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CITY OF DALLAS

ETHICS ADVISORY COMMISSI0f1015 EB I 0 AM 10: 07

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COMPLAINT FORM

CITY OF DALLAS

,_. , ....

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

jparker@kurzner.com

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)

X
X

Elected Official
Appointed Official
Candidate
City Employee

Fill in Appropriate lnfonnation

Office Held
Board or Commission/ Title
Office Sought
Title/Department

OFFICE OF THE CITY SECRETARY

Page 1 of4

Council District 9
Mayor's office

DALLAS, TEXAS
02-27-14

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

PARTE-- 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 of4

DALLAS, TEXAS
02-27-14

~. ~

In addition. the City is in possession of the following evidence. which should also
be considered:
1. Sam Merten's 2014 oavroll records (to demonstrate city employment and
whether payroll taxes were paid), and
2. Minutes of the City Council and agendas of the Community Development
Commission (to demonstrate Merten's membership on the Commission)

OFFICE OF THE CITY SECRETARY

Page 3 of4

DALLAS, TEXAS

02-27-14

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 auth~n the tt>r> day of bmAA4
, 20~,
personally appeared,~es Q
::Q.,
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.

<NOTARY SEAL>
(("'"~

ISELA LOPEZ

Jenuary9,2019

t~:t'J MY COMMISSION EXPIRES

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 75201

OFFICE OF THE CITY SECRETARY

Page 4 of4

DALLAS, TEXAS

02-27-14

Texas Ethics Commission

P.O.Box 12070

Austin, Texas 78711-2070

(512) 463-5800

FORM C/OH

CANDIDATE / OFFICEHOLDER
CAMPAIGN FINANCE REPORT

Cover Sheet pg 1

The C/OH Instruction Guide explains how to complete

this form.
3. CANDIDATE I
OFFICEHOLDER
NAME

MSI MRS

1-800-325-8506

I MR

1. ACCOUNT#

2. Total Pages Flied:

(Ethics Commission filers)

22
Ml

FIRST

OFFICE USE ONLY

Michael

Date R<!Celved
NICKNAME

SUFFIX

LAST

Rawlings
4. CANDIDATE I

OFFICEHOLDER
MAIUNG
ADDRESS
Change of Address

AddressiPO BOX; APT I SUITE#;

STATE;

CITY;

ZIP CODE

500 Crescent Court

Dallas TX 75201

Date Hand-dellevered or Date Postmarked

Apt/Suite: 250

5. CANDIDATE I
OFFICEHOLDER
PHONE

AREA CODE

6. CAMPAIGN
TREASURER
NAME

MS

PHONE NUMBER

EXTENSION

( )

Receipt#

I MRS I MR

FIRST

Ml

Date Processed

Brint

Date Imaged

LAST

NICKNAME

Amount

SUFFIX

Rvan
7. CAMPAIGN
TREASURER
ADDRESS

APT I SUITE #;

STREET ADDRESS (NO PO BOX PLEASE);

500 Crescent Court

CITY;

STATE;

ZIP CODE

Dallas TX 75201

250

(Residence or business)

8. CAMPAIGN
TREASURER
PHONE

AREA CODE

9. REPORT TYPE

July 15

10. PERIOD

1/1/2014

COVERED
11. ELECTION

PHONE NUMBER

EXTENSION

( )

ELECTION DATE

THROUGH

6/30/2014

ELECTION TYPE

NA
12. OFFICE

14. NOTICE
OF DIRECT
CAMPAIGN
EXPENDITURE
BY OTHER
INDIVIDUALS

OFFICE HELD (If any)

3. OFFICE SOUGHT ( if known)

Mayor

Not Applicable

** Direct campaign expenditures are campaign expenditures made by others without the candidate's prtor consent or approval
candidates are required to disclose this onformation only If they receive notification of the direct campaign expenditure.
NAME

ADDRESS I PO BOX;

**

APT I SUITE #;

CITY;

STATE;

ZIP CODE

additional pages

GOTO PAGE 2
I=X A
Revtsod 04/21/2010

Texas Ethics Commission

P.O.Box 12070

Austin, Texas 78711-2070

(512) 463-5800

1-800-325-8506

C/OH
COVER SHEET PG 2

CANDIDATE/ OFFICEHOLDER REPORT:

SUPPORT & TOTALS

FORM

16 ACCOUNT #(Ethics COmmission fliers)

5 C/OH NAME

Michael Rawlings
7 NOTICE
FROM
PO UTI CAL
COMMITTEE($)

** This box is for notice of political contributions accepted or political expenditures made by political committees to s':fcport
the candidate/officeholder. These expenditures may have been made without the candidate's or officeholder's know/e ge or
consent. Candidates and officeholders are required to report this information only if they receive notice of such
expenditures.* *
COMMffiEE TYPE

