City to discuss ethics violations after employment contracts leak

After draft employment contracts for the city manager and attorney were leaked, the El Paso City Council discussed municipal ethics code violations during its scheduled meeting Tuesday.

The documents, which ABC-7 reviewed, stated City Manager Tommy Gonzalez request list included a salary of more than $330,000 and a medical stipend of $2,500 for healthcare in Dallas.

Gonzales’ new contract does not include a pay increase. His base salary remains $330,750 per year.

“I placed the item on agenda due to the fact that unfortunately over a week ago, there was a confidential leaked information leaked out to the press,” said District 7 Rep. Henry Rivera.

He told council the information came from a member of the Financial Oversight Audit Committee, of which Reps. Morgan, Hernandez, Ordaz-Perez and Rivera himself are members.

“Leaking such information which was still under review is very serious,” Rivera said. “It compromises the integrity of the FOAC members, the Council and those involved. This provides misinformation to the public as well, and most importantly its unethical.”

Rep. Rivera suggested the leak be reviewed under Texas Penal Code 39.6, which outlines Abuse of Office, misuse of official information.

Depending on the specific violation, Texas Penal Codes states the offense, or offenses, could be classified as a Third Degree felony, or Class C misdemeanor.

Council asked for the input of newly appointed City Attorney Karla Nieman.

“Due to the seriousness of the request I ask that I be given permission to come back in the second meeting in January,” said Nieman.

During the Dec. 11 city council meeting, Mayor Dee Margo said the draft documents were released as negotiations were underway.

“We have an extension to be effective June 19, 2019, at no increase in salary for our city manager,” said Margo. “The things we added were life insurance and disability. All those other extraneous things that were released to the public are not there.”

The salary listed in the newly approved 5-year contract, with an option for a two-year extension, was not disclosed.

ABC-7 obtained past employment contracts for City Manager Tommy Gonzalez through the Texas Public Information Act.

The city approved a 5 percent merit-based raise taking Gonzalez’s salary from $238,959.82 to $300,000, in Aug. 2016.

Two years later, in Aug. 2018, another 5 percent merit-based salary raise was approved boosting Gonzalez’s salary to $330,750.

The City of El Paso Legal Department told ABC-7 that the current employment contracts for Gonzalez and Nieman were still being finalized.

Reps. Cassandra Hernandez and Alexsandra Annello wanted to push the vote until January once the new council was sworn in.

“There are things I can’t come to terms with, compensations, severance,” said Rep. Hernandez. “Mr. Gonzalez, I don’t want you to feel my vote is a rejection of your performance.”