-- fiequhed . . City of San An mun om" "mm Sworn Complaint of Ethics Violations WY Please Ii!) this Rum oul uniine and Print bu|Lon provided. This must be norari hcfora ix subnlitlad. Fm use nnhis form, see sgnmu 2 g. Any person, Infludnng Ethics aevyew Scan! 14: us staff acting: pemmny ur an behalf or the Board, who believes that there has been a anrw mics laws myme a sworn compmm mm the {Jrffim 'ZipCode: 7,6193/_ number use ms Add lzultvm in add as many VUVIS as needed. Use We Deleon huflon Ia Iemove 3 law. .nE?oIz1:sworn Can\a\aInt nr Ewes vmauans aw zoos-2 ox/12/U9 Page 1 or: Required See attached addendum/amendment to submitted with form "master complaint" and associated documents. See attached addendum/amendment to submitted with form "master complaint" and associated documents. See attached addendum/amendment to submitted with form "master complaint" and associated documents. When completed, use the Print button to print the form. The form must be notarIzed before it is submitted. All relevant documentation should be included when submitting the form. GR.l000-24.LEGALREPORTSworn Complaint of Ethics Violations Rev,2009~2 01/12/09 Page 2 of 3 I swear or affirm that the statements contained in this HSwom Complaint of Ethics Violations" form, including any accompanying documentation, to the best of my knowledge and belief are true I correct and complete. I also understand that a complaint filed in good faith is qualifiedly privileged. A person who knowingly makes a false statement in a complaint, or in proceedings before the Ethics Review is subject to criminal prosecution for perjury or civil liability for the tort of abuse of process. my hand and with all relevant Return the printed and notarized form, Office of the San I rru~n"::l."fir,n to: Clerk Mailing Address: P.O. Box 839966 Texas 78283-3966 Address: Hall i 00 Military Plaza, Floor San Antonio, Texas 78205 GR. 1000-24. LEGALREPORT.5worn Complaint of Ethics Violations Rev.2009-2 01/12/09 Page 3 of 3 1 "Veritas Lux Mea", In Honor of the 5 irit of Cato the Younger Wednesday} October 2012 Board (ERB) Downey, Chairman To Whom It Concern: ?llY!J!i!$l~~!.!!![, am to file an addendum with Ethics Review Board filed the Office of the Clerk on The following which I will list I am alleging violated the ethics code by each data field element of the Official Ethics Form: E U1 11 1 e facts on which the time in which the mplaint is based, including the occurred: I would like to include the following statement/addendum/amendment added to my complaint/ [ ----- THICAI-lC. as new information becomes available or ---- this for consideration by the ERB. _"",",,,,"=-~,~~~~';:"lw!--~=-'--'::;;=!~~":'''=4-~:;'~~__ ' in the San Antonio indicate that David Zachry of Construction has made a public statement in which Mr. Zachry asserts that he didn't know that Mr. DiGiovanni was on the evaluation scoring committee until his interview team walked into the interview meeting room to conduct their presentation for their interview phase for this contract. If so, what occurred next is even more alarming, then previous thought or known, Immediately upon recognizing the presence of each other, which is a blatant conflict of both Mr. Zachry and Mr. DiGiovanni had an ethical duty to procurement/contract process to raise this issue of the appearance of impropriety to all parties present in the interview meeting. By not doing so in, my personal opinion, it demonstrated a willful engagement in which essentially can be 1 defined as The prudent action for either gentlemen, in this situation, to perform would have been to assert/call/demand for the immediate suspension of the interview process temporarily, until at such time, an inquiry could be to, and performed by, the. City Attorney's Office that would provide on how to deal with the dilemma that was just by each other at any moment in the meeting. This should have been the actions of both gentlemen if they were acting in a responsible and prudent fashion. Although, neither according to published took any during the interview meeting, to correct this blatant appearance of conflict of interest which would have been and is to a reasonable . Instead either out of convenience or len both remained silent on matter choosin to move 12 process and the ethical breach that just occurred in to secure their own selfinterest or out of for their responsibilities to the process. This violation of the public trust not only damaged the process but violated the efforts of the competing firms, the other city procurement staff dedicated to ensuring fairness in the process, and erodes the integrity of the contract process like a wave of water washing over a sand sculpture. This may sound like an exaggeration to someone unfamiliar with the public sector contract process. Although, this breach of trust strikes a swift bl.ow to the intent of the pubHc sector contracting process because the aim of the ethical parameters surrounding the process is to prevent corruption or the appearance of corruption in public sector contracts. I advise many people new to the public sector contract that many of the actiVities/protocols associated with the public sector process only/primarily