Apr 14, 2021 Ethics Review Commission

COMMISSIONER LARRY IS NOT PRESENT COMMISSIONER LEARNER, PRESENT COMMISSIONER MCCORMICK COMMISSIONER VIA LOBOS PRESENT.

GREAT.

AND THEN WE HAVE A VACANCY IN DISTRICT TWO COMMISSIONER.

RYAN IS NOW A COMMISSIONER OF A DIFFERENT COMMISSION.

UM, SO I BELIEVE THAT IS A QUORUM.

UM, SO, UH, NEXT UP CITIZENS COMMUNICATIONS, UH, WE DID NOT HAVE ANYONE SIGN UP FOR CITIZEN COMMUNICATIONS.

IS THAT CORRECT, GLEN? YES, THAT IS CORRECT.

THEN WE WILL JUMP INTO OUR AGENDA ITEMS. UM, SO, UH, COMMISSIONERS, A COUPLE OF THINGS THAT I WANT TO SAY, UM, JUST BEFORE WE GET INTO THE AGENDA.

UM, SO WE WE'RE AGENDA IS TO ALL THE FINAL HEARING AS I'M SURE YOU'RE WELL AWARE.

UM, THE, UH, RESPONDENTS, UM, IN THE COMPLAINT, UH, THEY HAD ASKED FOR A CONTINUANCE.

THEY SAID THAT THEY WERE UNABLE TO OBTAIN SOME EVIDENCE AND UNABLE TO PRODUCE SOME EVIDENCE.

UM, SO WE HAVE ON THE AGENDA, UM, WE'RE STILL AGENDA IS TO DISCUSS THE FINAL HEARING.

UM, BUT WE ALSO HAVE, UH, ON THE AGENDA, THE EXECUTIVE SESSION, I THINK THAT, UM, IT WOULD BE WORTHWHILE TO STILL HAVE THAT EXECUTIVE SESSION TO DISCUSS A COUPLE OF THINGS.

UM, BUT I JUST WANTED TO MAKE SURE THAT EVERYONE WAS AWARE OF WHAT WAS GOING ON AND I'M HAPPY TO ELABORATE FURTHER IF ANYONE WOULD LIKE, UM, BUT I'LL, I'LL PAUSE THERE.

UH, LET'S SEE IF ANYONE HAS ANY, ANYTHING TO SAY BEFORE WE JUMP INTO MORE SCRIPT.

AND IT'S AGENDA ITEM ONE.

THEN I THINK WE'RE GOING TO GO INTO EXECUTIVE SESSION.

UM, LET ME GET THIS GOING

[1. EXECUTIVE SESSION]

SO WITHOUT OBJECTION, THE ETHICS REVIEW COMMISSION WILL GO INTO CLOSED SESSION TO TAKE UP ONE ITEM PER TWO, PURSUANT TO TEXAS GOVERNMENT CODE SECTION FIVE FIVE, 1.071 YOU HAVE TO REVIEW COMMISSION WILL CONSULT WITH LEGAL COUNSEL ON LEGAL ISSUES RELATED TO THE FOLLOWING ITEM.

ONE COMPLAINTS FILED BY MARK LITTLEFIELD AGAINST SAVE AUSTIN NOW, WHICH ALLEGED VIOLATIONS OF CITY CODE CHAPTER TWO DASH TWO, CAMPAIGN FINANCE SECTION TWO, TWO TO THREE POLITICAL COMMITTEES AND TWO, TWO, TWO SIX FILING CAMPAIGN FINANCE REPORT DATA.

IS THERE ANY OBJECTION TO GOING INTO EXECUTIVE SESSION ON THE ITEM ANNOUNCED RIGHT.

HEARING NONE.

THE COMMISSION WILL NOW GO INTO EXECUTIVE SESSION.

THE TIME IS 6:08 PM COMMISSIONERS.

UM, IF YOU'LL LEAVE THIS MEETING AND JOIN THE MEETING THAT YOU HAD IN YOUR OTHER LINK, UM, WE'LL SEE YOU ON THE OTHER SIDE AND THANK YOU VERY MUCH.

SO SESSION THE TIME IS 6:59 PM.

IN CLOSED SESSION.

WE TOOK UP AND DISCUSSED LEGAL ISSUES RELATED TO ONE COMPLAINTS FILED BY MARK LITTLEFIELD AGAINST SAVE AUSTIN NOW, SO NOW THAT WE ARE BACK IN OUR OPEN SESSION AND BACK ON OUR AGENDA, UM,

[2. FINAL HEARING Discussion and possible action regarding the following: The complaint(s) filed on October 13, 2020 by Mark Littlefield against Save Austin Now, which complaint allege violations of City Code Chapter 2-2 (Campaign Finance) Sections 2-2-23 (Political Committees) and 2-2-26 (Filing Campaign Finance Report Data) of Chapter 2-2 (Campaign Finance).]

THE NEXT AGENDA ITEM, UM, DISCUSSION AND POSSIBLE ACTION REGARDING THE FOLLOWING COMPLAINTS FILED ON OCTOBER 13TH, 2020 BY MARK LITTLE FIELD AGAINST STATE BOSS, AND NOW WHICH COMPLAINT ALLEGED VIOLATIONS OF CITY CODE CHAPTER TWO DASH TWO, CAMPAIGN FINANCE SECTIONS TWO DASH TWO DASH TWO THREE POLITICAL COMMITTEES, AND TWO DASH STREET AS TWO SIX DIALING CAMPAIGN FINANCE REPORT, DATA OF CHAPTER TWO THAT YOU HAVE CAMPAIGN FINANCE.

UM, SO MEMBERS, UM, COMMISSIONERS RATHER, UM, I'M USED TO THE LEGISLATURE WHERE COMMITTEES ARE MEMBERS.

UM, THE, UH, AS YOU'RE

[00:05:01]

LIKELY WELL AWARE NOW THE, UH, RESPONDENTS ASKED FOR A CONTINUANCE LATE LAST WEEK.

UM, AND I DECIDED TO GRANT THAT CONTINUANCE.

UM, I THINK, UH, WE'RE WE CAN DISCUSS ISSUES, UM, FOLLOWING OUR LAST MEETING IN WHICH WE KIND OF HAD A CONVERSATION ABOUT EVIDENTIARY ISSUES, THOSE EVIDENTIARY ISSUES, UM, ARE PART OF THE REASON THAT, UM, THE RESPONDENTS REQUESTED A CONTINUANCE.

UM, SO AT THIS TIME I'M HAPPY TO OPEN THE FLOOR, UH, COMMISSIONERS TO QUESTIONS OR COMMENTS, UM, ON THIS SPECIFIC ITEM.

SO SEE, AND NOT SEEING ANY IMMEDIATE TAKERS.

OH, COMMISSIONER DANBURG AND THEN I SAW COMMISSIONER GRAPE ITSELF.

DANBURG GO FIRST.

