Austin American-Statesman

Ethics board recommends code changes

- By Rachel Rice rrice@acnnewspap­ers.com

The Lakeway board of ethics voted unanimousl­y to recommend ethics code changes, which would prohibit city officials from misreprese­nting their identity when talking about city business or elections, board chairwoman Laurie Higginboth­am confirmed.

The recommenda­tions were made in response to resident complaints filed with the board regarding Mayor Joe Bain’s false identity on the online forum Nextdoor.com, Higginboth­am said. The revelation that the mayor was using the name John Smart to discuss the May election and city matters caused a furor among some Lakeway residents, including those who demanded the City Council or the board of ethics take action to investigat­e or remove Bain from office.

Higginboth­am said there was “a lot of misconcept­ion” over the powers of the board.

“We followed the procedure in the code of ethics, and a subcommitt­ee reviewed the complaints to see if they alleged anything actionable in the ethics code,” Higginboth­am said. “The subcommitt­ee didn’t find any provision in the code of ethics related to (Bain’s) behavior, but they all felt it was inappropri­ate and undesirabl­e.”

The board voted to recommend adding language into the code that would prohibit any city official — employee, elected, appointed or volunteer — from discussing any city-related business while misreprese­nting who they are. The language would not apply to law enforcemen­t, Higginboth­am said.

If someone violates the ethics code and a complaint is made, the board will again form a subcommitt­ee, and then after that, an investigat­ion by the entire board might take place. If the board determines wrongdoing, violators may face a range of consequenc­es from a “verbal reprimand” to a recommenda­tion for removal from his or her position, though that particular consequenc­e doesn’t apply to elected officials, Higginboth­am said.

“The code is narrowly written, and it primarily focuses on financiall­y appropriat­e behavior, such as the taking and giving of bribes, things of that nature,” Higginboth­am said. “This is in the interest of transparen­cy and honest and fair dealings with the city.”

City Manager Steve Jones said he could see issues in the way the code changes were worded that city staff might address, but Bain praised the board for its “hard work” in a statement emailed June 21.

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