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CITY
OF
DALLAS R ~ E i V E D
ETHICS ADVISORY COMMISSI0f1015 EB I 0
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CITY
OF
DALLAS COMPLAINT FORM
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LLA
S.
TEXAS
For Official Use Onlv
Please type or print legibly in blue or black ink.
NOTE: FILING A COMPLAINT THAT FALSELY ACCUSES SOMEONE OF A
VIOLATION
OF
THE ETHICS
CODE
MAY RESULT
IN
CRIMINAL
PROSECUTION
OF
ANYONE WHO KNOWINGLY MAKES A FALSE
ACCUSATION.
PART A COMPLAINANT INFORMATION
1. Your full name (print) (Identifies you as the Complainant)
James Francis Parker, Ill
Your residence address (Street, City, State and Zip Code) County
6808 Dalhart Lane, Dallas, Texas 75214
Dallas
Your business address (Street, City, State and Zip Code) County
1700 Pacific Ave., Suite 1870, Dallas, Texas 75201 Dallas
Business phone
Residence phone Email address (Optional)
214-442-0802 469-544-8450
PART B --COMPLAINANT DECLARATION
I DECLARE I HAVE A COMPLAINT AGAINST:
2. Full Name of person against whom you are bringing the allegation:
Sam Merten
Check One
Elected Official
Office Held
Appointed Official
Board r Commission/ Title
X Candidate Office Sought
X City Employee
Title/Department
OFFICE OF THE
CITY
SECRETARY
Page 1of
Fill
in Appropriate lnfonnation
Council District 9
Mayor's office
DALLAS, TEXAS
02-27-14
8/9/2019 Merten Ethics Complaint
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Residence address (Street, City, State and Zip Code)
County
1121
Beachview, Apt 7202, Dallas, TX 75218
Business address (Street, City, State and Zip Code)
County
Unknown
PART C DESCRIPTION OF COMPLAINT
Provide a statement of the facts upon which your complaint
is
based. Describe
the events in the order in which they occurred. Keep dates of events in
sequence. Include full names, addresses and phone numbers
of
all individuals
involved, including any witnesses present when alleged violations took place. Be
factual; the information you provide in this statement must be based on facts and
not
on
personal conjecture. Try to answer the questions ''who , what , ''where ,
and ''when . Attach extra sheets if more space
is
needed.
On May 28. 2014. Mike Rawlings made a $10,000.00 payment from his
campaign funds to Sam Merten for consulting. Relevant sections of CFR
attached as Exhibit A At the time the payment was made. Sam Merten was a
Citv
of
Dallas employee working in the office of the mayor. At the time the
payment was made. Sam Merten was also a Communitv Development
Commissioner for the Citv
of
Dallas.
PART D CODE VIOLATIONS
List the sections and paragraphs of the Code of Ethics' provisions you believe
have been violated:
12A-5
12A-1 O c) 1)
12A-10(g)
Charter Chapter XVI, 16
P RTE
SOURCES OF EVIDENCE
Identify sources of evidence, if any, that you believe should be considered by the
Ethics Advisory Commission. Submit all information that you have; attach
photocopies of
any pertinent papers or documentation to support your allegation.
Mike Rawlings' July, 2014. Campaign Finance Report (Ex. A)
Statement by Sam Merten acknowledging receipt of funds (Ex. B)
OFFICE OF THE CITY SECRETARY
Page 2
of
DALLAS, TEXAS
02-27-14
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I CERTIFY THAT I HAVE READ THIS COMPLAINT, I FULLY UNDERSTAND
ITS CONTENTS, AND I DECLARE UNDER PENALTY OF PERJURY UNDER
THE LAWS OF THE STATE OF TEXAS THAT
THE
FOREGOING
STATEMENTS AND PHOTOCOPIES OF ATTACHED DOCUMENTS ARE
TRUE AND CORRECT. I UNDERSTAND THAT A COPY OF THIS
COMPLAINT WILL
BE
SENT
TO THE
CHAIR
OF THE
ETHICS ADVISORY
COMMISSION AND
TO THE
INDIVIDUAL CHARGED
IN
THIS COMPLAINT.
ALL PAPERS AND COMMUNICATIONS RELATING
TO
A COMPLAINT MUST
BE TREATED AS CONFIDENTIAL
TO
THE EXTENT ALLOWED BY LAW.
~ J
Before me the undersigned a u t h the tt>r
>
day of m 4 , 2 0
personally a p p e a r e d , e s : :Q. m known to me to
be
the person whose name is subscribed hereto,
and
eing duly swo tated that
he/she has personal knowledge of the facts her
in
.a at such acts are
true and correct.
( ( ' ~ ISEL
L
OPEZ
t ~ : t J
MY
COMMISSION
EXPIRES
Jen
uary9 2
9
Special Note: Section 3.2 of the Ethics Advisory Commission Rules of Procedure states that,
Man amended complaint may only be filed within seven days after the city secretary s receipt of
the original complaint:
Should you have any questions concerning this form, please contact the City Secretary s Office,
at (214) 670-3741 during regular business hours 8:15am- 5:15pm).