I'M CURIOUS AS TO WHAT EVIDENCE IS NOT AVAILABLE NOW THAT WOULD BE AVAILABLE IF A CONTINUANCE WERE GRANTED THAT THAT'S A GOOD QUESTION.

UM, I THINK, UH, AT LEAST ONE OF THE THINGS THAT MIGHT BE AVAILABLE, UM, AND IT'S SOMETHING THAT, UH, WE WOULD HAVE TO THINK A LITTLE BIT MORE ABOUT IT'S THE, IT'S THE SUBJECT OF THE, UH, OF ANY PUBLIC INFORMATION REQUEST THAT THE PARTIES HAVE MADE, UM, SINCE THOSE TAKE TIME, BUT AGAIN, IT'S WITHIN, IT'S WITHIN OUR DISCRETION AS A COMMISSION, UM, WHEN WE'RE IN THESE MEETINGS, UM, I'M, I'M LEFT WITH THAT DISCRETION WHEN WE'RE NOT, BUT IT'S WITHIN OUR DISCRETION AT THESE MEETINGS TO KIND OF, UH, DECIDE WHETHER OR NOT THAT'S WORTH WAITING FOR, IN A SENSE.

UM, BUT, AND THEN ABSENT THAT THERE WAS A, UH, YOU KNOW, UH, POTENTIALLY IF THERE'S AN AGREEMENT MADE ON SOME OF THE OTHER EVIDENTIARY POINTS THAT THEY WEREN'T ABLE TO ARRIVE AT LAST WEEK AND THEN RESOLVING KIND OF THIS UPSTATE QUESTION, UM, YES.

COMMISSIONER, YOU HAVE FOLLOW-UP COMMISSIONER HAMBURG.

WELL, I DO IT, IT APPEARS TO ME THAT BOTH SIDES HAD SAID THAT THEY WOULD GET AND PRESENT EVIDENCE AND BOTH SIDES ARE NOW SAYING THEY CANNOT, OR AT THIS POINT AT LEAST CANNOT.

UM, I'D LIKE TO HEAR FROM BOTH OF THEM ABOUT WHY IT IS THAT TODAY THEY CANNOT, BUT IF WE HAVE A CONTINUANCE THEY CAN IN A MONTH, THAT'S A GOOD QUESTION.

UM, YOU KNOW, ONE THING THAT I'LL OFFER IS THAT PART OF THE REASON WE HAVE A SORT OF EVIDENCE DEADLINE, SO TO SPEAK IN OUR FINAL HEARINGS IS BECAUSE, UH, I MEAN, WE, WHEN WE PUT OUT A NOTICE OF A FINAL HEARING TO THE PARTIES, WE TELL THE PARTIES THAT BY 5:00 PM ON THE WEDNESDAY PROCEEDING, THE HEARING DATE THAT WE WANT, THE EVIDENCE THEY'RE GOING TO PRESENT AND IT'S TO GIVE US COMMISSIONER'S TIME TO LOOK AT THAT.

UM, YOU KNOW, IN LAST WEEK ON WEDNESDAY, THE RESPONDENT HAD REACHED OUT AND REQUESTED A CONTINUANCE.

UM, AND I ASKED THEM TO, UH, SEE WHAT THEY COULD DO BY FRIDAY, BECAUSE I THOUGHT THAT, YOU KNOW, WHILE WE WOULDN'T GET THE BENEFIT OF A FULL WEEK TO DIGEST IT AS COMMISSIONERS, THAT MAY BE OVER THE WEEKEND AND THE FIRST PART OF THIS WEEK WOULD BE ENOUGH TIME FOR US TO REVIEW WHAT THEY COULD GET.

AND THEN FRIDAY, THEY SAID THAT THEY WERE STILL NOT ABLE TO, UH, PRODUCE AND OBTAIN THE EVIDENCE THAT THEY'VE WANTED.

SO, UH, SO, UH, COMMISSIONER GREENBERG, YOU HAD YOUR HAND UP A WHILE BACK AND THEN I'LL GO CONDITIONER MCCORMICK.

SO LOOKING AT THE DRAFT MINUTES FROM LARGE, UM, SWIMMING, THESE ARE CORRECT, WHICH I BELIEVE THEY ARE.

UM, THE ONLY EVIDENCE WAS FROM SAVE AUSTIN NOW.

AND THERE WERE SIX PIECES OF EVIDENCE.

DID THEY CHOOSE TO PROVIDE ANY OF THOSE PIECES? FOR EXAMPLE, NUMBER SIX SAYS ALL PUBLIC FIVE OH ONE C PAPERWORK AND FILINGS BY SAY BOSTON NOW, WHICH SHOULDN'T HAVE ANYTHING TO DO WITH THE WEBSITE.

THINGS EITHER THERE WAS NOTHING, UM, RELEVANT IN WHICH CASE WE SHOULD GET, OR NO, THAT THERE'S NOTHING RELEVANT TO NUMBER THREE OR FOUR OR WHATEVER IT IS.

I'M GOING TO, UH, BECAUSE MR. SHEETS HAS OUR OUTSIDE COUNSEL, MR. STEVE SHEETS HAS BEEN, UM, WORKING WITH THE PARTIES ON, ON SOME OF THE EVIDENTIARY MATTERS.

I'M GOING TO ASK, UH, HIM, I'M GOING TO PUT YOUR QUESTION TO HIM.

IF STEVE AUSTIN, NOW THE RESPONDENT HAD PRODUCED THOSE SPECIFIC DOCUMENTS.

UM, AS FAR AS I KNOW THAT HEATHER PRODUCED, OKAY, WELL, I MUST SAY THAT'S DISAPPOINTING.

UM, BECAUSE IT SEEMED LIKE WE WERE TOLD THOSE

[00:10:01]

AND THE REST SHOULD HAVE BEEN PROVIDED BECAUSE THERE WAS A COMMITMENT AT THE LAST MEETING TO PROVIDE THAT INFORMATION.

UM, I JUST DON'T EVEN KNOW WHAT TO SAY WHEN PEOPLE DON'T DO WHAT THEY COMMIT TO, BUT PERHAPS THE DEADLINE SHOULD NOT BE THE WEDNESDAY BEFORE OUR NEXT MEETING.

PERHAPS THE DEADLINE SHOULD BE NEXT WEDNESDAY.

AND THEN MAYBE WE SHOULD HAVE AN EMERGENCY MEETING TO DECIDE WHAT TO DO, BECAUSE WE DON'T HAVE THE EVIDENCE.

WE CAN JUST ASSUME.

I KNOW, LIKE WE DID LAST TIME.

UM, COMMISSIONER MCCORMICK, I SAW YOUR HAND UP.

I WANTED TO GIVE YOU AN OPPORTUNITY.

