A Texas Ethics Commission (TEC) complaint from 2010 against Tomball Mayor Gretchen Fagan has finally been resolved. The TEC offered Fagan a resolution of Assurance of Voluntary Compliance as a way to settle the complaints against her, which Fagan accepted.

“I’m glad that it’s behind us and we can continue focusing on Tomball,” Fagan said.

The complaint against Fagan was part of a massive amount of complaints filed against Tomball politicians during the controversial debate over a day labor site.

Conroe resident Jim Doyle filed the complaint, alleging that Fagan took corporate contributions, failed to properly report required information and failed to file a properly executed affidavit on her report, dating back to 2007.

The TEC refused to look into the alleged corporate contribution, citing the statute of limitations. The issue named by Doyle happened in 2007, during Fagan’s initial run for mayor.

The agreement between Fagan and the TEC involves allegations that Fagan did not fully state what the purpose of certain expenditures were for on her 2010 filing or the full address of those receiving payment. For example, Doyle complained that payments made to the former Klein’s Supermarket were listed as for M&M’s and not what the M&M’s were for. Addresses for the Tomball Post Office and the Tribune were not fully listed in her report also.

Doyle said the agreement with the TEC ultimately means that Fagan was guilty of something, even though no fine was levied.

“(Fagan) didn’t put down the proper information,” he said. “It’s all required information, but if there are other compliance issues in the future they may not be so lenient, is how I read the ethics commission response.”

Fagan disagreed.

“If I was guilty I’d be paying a fine,” Fagan said.

Many lawmakers have complained that they have been inundated with this type of complaint.

“(Many complaints are) ticky-tack I dotting and T crossing,” Rep. Dennis Bonnen, R-Angleton, told the website texaswatchdog.org.

Doyle stated that while it may seem like a small thing, it’s a tool for citizens to keep elected officials under check.

“They are infractions−the law is the law,” Doyle said. “If I ran a stop sign the government would still fine me.”

The TEC handled a record 440 complaints in 2010 and several complaints which swirled around members of the Tomball City Council were for clerical errors and small errors.

Complaints against other Tomball city officials have not been resolved, according to the information available, however TEC will not confirm, deny or speak about any investigations previously reported in the Tribune.

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