Identity misrepresentation prohibited

Council bars city officials using false names when talking about city business.

The Lakeway City Council approved amendments to the ethics code to prohibit city officials from talking about city business while misrepresenting their identity. They also approved language creating a statute of limitations on ethics complaints.

The proposed language, put forward by the board of ethics and crafted with assistance from City Attorney Alan Bojorquez, was borne of several complaints about the conduct of Mayor Joe Bain when he discussed the May elections and other city matters in the online neighborhood discussion forum Nextdoor, ethics board Chair Laurie Higginbotham told the View in June.

“As it’s written now, (the complaints) did not allege anything actionable under existing code,” Higginbotham told the City Council on July 17, “so they were closed without further investigation. But because the topic was raised, we thought it would be appropriate if the board of ethics amended the code to include that.”

The new language applies to anyone elected to, appointed to, volunteering or employed in a position for the city, with the exception of law enforcement. City officials may not discuss city business, elections or matters pending before the city while misrepresenting their identity.

City Council members expressed concern about paid city employees facing consequences for such conduct.

“If an employee goes home, gets on the internet using ‘Chewbacca’ (as their name) and says ‘don’t vote for Ron Massa, this guy is one sandwich short of a picnic,’ and they don’t want to have their name out there ... now we have to take disciplinary action on an employee,” Council Member Ron Massa said.

“I definitely think this is something that’s a reasonable restriction,” Higginbotham replied. “We’re not restricting anything they’re saying. We’re just saying if you’re going to speak about city business, you have to identify yourself. It’s good transparency.”

New language also was incorporated to require complainants to include their name, address and phone number to make it easier for the board of ethics to let them know if an investigation will take place, Higginbotham said.

Language was added to limit complaints so they have to address conduct that took place within one year of when the complaint was filed, though a “discovery” clause was added.