The Field Review - Local

City of Kyle Ethics Commission Requests a Reconsideration of City Manager’s Outside Employment

PLEASE NOTE: Nothing in this publishing should be taken as legal advice.

City of Kyle Ethics Commission Requests a Reconsideration of City Manager’s Outside Employment

On June 23, 2022, the City of Kyle Ethics Commission held a meeting to review two complaints filed by Yvonne Flores-Cale, District 2 Council. The complaints involved the decision to allow the City Manager J. Scott Sellers the ability to have an outside consulting firm.

In the short, approximate five minute video, the Ethics Commission declined to accept the complaint, but recommended the City Council reconsider whether Mr. Sellers should be allowed to have an outside consulting business.

In this matter, the Ethics Commission decided not to dismiss with prejudice, but to allow an opportunity to refile a new complaint. The Ethics Commission stated it did not have enough evidence for an investigation into the complaint made.

We recently published on the two most recent ethics opinions issued by the City of Kyle Ethics Compliance Officer, Doug Montgomery. In those opinions, we noted that an element of the Ethics Code was not cited by this individual. Specifically not mentioned was the following:

Sec. 2-176. – Conflicting outside employment. (b)Special application. The following special rule applies in addition to the general rule: A city officer or employee shall not provide services to an outside employer related to their official duties as a city officer or employee. This special rule does not apply to law enforcement employees provided that the employees are the subject of a properly adopted personnel policy authorizing such employment.

City of Kyle, Ethics Code

The Ethics Commission, also stated it made these recommendations based upon the advice of its Ethics Compliance Officer. This individual is a relatively new appointment for the City of Kyle. He was appointed to the role around a year or less ago. He took over for the prior Ethics Compliance Officer who is associated with the new Ethics Compliance Officer’s firm, “Messer, Fort, McDonald.” Montgomery has been licensed to practice law since November of 2012, and has claimed the prior Ethics Compliance Officer , Monte Akers, is his mentor.

Also, there is a pending lawsuit filed on the City Manager which is scheduled for a court hearing near the end of this July.

A Couple of Our Other Reads

You may be interested in reading about a prior City of Kyle Police Union President’s active lawsuit to have his peace officer employment restored.

Or you may find our publishing on a unregistered private investigation company a prior City of Kyle Council Member owned, of interest.

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