The Ethics Conclusion &  The Bogus Ethics Policy

by friscowhistleblower | Feb 15, 2023 | City Council, Ethics Complaints, Frisco City Secretary, Home Rule & City Charter, Politics, Public Information Requests, Taxpayer Dollars

After the council ruled on the complaints at the July 2021 council meeting, a resident came forward at the August 3, 2021, council meeting to speak during citizens’ input requesting an independent ethics committee.  Mayor Cheney responded to the citizen announcing the Governance Committee would be meeting later that month to review the current ethics policy and the citizen was welcome to attend and speak at that meeting.  He then said when it was first put in place that the city attorney told them it could be used as a political weapon against council members.   Then Ms. Rouse took the podium and spoke and Mayor Cheney responded to her red faced and with beady little eyes, that the city did not need to hear her complaints because they were not filled out correctly but he insisted they be heard because he wanted them dismissed since they were not factual and ridiculous.   

It made us wonder, what do other cities do?   The City of Denton has a Board of Ethics which was created in 2018 and their duty is to solely hear ethics complaints filed against city officials.  The city website thoroughly details the policy, procedures, and forms.  The City of Plano is much like Frisco in how they hear ethics complaints.  One interesting thing to note about their Code is Sec 2-109 which states the acceptance of a campaign contribution in excess of $1,000 by any city council member(s) shall create a conflict of interest based on an appearance of impropriety.  In a nutshell that means they must recuse themselves from votes that could benefit anyone who gave more than $1,000 to their campaigns.  The City of Dallas strengthened its code of ethics policies in 2021 and all complaints go before the Dallas’ Ethics Advisory Commission whose 15 members are appointed by the council.  We were surprised to see most cities have the same process as Frisco when it is clear there are major conflicts of interest involved.

Now that you understand the process, and we broke down one of the complaints, it is time to talk about a few reasons why the ethics policy is bogus.    

Reason 1:  Relationship Conflicts 

A conflict of interest occurs when an individual’s interests such as family, friendships, financial or social factors could compromise his or her judgment, actions, or decisions.  In this case, several conflicts of interest led to the whole process being bogus.

1. If one of the fellow council members is indirectly linked to the issue then how could they vote on it?  In this case, indirectly, Angelia Pelham was named in the complaint.  The mayor campaigned for her, held fundraisers for her just months before the vote, and the alleged allegation in question is related to a post about her.  While Angelia is not accused of anything in the ethics complaint, and we don’t believe she had any knowledge of the mayor’s actions or what he planned to post she is indirectly connected to the complaint.  One could argue that she could not be impartial and should recuse herself.
2. To have a council member vote against another council member whom they have served next to for some time and could be friends with smells like shit.  The whole thing is questionable and creates an appearance of impropriety.
3.  One of the ethics complaints that evening was against Councilman John Keating for his alleged poor public display of public behavior. For Cheney to vote on Keating and then Keating to vote on Cheney, how is the public supposed to think they don’t have a gentleman’s agreement to not vote against each other?  Let’s also take into consideration they are neighbors, literally right next door/across the street from each other in the same cul-de-sac.

Reason 2: Campaign Donations

Did you know that for years those who serve on the council have donated to each other’s campaigns?    Some more than others but this is a time-honored tradition based on our review of campaign finance reports.

1. John Keating over the years has donated $3500 to Mayor Jeff Cheney’s campaign, he also donated 477 dollars to himself, he donated $7000 to Angelia Pelham’s campaign,, $1000 to Bill Woodard’s campaign, and $1500 to Laura Rummel’s campaign.  Oh yeah, let’s not also forget Jeff Cheney and John Keating are neighbors (in the same cul-de-sac).
2. Jeff Cheney along with his wife held a fundraiser for Angelia Pelham that was valued at $1556 bucks according to the campaign finance report as well as he publicly supported her during her election. Dana Cheney also donated 250 dollars to John Keating’s campaign.
3. Bill Woodard donated $200 to John Keating’s campaign and according to his campaign finance reports he received a $100 donation in 2016 $100 from someone with the last name Abernathy.  Is that the same person who serves as the City Attorney?  We don’t know but it left us wondering.
4. Will Sowell donated $450 to Jeff Cheney’s campaign, and $100 to Bill Woodard’s campaign.
5. Brian Livingston donated $265 to Jeff Cheney’s campaign as a (food expense) and $500 to Laura Rummel’s campaign.
6. Shona Huffman donated $100 to John Keating’s campaign.

With campaign finance donations going back and forth between candidates, there is no way the council could claim to be impartial.  Money flowing between candidates should be an immediate reason for recusal.  To one on the outside looking in a donation could be equivalent to a gift.  It could also be seen as reciprocal favor where there is an understanding with another person that official action will be rewarded directly or indirectly.  Regardless of the amount, a donation should automatically be a reason for recusal.   

Reason 3: The City Attorney

You are wondering, what the city attorney has to do with it being bogus?  The city attorney works for the city and his goal is to protect the city.  That means he advises them of the merit of the complaint and provides a written report describing the nature of the complaint and an assessment of the complaint.  What could influence the city attorney in how he does his job or the decisions he makes?   You know that thing you call a yearly review – where your company grades you on your performance which ultimately can affect your pay or your employment.  The city council and the mayor write the attorney’s yearly review every year.    That could influence anyone on how they do their job and the decisions they make.   

All residents want is transparency which is important when there is a perceived conflict of interest.  Pretend for a moment, everything is above board, and there is no shady shit happening but there is an appearance of wrongdoing, that appearance is just as important as reality in the minds of the public, citizens, and voters. 

A resident should not need an attorney to file a complaint against an elected official that was voted into office by the residents. The city should have the City Charter, Code of Conduct, and how-to instructions easily available on the website. It should be easy to obtain all the necessary forms from the city secretary’s office. Calling for a review of the Ethics Policy after complaints were made, gives the appearance of being shady.  The city should also consider adopting something similar to Plano, which states a campaign contribution in excess of $1,000 to any city council member(s) shall create a conflict of interest based on an appearance of impropriety.  Meaning Jeff Cheney and others on the council would have to recuse themselves from voting on developments where they have received large campaign contributions from those associated with the project. That would be a game-changer rule in Frisco and not one that you would see many on the council voting for anytime soon.

The conflicts mentioned above are glaring red flags and the residents of Frisco should be outraged.  We recommend you file your complaints with the Texas Ethics Commission or the Texas Attorney General because it is clear your voice of concern is not welcome in Frisco and that is some shady shit!