exist to serve the function to provide transparency, and accountability to the public. To put in sector contract and exist to make sure at a City contract based on merit of the supply. Without this need for transparency the public sector contracting/procurement process would move of the activities and work involved would be much more swiftly. and unnecessary. With in our form of by law/custom/policy/ethical standards we have made a conscious decision/tradeoff to delay obtaining a much needed service/good to perform/carry out an essential function within any government agency in order to the public/business community the assurances that public sector procurement professionals as of the government, seek only the best provided by best qualified company/vendor offering the best value for the tax revenue exchanged for those with or goods/services. Again in lay term, if weren't the appearance of corruption the whole process would be much easier, quicker, and would move much faster. Yet we are concerned with the and more importantly the appearance of corruption aggravates l offends, and traumatizes the each hard working person places in the forfeiture/exchange of their income translated into tax revenue, for use to carry out essential services and functions in a government. Once more in no one enjoys, but everyone accepts, that must pay /forfeit a portion of their income with is translated into tax revenue for essential government services, but in exchange for this forfeiture each person seeks/demands certain assurances in a democratic SOCiety, by those invested with their to conduct their actions in manners consistent with upon/lUldertaken reinforced the nature of nft,~i"'ijft" and standing in which they or been sought out to This notion or idea is exemplified in the rrll"lrc.H'\t' known as ... f - TRUST It should be noted that when person or individual goes to and the name or search term \\David into Goolge.com the first search see attachment/exhibit indicates that David is president of Z Construction. No other search terms are necessary are necessary to learn this information. 13 1 According to the ="'-!=...::;:.,..;~!-"-'-'-~~~=~~-!.==~ attachment/exhibit HBG 005, Mr. the board of Directors. He holds the eXiolt1edj Qct"Qan"l<;:l,;; Chairman on the Centro Partnership Board of Directors. nl"t::IC~TI'" According to public records Centro San Antonio Management Corporation, known as Centro Partnership, fifes a 2010 Form 990 Tax Form, see attachment/exhibit HaG which indicates that it is classified as SOl(C)(4) orgainization. Although note a discrepancy which indicates that on other documents Centro is listed as 501 c(6). According to a leading source of information for non-profit organizations the role of a board of is the following: "Nonprofit baord members have two basic rpc,:nnnC;j1nllrpC; Each requiring differnet skills and tC>",rH::.lr,?-,c"c> mernbers raise money, bring contracts to the orgalnzation,. and act as an ambassador to the community. Equally important, the "governance" involves protection of the public being fiduaricy, the executive director and compfaince with and tax Please note article nine (9), of the Certificate of Formation for shown in figure 1, attached as attachment/exhibit HBG 011, indicates that Mr. Zachry should have aware of Mr. role. The board, to include MR. would have been a draft of any documents to hire Mr. DiGiovanni. In addition any City on the board would have been provided a copy too and, they[Other city would have known about the conflict of interest. So even if DiGiovanni didn't know about Mr. Zachry knew about DiGiovanni. This is proven by the last few sentences in article nine. In laymen terms, the board bylaws or rules seem to that the board can't take any action without informing ali members in some form or fashion about impending action or action it sought to take. In other every board member had to know what was going it looks like. Please see figure 1& 2# 1. ARTIC.LE NINE Direetors, :ot)mmitlet member}. committee rneln~'r} tro)' action DirlXoton \llwnimioUls written CO'.tlllcnt shan be, woo did not oousent in 14 1 2. ARTIClJl~ SIX Box 839966 wow. Neloon W. Wolff 100 ,!J'U,Ir.,.,'J.U~td.. Suiw " ' .. ,,, .. uu. 'llA{JT Te'lCSti 78205 D()(}{ 1. Standard Instructions to .'\."-~'u,'-', 2. Code of Conduct Statements rd Instructions a'couple of weeks now I have been trying to access CIMS', document on the ClMS website. Either conveniently or neglectfully this link is Although, I retain an old version of the Standard to Respondents form, attachment/exhibit from sometime around 2009, which is very unlikely to altered much from its form. See the following items within form followed my in red/bold on each item listed: 15 1 1. STANDARD TERMS AND CONDITIONS 1.2 Ke!SOCmo;enrs are required to submit their offers upon the following conditions: (a) Respondents shall thoroughly examine the drawings, schedule(s}, instructions and all other contract documents. 1. No comment ov,...... QCC't:lri C'n~:lrlt'If"::.'I"I('\r',.::: necej$s?