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Windcrest ethics panel unanimously dismisses complaint against Sherilyn Flick after finding she is not a city official
Summary
The Windcrest Ethics Commission voted unanimously Dec. 12 to dismiss an ethics complaint filed by Chief Jimmy Cole against Sherilyn Flick after the commission concluded Flick was not an elected, appointed or city employee and therefore not subject to the city's ethics code.
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The Windcrest Ethics Commission unanimously voted Dec. 12 to dismiss a sworn ethics complaint filed by Police Chief Jimmy Cole against Sherilyn Flick, concluding Flick was not an elected, appointed or city employee subject to the city's ethics code.
The dismissal came after the City Attorney read a prepared email to Chief Cole noting that the commission would likely ask whether Cole had additional evidence showing Flick's status as a city official and suggesting that, if no new information existed, the commission might resolve the complaint without additional testimony. The City Attorney read that "I anticipate that the ethics commission would likely resolve your complaints without additional testimony" if no further evidence was provided.
Members of the public urged dismissal during the Citizens to Be Heard portion. Billy Gibson told the commission he found "accusations by Chief Cole of citizens not affiliated with any boards nor being an employee of Windcrest are absurd and should never have been allowed to move forward," and asked that the commission review all ethics complaints and publish more information to ensure fairness. Pamela Dodson urged the commission to dismiss the complaint against Flick, saying she had not been an appointed member of the Windcrest Animal Control Task Force and that no evidence showed Flick was a city official.
Cindy Sewell and another commenter who identified themselves as "Rainbow, trustee" cited employee-survey excerpts and Texas Penal Code provisions on perjury during public comment, arguing that misclassification of volunteers as city officials could result in false sworn statements. The commission chair clarified process questions raised by speakers, noting that complaints against city employees are handled by the city manager's office while other ethics complaints are routed to the city's compliance officer within the city attorney's office.
When asked on the record whether he had additional evidence to support the complaint, Chief Cole answered, "No, ma'am." Following that exchange, a commissioner moved to dismiss the complaint on the stated basis that Flick was not an elected official, appointed official or city employee; another commissioner seconded the motion and the commission voted unanimously to approve it. The chair then closed the hearing at 5:58 p.m.
The commission did not record individual roll-call votes in the minutes provided; the motion passed by unanimous voice vote. The commission did not take any additional formal action at the hearing and did not request further testimony after Chief Cole said he had no additional evidence.