Upon completing ALL sections of the complaint form, please hand deliver or send by certified
mail with any attachments to:
Office of the City Secretary
CITY HALL
1500 Marilla Avenue- Suite 50S
Dallas, TX 752 1
OFFICE OF THE CITY SECRETARY
Page 4 of4
DALLAS, TEXAS
02-27-14
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Texas Ethics Commission
P.O.Box
12070
Austin,
Texas
78711-2070
(512) 463-5800 1-800-325-8506
CANDIDATE OFFICEHOLDER
FORM
C OH
CAMPAIGN FINANCE REPORT
Cover Sheet
pg 1
The
C/OH
Instruction Guide explains how to complete
1 ACCOUNT
2. Total Pages Flied:
(Ethics Commission filers)
this form.
22
3. CANDIDATE
MSI
MRS MR
FIRST
Ml
OFFICEHOLDER
Michael
OFFICE USE ONLY
NAME
Date R< Celved
NICKNAME
LAST
SUFFIX
Rawlings
4.
CANDIDATE
AddressiPO BOX; APT SUITE ; CITY;
STATE; ZIP
CODE
OFFICEHOLDER
500
Crescent Court
MAIUNG
Dallas
TX 75201
ADDRESS
Date Hand-dellevered
or
Date Postmarked
0 Change
of
Address
Apt/Suite: 250
5. CANDIDATE
AREA CODE PHONE NUMBER EXTENSION
OFFICEHOLDER
PHONE
( )
Receipt Amount
6. CAMPAIGN
MS MRS MR
FIRST Ml
Date Processed
TREASURER
Brint
NAME
Date Imaged
NICKNAME LAST SUFFIX
Rvan
7. CAMPAIGN
STREET ADDRESS
(NO
PO BOX
PLEASE);
APT
SUITE ;
CITY; STATE;
ZIP CODE
TREASURER
500
Crescent Court
250
Dallas TX 75201
ADDRESS
(Residence or business)
8. CAMPAIGN
AREA CODE
PHONE
NUMBER EXTENSION
TREASURER
(
)
PHONE
9.
REPORT TYPE
July 15
10. PERIOD
1/1/2014
THROUGH
6/30/2014
OVERED
11. ELECTION
ELECTION
DATE
ELECTION
TYPE
NA
12. OFFICE
OFFICE HELD (If any)
3. OFFICE SOUGHT
( if
known)
Mayor
Not Applicable
14.
NOTICE
** Direct campaign expenditures are campaign expenditures made by others without the candidate s prtor consent or approval
OF DIRECT
candidates are required
to
disclose
this
onformation only
If
they
receive notification
of the
direct
campaign expenditure.
**
CAMPAIGN
EXPENDITURE
NAME
BY
OTHER
INDIVIDUALS
ADDRESS PO BOX; APT SUITE ; CITY;
STATE;
ZIP
CODE
D additional pages
GOTO PAGE
2
I=X A
Revtsod 04/21/2010
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Texas Ethics Commission
P.O.Box 12070 Austin, Texas 78711-2070 (512) 463-5800 1-800-325-8506
CANDIDATE
OFFICEHOLDER REPORT:
FORM
C OH
SUPPORT TOTALS
COVER SHEET
P
2
5 C/OH NAME
16 ACCOUNT #(Ethics
COmmission
fliers)
Michael Rawlings
7 NOTICE
This box is for notice of political contributions accepted or political expenditures made
by
political
committees
to s':fcport
FROM
the
candidate/officeholder.
hese expenditures may have been made without the candidate s
r
officeholder s know/e ge
r
consent. Candidates and officeholders are required to report this information
only
if they receive notice of such
PO UTI
CAL
expenditures.* *
COMMITTEE($)
COMMffiEE TYPE
COMMIITEE NAME
COMMIITEE ADDRESS
0 additional pages
D
GENERAL
D
SPECIFIC
COMMIITEE CAMPAIGN TREASURER NAME
COMMIITEE CAMPAIGN
TREASURER
ADDRESS
8 CONTRIBUTION
1. TOTAL POLITICAL CONTRIBUTIONS OF $50
OR
LESS (OTHER THAN
0.00
TOTALS
PLEDGES
LOANS,
OR
GUARANTEES
OF
LOANS), UNLESS ITEMIZED
2. TOTAL POUTICAL CONTRIBUTIONS
0.
00
(OTHER THAN PLEDGES LOANS, OR
GUARANTEES OF
LOANS)
· ·················
EXPENDITURE
3. TOTAL POLITICAL EXPENDITURES OF $50 OR LESS UNLESS ITEMIZED
0.00
TOTALS
4. TOTAL POLITICAL EXPENDITURES
53750.61
.
.
...........
.
..............
CONTRIBUTION
5. TOTAL POUTICAL CONTRIBUTIONS MAINTAINED AS OF THE LAST DAY
54590.78
BALANCE
OF REPORTING PERIOD
..........................