~ry (b) shall make all necessary to thoroughly inform themselves the Plans and regarding the conditions at the any to the Specifications and/or Plans issued. No of by the Respondent of conditions that exist or that may hereafter exist as a result of failure or omission on the of the to make the necessary examinations and investigations, or to fulfill in every detail the requirements of the contract documents, will be as a basis for varying the of the or the to the vendor. lV 2~ DISCREPANCIES AND INTERPRETATION (a) Prospective shall notify Consultant and City in writing at least fjve calendar prior to scheduled Offer Opening date if and ambiguities or """..,.. C'C'iA ..'C' are found in the Project Plans and/or or if further information or interpretation is desired. 3. (b) Answers by Consultant and/or City will be given in writing to all prospective in will of such Addendum form. AI! provisions and or modify affected portions of the Project Plans and/or Specifications. All be incorporated in and bound with the Contract Documents. inArCt;H"lt;\ ::::If"1f'10rlf"1::::' will 16 1 5. REJECTION OF OfFERS (a) The City may an offer if: 1. The Respondent misstates or conceals any material fact in the offer; or 5. 2. The 9. does not strictly conform to law or the requirements of the OF RESPONDENT~ or its may make such necessary to determine the and of Respondent to perform the Work. Respondent shalt furnish to the City reasonable information and data. for this purpose as the City may reasonably any offer if the evidence submitted by, or The reserves the right to of, such fails to satisfy the City that such 1{f!l(~n(1n(1lf:1nr is responsible to carry out the obligations of the Contract the \Nork therein. 1. No comment necessarv_ Self-evident. 10. AWARD OF January 11 Chapter 176 of the Texas Local requires that persons, or their who seek to contract for the of or services with the shall file a conflict of interest with the Clerk not later than 7th business after the date that the person: (1) contract discussions or with submits to the City an response to a bids, or another writing related to a with the City. The conflict of interest questionnaire is available from the Texas Ethics Commission at conflict of interest questionnaires may be mailed to P.O. Box San AntoniO, TX 78283-3966 or delivered hand to the Office of Hall, 2nd 100 Military San Antonio, TX 78205. Please consult your own "".-I,,,,",,,, .. if OU have re ardin the or form. (:;f'f'",,,"'i-i\JO 17 1 8. No comment nece~;si~ry Self-evident. 12. RESTRICTION ON COMMUNICATION Respondents are prohibited from communicating with officials regarding this solicitation with the following eX(:eDLlDrlS staff and (a) Questions or other communication at the pre-submittal conference are allowed. (b) Written and comments concerning this solicitation shall sent to the consultant address for plans and on the IFB or and a copy to the City's Plans and Records at 114 W. Commerce St. 9th Floor Municipal Building/ San TX These mu.st be received no than one week prior to submittal date. Answers Consultant and/or City will be in writing to all prclspiectlVe Ke~S[)[>rHJlenIS in Addendum form. All provisions and requirements of such addenda will or modify portions of the Project Plans and/or All will be incorporated In and bound with the Contract Documents. No other or will be considered official or binding upon the City. No other explanation or interpretation will be considered official or binding upon the City. All addenda will be posted on the City's website with this solicitation. It is respondent's responsibility to obtain addenda. Violation of this proviSion by may lead to disqualification of their offer from 9. No comment nelce:suaiJa 18 1 Either other City staffs were complicit with this ethical violation or were possibly operating/acting under undue influence inadvertently or directly from Mr. DiGiovanni. organizational chart of the ~~~~;="~,J"~'~"""=~""""""''''"w''''''''''''''',''''~=~''''',f""'""",,,,~~:t:'~~= 3. .3 ~=~="~~~:..<. below in CI rgan re '" m'if" h PuHIlr: " "'ft M ['ISll '\11 I.Jra~on,rot1 by Mike Source: P. E. w '" ~~ Workshop Services Mi When City in form of Mike Frisbie, Director of the spoke before City Hall 09-20-2012 it was by the that he too served on the evaluation ("a.) committee, which over time has become standard practice and policy within the City. G~n the gravity of a high profile contracts the City sought to ensure that Department Directotsi perform an integral role in ensuring the proper selection and execution of the procurement process when it directly impacted such a large portion of their budget and public reputation within the community. note that a news KSAT News detailing the outcome of the ERB meeting shows Mr. Frisbie in attendance, and next to Mr. DiGiovanni, at Mr. DiGiovanni's hearing. Mr. Frisbie was privy to made against Mr, DiGiovanni and it is my personal opinion that he also aware and duty, in the form of Administrative Directives and other all the information I have provided in this document concerning any/all contract furnished/used CIMS in contracts solicited/awarded/executed by CIMS. In laymen terms, the guy is sitting right next to 19 1 DiGiovanni and to my knowledge, in my personal opinion, didn't tell details, such as the information that I am providing the ERB in my complaint. Said another way, "Why didn't Mr. any