Board of Ethics tables hearings on complaints against mayor and councilmember, cites quorum rules

The South Padre Board of Ethics on May 7, 2025, voted to table hearings on complaints filed by Steven McCauley against Mayor Patrick McNulty and City Councilmember Joe Rico and rescheduled the matters to a future meeting when at least four board members can attend.

The board also approved minutes from a prior meeting referenced as May 9, 2021.

The action came after legal counsel explained that Section 5 of the hearing code requires four of five board members to find a violation by a preponderance of the evidence, meaning the board could not make a final finding on the merits at the meeting with only three members present. "Section 5 of the hearing code, it says that 4 out of 5 members of the Board have to find beyond a preponderance of evidence," the board's legal adviser told the meeting. Board members and counsel discussed that a separate determination about whether a complaint is "frivolous" may be governed by a different rule that can be acted on by a two-thirds vote when fewer members attend.

Complainant Steven McCauley told the board he was not allowed back into a prior online meeting and said he had not been given the opportunity to be heard after being disconnected. His attorney, Erica Lerma, asked permission to speak on his behalf. "I would like to ask permission from the Board to speak on his behalf," Lerma said.

After discussion, a motion was made and seconded to reschedule the hearings for dates when at least four board members could attend; the board agreed to table the agenda items and to let the city secretary attempt to find a new meeting date with appropriate notice. Board members also agreed to add election of a chairperson and vice chair to the next agenda so the board's leadership and quorum status are clear before proceeding.

Votes at a glance: 1) Approval of minutes from 05/09/2021 — motion approved (yes: 3, no: 0). 2) Motion to table item 4.2 (hearing request by Steven McCauley) and reschedule when four members can attend — tabled (majority vote). 3) Motion to table item 4.3 (complaints against Mayor Patrick McNulty and Councilmember Joe Rico) and reschedule — tabled (majority vote). 4) Motion to table item 4.4 (determine whether complaints against Joe Rico and Patrick McNulty are frivolous and set a show-cause hearing) and reschedule — tabled (majority vote).

Board members and counsel emphasized procedural fairness. Counsel for the complainant requested that evidence be sworn in at any future hearing and said the complainant wanted both a merits hearing and, if required by the code, a separate show-cause hearing on frivolousness. The board's legal adviser confirmed that if the board finds a complaint frivolous, a show-cause proceeding would follow so the complainant could respond.

The meeting concluded with members agreeing to adjourn and attempt to reconvene when at least four members can attend. The city secretary was asked to contact other members to set a new hearing date and provide appropriate public notice.