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Complaint filed against CP City Council
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A formal complaint has been filed against the Cedar Park City Council, the City of Cedar Park Economic Development Sales Tax Corporation (4A) Board of Directors and several members of the city staff.
The complaint was received by the Cedar Park Police Department on April 24 and is alleging that Cedar Park elected and appointed officials violated the City Charter when they accepted personalized Dallas Stars jerseys at the special-called meeting on Feb. 20, 2008.
The jerseys were presented by Hicks Cedar Park, LLC, after the council signed the Hicks Sports Agreement, in which Hicks agreed to pay $12 million toward the arena project, to control the operations of the facility and to bring the American Hockey League affiliate of the Dallas Stars, the Iowa Stars, to the arena and rename the team the Texas Stars.
The jerseys were given to all seven members of the city council, city attorney Charles Rowland, city manager Brenda Eivens, assistant city manager Sam Roberts, economic development director Phil Brewer and the five members of the 4A Board: Lowell Moore, Kelly Brent, Matt Schaefer, Steven Foster and Don Olson.
On Jan. 29, John Frew, the city's consultant on the project, contacted Brewer about a “list of recipients for Stars jerseys” so that Randy Locey, the business operations manager for Hicks, could get the exact spelling for the personalized jerseys.
In an e-mail sent by Cedar Park City Attorney Charles Rowland to council members and senior city staff on Feb. 19, the day before the signing, he instructed the council and city staff that “the city charter prohibits an elected official or a city employee from accepting a gift of any value from an entity the city is doing business with.”
Rowland instructed the council that if they received a gift from the Hicks group, to turn the gift over to LeAnn Quinn, Cedar Park city secretary, “at the of the meeting to avoid violating the Charter.” Furthermore, Rowland wrote that “should the council decide to pass an ordinance setting a maximum gift amount in the future, then these items may be delivered to you.”
It is unclear why there was a 23-day lapse between when Brewer received the email about the jerseys and the emails from the city attorney to the council were sent. Melanie Carr, Cedar Park Communications Director said it is likely that Rowland was not aware of the gifts until that time, which then prompted him to send the e-mails.
At the regularly-scheduled council meeting on Feb. 28, the council held a first reading on an ordinance to “adopt Chapter 176 of the Texas Local Government Code pertaining to disclosure of certain gifts and of relationships of elected city officials and city employees, adopting a permissible gift amount to be the same as required in Chapter 176 for filing of a conflicts disclosure statement.”
The ordinance had a second reading and was passed at the March 13 council meeting. This now allows city employees and officials to receive up to $250 in gifts in a 12-month period.
Carr said this is a “standard ordinance that most cities have.” The city charter's total prohibition against gifts was not very realistic, said Carr.
The Chapter 176 of the Texas Local Government Code allows for elected city officials and city employees to receive up to $250 in gifts in a 12-month period, but if the gifts total more than $250, a Conflicts Disclosure Statement is required to be filed.
According to the Dallas Stars “FanShop,” the council and city staff received the Dallas Stars Premier Road Jersey listed at $114.99, which means the council is not required to file the Conflicts Disclosure Statement. However, the personalized embroidery on the jerseys is an additional $55 making the jerseys received cost $169.99.
Place Four candidate Larry Schuler addressed the issue during citizen's communications at last Thursday's council meeting. “There is little doubt you accepted gifts in public violation of the city charter. There is no doubt you tried to fix that violation after the fact by passing an ordinance. You ignored the existing law that is our charter,” said Schuler. “You did a great disservice to our city and you should be ashamed of yourselves,” said Schuler.
Rowland addressed Schuler's comments at the meeting and said they were in error because “while [they] were presented with something, none of [them] accepted that gift.” Instead, they turned over gifts to Rowland and “at that point in time, since you hadn't received it, there is no violation,” said Rowland. The council then debated on what to do and ultimately decided to pass the ordinance.
Since a formal complaint was made with the police department, “it will be processed in accordance with the law,” said Captain Jeff Hayes, acting chief at the time the complaint was received. “I'm still looking into it and conferring with Chief Fluck. We will have answers in the future.”
E-mail jennifer@hillcountrynews.com
Reader Comments
Billy Wilder wrote on May 19, 2008 1:06 AM:
As the chief law enforcement official of this town, isn't he bound by law or some oath to act on criminal acts committed by city officials?