member of especially any member that in this contract, inform the ERB about what I am informing the about in my complaint?" It is likely that Mr. Frisbe has participated in many-many proposal scoring meetings in his career, and maybe even more importantly, it is a that he has participated in multiple High Profile scoring meetings for the throughout his career with the City of San Antonio in his current position. Based on his familiarity and duty in the process I don't understand why he/eIMS staff have not publicly brought up many of the concerns that I have raised or that have been pointed out by the media unless he/they are either complicit with the alleged ethical violation(s) or are operating under undue influence. In addition, in order to participate tn the contract both him and Mr, DiGiovanni, just to be able to look at the documents, were required to sign what is known as Code of Conduct which is a standard document used in the review of proposals during the contract award process. A Code of Conduct statement is please see attachment/exhibit HGB 008. Please note just a there are many, provision of standard language incorporated into this document: Part I I have also been briefed on the ethics and conflict of interest rules under the City's adopted Ethics Code, as described below, and as attached. I understand that} while I may not be prohibited by the City Charter or Code of Ethics from participating in a particular contract, I may not be eligible to serve on an evaluation team, if to do so would further an appearance of impropriety. Part III I hereby certify that I: .. have no personal bias l and will $I o ~~~~~llll1:1 either in favor off or against any will avoid any or improper conduct in relation to this procurement process; and will avoid situations which would further an appearance of impropriety or v ........f~ ... that I was influenced by prejudice, bia.s, special or personal benefit. ;;;J .. Part V I understand that it is my responsibility to promptly notify my supervisor and the managing department's representative of any financial, personal, or other interest or relationship I may have with any respondent and any employee, officer, or of any respondent to this for Proposal/Qualifications, and to: $ o recuse myself from this process and, from the time that any conflict is recognized, immediately refrain from further participation, to Include discussions wIth any persons likely to a possible contract award to of the respondents; and promptly file with the City Clerk the appropriate form for disclosing the nature and extent of the prohibited conduct. 1 This for Ms. 5ittre too and for Ms. Sittre because of her function in the CIMS organization. Ms. Sittre is in of the Contracts Division or the division directly responsible, within CIMS, for all contracts that CIMS undertakes. She herself, to my knowledge, has served in many professional contracting capacities within the City. To my knowledge has as a contract administrator, prior to performing her current position, for many years. I may be wrong, so this needs to be double but I am under the impressions she also served as a Contract Coordinator too which is a position which one lower than a Contract Administrator. In my personal opinion, she herself would/might probably admit, if being candid, that she knows the contract process and documents thoroughly out of and as her duty as outlined in her job description and EPDP, In said another way she knows contract nlrS'U'''lilrarn81iU'l1l'' process backwards and forwards. Either one of two things is occurring that I based on their silence or unwillingness to come forward with this same posses. Either are complicit in this violations that may have occurred or they are operating under undue influence. This goes for any staff that possess this knowledge. which is it? Mr. Frisbie said publicly that, "I i and if he he wouldn't ht Mr. Frisbe also we didn't have any concern about that as we put the . So with is it, complicity or undue influence? Is Pat a man of High integrity or is Mr. DiGiovanni directly or inadvertently exercise undue influence or is Mr. Frisbie, complicit with this violation. I am confused. This clarification in the form of a public statement by Mr. Frisbe directed to the ERB. More importantly any CIMS contract person "\tho come forvvard vvith this must be formally asked and to the following \\Why did you make the ERB aware of "XU violation(s) that your dutles you were to have occurred?", The answer may be obvious, but it still deserves a formal answer each involved so as to give them rI""',""""T'.