Fate Council Dropped Case Before Reviewing
Fate, TX — An ethics investigation commissioned by the City of Fate concluded that former Councilwoman Codi Chinn violated the City’s Code of Ethics before the City Council voted earlier this month to discontinue the matter, according to documents obtained by Pipkins Reports through an Open Records Request.
The report, prepared by attorney Laura Mueller of the law firm Baker, Robertson & O’Brien, found that the allegation against Chinn was “substantiated, but with mitigating factors.”
The Executive Summary states:
“After investigation, my determination is that allegation of a violation of the Ethics Code is substantiated, but with mitigating factors.”
The report concludes that Chinn violated Section 2-309(10) of the City’s Code of Ethics after directing City employees to provide their concerns to her in writing.
“After reviewing the Charter, the Code of Ethics, and reviewing all of the evidence, my conclusion is that Ms. Chinn violated Section 2-309(10) of the Code of Ethics when she directed employees to provide information to her in writing.”
Mueller also concluded that mitigating circumstances should be considered because Chinn immediately informed City Manager Michael Kovacs about the employee concerns and because the employees ultimately submitted their written complaints directly to the City.
Council Ends Investigation
The ethics complaint summary report was scheduled to appear on the July 6 City Council agenda for executive session discussion.
Instead of going into Executive Session, the Council waived deliberative privilege and discussed the matter in open session where they ultimately voted to discontinue the ethics proceedings and drop the matter, before being presented with the findings from Mueller.
The Council did not impose any sanction against Chinn.
The following day, Pipkins Reports requested a copy of the complaint and the investigative report, and received it through an Open Records Request.
Investigation Details
According to the report, investigators interviewed Chinn, Councilman Mark Harper, City Manager Michael Kovacs, and other witnesses.
Regarding the allegations, Mueller wrote:
“In my interview with Ms. Chinn and Mr. Harper, we discussed the allegation. I questioned Ms. Chinn about her conversations with city employees and with Mr. Kovacs.”
According to the report, Chinn stated that city employees approached her seeking assistance and that she intended to present their concerns to the City Manager after compiling the information.
However, the report states that employees instead prepared a letter addressed to the City Council. Chinn then instructed them to provide the letter directly to the City Manager.
The report also summarizes Kovacs’ account of the events.
“Mr. Kovacs stated that he received the letter outlining the employee issues directly from an officer, but with the understanding that the information was given to him at the direction of Ms. Chinn.”
Previously, it was reported that Chinn provided a copy of an, “anonymous letter”, that she claims was provided by DPS officers to her. Chinn further states that she sent the letter to Michael Kovacs … who then forwarded it on to the rest of the Council. This report also states that Kovacs told investigators he had warned Chinn against communicating with employees in that manner.
Pipkins Reports continues to investigate this aspect of the situation … as the conditions shed new light on the events that have transpired with regard to the termination of DPS Chief Lyle Lombard.
Meanwhile, the city council’s decision effectively ended the ethics proceeding against Chinn without imposing any sanction or issuing any formal determination of its own regarding the investigator’s findings. While the Council possessed the authority to discontinue the matter, the decision also brought the ethics process to a close despite an independent investigation concluding that a violation of the City’s Code of Ethics had occurred.
For the complainant, Darcy Gildon, the Council’s action marked the end of a process that resulted in no public accountability beyond the release of the investigative report which Pipkins Reports has now provided.