THAT'S WHAT I WAS GOING TO ASK WAS HOW LONG ARE WE GOING TO EXTEND THEIR TIME OF WHEN TO SUBMIT THE EVIDENCE TO US OR IF THEY DON'T HAVE IT TO LET US KNOW, YOU KNOW, SINCE THEY HAVEN'T HAD IT FOR MORE THAN ONE TIME, ARE WE GOING TO GIVE THEM A WEEK OR TWO OR LONGER OR WHAT? SO WHAT, WHAT I'LL OFFER IS KIND OF THE DIRECTION THAT I HAD GIVEN, UM, OUR OUTSIDE COUNSEL AND WHEN I WAS KIND OF CONFRONTED WITH THE EMAIL ON FRIDAY, UH, THAT WAS TRANSMITTED TO ME BY RESPONDENT, UH, FROM RESPONDENT.

UM, UH, WHAT, WHAT I HAD SAID WAS, UM, YOU KNOW, THAT, UH, AS A FULL TIMELINE OF EVENTS, UH, WEDNESDAY, THERE WAS A REQUEST FOR A CONTINUANCE.

AND I, UH, UH, THE RESPONSE THAT I RELAYED TO THE RESPONDENT WAS, UM, SEE WHAT YOU CAN GET BY FRIDAY FIVE, IF YOU CAN'T GET WHAT YOU, IF YOU CAN'T GET FOR PRODUCE, WHICH YOU THINK YOU NEED BY FRIDAY AT FIVE, THEN I'LL GRANT THE CONTINUANCE FRIDAY COMES, THEY INFORM US, WE CAN'T GO OUT AND PRODUCE WHAT WE THINK WE NEED.

AND SO AT THAT POINT, I DID WHAT I WANTED COMMUNICATED TO THE RESPONDENT WAS, UM, UH, I URGE YOU TO CONSIDER, TO CONTINUE WORKING WITH COMPLAINANT AND OUR OUTSIDE COUNSEL TO RESOLVE THESE ISSUES AND TO ALSO WORK WITH THEM, TO, UH, SEE IF THERE'S AN AGREEABLE DATE IN WHICH WE COULD HAVE A SPECIAL CALLED MEETING.

UM, AND, AND I THINK, UH, AND SO I SPECIFICALLY MADE THAT REQUEST, UM, BECAUSE I I'M, WHAT I'M HEARING IS FRUSTRATION THAT IT'S TAKEN AS LONG AS IT'S TAKEN.

AND I, UM, I VERY MUCH SYMPATHIZE WITH THAT FRUSTRATION.

THIS WAS A COMPLAINT THAT WAS FILED IN OCTOBER.

WE FIRST, UH, HAD A MEETING ABOUT IT IN NOVEMBER.

I BELIEVE IT SHOULD NOT TAKE HALF A YEAR, UM, TO RESOLVE THE COMPLAINT.

UM, BUT, UH, JUST WANTED TO, JUST WANTED TO LET YOU ALL KNOW THAT THAT WAS SOMETHING THAT I HAD INCLUDED IN GRANTING THE CONTINUANCE WAS, UH, URGING THEM TO FIND IT AGREEABLE SPECIAL CALLED MEETING DATE.

UM, I SAW SOCCER COMMISSIONER KALE'S HAND.

I'M JUST GOING TO MAKE AN OBSERVATION.

IT SEEMS TO ME THAT, UM, IN SOME WAYS THE FACT THAT WE'RE DOING THESE MEETINGS VIRTUALLY IS ALLOWING SOME THINGS THAT NORMALLY GARNER MORE PUBLIC ATTENTION TO JUST KIND OF MUDDLE ALONG.

AND THIS, THIS, UM, VIRTUAL SITUATION IS SORT OF CONDUCIVE TO RESPONDENTS OR WHO, OR WHO HA WHOEVER HAVE YOU BEING ABLE TO PUNT THINGS DOWN THE ROAD A LITTLE BIT.

THAT'S JUST AN OBSERVATION TO ME BECAUSE I THINK NORMALLY SOME OF THESE ISSUES WOULD BE GETTING A LOT MORE, UM, PUBLIC ATTENTION BECAUSE SOME OF THE PEOPLE ARE FAIRLY, SOME OF THE ORGANIZATIONS ARE FAIRLY HIGH-PROFILE, UM, AND THERE'S NOTHING WE CAN DO ABOUT THAT UNTIL WE, UNTIL WE MEET BACK IN PERSON.

UM, SO IT'S, IT'S VERY, VERY FRUSTRATING TO HAVE, YOU KNOW, TO HAVE PEOPLE CLAIM THEY CAN'T PRODUCE THINGS THAT, UM, THAT THEY COMMITTED TO PRODUCING AND THEY AGREE TO, AND THAT THEY, THAT IT SEEMED LIKE, YOU KNOW, A QUICK, UH, A QUICK SEARCH OF YOUR FILE SHOULD BE ABLE TO PRODUCE, BUT THAT'S JUST MY 2 CENTS WORTH.

UM, AND WHY, WHY THEY WERE NOT ABLE TO ACCESS THEIR OWN WEBSITE.

I APPRECIATE THAT COMMISSIONER CARROLL, UM, COMMISSIONERS, ARE THERE ANY OTHER KIND OF COMMENTS, QUESTIONS, DISCUSSION, UM, UH, THE, THE, THE OTHER THING THAT I KIND OF FORGOT TO INCLUDE IN, UM, IN HAVING THE MESSAGE RELAYED BACK TO RESPONDENTS ABOUT, UM, DO YOUR BEST TO RESOLVE THE EVIDENTIARY ISSUES, DO YOUR, TO WORK WITH, UM, COUNSEL AND COMPLAINANT TO FIND AN AGREEABLE DATE FOR SPECIAL CALLED MEETING.

I THINK I'D ALSO ASKED THEM FOR AN EXPLANATION, UM, ABOUT THIS WEBSITE ISSUE,

[00:15:01]

UM, SO, UH, THE HOPING TO SEE AN EXPLANATION OF THAT ISSUE AS WELL.

UM, COMMISSIONER DANBURY, GO AHEAD.

I DON'T SEE THE COMPLAINANT OR THE RESPONDENT ON MY SCREEN.

ARE THEY EVEN HERE? HM, NO.

UH, THEY WERE, THEY WERE INFORMED THAT THERE WAS A CONTINUANCE, UM, GRANTED ON THE FINAL HEARING.

UM, SO, UH, YOU KNOW, IF, IF COMPLAINANT HAD WANTED TO, HE COULD HAVE SIGNED UP FOR CITIZEN COMMUNICATION AND I'VE BEEN PRESENT.

UM, BUT SINCE THERE'S, UH, WE'RE AGENDIZED TO DISCUSS THE FINAL HEARING, BUT SINCE THERE IS NO FINAL HEARING, UM, THERE'S NO CITY CODE DOES REQUIRE RESPONDENTS AND COMPLAINANTS TO APPEAR TO FINAL HEARING.

UM, BUT THERE'S NO FINAL HEARING, THUS NO REQUIREMENT TO APPEAR.

SO PERSONALLY, I WOULD HAVE LIKED TO KNOW THAT WE WEREN'T HAVING A FINAL HEARING AS WELL.