>1 t'?lCI'''..... nt'1 to this criticism and answer for their lack of candor in this matter before the and ERB. Ms. In addition, this also me to the point of City Attorney Michael Bernard, ,PF:>""tlI"lfl which is attachment/exhibit which clearly says that he is responsible for all maters. in my opinion, either Mr. the city attorney assigned to ClMS, or more likely both, on their silence on this makes them complicit/culpable by omission with DiGiovanni's vIolation or under undue influence. It is my opinion that they to the interest of the supervisor versus the interest of the residents of the of San Antonio there failing a critical, albeit implicit, responsibility in the execution of their function within the City. 111 1 Please in my OpiniOn, Professional Conduct among see attachment/exhibit3 o following Rules that Govern the Texas State of should be examined, 6. Having accepted employment, a lawyer should act with competence, commitment and dedication to the interest of the client and with zeal in advocacy upon the client's behalf. A lawyer should feel a moral or professional obligation to pursue a matter on behalf of a client with reasonable diligence and promptness opposition, obstruction or personal inconvenience to the lawyer. A lawyer's workload should be controlled sa that each matter can be handled with diligence and competence. As provided in paragraph (a), an incompetent lawyer is subject to discipline. 7. Perhaps no is more widely resented than nl"'r'I"'I"'::lCrllf'l A client's interests often can be adversely by the of time or change of conditions; in extreme as when a lawyer overlooks a statute of limitations, the client's legal position may be . Under paragraph (b), a lawyer is to a particular matter as well as for failures to carry out the obligations owed to one or more clients. A lawyer who acts in faith is not to discipline, under those provisions for an isolated inadvertent or unskilled act or omission, tactical error, or error of judgment. Because can cause a client needless anxiety and undermine confidence in there is a duty to communicate with see Rule 1.03. SIlEUR~r k 'i 'I '. . 11 1 S'i ellllBV . k ...1111 CPC's Certificate of Incorporation, as seen in provided as attachment indicate that Ms. Sculley was a director of incorporation at itts creation. ~~~~I Every voting member of the committee gets score sheets. If they changed their score would cross out and initial any Sometimes scores alternate between initial scoring and interviewing scoring. To be clear there are two opportunities for evaluation team/committee members to score firms. (1) Initial scoring of proposals (2) Interviews for short listed firms. At the tend of 1!it opportunity each team member must submit their scores to elMS contract staff who will record their scores and save that document. (2) Then in the opportunity during the short listed phase the team members wiii be either given anew score to write on or be provided their old score sheet to amend their original score. I seek to address a few concerns that I have surrounding statements and claims made in the media surrounding Mr. DiG!Qvanni involvement in this contract. 1 placed as a sign a of any impropriety by Mr. he scored Zachry the lowest compared to all committee DiGiovanni by the My personal opinion and concern is that Mr. DiGiovvani's score is the biggest red flag to me of concern that inquiry. If Mr. DiGiovanni score is unbalanced, by what I have been told by media reports, compared to what other rated Zachry-Hunt, JV, which itself is ok in theory. Although, Mr. DiGiovanni must be able to justify why he rated the Zachry-Hunt, JV so low jf everyone else on deserving of such high merit! the panel found merit in their In my personal opinion a of Mr. DiGiovanni influence over the finals score isn't his score at all. In my OpiniOn, can be any evaluator on any: committee, in a way to still advocate for Zachry/any firm and score them low at the same time. It is Mr. participation in during the meetings test that should be examined by ERS. Let me explain, the proposal team members which I will refer to as (ETM)s in a meeting to their scores and to justify their scores to each other, ETMs should, in theory/duty base their on the merits of each In an ETM each member has or should have a chance to talk about their score and why vote way do. discuss what like and like about each firm. There are many ways to this but a common way is through a round robin discussion or an open If any ETM has a to either a low or high score that seems unwarranted by the group or an individual member it is the duty of the to in and ask ETM to explain their logic to the rest of the In Mr. DiGiovanni case or any case they don't have to score nor can else be compelled to their score based on it it doesn't even have to make sense to anyone else in rnan!'\.! process he can vote however he wants to the group. principle. A'ithough, with this is where this of tactic can real tricky real fast. See the real is how much did DiGiovanni or anyone else on the participate in any oral discussion during the scoring firms that LOST? Does the ERB see where I am goin% the discussion of the with this? What I am or wondering out loud was he the primary indiviooel or one of the primary individuals in room pointing out the fiaws in the competition or the other firm's proposals or interview presentation?