If he fails to act wouldn't this be a dereliction of his duty?
Isn't this grounds for removal of office as well?
If not, it should be, but wait the only people that can get rid of him are the ones he is protecting.
"
To Lawman wrote on May 9, 2008 9:27 PM:
So... I guess this amounts to the city of cedar park can black mail our chief of police. Give me a break. If I was the Chief I would be making an example out of these crooks... There must be so much the city is hanging over the pds head. I wouldn't care...I would take them all right to the slammer!!! There is no way they can fire the chief unless they have something on him...ya think? don't know...Why are you lawman and Debbie blaming the citizens???
Something is so wrong...To bash and ruin people because they want to make a difference in thier new home town..should not matter. That to me makes Shuler look better. I think our newspaper needs to catch up in being fair and honest too. Report the news...we arn't stupid. And if you don't start being fair the papers will keep laying in the middle of our driveways as usual. "
to lawman wrote on May 9, 2008 7:55 PM:
Lawman wrote on May 9, 2008 9:20 AM:
You are also right about pursuing complaints of illegal activity. The problem in Cedar Park is if you do so you will be victimized. Larry Schuler has pursued these issues and has been publicly attacked by the mayor and several council members. It gets worse.
A current councilman hosts the anonymous blog williamsonrepublic.blogspot.com. As of this morning Mr. Moore has a "must Read before voting" link to this blog on his capaign websire www.lowellmoore.com. Go to the blog and see for yourself what they are doing to Mr. Schuler.
It's obvious our current council and others believe their violation of the law is acceptable and those who complain are the bad guys. I don't know who the "big dogs" are the last poster mentions but they better get here fast. Tomorrow is election day. "
To Debbie wrote on May 7, 2008 1:34 PM:
As the chief of police I would take those aligations serious, and apparently there is alot more to this story that will not be swept under the rug. If I were a journalist I would be on this story and stay on it. But it seems people are really scared of people in Cedar Park. Why is that? Well, Debbie I can assure you that there are people that have had it, and the corruption can only go so far. I don't get you are sticking up for the chief Crime is Crime...he can make a few phone calls himself if he won't handle his city.
As far as money goes...your absoulutly right. The people with the money in all walks of life always can buy a vote and can also beat the justice system too. Don't lead the people into believing that to get rid of a chief is that easy. It's not. If it was so easy he would of been gone a few years ago. We all have familiys, we all have jobs to do. If you can't enforce the law or bring agencies in here that can you tell me how is fluck doing his job? Like I said, to all the ones involved they will be caught. And for cedar park to claim no body went to jail was a blantent lie, K-eye investigates showed tickets with real people that went to jail over these overcharges. That was proven. The fact that everyone is scared to face the white elephant in the room tells me that more things go on here then we know. But don't take our freedom of thought and speech away. and investigate and get to the bottom of issues, don't just state one side...and try to fool or butter up the facts. To be scared of cedar park will be short lived. So Debbie don't worry people are going to make a difference, and hopefully our paper will start to reflect growth and not be afraid of the white elephant anymore. It's only fair to hear all sides of the story. It is up to us to make a difference, but media has responsibiliy to tell the whole story, and different sides of the story. That's good reporting, and it's what is really happening in our town, and we all have the right to know. Posting comments is a start. The big dogs are coming..thanks to citizens that have had it. "
Debbie wrote on May 7, 2008 9:43 AM:
Chf. Fluck has a job which is one of 'being caught in the middle'. It is an unpopular and difficult job to have at times. He also has a family to support, the law to enforce, public to protect and bosses to please and answer to. He is the scapegoat for things that are out of his control. He is required to work with what we, the voters, give him. The majority of officers within the PD who have upper level responsibilities see what is happening behind closed doors. Those who do not, blame him due to lack of knowledge. Also the public does not see it either. Again, this is a voter issue. Chf. Fluck has no option but to abide by what the voters put into place for him to work with.
The same goes for many of the 'supporting casts' in this story.
