tag:blogger.com,1999:blog-2498525082522582900.post8278356391373844210..comments2024-03-22T16:02:08.213-05:00Comments on The Wheel: The City Has Some Explaining To Do, TooMark Stegerhttp://www.blogger.com/profile/02376182294736839659noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-2498525082522582900.post-32453797551718659302018-05-23T16:22:14.358-05:002018-05-23T16:22:14.358-05:00Bill, thanks for the feedback. No one wants us &qu...Bill, thanks for the feedback. No one wants us "using a chainsaw to slice butter." We shouldn't characterize ideas that have no opportunity to arise due to the absence an honest, open, independent review of the Code of Ethics and our city planning process.<br /><br />We disagree on whether the City's Code of Ethics covers bribery. The way I read it, it's all about bribery. I would quote, but there are just too many places.<br /><br />I'm not recommending the Maczka case be prosecuted in municipal court. I'm not saying whether the state or federal officials should. By the way, you ask good questions about why the Dallas County District Attorney didn't pursue this. I don't know. That's another question suitable to be asked during a review of the City's ordinance.<br /><br />Again, thanks for the feedback. Sincerely. It's already led to more discussion than the whole city council participated in during the three legally required bi-annual reviews of the city ordinance. Frankly, I consider that a dereliction of duty on the part of the City Council.Mark Stegerhttps://www.blogger.com/profile/02376182294736839659noreply@blogger.comtag:blogger.com,1999:blog-2498525082522582900.post-5942531593625683472018-05-23T15:43:12.738-05:002018-05-23T15:43:12.738-05:00In reading your response, I understand your concer...In reading your response, I understand your concern and regret for endorsing Laura Maczka. However, I would not want the benefit of 20/20 hindsight to persuade us to want to use the wrong tool to solve a problem, like using a chainsaw to slice butter.<br /><br />You state, "The city's extensive code of ethics must surely cover bribery." No, the city's Ethics ordinance (Richardson Code of Ordinances, Chapter 2, Article I - https://library.municode.com/tx/richardson/codes/code_of_ordinances?nodeId=PTIICOOR_CH2AD_ARTICOET) does not cover "bribery" per se. And why should it?<br /><br />Bribery of a public official (whether offering or accepting) is a felony of the second degree according to the Texas Penal Code, Title 8, Chapter 36 (https://statutes.capitol.texas.gov/Docs/PE/htm/PE.36.htm) - see 36.02, the section aptly titled "Bribery". In the State of Texas, felonies are prosecuted by the state, not a municipality. <br /><br />As best as I can tell, municipal courts prosecute only Class C misdemeanors, the lowest class of criminal conduct (above this from least to most serious are Class B and Class A misdemeanors, and felonies of the third degree, of the second degree, and of the first degree).<br /><br />In fact, there is the Dallas County District Attorney’s Public Integrity Unit whose job is explicitly to “… [investigate] complaints from citizens and cases filed by law enforcement agencies pertaining to individuals and organizations that violate the law while operating within the public's trust.” This includes, of course, officeholders who appear to have violated the law, whether municipal or state.<br /><br />I have doubts that it would be cost-effective or even legal for a municipality to subpoena records in the course of investigating a felony.<br /><br />The real question to me (and I hope, to you) is why the indictment came from the federal government and not from Dallas County. As you noted, the City of Richardson, "...then handed over all related materials [of the ethics investigation] to the Dallas County District Attorney’s Public Integrity Unit for further review." What happened after that?<br /><br />To understand the Public Integrity Unit better, perhaps you would like to read this <i>Dallas Morning News</i> article from 2010: https://www.dallasnews.com/news/news/2010/12/12/dallas-county-da_s-public-integrity-unit-rarely-investigates-officials<br /><br />In terms of full disclosure, I met the original head of the Public Integrity Unit, Ted Steinke, many years ago in the course of a political campaign – my campaign manager was discussing possible election violations committed by others. At that point, as the <i>News</i> notes, the unit’s focus was only on election fraud, and I believe that Ted was committed to fighting it, although he was understandably wary of interfering with elections in the same way that the Texas Ethics Commission normally does not report on campaign violations until <b><i>after</i></b> the election has been completed.<br /><br />But over the years, the unit’s scope has expanded to include a much broader range, including misbehavior by elected officials. So why isn’t it working? <br /><br />I would ask this first before creating expensive and possibly overreaching powers under the Charter.<br />mccalpinhttps://www.blogger.com/profile/02768191960822864278noreply@blogger.com