I MEAN, I THINK THE COMMISSION'S TIME, THE CITY LEGAL'S TIME OR OUTSIDE COUNSEL'S TIME IS ALL BEING WASTED BECAUSE OF THIS.

AND TO ME, THAT'S A BIG DEAL.

I APOLOGIZE FOR NOT INFORMING COMMISSIONER SOONER.

UM, IT WAS AND THE AVERY TIME.

IT'S ALWAYS DID WELL.

I, I HEAR THAT, UM, COMMISSIONER LERNER, I SAW YOUR HAND TO GO AHEAD.

WELL, I JUST THINK THAT FOR THAT REASON, I THINK YOU MEET, ESTABLISH SOME GOALS FOR WHAT WE ARE DOING RIGHT NOW, SO WE CAN JUST BE EFFICIENT.

I, I GUESS I'M NOT EVEN REALLY SURE WHAT, WHAT WE WANT TO ACCOMPLISH RIGHT NOW.

I'M, I'M OPEN.

UH, I MEAN THE FLOOR IS OPEN.

WE ARE AGENDIZED TO DISCUSS AND TAKE POSSIBLE ACTION ON THIS ITEM.

SO IF COMMISSIONERS HAVE IDEAS ON POSSIBLE ACTION TO TAKE, UM, THEN I'M HAPPY.

I'M HAPPY TO CONSIDER THAT.

UM, BUT YOU KNOW, THE ONLY ACTION THAT WE CAN TAKE THE FINAL HEARING ITSELF, UM, AND KIND OF MAKE A DISPOSITION ON THE CASE.

UM, SO, UH, BUT OUTSIDE OF THAT, I'M HAPPY TO HEAR SUGGESTIONS ON POSSIBLE ACTION.

I SEE COMMISSIONER GREEN, I MOVE THAT.

WE REQUEST THE EVIDENCE BY MAY 3RD, RIGHT? WELL, THAT IS A MOTION.

UM, IS THERE A SECOND FOR THE MOTION? SO A SECOND FROM COMMISSIONER MCCORMICK, UM, DISCUSSION ON THE MOTION THEN, UM, AND MAYBE EVEN SET IT AS A DEADLINE.

SO THE MOTION, JUST TO RESTATE IT IS EVIDENCE TO BE SUBMITTED BY MAY 3RD.

UM, HERE'S SO, UM, FIRST I'M GONNA OPEN THE FLOOR IF ANYONE ELSE HAS THOUGHTS ON IT.

I I'VE PUT SOME THOUGHTS ON THE MOTION, BUT I WANT TO DEFER TO COMMISSIONERS FIRST.

SO MY ONLY CONCERN WITH THE MOTION IS THAT, UM, IN THE EVENT THAT, UH, WE WANT TO SEE A QUICKER RESOLUTION, UM, I DON'T WANT TO SET THE GOALPOST.

UM, WHAT WOULD THAT BE? UH, TWO DAYS AFTER, UM, RIGHT.

UM, YOU SAID BY MAY 3RD, THAT WOULD BE A MONDAY.

I THOUGHT THE ELECTION IS MAY 1ST, NOT FIRST, IT'S A SATURDAY OR TUESDAY.

THAT'S A SATURDAY.

OKAY, SURE.

MONDAY, YEAH.

GET IT TO US BY MONDAY, WHATEVER THE ELECTIONS, THE FIRST GET US THE EVIDENCE BY THE THIRD, THEY'RE SAYING IT'S THE ELECTION, THAT'S HOLDING THEM BACK FROM PROVIDING THE EVIDENCE.

I THINK HAVING AN EARLIER DEADLINE, THEY WON'T MEET IT WELL.

SO THE OTHER, THE OTHER THING THAT I'M CONFLICTED ABOUT IS THAT WE, WE HAVE NOT YET, UM, AND MR. CAN CORRECT ME IF I'M WRONG.

UM, BUT THIS WAS PART OF MY REQUEST ON FRIDAY TO THE RESPONDENT.

WE HAVE NOT YET GOTTEN AN EXPLANATION AS TO WHAT, WHAT ABOUT THE ELECTION IS PREVENTING THEM FROM SHARING INFORMATION? UM, SO I, I, I'M HESITANT TO KIND OF, UH, JUST TAKE, TAKE A PARTY AT THEIR WORD THAT, UM, X THING IS PREVENTING ME FROM DOING SOMETHING, UNLESS THERE'S KIND OF A REALLY CLEAR LINE OF, UH, ARGUMENT, SO TO SPEAK.

THEM FROM PROVIDING THE, THE TAX PAPERWORK.

UM, YOU KNOW, IT ISN'T THE ELECTION ISN'T PREVENTING

[00:20:01]

IT SIMPLY ISN'T, I DON'T BELIEVE IT.

THEY DIDN'T PROVIDE EVEN THAT PIECE OF THE EVIDENCE.

COMMISSIONER DAMPER, GO AHEAD.

SORRY.

I SEE COMMISSIONER DANBURG.

YEP.

CAN WE JUST GET THE CLARITY THAT IT IS BAD LACK OF COOPERATION? YES.

WELL, UM, AS A COMMISSION, I DON'T KNOW IF WE CAN, UH, KIND OF, WE, WE DON'T HAVE AS A COMMISSION REALLY, UH, KIND OF THE ABILITY TO SANCTION, PROCEDURAL DEFICIENCIES, SO TO SPEAK.

SO, YOU KNOW, IF, UH, YOU KNOW, THERE'S LIKE FRIVOLOUS SUBMISSIONS, THINGS LIKE THAT, WE DON'T HAVE THE ABILITY TO KIND OF POLICE AS A COMMISSION, BUT YEAH.

IN THE REAL WORLD, A JUDGE WOULD HAVE HELD THEM IN CONTEMPT BY NOW.

OH, LET'S DO THAT AND IS NOT AUTHORIZED TO DO THAT.

UM, WE'VE GOT SOME MORE TO GROUPS TO TALK ABOUT WHAT THE COMMISSION CAN AND CAN'T DO.

UM, AND I DO WANT TO KEEP OUR DISCUSSION GERMANE TO THE MOTION BEFORE US.

SO GO AHEAD AND, UH, SHARE SOBER RAWLINS.

I TELL THEM, I AGREE THAT IF THE EVIDENCE ISN'T PROVIDED BY MAY 3RD, THEN WE JUST MOVE ON WHATEVER THE RATIONALE IS.

UH, THEY'VE BEEN ABLE TO USE EMAIL AND THEN COMMUNICATE WITH, UH, COUNSEL STEVE SHEETS, AND WE ARE GOING TO HAVE TO BAY.

WE GOT TO BASE ANY DECISION WE HAVE ON THE EVIDENCE OR LACK THEREOF OR THE FAILURE TO BE ABLE TO RETRIEVE THAT EVIDENCE.

THAT I'M CERTAIN THAT AT THE FINAL HEARING, RESPONDENT WILL BE ABLE TO GIVE INFORMATION ABOUT THAT.