They have to walk the line, because to not do so would endanger their jobs/careers and therefore their families. If we do not like the jobs that are being done, then look higher up and take care of the people who are causing the effect that is flowing downstream. I've lived here for 19 years and have contributed to the problem by voting in some questionable folks (ah, hindsight!). I now realize part of my reason is due to publicity around election time. Those with money get more publicity and therefore votes, than those without. You have to ask yourself, after watching this for awhile, how do they get their contributions? In addition, ignoring the publicity and listening to what the candidates say is one way to keep out the questionable folks. Keep in mind that frequently what is said is paid for by contributions to the election campaigns and therefore you may hear many negatives about an opponent (or issue), but the opponent doesn't have the funds to do the same and has difficulty getting out his/her message. Public forums may be a good way to gain information while ignoring "campaign purchased" publicity. Just my thoughts... "
The Watcher wrote on May 3, 2008 10:39 PM:
Hey Cedar Park did you miss the real crime that has been going on wrote on May 3, 2008 7:06 PM:
Ruby Lou wrote on May 3, 2008 5:09 PM:
Ruby Lou "
Funicula wrote on May 3, 2008 5:50 AM:
That's the problem with accepting the PERSONALIZED JERSEYS.
It's not about a cheese-ball or a box of donuts brought to the City Hall's snack room... and,
Check the videos on the City's website.
What was Schuler saying about a LUXURY SUITE in the CPEC? "
LarrySchuler wrote on May 2, 2008 4:13 PM:
"
More Lies and Bad Ethics wrote on May 2, 2008 12:19 PM:
This in not the first gift they have received.
I just read this in Wed. paper. "Lt. Col. Kevin Vizzarri and the other officers of the battalion presented city council members with baseball caps, koozies and lapel pins along with the official “Gambler Guns” poster."
Again the council is accepting more gifts.
This council is not going to get charges filed on them! The police chief doesn't want to make any waves or doesn't want to lose his job, so he will look the other way. He knew the last court manager was falsifying government records, but didn't do anything about it.
"
Funicula wrote on May 2, 2008 11:43 AM:
Dreamweaver wrote on May 2, 2008 11:27 AM:
He wouldn't do anything last year when Steve Berry complained repeatedly to his office about criminal activity on the council. I know for a fact he has told others not to contact his office anymore about Cedar Park.
We need to elect a district attorney who will do his job and hold these people accountable. Berry eventually gave up and quit and moved out of town. It's not chief Flucks job. Until that happens nothing will change. "
Graybeard wrote on May 1, 2008 11:43 PM:
A criminal complaint was filed before they gave the jerseys back. I am no lawyer, but if a thief steals your car, gets cited, and gives it back, I do not see too many district attorneys dropping the charges.
IMHO Chief Fluck, or an underling, is bound by Texas Penal codes to deliver the complaints to those who were accused in the complaint, and let the criminal courts sort it out.
But then you see political favoritism all the time.
I agree, funicula, People have to VOTE, and change that guard.
"
Ticketed in Cedar Park wrote on May 1, 2008 11:41 PM:
Funicula wrote on May 1, 2008 9:58 PM:
Here we go again wrote on May 1, 2008 8:59 PM:
Then when complaint brought last Thurs nite they explain why everything's ok. Then when complaint's filed the story starts to change. Then when HC NEWS & KEYE 42 gets on their case it changes again. Then the story changes again today & now they say the've been collecting the jerseys to give to charity. HUH ??????????
Maybe Mr Caputo would like to log on & tell us how, as a 5 term councilman & a practicing government law atty representing cities in central Texas on a daily basis how he went along with this ridiculous scheme & had no clue what the law is. Huh ??????
What they're gonna do IMO is throw Rowland under the bus, blame it all on him, hide behind the bad legal advice defense despite the fact they've got several law firms involved in this including a team of lawyers at the council meetings & super lawyer Caputo parading around for the cameras in his jersey!
So...... these are the folks we trust on the $55M arena contract & are gonna have take down $44M in arena bonds in two weeks? So..... does anybody really believe Mayor Lemon didn't try to bully & intimidate Schuler & Ruark?
This is not City Atty Charles Rowlans fault. This is exclusively the fault of the mayor and every council member for steamrolling him into doing what they were going to do anyway. However, if nobody's got the guts to run for election then it's really all of our faults. They may all be as corrupt as heck, but we let em be that way. Fool us once, shame on you. Fool us twice, shame on us. Shame on us, all of us.
Mark my words, they're gonna throw Rowland under the bus & he's gonna have no choice but to let em do it & fall on his sword for em. "
Garbage Man wrote on May 1, 2008 2:42 AM:
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