merten ethics complaint

8/9/2019 Merten Ethics Complaint

1/8

CITY

OF

DALLAS R ~ E i V E D

ETHICS ADVISORY COMMISSI0f1015 EB I 0

M

10: 7

C

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CR (

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,

....

CITY

OF

DALLAS COMPLAINT FORM

0;

LLA

S.

TEXAS

For Official Use Onlv

Please type or print legibly in blue or black ink.

NOTE: FILING A COMPLAINT THAT FALSELY ACCUSES SOMEONE OF A

VIOLATION

OF

THE ETHICS

CODE

MAY RESULT

IN

CRIMINAL

PROSECUTION

OF

ANYONE WHO KNOWINGLY MAKES A FALSE

ACCUSATION.

PART A COMPLAINANT INFORMATION

1. Your full name (print) (Identifies you as the Complainant)

James Francis Parker, Ill

Your residence address (Street, City, State and Zip Code) County

6808 Dalhart Lane, Dallas, Texas 75214

Dallas

Your business address (Street, City, State and Zip Code) County

1700 Pacific Ave., Suite 1870, Dallas, Texas 75201 Dallas

Business phone

Residence phone Email address (Optional)

214-442-0802 469-544-8450

[email protected]

PART B --COMPLAINANT DECLARATION

I DECLARE I HAVE A COMPLAINT AGAINST:

2. Full Name of person against whom you are bringing the allegation:

Sam Merten

Check One

Elected Official

Office Held

Appointed Official

Board r Commission/ Title

X Candidate Office Sought

X City Employee

Title/Department

OFFICE OF THE

CITY

SECRETARY

Page 1of

Fill

in Appropriate lnfonnation

Council District 9

Mayor's office

DALLAS, TEXAS

02-27-14


2/8

Residence address (Street, City, State and Zip Code)

County

1121

Beachview, Apt 7202, Dallas, TX 75218

Business address (Street, City, State and Zip Code)

County

Unknown

PART C DESCRIPTION OF COMPLAINT

Provide a statement of the facts upon which your complaint

is

based. Describe

the events in the order in which they occurred. Keep dates of events in

sequence. Include full names, addresses and phone numbers

of

all individuals

involved, including any witnesses present when alleged violations took place. Be

factual; the information you provide in this statement must be based on facts and

not

on

personal conjecture. Try to answer the questions ''who , what , ''where ,

and ''when . Attach extra sheets if more space

is

needed.

On May 28. 2014. Mike Rawlings made a $10,000.00 payment from his

campaign funds to Sam Merten for consulting. Relevant sections of CFR

attached as Exhibit A At the time the payment was made. Sam Merten was a

Citv

of

Dallas employee working in the office of the mayor. At the time the

payment was made. Sam Merten was also a Communitv Development

Commissioner for the Citv

of

Dallas.

PART D CODE VIOLATIONS

List the sections and paragraphs of the Code of Ethics' provisions you believe

have been violated:

12A-5

12A-1 O c) 1)

12A-10(g)

Charter Chapter XVI, 16

P RTE

SOURCES OF EVIDENCE

Identify sources of evidence, if any, that you believe should be considered by the

Ethics Advisory Commission. Submit all information that you have; attach

photocopies of

any pertinent papers or documentation to support your allegation.

Mike Rawlings' July, 2014. Campaign Finance Report (Ex. A)

Statement by Sam Merten acknowledging receipt of funds (Ex. B)

OFFICE OF THE CITY SECRETARY

Page 2

of

DALLAS, TEXAS

02-27-14


3/8


4/8

I CERTIFY THAT I HAVE READ THIS COMPLAINT, I FULLY UNDERSTAND

ITS CONTENTS, AND I DECLARE UNDER PENALTY OF PERJURY UNDER

THE LAWS OF THE STATE OF TEXAS THAT

THE

FOREGOING

STATEMENTS AND PHOTOCOPIES OF ATTACHED DOCUMENTS ARE

TRUE AND CORRECT. I UNDERSTAND THAT A COPY OF THIS

COMPLAINT WILL

BE

SENT

TO THE

CHAIR

OF THE

ETHICS ADVISORY

COMMISSION AND

TO THE

INDIVIDUAL CHARGED

IN

THIS COMPLAINT.

ALL PAPERS AND COMMUNICATIONS RELATING

TO

A COMPLAINT MUST

BE TREATED AS CONFIDENTIAL

TO

THE EXTENT ALLOWED BY LAW.

~ J

Before me the undersigned a u t h the tt>r

>

day of m 4 , 2 0

personally a p p e a r e d , e s : :Q. m known to me to

be

the person whose name is subscribed hereto,

and

eing duly swo tated that

he/she has personal knowledge of the facts her

in

.a at such acts are

true and correct.

( ( ' ~ ISEL

L

OPEZ

t ~ : t J

MY

COMMISSION

EXPIRES

Jen

uary9 2

9

Special Note: Section 3.2 of the Ethics Advisory Commission Rules of Procedure states that,

Man amended complaint may only be filed within seven days after the city secretary s receipt of

the original complaint:

Should you have any questions concerning this form, please contact the City Secretary s Office,

at (214) 670-3741 during regular business hours 8:15am- 5:15pm).