(!) That is thtn real question. See Mr. DiGiovanni could have voted Iowan Zachry-Hunt, JV for the" final score, but still be a strong advocate for Zachry-Hunt being awarded the contract by strongly critiquing Zachry-Hunt's competition very heavily by exaggerating the flaws in the competition by reiteration of the flaws from someone else comments though a of and undermining comments in Zachry-Hunt, JV . In order to know this would the ERS to interview the other or review any audio recordings from the In my committee personal opinion, If this tactic was employed by any member it would kill birds with one stone. In my opinion, if you would your pOint across "''''<:10''",,,,,,,,= in the room without held for the overall high score. This a concern that should be the ERB to scrutinize and justify why Mr. DiGiovanni thought JV was so bad when everyone else on the panel thought or of merit. it is my personal opinion that the amounts of notes that he or anyone else on their fO osals of their ro conclusion or outcome. See throughout the paints are raised and negative. They to be tracked and a facilitator (Contract coordinator/contract administrator, Staff) in order to defend against a bid protest would need to make/retain note comments by everyone in order to justify the award in case there is a bid protest from a rival firm or in case that firm was curious what made the winning firm the best, Sometimes those are taken directly from proposals themselves. In addition, it should be noted that scores are manipulated for convenience by elMS. I cannot say it that it occurs with each contract, but 1 have witnessed it. 1 have been in scoring meeting(s) where the scores were too close. So the city scoring meeting moderator/facilitator (1. E. contract coordinator or contract administrator) will instruct staff in the scoring proposals firm ranked #1 and #2 have scores that are too The will explicit say we need to the scores and someone on a panel ( on a voluntary in the room to their scores so that the between scores is enough as to not leave doubt who is the clear winner for council. Now I want to be very clear about this, this isn't to say in cases where I have witnessed that happens , the firm ranked #1 didn't win the contract on merit did! Although, ClMS between and instructed committees to make the gap at least so as to present a clear winner to council to avoid any scrutiny make award basically a consent item for with little need to .... ,v'"'W,;>'" the item at council. 2. The Code of Ethics states the following (1) A former official or employee shall not for cOlmoenlsatlon person, group, or private other than himself or herself, or his or her <:)W\"Ui:lI'''' or minor children, before the for a of two (2) years after ter!mlrlatlon his or her duties. Ii The city's code does not qualify or define what is meant by private entity. The code does not make the distinction of private entity as being whole or in CPC is part pubilc and part private. Therefore, since the ethics code does not! qualify this meaning the meaning of private is open to the widest pos;slble interpretation and encompasses in whole or in part and is not restricted to the strictest possible interpretation of private entity. This why the ERB/City's ethics code needs a definitions list This is bastc rules of governance. Former city officials and employees are also limited in the subsequent representation of private interests before the City after city service. Specifically, a former official or employee cannot represent for compensation any person, group, or entity other than himself, or his family before the for two years from the date of his termination of employment. .. leaves term and thus renders Centro status public~PRIVATE this status of private interest. If Mr. DiGiovanni can't do how can he to fulfill any or most of his job duties wlth CPC since his primary intergovernmental interaction will be with the City. CPC is a downtown project and not a Southside, Northside, or E.ast side based project agency. Should I reserve this issue for when he officially leaves the City and file a set::,arate complaint at that date when officially starts employment with Centro? Of Centro Please note article four of Article of Incorporation, see attachment CF,,:.r.rrr:;;O.'H indicate that CPC is a 50 1( -c- )(fi). This type orgainization is commercially organiz.ations for the following: Trade associations and professional associations are considered business These typically promote better business methods, establish and maintain integrity within an industry and/or a trade publication to benefit an entire industry. Just like with 501(c)(4), some 501(c)(6) have activities that are similar to 501(c)(3), such as 1'7;::)lrlt'U'"lC 1.501(c)(6)-1 defines a league as an association of persons having a common business interest, whose purpose is to promote the common business interest and not to engage in a business of a kind directed to the Improvement of conditions of one or more lines of business rather than the performance of services for persons .. , The characteristics above a of any IRe issues under IRC 501(c)(6). However, 501(c)(6) case should not be limited to one characteristic. The characteristics are interrelated and an organization that fai!s to meet one characteristic will probably fail least one of the characteristics. Nevertheless, it is important to analyze IRC 501(c)(6) cases step~by-step an organization must possess all the above characteristics to qualify under IRC 501(c)(6). For purposes of IRC 501(c)(6), the term "business" is broadly. As the Tax Court has stated when interpreting the meaning of under the of IRC 501(c)(6), "the term 'business' is very and everything about which a person can " Associated Industries of v. Commissioner, 7 T.C. 1465 (1946), aCQ. 1947-1 C.B. L rnnc-rrl IClrl.:::lCi:'H 1 Private ~ .... t?if'u Undefined The City's ethics code does not define what is meant by the term private entity. Since it is undefined by the city ethics code this the door open to the widest possible interpertation that would encompass it's scope by a reasonable person, In addition, a federal definition of private entity is currently in use by the federal government as a I " n nhich th f r ntrol, overnm n a attachment/exhibit :bY!!