Denton Ethics Commission dismisses mayor’s complaint against councilman over solar panels

“If at first you don’t succeed, try, try again” is an old adage that can be applied to Mayor Gerard Hudspeth’s quest against his fellow councilman via a possible ethics violation during the September council discussion of solar panel rates with Denton Municipal Electric.

Two days before Christmas, Hudspeth refiled his ethics complaint against Councilman Brian Beck, saying Beck should not have been able to participate in the council’s deliberations because his home has solar panels installed.

“He has solar panels installed on his home and is directly benefiting (financially) from the bid discussion,” Hudspeth wrote in his Dec. 23 complaint, which included a Google Maps image of Beck’s property with solar panels.

“I am authorized and obligated to report this behavior.”

Late Monday afternoon, a three-member board of ethics panel dismissed Hudspeth’s complaint in a special meeting, noting that the benefit is available to all DME customers who have solar panels, not just Beck.

Hours later, Beck wrote in the Denton Record-Chronicle that he was surprised that the mayor “has doubled down on public resources, staff hours and citizen volunteer hours to further use ethics as a weapon in an attempt to divide our community.”

“His copycatting of previous failed attempts to derail the sustainable energy dialogue is particularly meaningless for a complaint on which the Board of Ethics has not previously taken action,” Beck wrote. “I appreciate the unanimous dismissal of the BOE panel and will continue to fight to address the issues facing our city.”

Hudspeth’s official battle against Beck began in late August, when the mayor asked the Board of Ethics for advice on whether the mayor should recuse himself from discussing solar tariffs if his home has solar panels installed.

The Board concluded that, although no conflict of interest would arise, undue influence could exist if Hudspeth participated in the discussion.

Beck, however, did not rule out discussing solar panels with DME at the Sept. 17 meeting. DME requested a reduction in the rate of payments for the energy it receives from approximately 1,300 residents who have solar panels.

Later, at a meeting on Oct. 22, the board approved a reduction to 5 cents per kilowatt-hour..

“The discussion of the value of solar here comes down to expanding participation in a citywide program open to every Dentonite,” Beck told Hudspeth in September.

An ethics complaint from Hudspeth soon followed.

Hudspeth’s initial complaint was never heard by the Ethics Board due to lack of quorum at the end of October. He then re-filed the complaint on December 23.

Because Hudspeth filed a new complaint, a three-member Board of Ethics panel was formed to determine the merits of Hudspeth’s complaint. Those members were Kenneth Ferguson, who was appointed by Councilman Joe Holland in November, and Andrea Eberhard and Diane Baker, who were appointed by Councilwoman Jill Jester in November.

On Monday, Eberhard told commission members that Beck did not receive any special privileges and the solar panel bids benefit every citizen who is “eligible for solar panels.”

Ferguson and Baker reiterated that Hudspeth’s complaint is unactionable and without merit.

“After reading all of this, I don’t think there was any intent,” Baker said. “I don’t know this person (Beck), but I don’t believe there was any intention to break the rules. … Council members are people. … They have a life. No wonder no one wants to run.”