AND WE'LL, WE'LL GO ON FROM THERE AND THEY UNDERSTAND THAT IT WILL BE THE FINAL HEARING.

UH, AND, AND THEY'RE MAKING AN ASSESSMENT JUST LIKE WE ARE AS TO WHETHER THEY'LL BE READY AND HAVE WHAT THEY NEED.

THERE'S THIS, THIS COMMISSION IS LIMITED TO SOME EXTENT FILE.

WE CAN'T HOLD THEM IN CONTEMPT.

UH, I THINK WE JUST HAVE TO GO WITH WHAT WE'VE HAD TO, THEY'VE JUST SEEN AT THIS POINT, IF THE SPINE IS BEING PRETTY ABSTINENT WELL TAKEN, UM, COMMISSIONER LEARNER, I SAW YOUR INTER LEARNER START YOUR HAND, UM, REMINDER TO MEET YOURSELF.

I WOULD, LIKE I SAID, WE'RE UNDER A DISCUSSION NOW ON A MOTION TO, UM, TO COME LIKE, UH, WHAT'S THE WORD TO DEMAND THERE, OR SET A LIMIT AT DATE LIMIT FOR THEM TO PROVIDE THEIR EVIDENCE.

I THINK WE, I WOULD LIKE TO MOVE TO CLOSE THIS CONVERSATION AND, AND TAKE A VOTE ON THAT BECAUSE I THINK WE'RE ALL KIND OF THINKING OUT LOUD RIGHT NOW, AND I'D RATHER JUST SORT OF MAKE IT, SEE WHO WANTS TO HAVE THE FIRM DEADLINE AND WHO DOESN'T AND THEN WE CAN GO FROM THERE.

YEP.

FAIR ENOUGH.

I THINK THAT'S CALLED MOVING TO THE PREVIOUS QUESTION AND ROBERTS PARLANCE.

UM, AND I DON'T KNOW IF THAT IS EMOTION.

THAT IS THAT EMOTION THAT NEEDS TO BE SECONDED.

UH, SOMEONE CAN CHANGE IT.

THEN MOVE TO THE PREVIOUS QUESTION.

SO THEN I'M GONNA, UM, CALL A VOTE ON THAT MOTION AND I'M GOING TO GO BY THE AGENDA.

SO I'M GOING TO CALL YOUR NAME.

I'M GOING TO ASK YOU TO UNMUTE YOURSELVES.

I'M GOING TO SAY THE BOAT, UH, AFTER YOU SAY IT, JUST TO CONFIRM THAT I'VE GOT IT RIGHT.

SO FAIR, SOBER ON BOATS.

NO VICE-CHAIR OR HURRY BOTH.

SECRETARY GOBER ADVICE OR HURRY VOTES.

SECRETARY TO GO OVER IS ABSENT.

SECRETARY DAN BERG, COMMISSIONER DAN BERG.

YOU'VE JUST BEEN PROMOTED ON ACCIDENT.

COMMISSIONER GREENBERG? YES.

COMMISSIONER KALE VOTES.

COMMISSIONER LARRY'S ABSENT COMMISSIONER LEARNER.

MISSIONAL LEARNER VOTES.

COMMISSIONER MCCORMICK VOTES.

THERE IS A VACANCY IN DISTRICT TWO AND COMMISSIONER VIA LOBOS.

[00:25:02]

WELL, ONE IS THE LONELIEST NUMBER.

UM, THERE BEING ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN EYES, ONE A, UM, NO ONE ABSTAINING AND I BELIEVE TWO ABSENCES IN A VACANCY THAT MOTION PREVAILS.

SO NOW WHEN WE COMMUNICATE WITH THEM, THIS DEADLINE, WHEN, UH, I RECOMMEND THIS IS NOT, EMOTIONS IS A DISCUSSION.

I RECOMMEND THAT WE TELL THEM AT THE SAME TIME THAT WHAT WE EXPECT THE REPERCUSSIONS WOULD BE.

I E WE WERE GOING, WE WILL MOVE FORWARD WITH THE FINAL HEARING ON X DATE, REGARDLESS.

THANK YOU, COMMISSIONER VILLALOBOS.

I THINK, YOU KNOW, THE CONTINUANCE WAS GRANTED, UM, YOU KNOW, WITHOUT SETTING A FINAL HEARING DATE.

UM, UH, AND YOU KNOW, PART OF THAT IS, UH, GENERALLY DONE, YOU KNOW, FOR THE SAKE OF EITHER FLEXIBILITY IN SETTING IT UP THE NEXT IMMEDIATE HEARING OR FINDING A SPECIAL CALLED MEETING DATE.

UM, SO, UH, I THINK KIND OF NOW THAT WE HAVE THIS MOTION AND WE'RE ASKING PARTIES, WE KIND OF SET AN EVIDENTIARY DEADLINE OF MAY 3RD.

UM, I THINK KIND OF BY DEFAULT, THE, UH, FOLLOWING WEDNESDAY, UM, WHICH IS THE 12TH, I THINK IS OUR NORM IS OUR REGULARLY, THE NEXT REGULARLY SCHEDULED MEETING.

UM, SO I THINK THAT WOULD KIND OF BE A NATURAL DATE FOR A FINAL HEARING, BUT IT COULD VERY WELL BE, I GUESS I TECHNICALLY THE WEEK PRIOR, UM, IF THE PARTIES AGREED TO KIND OF ADD A SPECIAL CALLED MEETING ON THE FIFTH.

UM, BUT, UH, YOU KNOW, I, I, IF, IF COMMISSIONERS, IF YOU, IF YOU ALL WANT TO KIND OF VOTE ON DECIDING THAT THIS IS GOING TO BE A HEARING DATE, UM, THAT THAT'S FINE, I'M GOING TO, I WOULD KIND OF ADVISE AGAINST IT, UM, IN PART, BECAUSE, UH, SETTING A HEARING DATE INVOLVED.

SO A BIT OF A SCHEDULE JENGA BETWEEN, UM, THE AVAILABILITY OF CTM, OUR OUTSIDE COUNSEL SCHEDULE, AND THEN THE COMPLAINANT AND RESPONDENT AND THEIR COUNSEL.

UM, I'M HAPPY TO DISCUSS THAT POINT FURTHER IF YOU'D LIKE, SURE.

UH, THIS IS PEDRO.

I UNFORTUNATELY HAVE TO LEAVE A MEETING.

ONE OF MY DOGS HAD SURGERY CAUSE YOU GOT THE ISSUE WITH HER CORNEA.

SO I HAVE, UH, I DO HAVE TO LEAVE RIGHT NOW, UH, DEAL WITH HER.

I APOLOGIZE FOR THAT.

NO NEED TO APOLOGIZE.

YOU'RE EXCUSED AND BEST WISHES FOR YOUR, FOR YOUR FRIEND.

VERY FRIENDLY.

THANK YOU VERY MUCH.