Upon completing ALL sections of the complaint form, please hand deliver or send by certified

mail with any attachments to:

Office of the City Secretary

CITY HALL

1500 Marilla Avenue- Suite 50S

Dallas, TX 752 1

OFFICE OF THE CITY SECRETARY

Page 4 of4

DALLAS, TEXAS

02-27-14


5/8

Texas Ethics Commission

P.O.Box

12070

Austin,

Texas

78711-2070

(512) 463-5800 1-800-325-8506

CANDIDATE OFFICEHOLDER

FORM

C OH

CAMPAIGN FINANCE REPORT

Cover Sheet

pg 1

The

C/OH

Instruction Guide explains how to complete

1 ACCOUNT

2. Total Pages Flied:

(Ethics Commission filers)

this form.

22

3. CANDIDATE

MSI

MRS MR

FIRST

Ml

OFFICEHOLDER

Michael

OFFICE USE ONLY

NAME

Date R< Celved

NICKNAME

LAST

SUFFIX

Rawlings

4.

CANDIDATE

AddressiPO BOX; APT SUITE ; CITY;

STATE; ZIP

CODE

OFFICEHOLDER

500

Crescent Court

MAIUNG

Dallas

TX 75201

ADDRESS

Date Hand-dellevered

or

Date Postmarked

0 Change

of

Address

Apt/Suite: 250

5. CANDIDATE

AREA CODE PHONE NUMBER EXTENSION

OFFICEHOLDER

PHONE

( )

Receipt Amount

6. CAMPAIGN

MS MRS MR

FIRST Ml

Date Processed

TREASURER

Brint

NAME

Date Imaged

NICKNAME LAST SUFFIX

Rvan

7. CAMPAIGN

STREET ADDRESS

(NO

PO BOX

PLEASE);

APT

SUITE ;

CITY; STATE;

ZIP CODE

TREASURER

500

Crescent Court

250

Dallas TX 75201

ADDRESS

(Residence or business)

8. CAMPAIGN

AREA CODE

PHONE

NUMBER EXTENSION

TREASURER

(

)

PHONE

9.

REPORT TYPE

July 15

10. PERIOD

1/1/2014

THROUGH

6/30/2014

OVERED

11. ELECTION

ELECTION

DATE

ELECTION

TYPE

NA

12. OFFICE

OFFICE HELD (If any)

3. OFFICE SOUGHT

( if

known)

Mayor

Not Applicable

14.

NOTICE

** Direct campaign expenditures are campaign expenditures made by others without the candidate s prtor consent or approval

OF DIRECT

candidates are required

to

disclose

this

onformation only

If

they

receive notification

of the

direct

campaign expenditure.

**

CAMPAIGN

EXPENDITURE

NAME

BY

OTHER

INDIVIDUALS

ADDRESS PO BOX; APT SUITE ; CITY;

STATE;

ZIP

CODE

D additional pages

GOTO PAGE

2

I=X A

Revtsod 04/21/2010


6/8

Texas Ethics Commission

P.O.Box 12070 Austin, Texas 78711-2070 (512) 463-5800 1-800-325-8506

CANDIDATE

OFFICEHOLDER REPORT:

FORM

C OH

SUPPORT TOTALS

COVER SHEET

P

2

5 C/OH NAME

16 ACCOUNT #(Ethics

COmmission

fliers)

Michael Rawlings

7 NOTICE

This box is for notice of political contributions accepted or political expenditures made

by

political

committees

to s':fcport

FROM

the

candidate/officeholder.

hese expenditures may have been made without the candidate s

r

officeholder s know/e ge

r

consent. Candidates and officeholders are required to report this information

only

if they receive notice of such

PO UTI

CAL

expenditures.* *

COMMITTEE($)

COMMffiEE TYPE

COMMIITEE NAME

COMMIITEE ADDRESS

0 additional pages

D

GENERAL

D

SPECIFIC

COMMIITEE CAMPAIGN TREASURER NAME

COMMIITEE CAMPAIGN

TREASURER

ADDRESS

8 CONTRIBUTION

1. TOTAL POLITICAL CONTRIBUTIONS OF $50

OR

LESS (OTHER THAN

0.00

TOTALS

PLEDGES

LOANS,

OR

GUARANTEES

OF

LOANS), UNLESS ITEMIZED

2. TOTAL POUTICAL CONTRIBUTIONS

0.

00

(OTHER THAN PLEDGES LOANS, OR

GUARANTEES OF

LOANS)

· ·················

EXPENDITURE

3. TOTAL POLITICAL EXPENDITURES OF $50 OR LESS UNLESS ITEMIZED

0.00

TOTALS

4. TOTAL POLITICAL EXPENDITURES

53750.61

.

.

...........

.

..............

CONTRIBUTION

5. TOTAL POUTICAL CONTRIBUTIONS MAINTAINED AS OF THE LAST DAY

54590.78

BALANCE

OF REPORTING PERIOD

..........................

