Chair Davenport. Rulemaking on this subject matter will not be considered at this time.
Agenda Item 13: Executive session pursuant to Section 551.071, Government Code, Consultation With Attorney; Closed Meeting. Discussion on pending litigation.
Went into closed executive session at 12:12 p.m.
Agenda Item 14: Reconvene in open session. Possible action regarding pending litigation.
Reconvened at 12:13 p.m. No action was taken.
The next Ethics Commission meetings are scheduled for July 13 and 14, 2006, and September 21 and 22, 2006.
Vice Chair Davenport requested reconsideration of Ethics Advisory Opinion No. 468 at the next commission meeting.
Agenda Item 15: Adjourn.
Commission meeting adjourned by unanimous consent.