UM, IS THERE ANY OTHER DISCUSSION, UM, ON AGENDA ITEM TWO, UM, COMMISSIONER GREENBERG, I THINK WE SAID SET THE HEARING FOR THE 12TH.

SO, SO THE 12TH WILL BE OUR NEXT REGULARLY SCHEDULED.

I MEAN, IT CAN ALWAYS BE CHANGED.

APPARENTLY WE'VE HAD HEARINGS GET POSTPONED OVER AND OVER AND OVER, BUT AT LEAST WE SHOULD SET THE DATE.

I THINK, I THINK WE CAN MAKE IT OUR INTENTION.

LET'S LET'S CALL IT THAT.

UM, WE SAY THAT, YOU KNOW, LIKE IT SEEMS THAT, UM, I'M JUST READING FROM THE COMMISSION, A STRONG PREFERENCE THAT THE FINAL HEARING BE ON THE 12TH, THE, UH, DATE OF OUR NEXT REGULARLY SCHEDULED MEETINGS.

WELL, I THINK, UM, LEN, GO AHEAD.

I SEE YOU JUST POPPED UP.

UH, THE COMMISSION DOES HAVE THE ABILITY TO SCHEDULE THE FINAL HEARING.

IF, IF, IF THEY WANT TO VOTE ON IT, THEY CAN SCHEDULE A FINAL HEARING FOR MAY 12TH.

THAT'S THE OPTION SUPPORT THAT.

UM, LEGAL QUESTIONS FOR US TO CLARIFY THOSE.

THAT AND COMMISSIONERS, WE WERE WELCOME TO DO THAT.

UH, THE ONLY, THE ONLY KIND OF CONCERN BEING THAT AS LONG AS IT'S WITH THE UNDERSTANDING THAT JUST, YOU KNOW, LET'S KNOW WHAT WE'RE VOTING ON, UM, THAT THERE COULD VERY WELL BE SOMETHING THAT HAPPENS BETWEEN NOW AND THEN THAT WOULD PREVENT THE FINAL HEARING FROM HAPPENING AUSTRALIA.

SURE, SURE.

I DO THINK WE STILL HAVE THE ISSUE OF, UM, WE HAVE MADE A REQUEST TO OUR LAWYER.

SO FOR, UM, TO, TO AMEND THE MEMO, TO HELP US TO LAY OUT THE FURTHER,

[00:30:01]

SO I THINK THAT IS, I THINK THAT WOULD BE, I WOULD SAY PENDING THAT WE HAVE THAT TIMELY AT THAT COMMUNICATION FROM OUR OUTSIDE COUNSEL.

IS THERE A NEED TO UPDATE THE JANUARY 15 FLITTER HAS ANYTHING CHANGED? SO, UH, REAL QUICK, I'M GONNA, I'M GOING TO JUST PUMP THE BRAKES, UM, SINCE WE'RE KIND OF GETTING INTO THINGS THAT WE DISCUSSED IN EXECUTIVE SESSION, I THINK, UM, I THINK OUR OUTSIDE COUNCIL HEARD, UH, HEARD THAT REQUEST ABOUT, UM, GETTING CLARITY ON CERTAIN LEGAL ISSUES.

UM, AND I THINK, I THINK HE'S CAPABLE OF ACTING ON THAT.

UM, BUT, UM, SO COMMISSIONER'S, IF WE'RE, IF WE'RE STILL INTERESTED IN, I DON'T THINK JUST PERMISSION TO LEARN OR TO KIND OF ADDRESS YOUR QUESTION.

I DON'T THINK THAT'S GOING TO REQUIRE ACTION IN OPEN MEETING TO VOTE, TO ASK FOR SOMETHING.

UM, BUT IF WE DO WANT TO SET THAT FINAL HEARING DATE, THEN I THINK THAT, THAT WE COULD, UM, SO I'M, I'M HAPPY TO ENTERTAIN A MOTION TO SET THE FINAL HEARING DATE IF COMMISSIONERS ARE SO INCLINED, SO MOVED.

MAY 12TH.

AND I'M S I'M GONNA INTERPRET THIS AS A MOTION TO HAVE THE FINAL HEARING ON MAY 12TH, 2021.

THAT WAS THE MOTION BY COMMISSIONER GREENBERG.

IS THERE A SECOND? SO COMMISSIONER MCCORMICK SAN FIRST SECONDED BY COMMISSIONER MCCORMICK, A DISCUSSION ON THE MOTION GOING ONCE GOING TWICE SOLD.

I'M GOING TO CALL ROLE IN THE SAME MANNER THAT I DID EARLIER.

AND I'M JUST GONNA ASK THAT YOU UNMUTE YOURSELVES, SAY YOUR VOTE.

I'LL REPEAT YOUR VOTE BACK TO YOU TO CONFIRM, AND WE WILL MOVE ON THAT WAY.

SO CHAIRS SOBER ON BOATS.

I VICE-CHAIR OR HURRY BOTH VICE CHAIR.

HURRY VOTES.

SECRETARY GOBER IS ABSENT.

WE'RE BACK TO COMMISSIONER DANBURG WELL, UM, I'M A BIT CONCERNED THAT AIDS STARTS AT SUNDOWN, WHICH MIGHT PRECLUDE SOME PEOPLE FROM PARTICIPATING, BUT I WILL VOTE.

COMMISSIONER DANBURG VOTES.

COMMISSIONER GREENBERG VOTES.

UM, WHERE DID MY AGENDA GO? COMMISSIONER GREENBURG.

COMMISSIONER KALE.

COMMISSIONER KALE VOTES.

COMMISSIONER LAURIE IS ABSENT COMMISSIONER LEARNER.

COMMISSIONER LERNER VOTES.

COMMISSIONER MCCORMICK, COMMISSIONER MCCORMICK VOTES.

SO VACANCY IN DISTRICT TWO COMMISSIONER VIA LOBOS IS ABSENT.

SO I COUNT ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN EYES, TWO OR THREE ABSENCES AND ONE VACANCY.

UM, GLEN, IS THAT WHERE YOU HAVE SEVEN PLUS FOUR? I THINK THAT'S RIGHT.

SO THE MOTION CARRIES THAT WE WANT THAT FINAL HEARING ON THE 12TH GRADE.

WE'RE ON TO ITEM NUMBER THREE, UM, DISCUSSION AND POSSIBLE ACTION REGARDING THE FOLLOWING.

UH, COMMISSIONERS, ANY OTHER DISCUSSION ON THIS AGENDA ITEM THEN I'LL JUST, UH, USE MY CHEERLEADER PREROGATIVE TO STAY THAT I SHARE THE FRUSTRATION OF A LOT OF COMMISSIONERS THAT THIS IS TAKING AS LONG AS IT'S TAKING.

UM, AND I, IF THE PARTIES ARE LISTENING AT HOME, UM, IT'S, I, I THINK I CAN SPEAK FOR ALL OF US WHEN I SAY THAT WE WANT TO SEE A QUICK RESOLUTION TO THE COMPLAINT.

