The Ethics Review Board of the City of San Antonio has determined that Councilman Marc Whyte (D10) exploited his official position to exert influence over a private custody matter. The landmark ruling followed a rarely held hearing by the board on Wednesday night.
Whyte tried to rally local law enforcement agencies to conduct a welfare check at the residence of Martin Phipps, a local attorney, earlier this year. Phipps submitted a complaint against Whyte in May, claiming that the councilman had misused his position to interfere in his personal affairs.
During the hearing, Whyte defended himself, arguing that he was responding out of concern over potential child abuse. The independent attorney, Ross Fischer, who was hired by the city to assist the board, countered Whyte’s claim. He said that the councilman was aware that the police were already involved when he tried reaching out to the heads of two law enforcement agencies. At least one member of the board questioned why Whyte didn’t merely dial 911.
Fischer cited comments made by Whyte to the media, suggesting that a 911 call “I don’t think would have given me information about what was going on.” The Ethics Review Board, appointed by the city council, ruled by a 6-1 vote that Whyte had violated three sections of the city’s ethics code relating to exploiting his position for personal interests, and using city resources against public laws.
The board, in a similar 6-1 vote, decided to issue Whyte with a letter of reprimand and ordered him to attend ethics training. A unanimous vote from the board dismissed a fourth charge alleging that Whyte had used his position to support the economic interests of himself or his wife. Referring to the severe nature of the reprimand, Board Chairman Patrick Lang commented, “This is the first time in 12 years an ethics complaint had made it to a hearing.”
Responding to the outcome of the hearing, Whyte expressed his strong disagreement with the findings and maintained his position that he did nothing that any other citizen of San Antonio could not lawfully do. Meanwhile, Phipps expressed his gratitude to the Ethics Review Board for their diligent handling of the case.
April 26 remains a significant date in this ethical controversy. On this day, Whyte attended a Fiesta party a few blocks away from Phipps’ home. After learning of a potential incident at Phipps’ residence, Whyte made unsuccessful attempts to contact local law enforcement agencies. Councilman Manny Pelaez (D8), who had accompanied Whyte that night, also attempted contact with city officials. However, no ethics complaints have been lodged against Pelaez, who is aiming to run for mayor next year.
The Ethics Review Board’s decision concludes a heated public process that brought to light complex personal histories and relationships among the involved parties. The board’s determination reaffirms the critical importance of ethical conduct in public office and its commitment to holding those in power accountable.
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