Ethics commission will rely on investigator for complaint against Romero, City Manager

The ethics attorney investigating the city’s aborted, controversial process to hire a new financial adviser will also be providing legal support to the city’s newly formed ethics commission.

The commission will be examining an ethics complaint filed by local activist and blogger Jim Tolbert against City Representative Larry Romero and City Manager Tommy Gonzalez.

“Because it involves one of the city council members, I have to seek outside counsel. I have a conflict of interest because it involves one of my bosses,” said City Attorney Sylvia Borunda Firth, referring to the need for Fischer to advise the commission.

Gonzalez authorized the search for a new financial adviser at the public suggestion of Romero but without a vote from council. Romero has been criticized for not originally disclosing he had once worked with Noe Hinojosa, the owner of Estrada Hinojosa, the company that received top scores in the city search.

Fischer will analyze the actual process of looking for a new financial adviser, checking if Gonzalez and Romero’s actions were ethical.

“I’ve lost faith and trust in our City Manager,” said City Rep. Claudia Ordaz on Tuesday after the City Council meeting in which city representatives discussed the investigation behind closed doors, in executive session. She said the discussion on major topics, such as the quality of life bond projects and the final approval of the Street Capital Improvement Projects appeared to be on hold as the city awaited the investigation results.

Gonzalez and his staff have announced progress on major projects since the investigation began, including land acquisition for the $180 million arena approved by voters.

“I’ve lost confidence in him (the City Manager). So personally for me, I don’t know what it’s going to take. I don’t know if we can ever repair those relationships at this point,” said Ordaz, who believes Gonzalez lied to her about knowing Hinojosa.

Gonzalez has repeatedly denied lying to Ordaz. He has said he believed he was acting with the council’s blessing because the City Representatives had all expressed concern about the way current financial adviser First Southwest handled the issuance of ballpark bonds.

Gonzalez has said that if he had known former City Manager Joyce Wilson had delayed the issuance of the ballpark bonds until after the May 2013 election, he would not have authorized the search.

The delay cost the City $22 million and meant it lost out on an opportunity for a profitable financing deal.

Fischer is also tasked with investigating the delay in the ballpark bond issuance. “We think there’s enough latitude in the description to go back to it and he’s confirmed that as well,” said Firth.

The language in Fischer’s scope investigation does not include any reference to the ballpark bonds or Wilson, but Firth said the “search for a new financial adviser” would encompass the ballpark bond issue as well.

“(He’ll look at) how the whole discussion came up with the financial advisors and the quality of their work and it goes all the way back to them and 2013,” she said.

Fischer is also reviewing the city’s process and policy for responding to open records requests.

“The idea of an independent investigation is not to tell him exactly how to do his investigation. But to tell him what the areas of concern are and then allow him to take the path that he feels will give him the information he wants.

He’s acting independently, even independently of the city attorney,” said Firth.