Specifically, the findings assert Goodwin did so by "impermissibly giving orders to subordinates, and impermissibly pressuring subordinates of the city manager to communicate information to Goodwin before that information was made known to the city manager."
The report, submitted by Martha Dickie of the law firm Almanza, Blackburn, Dickie & Mitchell, LLP, was obtained by Community Impact Newspaper immediately after Bee Cave City Council's June 9 meeting via City Manager Clint Garza.
Council originally initiated the investigation into Goodwin May 18, and following executive session of the June 9 meeting, voted to submit Dickie's report to Goodwin and allow for his response on June 17.
The report states Dickie reviewed emails to and from Goodwin between Jan. 1, 2018 and May 2020, as well as the audio recording of Bee Cave's March 28, 2020 City Council meeting, during which Goodwin seemed to state he violated the charter through an email he sent to Garza on March 21.
That email insisted council members and staff attend a March 24 City Council meeting in person and was seen by many who read it as a dangerous request amid the growing COVID-19 pandemic.
"I would like all members of staff that have business on the agenda to be in physical attendance, and urge you to tell them that I expect that of them," Goodwin's email stated. "Feel free to remind them that they are under your supervision and that I have no authority to require anything of them, that I am cognizant of that and nonetheless want them there."
Dickie also interviewed nine people as part of the investigation, including Mayor Kara King, Council Member Andrea Willott, City Manager Clint Garza and Police Chief Gary Miller.
"... it is apparent that Goodwin has regularly involved himself in many of the minute details of the administration of the business of the City," the report states. "This pattern of conduct from Goodwin may well be a leftover from the days before the City became a Home Rule City by adopting the Charter in 2013. However, the Charter makes clear that the administrative tasks in which Goodwin has involved himself are to be carried out by the City Manager only. Moreover, the Charter specifically and explicitly prohibits Goodwin from involving himself in these administrative tasks."
Among the allegations in the report, Dickie listed three examples of Goodwin's improper involvement in city actions and policy.
Dickie wrote that in 2015, Goodwin involved himself into policy centered on police health and safety operations at a low water crossing in his own neighborhood without the knowledge of other council members and in opposition to recommendations from Chief Miller.
With regard to the city's trails and parks, the report alleges that Goodwin became deeply involved with their details, planning and construction, in many instances dealing directly with city employees rather than through the city manager, as the charter mandates.
In another allegation, Dickie's report states that in late 2019, Goodwin requested from Bee Cave's human resources department information on titles and compensation of city staff members.
"Goodwin’s direct requests for information from subordinates which is sensitive and could be used for purposes that are not in the best interest of the City caused a stir among city staff," the report states. "The City Manager was only informed of Goodwin’s requests after the fact."
The report goes on to say that while Garza ended up approving the release of the information to Goodwin, the charter required that Goodwin make these requests through the city manager in all circumstances and violated the requirement when he made the requests directly to human resources staff.
As it pertains to the March 24 email, which was the catalyst for council's investigation, Dickie's report states that even though Goodwin acknowledged the chain of command required by the city's charter, which itself was an acknowledgement of impropriety, the council member's message was clear.
"Goodwin’s e-mail includes an express directive to senior City staff in violation of the Charter’s language which expressly prohibits this conduct," the report states. "Goodwin included the City Manager on his e-mail, but the Charter prohibited Goodwin from issuing directives to City staff under any circumstances regardless of whether the City Manager was aware of the directives being issued."
The email took away Garza's authority to administer the city's business and bypassed the structure of the "Council-Manager Government" created in the charter, the report states.
Voters approved and officials adopted Bee Cave's Home Rule Charter in 2013, and section 4.02 of the document stipulates "no Member of the Council, including the Mayor, shall give orders to any subordinate of the City Manager, either publicly or privately."
Section 3.03 states violations of the city's charter by the mayor or a council member mandates that person forfeit their office.
Garza said after Goodwin's opportunity to respond to the report June 17, council could, at the very soonest, deliberate and take action that same night. Garza also said it is not known at this time what the city will be billed for the investigation, but the cost will made public sometime after Dickie's firm submits the bill.
Community Impact Newspaper has attempted to contact Goodwin, to no avail.
This story is evolving. Community Impact Newspaper will update as new information becomes available.
