On June 17, TCMA was notified by ICMA that they had concluded its review of the ethics complaint of Yost Zakhary, former city manager and police chief of the City of Woodway. The Committee on Professional Conduct (CPC) concluded that “Mr. Zakhary created an environment in which employees were offended by his language and conduct and it apparently continued even after harassment training occurred and despite his direct reports informing him that his behavior towards female employees was inappropriate. In addition to creating an uncomfortable work environment, Mr. Zakhary placed the city at risk for legal liability for his conduct.”
The CPC recommended to the ICMA Executive Board that Mr. Zakhary be publicly censured for conduct in violation of Tenet 3. On April 23, 2019, the ICMA Executive Board voted to approve the CPC’s recommendation to publicly censure Mr. Zakhary and the matter is now closed. In following the TCMA Rules of Procedure for Enforcement, the TCMA Board met on June 27 and accepted the decision of ICMA and the case is closed.
Texas City Management Association Rules of Procedure for Enforcement
- If an individual is a member of both TCMA and ICMA, TCMA relinquishes the right of investigation and actions to ICMA. All complaints concerning a member of ICMA or ICMA and TCMA will be processed by ICMA under the ICMA Rules of Procedure for Enforcement, and will not be subjected to an investigation by TCMA as long as that member is a member of ICMA. Once ICMA has completed its investigation, notice will be sent to the TCMA President and Ethics Committee chair, whereupon the TCMA Board shall accept the decision and actions of ICMA and shall apply the same sanction(s) to the member as TCMA’s action.
- Public Censure. Notification to the respondent, complainant, TCMA Board’s file, appropriate local governing bodies, and TCMA Newsletter including the name of the City, person, etc. indicating that a violation of the code took place and that TCMA strongly disapproves of such conduct and the nature of the sanction(s) imposed.