~~~ and link below). ~::::""':::;'~--'-'-'~~~C~~~f in my personal opinion:!. could set up in ever construed to be a public service is in a tn(:KIE~oown economics philosophy and does not qualify as a sector agency in the strictest sense and therefore is a quasi publicPRIVATE Since it leans more toward then public it is therefore rendered serving a by the "reasonable nr..> ....c?,........, standard too of 1 ~ DiGiovafln:i c!airils to not o seen or been aware of a !ink between David construction This is hard to many reasons, This Is hard to believe by the nature of the board of directors, Board members are sought and selected because of their prominence in a field or in the community. A board members is chosen for either the fundraising potential (IE connections), or their status as a leader in their field, The boards purpose is to promote development (IE Construction/Development) in the downtown region. So ~ dictates that Mr. Zachry, presence on the board, meantthat he has influence in the development industry in the downtown region. Centro is a development non-profit and sodal services based organization. Where did Mr. DIGiovanni Mr. influence or connections came from? Anyone who ever had any involvement with a board the intent or purpose of aboard and to this obvious by any executive or public is intellectually dishonest and ...."" ..." ... ",., 1 Describe. thenatllre of the aneged violation, including if possible, the rule or rules aile edl violated: $ $< See attachment in excel format titled, "Describe the nature of the alleged violation, including if possible, the rule or rules allegedly violated", See all other sections of this document and master complaint. Describe all documellts or other materials.that are reieyant to the aile atian: \!I o Acts committed in performing these acts by City mentioned in the news stories and the city failure to these criminal acts. (HBG 004) David - Google Search o (HBG 005) Centro Partnership Board of Directors o 006) Centro San Antonio 2010 Tax Form 007) 040 Instructions to Rel:;OClndenlts 008) Code of Conduct Document o (HBG 009) - City of San Antonio Specification Bulletin (HBG 010) TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCTs o (HBG all) Certificate of Formation - Centro Partnership o (HBG 012) Articles of Incorporation ~ Centro San Antonio Management (San Antonio o o 1 @ @ .. @ .. Code of statements for all contract/solicitation participants/city staff on this contract.. By custom anybody who looks at the proposals or touches them should sign a code of conduct statement, Any/All applicable City administrative directives acknowledged/signed by or any persons named in this complaint. by Any/All SOPs or formal protocols contained within ClMS or the City outlining/detailing/describing/explaining proper contracting solicitations standard operating procedures or of conduct. All contract documents stored by ClMS or Contract. Typically this is found in ClMS's located elsewhere within the City now. City related to the Henry B. nu",,,,,,,??;. but it may be L J D o. Any/All emails between David Zachry and the following indivjduals for any time period: o City Council (Past and Present: From Centro Founding to Present) Sheryl Sculley Pat DiGiovanni Mike Frisbie Debbie Sittre Please note that Mr. DiGiovanni claims that he didn't know of Mr. emails every role/connection to the Zachry Construction Company then received from David Zachry should have sent to Mr. DiGiovanni or anyone else in the City should have come from a non-Zachry construction account. In even If they didn't come from a account then no emails should reflect any connection to Construction ever any city executive that has made public comments on this contract otherwise those individuals has an ethical duty to come forward. If even one email does between Mr. DiGiovanni f Ms. Mayor, or ClMS executive then someone has lied through omission. 