[Ethics Advisory Commission Meeting: Evidentiary Hearing on May 18, 2023.]
[00:00:03]
UM, IT IS 9 34 ON MAY 18TH AND AN EVIDENTIARY HEARING OF THE ETHICS ADVISORY COMMISSION IS CALLED TO ORDER.
THIS IS A, IS THE HEARING OF A COMPLAINT AGAINST JUAN GOMEZ, A DALLAS WATER UTILITY, O DALLAS WATER UTILITIES EMPLOYEE.
I'M TIM POWERS AND I'LL SERVE AS THE CHAIR OF THIS HEARING PANEL.
LET THE RECORD REFLECT THE QUORUM OF THE PANEL IS PRESENT, AND I'LL ASK THE OTHER MEMBERS OF THE PANEL TO STATE THEIR NAMES FOR THE RECORD.
SUSAN, IF YOU'LL START, SUSAN BOWMAN.
GOOD MORNING, GRANT SCHMIDT, JACK MASO.
UM, WOULD THE RESPONDENT OR HIS REPRESENTATIVE PLEASE INTRODUCE US.
HELLO, KEVIN WIGGINS FOR RESPONDENT JUAN GEZ.
THOSE PRESENT FROM THE INSPECTOR GENERAL DIVISION, MARK BEAVERS, LAURA FEEK, AND THOSE PRESENT? I'M THE CITY SECRETARY'S OFFICE.
BILLY RAY JOHNSON MI LAVA MARTINEZ, DONNA BROWN, AND THE ATTORNEY ADVISOR FOR THE ETHICS ADVISORY COMMISS, LAURA MORRISON.
I'VE BEEN INFORMED BY THE CITY SECRETARY THAT THERE ARE NO PUBLIC SPEAKERS TODAY, SO WE WILL PROCEED.
DOES EITHER PARTY HAVE ANY MOTIONS THAT THEY WOULD LIKE TO PRESENT AT THIS TIME? YES, YOUR HONOR.
WE WOULD LIKE TO PRESENT A MOTION FOR CONTINUANCE.
UM, I WAS CONTACTED BY, UH, MR. GOMEZ ON MONDAY AFTERNOON FOR THE FIRST TIME.
UM, HE INFORMED ME, UH, OF A COMPLAINT PENDING AGAINST HIM AND THAT THE HEARING WAS ON WEDNESDAY.
I AGREED, UH, TO SEE WHAT I COULD DO TO GET MY, I, I AGREED TO TRY TO REPRESENT HIM AT THAT POINT.
I, UH, YESTERDAY, UH, WE SENT IN THE, UH, RETAINER AGREEMENT WITH THE CITY.
WE HAVE NOT RECEIVED THAT BACK.
SO OFFICIALLY, I'M NOT REPRESENTING YOU
AND BECAUSE WE JUST GOT NO, I JUST GOT NOTICE OF THIS HEARING, RESPECTFULLY REQUESTED CONTINUANCE, UM, O OKAY.
MR. WIGGINS, UM, HOW MUCH TIME DO YOU THINK YOU WOULD NEED PROBAB? NO MORE THAN TWO WEEKS.
AND MR. BEAVERS, UM, ANY OBJECTIONS TO THAT OR DO, DO YOU HAVE MOTIONS OF YOUR OWN? I JUST WANTED TO RESPOND.
I WAS CONTACTED BY MR. WIGGINS FIRM YESTERDAY BY ANOTHER ATTORNEY NAMED SAUL VIA, AND WHEN I FOUND OUT YESTERDAY THAT, THAT MR. GOMEZ HAD OBTAINED COUNSEL, UH, I'D SAID IT'S ONLY FAIR THAT YOU HAVE TIME TO REVIEW THE EVIDENCE.
UH, THAT WAS BASED ON MY ASSUMPTION THAT MR. GOMEZ WOULD ACTUALLY SHOW UP AT HIS OWN HEARING THAT IT DOES NOT APPEAR TO BE THE CASE THIS MORNING.
SO, UH, WE DO HAVE A MOTION WE WOULD LIKE TO MAKE ALSO, UH, PURSUANT TO 12 A 50 SUBSECTION D ONE, WE'VE GOT A COUPLE OF WITNESSES THAT WE WOULD LIKE THE ETHICS ADVISORY COMMISSION TO SUBPOENA.
UM, MENTIONED FOR, AND CAN YOU GIVE US THE NAMES OF THE, UH, WITNESSES? MR. MR. INSPECTOR GENERAL FOR THAT YOU WANT SUBPOENAED? YES, SIR.
TERRENCE PERKINS, T E R R A N C E, PERKINS, P E R K I N S.
AND, AND I UNDERSTAND CORRECTLY, MR. INSPECTOR GENERAL NO, NO.
OBJECTIONS TO THE REQUEST FOR CONTINUANCE FROM THE RESPONDENT TWO WEEKS OR REASONABLE TIME? NO.
[00:05:07]
I JUST HAVE ONE QUESTION, MS. MORRISON.DOES, UM, DOES MR. BEAVERS HAVE THE AUTHORITY TO SUBPOENA ON HIS OWN WHILE HE'S INVESTIGATING? YES.
UM, HE CAN SUBPOENA AS PART OF HIS INVESTIGATION, BUT AS FAR AS COMPELLING WITNESSES TO ATTEND THE HEARING, THAT LIES WITH, UH, THE SUBPOENA POWER OF THE EAC.
SO I'M INCLINED TO GRANT BOTH THE MOTION FOR CONTINUANCE AND A REQUEST FOR, UM, FOR THE SUBPOENAED, THE WITNESSES.
UH, LAURA FELAN SITTING NEXT TO ME.
CO-COUNSEL IS NOT GONNA BE HERE TWO WEEKS FROM TODAY.
SHE'S GOT VACATION, MUCH NEEDED VACATION SCHEDULED.
AND I'VE GOT ONE IN LATE JUNE.
SO WE WILL WORK WITH THE CITY SECRETARY'S OFFICE ON SCHEDULING.
I THINK MR. WIGGINS WAS JUST SAYING HE NEEDS AT LEAST TWO WEEKS TO GET READY, SO I'M SURE THERE WON'T BE ANY PROBLEM EXTENDING BEYOND THAT.
IT WILL WORK FOR A DAY THAT WORKS FOR EVERYONE, INCLUDING FOR OUR PANEL.
UM, AND, UH, WE'LL GO FROM THERE.
BUT WITH THAT, LET'S GRANT BOTH MOTION.
UH, SO WE'LL WORK WITH THE CITY SECRETARY'S OFFICE TO, TO RESCHEDULE THIS, AND WE'RE ADJOURNED AT NINE 40.