<%@ Language=JavaScript %> Texas Ethics Commission sanctions and fines Commissioner Meyers/Business Jounral-06/08
 

                                                            

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Texas Ethics Commission sanctions and fines Commissioner Meyers

By LeaAnne Klentzman

In an order of final resolution between the Texas Ethics Commission and Fort Bend County Precinct 3 Commissioner Andy Meyers agreed to pay a sanction and awaits further resolution of other pending sworn complaints.

In a cover letter to Meyer’s attorney, Dean Hrbacek, the Ethics Commission Assistant General Counsel Robert Mannas states, “You will note that the Ethics Commission determined that the violations were neither technical nor de minimis.” (Latin for minimal things) “This finding means that the order is not confidential and may be disclosed by the Ethics Commission members and staff.”

This investigation was in response to sworn complaints filed by retired newspaper reporter Susan DuQuesnay Bankston of Richmond. In a letter dated May 7, 2008 to Meyers’ attorney, Dean A. Hrbacek, the Ethics Commission listed the allegations and the findings of fact that were supported by "credible evidence."

DuQuesnay Bankston filed the initial complaints based on Meyers’ semiannual political contribution and expenditure reports for July 2005 and July 2007 citing improper reimbursement of political expenditures made from personal funds and failure to properly report political expenditures made by credit card. The complaint also alleges that Meyers converted political contributions to personal use.

The investigation began about 18 months ago when DuQuesnay filed the sworn complaints. Meyers subsequently filed corrected/amended forms detailing the expenditures.

When the Ethics Commission issued their ruling on one of the sworn complaints on May 6, 2008, the report stated that Meyers was found to have submitted corrections for previously filed reports--some clearing up allegations made in the complaint--yet others were found deficient.

Specifically Meyers had failed to itemize the expenditures as prescribed by law when reimbursing himself for credit card payments made to his Chase MasterCard. Ethics laws do not allow for a candidate or office holder to utilize campaign monies for personal use. All expenditures must be related to the operation of a campaign or the office holder’s job. The ethic laws are very specific; each expenditure must list the payee, dollar amount, and purpose.

The report identified several improper reimbursements made by Meyers in the corrected filings that were submitted after the initial sworn complaints. For example, in the corrected July 2006 filings, Meyers reimbursed himself $10,167. “Subtracting the $2,238 that he was eligible to reimburse himself, the evidence shows that he improperly reimbursed himself $7,929. The corrected report (Meyers) filed in response to the sworn complaint discloses the improper reimbursements.”

In the corrected January 2007 semiannual report Meyers showed to have reimbursed himself $11,100. The report states, “The evidence shows that he improperly reimbursed himself the full amount of the approximately $11,100. The complaint does not contain allegations regarding these reimbursements. The corrected report the respondent (Meyers) filed in response to the sworn complaint discloses the improper reimbursements.”

Again according to the report, “The evidence showed that on the following semiannual reports the respondent (Meyers) failed to initially disclose the following approximate amounts of expenditures from his personal funds. July 2005 - $6,730, January 2006 – $5,860, July - $16,610, January 2007 - $9,970. Furthermore the report indicated that Meyers failed to properly disclose the following amounts of expenditures for those same reporting periods on the following reports July 2005 - $5,410, January 2006 - $4,440, July 2006 - $13900, January 2007 - $14,780.” These violations were not a part of the allegations listed in the initial sworn complaint by DuQuesnay. They were discovered when Meyers filed his corrected versions of the campaign reports.

In resolution the Order states, “After considering the seriousness of the violations described under Sections III and IV, including the nature, circumstances, and consequences, of the violation, and after considering the sanction necessary to deter future violations, the commission imposes a $1,600 civil penalty.”

Commissioner Meyers, who according to his web site has an MBA in Finance and is a licensed Certified Public Accountant, was unable to be reached for comment. He was tied up in hearing for the 2009 county budget.

DuQuesnay Bankston, in a play on her Democrat roots, has a web site featuring a blue donkey. It is called "Kiss my Big Blue Butt" and she discusses this topic this week at www.kissmybigbluebutt.com.  The site also contains scanned copies of Meyers Campaign and Expense reports.

 

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   Last Update:  June 02, 2008