411 @ o Sittre - (Any/All of this City EPDPs, Job code of conduct documents that would indicate/demonstrate the number/frequency of evaluation scoring meeting that they have participated in or oversaw during their career with the City, etc ... ) This inforrnation would include any/all outlook or other meeting calendars schedules that would indicate active/passive attendance by said individual in a scoring meeting for any contracts Mike frisbie - (Any/All of this persons City EPDPs, Job Descriptions l signed code of conduct documents that would indicate/demonstrate the number/frequency of evaluation scoring meeting that they have participated in or oversaw during their career with the City, etc ... ) This information would include any/all outlook or other calendars schedules would indicate n:::!c:c::n,IA attendance said individual in a meeting for any contracts. Other elMS Whom PartICipated Henry B. Gonzales Expansion Contract in Question - (Any/ All of this persons City EPDPs, Job Descriptions, signed code of conduct that would the of evaluation that they have in or oversaw during their career with the City, etc ... ) This information would include any/all outlook or other meeting calendars schedules that would indicate active/ assive b said individual in a scorin meetin for an contracts 1 Person or Persons III who Alle~edlCommittedtheViolati6n s: See attachment in excel format titled, "Describe the nature of the alleged violation, including if possible, the rule or rules allegedly violated" as found in the excel nI"O:::lrtc~nOj:::lt' (Addendum #1) note that some individuals listed I have recused myself from completing the citing of the ethical violation for certain individuals. I have aec:IaE:!U to recuse myself in order to give/provide the ERB an opportunity to set a precedent in exercising its independently authority by members or regarding these matters. Please note that if the ERB does not find it necessary to cite a complaint against the individuals that I have then shall notlfy me prior to make a final determination on these matters the and provide me the right to automatically convert the individuals complaints that I have recused myself from to recover/convert the recuse into a formal allegation those individuals. -My reservation of this right does not mean that I will exercise it, but I do make claim to it. Therefore l the ERB must notify me of any intent or lack intent to pursue any violations on these individuals on the information or discovered by the ERB in the course of its inquiry/tribunal process before finalize any outcome on these matters. This complaint is a test the of the values of the and the ERB, The only way the ERB may fail is out of neglect. It is the ERB's test of f!delity to fail r butnate it is the Residents of the City Of San Antonio and more importantly the morale of the community the of San Antonio that will endure any as a consequence neC]le(:r or from a lack of due dl by the City/ERB. filing this complaint, but this would be a The may think I am one miscalculation of the ERB or the There are many hidden, siient, and iong~gone voices that are echoing in the comments, ideas, and words that I am expressing in this complaint. word emphasized or set part, from the body of the text, in this document was spoken by countless people before me. These words have been defined/sharpened, like a knife, over time, again-again against the souls and foundations of many societies testing the of their own beliefs through tests of Fidelity designed to out the of their society/community, like a sculptor, chiseling a block marble/stone, seekin reveal an symbolic of truth embodied a community lies beneath layers 0 the might. of such as 1 a reason societies/communities set their eternal truths or their values that its community/society in stone. nor any other medium, has to match nOlrrYI.:::tn~::.r~r'o or symbolic nature that stone to all those around it at a level by a child. Words/images in stone are symbols, that are by all that witness them, at a very primal level who know that, anything set roe-.",'I"'" the earth elements and are carved through force of will and can only be from the place set through or force exhausted used to obtain the set in stone that will take many men/individuals to do so. Never has such a medium such a primal idea of permanence as placing words in stone. The first in The second is the of those words in stone is to set them to practice. ,',,,'nn,r.,,,,= F?;;,,-,nrHI<.il.n Although, note that it is widely and by me too that the ERB is a paper tiger, and that for all practical purposes is impotent. This complaint will prove that. I do not fault the ERB since the members were either sought or for their willingness to accommodate City's interest brought before the board. The ERB unwillingness to launch unilateral action on matters brought to the attention to the n .... public in the media regarding affairs and items brought before the ERB concludes to be valid violations of the ethics is the of this assertion. 'lL>F:;;>, KSAT NEWS On 10-09-20121 Myra Arthur, Reporter, Anchor reported an undisclosed board member saying publicly that the purpose of the board is "not to be punitive, but to educate what City.standards should be". If this is the position of the ERB as a body then justify any use/inclusion of any punitive measures outlined in the City code that are punitive in nature? This may suggest it's a rhetorical question or concern. Although, If the ERB/s purpose is not to punishment when a violation is why/how does the ERB/City justify the inclusion of the sanctions into the Ethics Code if not to use the sanctions only when it is The only proper application equitable use of the sanctions would be the use indiscriminately of sanctions violators the code of of the violation or station/position of the violator within the At't'1:::tr1,t'7::;;If'