COMMIITEE NAME

COMMIITEE ADDRESS
additional pages

GENERAL

SPECIFIC

COMMIITEE CAMPAIGN TREASURER NAME

COMMIITEE CAMPAIGN TREASURER ADDRESS

8 CONTRIBUTION
TOTALS

1. TOTAL POLITICAL CONTRIBUTIONS OF $50 OR LESS (OTHER THAN

PLEDGES, LOANS, OR GUARANTEES OF LOANS), UNLESS ITEMIZED

2. TOTAL POUTICAL CONTRIBUTIONS

(OTHER THAN PLEDGES, LOANS, OR GUARANTEES OF LOANS)

3 . TOTAL POLITICAL EXPENDITURES OF $50 OR LESS, UNLESS ITEMIZED

0.00

4 . TOTAL POLITICAL EXPENDITURES

53750.61

5. TOTAL POUTICAL CONTRIBUTIONS MAINTAINED AS OF THE LAST DAY

OF REPORTING PERIOD

54590.78

6. TOTAL PRINCIPAL AMOUNT OF ALL OUTSTANDING LOANS AS OF THE

LAST DAY OF THE REPORTING PERIOD

0.00

0.00

0.00

EXPENDITURE
TOTALS

.................................
CONTRIBUTION
BALANCE

.................................
OUTSTANDING
LOAN TOTALS

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
of

Jul)!

20 j~

Michael Rawlings

, this the

14th

day

, to certify which, witness my hand and seal of office.

Signature of officer administering oath

Printed name of officer administering oath

Title of officer adminis~~g_A>ath

Revised 08/25/2009

Texas Ethics Commission

P.O . Box 12070

Austin,

Texas

(512) 463-5800

78711-2070

POLITICAL EXPENDITURES

1-800-325-8506

SCHEDULE

EXPENDITURE CATEGORIES FOR BOX S(a)

Advertising Expense
Accounting/Banking
Consulting Expense
Event Expense
Fees

Gift/Awards/Memorials Expense
Legal Services
Food/Beverage Expense
Polling Expense
Printing Expense

Salaries/Wages/Contract Labor
Solicitation/Fundraising Expense
Travel In District
Travel Out Of District
Office Overhead/Rental Expense

Loan Repayment/Reimbursement
Transportation Equipment & Related Expense
Contributions/Donations Made By
Candidate/Officeholder/Political Committee
OTHER (enter a category not listed above)

The Instruction Guide explains how to complete this form.

1 Total pages Schedule F:
19 ofl9

2 FILER NAME

4 Date

6 Payeename
05/02/2014

6 Amount ($)

Barney Young
7 Payee address;

PURPOSE
OF
EXPENDITURE

City;

State;

Zip Code

6901 Turtle Creek Blvd

290.63

13 ACCOUNT # (Ethics Commission Filers)

Michael Rawlings

(a)

9 Complete mil.:l if direct

expenditure to benefit C/OH

~ry (Sse categoriealisted at the top of this ochedule}

everage

Payee name

05/15/2014
Amount {$)

Education is Freedom
Payee address;

PURPOSE
OF
EXPENDITURE
Complete mil.:l if direct
expenditure to benefit C/OH

Category
Donation

Payee name

Category
Travel

(If travel outelde of Texae, complete Schedule T)

Sam Merten
Payee address;

City;

Office held

Zip Code
Washington, DC 20009

Candidate I Officeholder name

05/28/2014
Amount ($)

Complete mil.:l if direct

expenditure to benefit C/OH

State;

Description
Intern

Office sought

(See categories lie ted at the top or thia echedule}

Payee name

PURPOSE
OF
EXPENDITURE

DaUas, TX 75219

1914 Connecticut Ave NW

Date

10000.00

City;

Office held

Zip Code

Candidate I Officeholder name

The Churchill Hotel

Payee address;

Complete mil.:l if direct

expenditure to benefit C/OH

State;

tg

OffiCB sought

(See categories listed at the top of thla echedule}

05/04/2014
Amount ($)

PURPOSE
OF
EXPENDITURE

City;

roup

3963 Maple Avenue Suite 370

Date

285.10

~) Des~tion ~travel outalde of Texaa, complete Schedule T)

reakfast

Candidate I Officeholder name

Date

2420.00

Dallas, TX 75205

State;

Description (If travel outaide of Texas, completa Schedule T)

Correspondents Dinner

Zip Code

1310 N Cockrell Hill Rd Suite 1415

Category (Sea categories listed at the top or this achedule}

Consulting
Candidate I OffiCeholder name

Office held

Office sought

DaUas, TX 75211

Description
Consulting

(lftravel outside ofTel<s, complete Schedule

Office sought

Office held

ATTACH ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED

E~0412112o1o

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 1 reply
L~-----

Sam Merten
The payment is completely ethical, Julie.
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 TEAO 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)
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