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How to File a Complaint

As Island Matters has demonstrated, there are two groups of stakeholders who need a simple, secure, and confidential process to submit a complaint – especially “whistleblower” types of complaints – citizens and staff. 

 

How do you file a complaint against an elected or appointed official?

 

When Randy Algoe served Mayor McNulty and the City Council with his self-drafted “Notice of Violations of the City Home Rule Charter,” it was good city council theater, but procedurally meaningless.

 

Step 1: What is the problem?

 

According to the South Padre Island City Ordinance, "The Board of Ethics shall establish a Code of Ethics and administer and enforce the conflict of interest and Finance Disclosure State Laws."  So, step one becomes determining if the violation was a conflict of interests or a financial disclosure violation.

 

Step 2: Fill out the form!

 

Step two involves filing an ethics complaint form which includes an Ethics Complaint Affidavit Form, which can be found at the end of the South Padre Island Code of Ethics Handbook. According to the Board of Ethics Rules and Procedures Sec. 4 (b), Filed complaints "must be in writing and under oath and must set forth in simple, concise, and direct statements: (Ethics Code Complaint Form #4)

 

The complainant must give their name, address, and number, with their statements of facts, affidavit, and consanguinity/affinity relationships, which establish connections between blood relatives and spousal relationships.

Step 3: Was money involved?

 

Step three is a Gift Report Form. The complainant must list individual or business names for each gift received by city officials with the gift's market value.

The form states that any city official who knows of violations must report it within seven business days of knowing. 

 

How does a city staff member file a complaint against another staff member?

 

When asked about the path for complaints for the public and staff, City Manager Randy Smith referred Island Matters to the City's Code of Ethics Handbook.

 

In the City Employee Handbook under 701.02, there is no outlet to make a complaint while protecting the anonymity of city employees. However, Smith says anonymous complaints are "always accepted," despite the lack of documentation of the process.

 

"Anonymous complaints are always accepted and reviewed for validity, as any submitted documents to the city are, but are often difficult to validate by their sheer nature," wrote Smith.

 

Island Matters was unable to validate whether the City investigates anonymous complaints.

Lighthouse anonymous reporting flyer PDF.

Lighthouse Services (LS)

 

Under the previous Mayor and Council, the City contracted with Lighthouse Services as an independent third-party ethics hotline provider. The company prides itself on its services to respond to issues regarding:

 

  • Safety and Security
  • Harassment and Discrimination
  • Theft and Fraud
  • Code of Conduct and Compliance

After a complaint was received, Lighthouse reported the findings and supporting documents to City Manager Randy Smith and Director of Operations Wendi Delgado. After the Lighthouse contract was terminated, there is no place for anonymous whistleblowing for the SPI staff.

 

Looking forward

 

Delgado reported that the City is working on a new digital employee handbook platform that will include an updated policy. In the policy, how to file an anonymous complaint regarding suspicions of noncompliance with law or policy or unethical behavior related to City employees will exist.

 

Soto left a similar future pathway for citizens and taxpayers up to the Ethics committee to develop.  The Ethics Board scheduled a meeting on Dec.5 but has yet to meet. The board last met on Sep. 27, 2022.

 
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Island Matters | P.O. Box 2778 | South Padre Island, TX 78597