OUTSTANDING
6. TOTAL PRINCIPAL AMOUNT OF
ALL
OUTSTANDING LOANS
AS
OF
THE
0.00
LOAN TOTALS
LAST
DAY OF THE
REPORTING
PERIOD
9 AFFIDAVIT
1 swear, or
affirm
under penalty
of perjury
that
the
accompanying
report
is true and correct and lndudes all
information
required to be reported
by
me under
Title
15, Election code.
***ELECTRONICALLY CERTIFIED***
Signature
of
Candidate or Officeholder
AFFIX NOTARY STAMP/ SEAL ABOVE
Sworn to and subscribed before me ,
by
the said Michael Rawlings
, th is
the
14th
day
of
Jul)
• 20 , to certify which, witness my hand and seal of office.
Signature of
officer
administering
oath
Printed name
of
officer administering oath
Title of officer a d m i n i s ~ ~ g _ A a t h
Revised 08/25/2009
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Texas Ethics Commission P.O. Box 12070
Austin, Texas 78711-2070
(512) 463-5800
1-800-325-8506
POLITICAL EXPENDITURES
SCHEDULE F
EXPENDITURE CATEGORIES FOR BOX S(a)
Advertising Expense Gift/Awards/Memorials Expense
Salaries/Wages/Contract Labor
Loan Repayment/Reimbursement
Accounting/Banking Legal Services
Solicitation/Fundraising Expense
Transportation Equipment Related Expense
Consulting Expense Food/Beverage Expense Travel In District
Contributions/Donations
Made
By
Event Expense Polling Expense
Travel Out Of District
Candidate/Officeholder/Political Committee
Fees
Printing Expense
Office Overhead/Rental Expense
OTHER
(enter a category
not
listed above)
The Instruction Guide explains how to complete
this
form.
1 Total pages Schedule F:
2
FILER NAME
3
ACCOUNT (Ethics Commission Filers)
19 of l Michael Rawlings
4 Date 6
Payeename
05/02/2014
Barney
Young
6 Amount ( ) 7 Payee address ; City; State; Zip Code
290.63
6901 Turtle Creek
Blvd
Dallas, TX 75205
8
PURPOSE
(a) ~ y (Sse categoriealisted at the top of this ochedule}
~ e s ~ t i o n
~ t r a v e l outalde
of
Texaa complete Schedule
T)
OF
F everage
reakfast roup tg
EXPENDITURE
9 Complete mil :l if direct
Candidate
I Officeholder
name
OffiCB
sought
Office held
expenditure to benefit
C/OH
Date
Payee name
05/15/2014 Education is Freedom
Amount
{ ) Payee address;
City; State; Zip Code
2420.00
3963 Maple
Avenue
Suite 370
DaUas,
TX
75219
PURPOSE
Category (See categories listed at the top of thla echedule}
Description (If travel outelde of Texae, complete Schedule
T)
OF
Donation
Intern
EXPENDITURE
Complete mil :l
if
direct
Candidate
I Officeholder
name
Office
sought
Office held
expenditure to benefit C/OH
Date
Payee name
05/04/2014
The Churchill Hotel
Amount ( )
Payee address; City;
State;
Zip Code
285.10
1914 Connecticut Ave NW Washington, DC 20009
PURPOSE
Category
(See categories lie ed at the top or thia echedule}
Description (If travel outaide of Texas, completa Schedule
T)
OF
Travel
Correspondents
Dinner
EXPENDITURE
Complete mil :l if direct
Candidate
I Officeholder
name
Office
sought Office
held
expenditure to benefit
C/OH
Date Payee name
05/28/2014 Sam
Merten
Amount ( )
Payee address;
City; State;
Zip Code
10000.00
1310 N Cockrell Hill Rd Suite 1415 DaUas, TX 75211
PURPOSE
Category (Sea categories listed
at
the top or this achedule}
Description (lftravel outside ofTel«
8/9/2019 Merten Ethics Complaint
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Sam Merten
Do what you feel like you need
to
do, Julie,
but you missed
my
point. It wasn't outside
employment. It was additional
compensation for my work with the city that
Mayor Rawlings decided to provide.
Like · Reply· More· Monday at
3:58pm
- - · 1- .._
l
l 1 reply
L ~ · ·
Sam Merten
The payment is completely ethical, Julie.
r ~ 4
Mayor Rawlings wanted to give me a bonus
for
the extra hours I was putting in at City
~ ~ ·
Hall, and rather than charging the taxpayers,
~ : ~
he paid
it
out of his campaign account.
Like · Reply · More· Monday at 9:29am
Jeff
Jones
Sam, the TE O No. 254 is an interesting
twist. You
were, and have not been an
employee of the State. You were a
municipal employee and the statute does
not cover municipalities, only Legislators of
the
State. By your own admission, Mayor
Rawlings wanted
to GIVE ME
a bonus
for
the
extra hours I was putting in at City Hall,
and rather charging the taxpayers, he paid
it
out
of
his campaign account. That would
fall under a violation of the city's own Code
of
Ethics Sec.12A-5{a) A city official or
employee shall not solicit, accept, or agree
to
accept any gift
or
benefit that: {1)
r ~ ~ r : n n ~ h l v
t ~ n r l r
t
i n f h ~ n ~ ~
r
RI=WARn