UM, SO WITH THAT, UH, WE ARE GONNA MOVE INTO ITEM THREE, MR. SHEETS.

THANK YOU VERY MUCH FOR YOUR HELP ON THIS.

I THINK, UM, I THINK THAT CONCLUDES DISCUSSION ON THE ISSUE THAT WE NEEDED OUTSIDE COUNSEL FOR, AND WE WILL BE IN TOUCH AND SEE YOU SOON.

ALRIGHT, WELL I'LL EXCUSE MYSELF.

THANK YOU VERY MUCH.

THANK YOU, SIR.

OKAY, THEN

[3(a) Annual Election of Commission Officers]

UH, FIRST IS THE ANNUAL ELECTION OF COMMISSION OFFICERS, AND THEN WE HAVE THE DRAFT OP-ED BY THE WORKING GROUP ON RACE, IDENTITY AND EQUITY.

UM, SO, UH, THE FIRST, THE ANNUAL ELECTION OF COMMISSION OFFICERS, UM, I THINK, UH, LYNN, UH, YOU CAN CORRECT ME IF I'M WRONG.

WE CAN JUST OPEN THE FLOOR FOR NOMINATIONS, THE BAD, HOW THIS, THAT ALL THIS WORKS.

UM, OUR CHAIR, VICE CHAIR AND SECRETARY.

AND THEN THE THREE OFFICER POSITIONS THAT ARE OPEN,

[00:35:01]

SO COME ON TREASURER.

NO PARLIAMENTARIAN.

OH MAN.

UM, UH, SO I WILL, UH, JUST OPEN THE FLOOR.

I'LL JUST GO TOP TO BOTTOM FOR THESE POSITIONS AND I'LL OPEN THE FLOOR FOR NOMINATIONS FOR CHAIR, COMMISSIONER KALE.

OH, I WOULD LIKE TO NOMINATE, UM, THAT CHAIRS, THAT APPROACH.

AND CAN YOU S UM, THE CHAIR OF OUR COMMITTEE, I THINK HE'S DONE AN OUTSTANDING JOB GUIDING US THROUGH THESE CHALLENGING SITUATIONS AND HE'S, AND ON TOP OF DOING A GREAT JOB, HE'S CLEARLY DEVELOPED, YOU KNOW, THE SKILLS REQUIRED TO KEEP THAT MOMENTUM GOING OVER THE NEXT FEW MONTHS, OR HOWEVER LONG THIS TAKES, YOU KNOW, WHAT, WE'RE STILL GOING VIRTUAL.

AND SO, UM, I THINK HE DO AN OUTSTANDING JOB, UH, SECOND YEAR AS A CHAIR.

THANK YOU VERY MUCH.

AND I SECOND THAT, AND, UM, SINCE I'VE BEEN ON HIS COMMISSION LONGER THAN ANYBODY, CAN, CAN WE DO SOMETHING BLANKET IF THE OTHER OFFICERS DON'T WANT TO SAY OR WANT TO STAY AND MAYBE JUST VOTE ALL AT ONE TIME EXCEPT FOR SECRETARY? SURE.

I DON'T KNOW IF THAT IS AN ORDER.

UM, THANK YOU.

THANK YOU FOR THE SECOND.

THE SECRETARY IS NOT HERE AND IT CANNOT SPEAK FOR HIMSELF.

THE SECRETARY SECRETARY IS, UM, I HAVE BEEN HIS LAST MEETING.

UM, AND, UH, SO, OKAY.

WELL, UM, I, I REALLY APPRECIATE THE, THE CONFIDENCE OF THE NOMINATION AND THE SECOND, UM, I WOULD BE HONORED AND HUMBLED AND HAPPY TO CONTINUE SERVING AS CHAIR, IF YOU'LL HAVE ANY COMMISSIONERS.

UM, IT'S, IT'S BEEN, IT'S BEEN A CHALLENGE AND IT'S BEEN ONE THAT I'VE BEEN EXCITED TO UNDERTAKE, AND I WOULD BE, I WOULD BE HAPPY TO CONTINUE DOING IT.

HOPEFULLY I WOULD BE VERY PRIVILEGED AND HONORED TO BE ABLE TO CHAIR A COMMISSION MEETING IN PERSON.

AND I THINK THIS COMING YEAR, I MAY HAVE THE OPPORTUNITY TO DO THAT.

UM, WHICH WOULD BE GREAT TO SEE YOU ALL AGAIN.

UM, SO I, I'M HAPPY TO, UH, TAKE A VOTE ON, UH, THE NOMINATION OF MYSELF AS CHAIR.

UM, SO I SEE, BUT I SEE COMMISSIONER LEARNER.

GO AHEAD.

WELL, SINCE VICE-CHAIR HURRY IS ALSO HERE.

UM, CAN WE COMBINE THOSE TWO? YEAH, THAT'S A GREAT QUESTION.

UH, LYNN, CAN WE, CAN WE MAKE A TICKET? YEAH, SURE.

THAT'S FINE.

I WOULD LIKE TO MOVE.

I WOULD LIKE TO NOMINATE, VICE-CHAIR HURRY TO, TO A SECOND INTERVIEW.

I'LL, I'LL GLADLY SECOND THAT NOMINATION, UM, UH, YOU KNOW, I THINK VICE-CHAIR HURRY OUTRANKS ME AND SENIORITY IN TERMS OF HOW LONG HE'S BEEN ON THE COMMISSION AND, UH, JUST A SUPER VALUABLE TO HAVE.

UM, SO I THINK, UH, YEAH, I'M A HUNDRED PERCENT BEHIND THAT AND I HAVE SECOND TO DO THE ASTIC READ.

UM, YEAH.

WELL, I AM BLESSED TO BE ON THE INSIDE, BUT UH, THANK YOU FOR THE NOMINATION, MAN.

I WILL, UH, GRACIOUSLY ACCEPTED.

THANK YOU FOR THAT.

NOW WE NEED A SECRETARY AND CAN WE DO A SECRETARY AND COMBINE THEM ALL? SURE, SURE.

WE'LL TAKE IT.

WE SHOULD HAVE BUMPER STICKERS.

UM, IF THEY WANT US TO BE SECRETARY YEAH.

THE FLOOR, THE FLOOR IS OPEN FOR NOMINATIONS PER SECRETARY, WHICH IS BASICALLY TIMEKEEPER, RIGHT.

TIMEKEEPER.

AND, UH, WE'LL CALL IT A PINCH HITTER.

IF THE TEAR AND VICE-CHAIR CAN PRESIDE OVER A MEETING, THEN THE SECRETARY STEPS UP.

SECRETARY IS FREE TO TAKE OVER THE MINUTES.

I WOULD JUST SAY THAT WE DON'T HAVE A LARGE GROUP HERE RIGHT NOW.

THERE'S SEVERAL COMMISSIONERS THAT ARE NOT HERE.

I WOULD, I WOULDN'T RECOMMEND THAT WE HOLD ON THE QUESTION OF SECRETARY UNTIL WE HAVE A DEEPER BENCH OF NOMINEES THAT CAN BE ACCEPTED.