OUTSTANDING

6. TOTAL PRINCIPAL AMOUNT OF

ALL

OUTSTANDING LOANS

AS

OF

THE

0.00

LOAN TOTALS

LAST

DAY OF THE

REPORTING

PERIOD

9 AFFIDAVIT

1 swear, or

affirm

under penalty

of perjury

that

the

accompanying

report

is true and correct and lndudes all

information

required to be reported

by

me under

Title

15, Election code.

***ELECTRONICALLY CERTIFIED***

Signature

of

Candidate or Officeholder

AFFIX NOTARY STAMP/ SEAL ABOVE

Sworn to and subscribed before me ,

by

the said Michael Rawlings

, th is

the

14th

day

of

Jul)

• 20 , to certify which, witness my hand and seal of office.

Signature of

officer

administering

oath

Printed name

of

officer administering oath

Title of officer a d m i n i s ~ ~ g _ A a t h

Revised 08/25/2009


7/8

Texas Ethics Commission P.O. Box 12070

Austin, Texas 78711-2070

(512) 463-5800

1-800-325-8506

POLITICAL EXPENDITURES

SCHEDULE F

EXPENDITURE CATEGORIES FOR BOX S(a)

Advertising Expense Gift/Awards/Memorials Expense

Salaries/Wages/Contract Labor

Loan Repayment/Reimbursement

Accounting/Banking Legal Services

Solicitation/Fundraising Expense

Transportation Equipment Related Expense

Consulting Expense Food/Beverage Expense Travel In District

Contributions/Donations

Made

By

Event Expense Polling Expense

Travel Out Of District

Candidate/Officeholder/Political Committee

Fees

Printing Expense

Office Overhead/Rental Expense

OTHER

(enter a category

not

listed above)

The Instruction Guide explains how to complete

this

form.

1 Total pages Schedule F:

2

FILER NAME

3

ACCOUNT (Ethics Commission Filers)

19 of l Michael Rawlings

4 Date 6

Payeename

05/02/2014

Barney

Young

6 Amount ( ) 7 Payee address ; City; State; Zip Code

290.63

6901 Turtle Creek

Blvd

Dallas, TX 75205

8

PURPOSE

(a) ~ y (Sse categoriealisted at the top of this ochedule}

~ e s ~ t i o n

~ t r a v e l outalde

of

Texaa complete Schedule

T)

OF

F everage

reakfast roup tg

EXPENDITURE

9 Complete mil :l if direct

Candidate

I Officeholder

name

OffiCB

sought

Office held

expenditure to benefit

C/OH

Date

Payee name

05/15/2014 Education is Freedom

Amount

{ ) Payee address;

City; State; Zip Code

2420.00

3963 Maple

Avenue

Suite 370

DaUas,

TX

75219

PURPOSE

Category (See categories listed at the top of thla echedule}

Description (If travel outelde of Texae, complete Schedule

T)

OF

Donation

Intern

EXPENDITURE

Complete mil :l

if

direct

Candidate

I Officeholder

name

Office

sought

Office held

expenditure to benefit C/OH

Date

Payee name

05/04/2014

The Churchill Hotel

Amount ( )

Payee address; City;

State;

Zip Code

285.10

1914 Connecticut Ave NW Washington, DC 20009

PURPOSE

Category

(See categories lie ed at the top or thia echedule}

Description (If travel outaide of Texas, completa Schedule

T)

OF

Travel

Correspondents

Dinner

EXPENDITURE

Complete mil :l if direct

Candidate

I Officeholder

name

Office

sought Office

held

expenditure to benefit

C/OH

Date Payee name

05/28/2014 Sam

Merten

Amount ( )

Payee address;

City; State;

Zip Code

10000.00

1310 N Cockrell Hill Rd Suite 1415 DaUas, TX 75211

PURPOSE

Category (Sea categories listed

at

the top or this achedule}

Description (lftravel outside ofTel«


8/8

Sam Merten

Do what you feel like you need

to

do, Julie,

but you missed

my

point. It wasn't outside

employment. It was additional

compensation for my work with the city that

Mayor Rawlings decided to provide.

Like · Reply· More· Monday at

3:58pm

- - · 1- .._

l

l 1 reply

L ~ · ·

Sam Merten

The payment is completely ethical, Julie.

r ~ 4

Mayor Rawlings wanted to give me a bonus

for

the extra hours I was putting in at City

~ ~ ·

Hall, and rather than charging the taxpayers,

~ : ~

he paid

it

out of his campaign account.

Like · Reply · More· Monday at 9:29am

Jeff

Jones

Sam, the TE O No. 254 is an interesting

twist. You

were, and have not been an

employee of the State. You were a

municipal employee and the statute does

not cover municipalities, only Legislators of

the

State. By your own admission, Mayor

Rawlings wanted

to GIVE ME

a bonus

for

the

extra hours I was putting in at City Hall,

and rather charging the taxpayers, he paid

it

out

of

his campaign account. That would

fall under a violation of the city's own Code

of

Ethics Sec.12A-5{a) A city official or

employee shall not solicit, accept, or agree

to

accept any gift

or

benefit that: {1)

r ~ ~ r : n n ~ h l v

t ~ n r l r

t

i n f h ~ n ~ ~

r

RI=WARn

merten ethics complaint

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