Mayor Eric Johnson unveils ethics reform proposal from task force

“Now is the time to show the people of our city that their best interests are our only interest.”

DALLAS — Mayor Eric Johnson on Monday unveiled a sweeping ethics reform proposal produced by his task force.

The task force’s recommendations would both simplify and strengthen the city’s ethics code while also placing an emphasis on improved training for city officials. The report can be read here.

The reform proposal follows a series of corruption cases that involved Dallas city officials.

“I am grateful to the task force for its thorough, thoughtful, and substantive work on this proposal to restore trust in our government. Their recommendations are simultaneously bold and realistic,” said Mayor Johnson. “This reform effort is of the utmost importance, and it must be a top priority of this city council. Ethical behavior is the foundation of everything we do here at City Hall.”

The centerpiece of the proposal is the creation of the Office of Inspector General to investigate potential ethics violations, proactively monitor compliance, and serve as a resource for city employees and city officials. Currently, no such position exists, and the onus is generally on the public to complain about potential ethics violations — and to prosecute them before the city’s Ethics Advisory Commission.

“The Task Force strongly believes that the long-term benefits of these recommended reforms will be well worth the effort and expense and will enhance the ethical standards of our City officials and employees,” said Tim Powers, who chaired the task force. “With this reform effort, Dallas can become the gold standard of an ethical culture to which other cities aspire and a system in which the people of our city can have great confidence.”

Mayor Johnson appointed Powers, a respected and distinguished attorney at Dallas-based law firm Haynes & Boone, as the Ethics Reform Czar in late 2019. Powers then assembled a task force that began examining the city’s ethics code and its shortcomings, exploring best practices in other cities, and working with experts to develop ideas for improved training and procedures.

Powers’ task force members were:

• Elizabeth B. Gibson, Toyota Motor North America, Inc.
• Daniel J. Micciche, Akin Gump Strauss Hauer & Feld, LLP and Dallas ISD Board of Trustees
• Professor Anna Offit, SMU Dedman School of Law
• Professor Thomas P. Perkins, Jr., UNT Dallas College of Law
• Rabbi Debra J. Robbins, Temple Emanu-El

The task force produced an 18-page report for the mayor and will work with the City Attorney’s Office on an ordinance to codify the changes.

Mayor Johnson is referring the report to the Ad Hoc Committee on General Investigating and Ethics, chaired by City Councilmember Cara Mendelsohn.

In a Sunday editorial, The Dallas Morning News wrote that the task force has made “a proposal that deserves the strongest consideration. It is a serious and sober assessment of the shortcomings of the city’s current ethics processes. And it makes clear and strong recommendations for the adoption of best practices to address those problems.”

The mayor said he looks forward to working with the city council on the proposal.

“Now is the time to act,” Mayor Johnson said. “Now is the time for us to lead on ethics reform. Now is the time to show the people of our city that their best interests are our only interest.”

Here is a list of the task force’s recommendations by focus area:

1. Complaint Handling, Enforcement, and Related Processes

• Recommendation #1: Establish Independent OIG under the City Attorney’s office.
• Recommendation #2: Streamline/consolidate the complaint process and provide greater protection against the risk of baseless reputational harm by reconfiguring complaint form.
• Recommendation #3: Allow and encourage issuance of advisory opinions by the OIG.
• Recommendation #4: Permit the settlement of cases, with EAC approval, to facilitate the efficient resolution of cases by agreement of the parties.

2. Culture of Excellence/Compliance

• Recommendation #1: Strengthen current training program for all City Officials and City employees.
• Recommendation #2: Demonstrate mastery of online ethics training by City Officials.
• Recommendation #3: Incorporate an anti-discrimination provision into the Ethics Code.
• Recommendation #4: Incorporate ethics concepts into Values Ambassador Program.
• Recommendation #5: Analyze and Improve Effectiveness of Ethics @ Work e-mails.

3. Conflicts of Interest

• Recommendation #1: Simplify conflict of interest provisions in the Ethics Code.
• Recommendation #2: Establish a clear chain of command for reporting violations of the Ethics Code.
• Recommendation #3: Update the Ethics Code provisions to err toward disclosure and recusal, if necessary.
• Recommendation #4: Establish a clear standard or test to determine whether a conflict of interest

4. Gifts, Lobbying, and Reporting

• Recommendation #1: Revise Ethics Code to streamline and clarify gift and travel reporting requirements.
• Recommendation #2: Clarify recipient of gift or expenditure
• Recommendation #3: Convert paper reporting system to online system with searchable public database.
• Recommendation #4: Clarify vague and/or unclear lobbying provisions in Ethics Code.
• Recommendation #5: Establish $300 limit on permissible value of gifts.
• Recommendation #6: Enhance the functionality of the online lobbyist database.

5. Campaign Finance

• Recommendation #1: Create online searchable electronic database to increase transparency.
• Recommendation #2: Establish 18 as the minimum age for donors.
• Recommendation #3: Extend the jurisdictional reach of the Ethics Code to ensure that it covers actions of all persons in connection with election and campaign activities.
• Recommendation #4: Expressly authorize a “Cop on the Beat.”
• Recommendation #5: Increase the frequency of campaign finance reporting.
• Recommendation #6: Provide comprehensive campaign-finance training for candidates and staff.