Michael Karlis
District 10 Councilman Marc Whyte speaks to reporters following Wednesday's Ethics Review Board hearing.
After deliberating for an hour in executive session, the board found that Whyte's actions violated three sections of the code. The board voted 6-1 to reprimand the District 10 councilman and require him to undergo ethics training.
Wednesday's three-hour hearing stemmed from an April 26 incident during which Whyte, a first-term councilman representing District 10, and District 8 Councilman Manny Pelaez — a current mayoral candidate — allegedly asked the Bexar County Sheriff's office to intervene in a family matter at the home of high-profile attorney Martin Phipps.
The Whyte and Pelaez made the request after Whyte's wife conveyed concerns that Phipps was physically abusing his child during a court-ordered visit, according to testimony from the meeting.
The board determined that White used his council position to unfairly advance private interests, wielded the prestige of his city position to advance private interests and attempted to use city resources for purposes unavailable to members of the public.
However, the board unanimously agreed that Whyte hadn't taken official action likely to affect his wife's economic interests.
"I don't know that the code was truly analyzed and that the words were looked at," Whyte told reporters after the hearing. "If you go and look at the code, what it says is I can't do something that's not lawfully available to another member of the City of San Antonio. Nothing we did that night a member of the city couldn't have done."
Although Wednesday's hearing focused on Whyte, attorney Phipps — who brought the original complaint and attended the meeting — told the Current that Pelaez may also have violated the city ethics code.
Details about the potential extent of Pelaez's involvement in the April 26 incident weren't revealed to the public or media until Wednesday's official meeting.
Phipps wouldn't say whether he plans to file an ethics complaint against Pelaez. However, he told the Current to be on the lookout for "what's coming next."
Michael Karlis
Councilmen Marc Whyte and Manny Pelaez testify at the Ethics Review Board meeting on Wednesday.
According to an official timeline presented at the hearing by an outside attorney the city retained as an independent investigator, Phipp's ex-wife, Jessica Joyner, called 911 at 8:19 p.m. and told San Antonio Police that her children were in danger at her ex-husband's King William home.
About 10 minutes later, Joyner texted Whyte's wife, Lorien, informing her of the situation.
SAPD arrived at Phipps' house at 8:30 p.m., while Lorien's request for Whyte to get involved occurred 20 minutes later, according to details presented in the timeline.
"You have to impart on [Bexar County Sheriff Salazar] how serious this is," Lorien wrote in a text message shared during the hearing. "Martin has a serious drug problem and mental health issues. These kids have not seen him in 18 months due to his behavior. This was a trial run visitation."
During the time of the alleged incident, Whyte and Pelaez were attending a private Fiesta event at Hotel King William, less than a half mile from Phipps' home, according to details discussed at Wednesday's meeting.
At the hearing, Whyte and Pelaez both testified that they flagged down an off-duty Bexar County deputy doing security at the party to make the deputy aware of the investigation at Phipps' home.
The issue at hand, Ethics Review Board member Jude Valdez said was that the BSCO deputy informed both Whyte and Pelaez that police were already on the scene due to Joyner's 911 call.
"Knowing that the police were already on their way and already there, why did you feel it necessary to engage all the individuals that you engaged in the conversation about getting someone else, getting the police or the sheriff or someone else out there as well?" Valdez asked White during the hearing.
In the end, the majority of the board agreed that Whyte had used his position and influence to send additional law enforcement to Phipps' residence.
"I am telling you, as God as my witness, that if it wasn't for SAPD and their professionalism and the principles that they followed — those sheriff's deputies were over there to get my children, to get the results that they [Whyte] wanted, and it wasn't there for them," Phipps testified, stopping at one point to stifle tears.
Whyte worked at Phipps' law firm before becoming a councilman, and Phipps served as Whyte's mock trial coach when he was a St. Mary's Law School student, according to the councilman's Wednesday testimony.
What's more, Whyte's wife, who's also an attorney, represented Phipps' ex-wife in a technical appellate point in her custody battle with Phipps last year. Whyte's wife is no longer involved in that case, however.
The Pelaez effect
Wednesday's hearing also shed light on what may have been a larger involvement by Pelaez in the Phipps matter.
Pelaez texted San Antonio Police Chief William McManus about the investigation at Phipps' house on the night of April 26 and also looped in employees in the City Manager's Office, according to the timeline presented Wednesday.
At around 9:30 p.m. — an hour after SAPD arrived at Phipps' home and some time after Pelaez and Whyte were informed that authorities were on the scene — Pelaez texted McManus and Deputy City Manager Maria Villagomez that he and Whyte "have a problem."
"Please call Whyte. URGET [sic]," Pelaez wrote. "Family violence case happening now in King Williams [sic]. Mom of victim called us. Mom's name is Jessica Joyner. I'm told assalailant [sic] is Martin Phipps!"
In those text messages, Pelaez told McManus and Villagomez that he knew police were on the scene.
"I'm told officers on the scene said that he was conducting 'reasonable disciple' [sic] on the minor," Pelaez said in one of the messages. "Minor claims he was hurting [redacted]."
During the hearing, several board members expressed concern that Pelaez looped in both McManus and, more specifically, the City Manager's Office in the matter of a private citizen — and for an incident in which the councilman wasn't directly involved.
Even so, Pelaez played down those concerns, telling the board he always involves the City Manager's Office when he thinks something is important.
"Something that I do whenever I have contact with law enforcement or something significant happens that I know may come to the attention of the city manager, the city attorney or the chief, is I always — as just a matter of practice — text them so that they can hear from me," Pelaez said.
The revelation that Pelaez may have reached out to McManus and top city officials about the Phipps case comes roughly a week after Pelaez raised eyebrows by stating during a debate on proposed city charter revisions that council members were "the closest thing to royalty in San Antonio."
"We get to park wherever the hell we want," Pelaez said during that discussion. "All of us get invited to every Spurs game and all the high-ticket concerts. And by the way, those of us up here who talk about regular-ass people and regular folks and being poverty pimps and all that stuff, you'll see them all in the luxury suites and at luxury events and galas, right?"
Despite the reprimand handed down to Whyte on Wednesday, Phipps told the Current he felt no joy in the outcome of the hearing.
"There is no victory. So, I'm gonna go home with my children," he said. "It's a good day, but … I'll send you a copy of what's being filed next."
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