UNLESS THERE IS SOMEONE IN HERE WHO WANTS TO NOMINATE THEMSELVES.

MAKE IT PICK UP FOR THEMSELVES.

THAT'S IT?

[00:40:01]

WELL, YOU KNOW, I DON'T, I DON'T WANT TO CLOSE THE DOOR ON ANY NOMINATIONS FROM THE, THE SEVEN OF US.

UM, SO I'M GONNA JUST, I'M GONNA GO AUCTION STYLE AND SAY GOING ONCE GOING TWICE, THREE TIMES.

THEN I THINK, UH, WHENEVER WE, WHENEVER WE GET TO FUTURE AGENDA ITEMS, I THINK WE CAN, UM, ADD THE ELECTION OF A SECRETARY, UH, IN THAT DISCUSSION.

BUT I THINK THE, THE NOMINATIONS BEFORE US, THE SECOND DENOMINATIONS BEFORE US ARE FOR LOUIS OBERON AS CHAIR AND JAY MICHAEL O'HENRY AS VICE CHAIR.

UM, I THINK I'M GONNA, UNLESS THERE'S FURTHER DISCUSSION, UH, COMMISSIONER, DANBURG PUT YOUR HANDS DOWN, LIKE BACK IN JUNIOR HIGH, PROUD OF YOUR VOTING.

I THINK, I THINK, I DON'T THINK THAT VOTE WOULD COUNT UNDER ROBERT'S RULES.

UM, I'VE NOT CHECKED ROBERT'S RULES IN A WHILE, BUT, UH, I DON'T KNOW IF HEADS UP SEVEN UP IS INAPPROPRIATE METHOD OF CASTING A VOTE, UM, COMMISSIONER MCCORMICK.

NO I WASN'T, BUT MY EYES IT'S AN EMOTIONAL TIME FOR ALL OF US.

THIS IS MY LAST GO ROUND.

BEN.

I CAN'T IN 22.

I'LL BE GONE.

WELL, I THINK YOU SHOULD BE A SECRETARY SECRETARY, SO LET'S GO AHEAD AND VOTE.

SO BETSY FEELS GOOD ABOUT HOW SURE.

UM, COMMISSIONER DANBURG COMMISSIONER GREENBERG.

THEN I'M GOING TO START, UH, IF THERE'S NO FURTHER DISCUSSION, I'M GOING TO START CALLING THE ROLL ON, UM, THE NOMINATIONS OF ALISO BROWN, HIS CHAIR, AND J MICHAEL.

I'VE HEARD HE IS VICE CHAIR.

SO I'M JUST GONNA UNMUTE, UH, OR I'M GOING TO CALL EACH OF YOU.

UH, I'LL HEAR THE VOTE.

I'LL REPEAT THE VOTE BACK TO YOU.

UM, CHAIR SOBER ON UNBELIEF SAYS AYE, VICE CHAIR OR HURTING, UH, VICE CHAIR OR HER HE AN AYE.

SECRETARY COPER IS ABSENT AND LEAVING US.

COMMISSIONER KALE, SORRY.

UH, DANBURY GREENBERG AND KALE WHERE I'S, UH, COMMISSIONER LAURIE IS A YES.

OR IS AN ABSENT COMMISSIONER LEARNER.

I MENTIONED THE LEARNER VOTES.

AYE, UH, COMMISSIONER MCCORMICK, COMMISSIONER MCCORMICK VOTES PI.

THERE'S A VACANCY IN DISTRICT TWO AND COMMISSIONER VIA LOBOS IS ABSENT.

THEN WITH SEVEN EYES, THREE ABSENCES IN ONE VACANCY, IT PASSES.

AND, UM, THANK YOU VERY MUCH COMMISSIONER FOR THE CONFIDENCE.

UM, AND WE WILL, WE WILL DO OUR BEST.

IT'S GONNA BE, IT'S GONNA BE A TIME.

I CAN'T WAIT.

I REALLY GENUINELY CANNOT WAIT TO CHAIR A MEETING IN PERSON WITH YOU GUYS AND SEE YOU AGAIN.

THANK YOU FOR YOUR SERVICE AS LITERALLY AS WELL, BUT, YOU KNOW, I WANT IT TO, I KNOW THAT, UH, COMMISSIONER LERNER RECOMMENDED THAT WE HOLD OFF ON SECRETARY, BUT IF IT'S POSSIBLE, SHE'LL ACCEPT THE NOMINATE COMMISSIONING LEARNER TO BE SECRETARY.

I THINK SHE'D DO A GREAT JOB.

SHE HAS A GREAT PRESIDENCY ON THIS COMMISSION, UH, AS DOES EVERYONE, BUT, UH, JUST WANT TO MAKE THAT OPTION AVAILABLE.

WELL, I WOULD BE HAPPY TO SECOND THE NOMINATION, BUT IT WOULD, UH, YOU KNOW, I DON'T WANT, UM, I DON'T WANT TO FORCE THE POSITION ON ANYONE.

WHO'S NOT EXCITED TO TAKE IT, BUT COMMISSIONER LEARNER, UM, I'M GOING TO PITCH IT TO YOU.

WOULD YOU ACCEPT A NOMINATION TO BE SECRETARY? I MEAN, I THINK I WASN'T TOTALLY AWARE OF WHAT THE, WHAT THE COMMITMENTS WERE.

SO, UM, SO LYNN, IF YOU WANT TO, IF YOU WANT TO GIVE A QUICK RUNDOWN OF THE JOB OF A ERC SECRETARY, I WILL LET YOU, UH, TAKE IT AWAY.

SO, UH, YOU MAIN THING IS THE TIMEKEEPING FOR, UH, SPEAKERS, YOU KNOW, PRESENTATIONS FOR THE EVIDENCE.

UM, AND UH, TYPICALLY I SEND, YOU KNOW, IF I GET THE MINUTES DONE AHEAD OF TIME, I SEND THEM TO THE SECRETARY TO REVIEW.

I'VE RARELY HAD

[00:45:01]

A SECRETARY GIVE ME FEEDBACK ON THE MINUTES.

SO I WOULDN'T CONSIDER THAT A REQUIREMENT.

AND OF COURSE IT IS ALWAYS OPTIONAL FOR THE SECRETARY TO TAKE OVER THE ROLE OF PREPARING THE MINUTES.

SO THAT WAS ONE OF MY CONCERNS.

WELL, WELL, YOUR CAMERA TURNED OFF.

UM, I DON'T KNOW IF THAT'S A GOOD SIGN OR A BAD SIGN.

UM, I'M HAPPY.

I'M HAPPY TO ACCEPT THE NOMINATION, WRITE THAT DESCRIPTION JOB DUTIES.

OKAY, GREAT.

THEN, UH, I THINK AT THAT POINT WE HAVE A NOMINATION BY VICE-VERSA HURRY.

I GLADLY ACCEPTED OR SECONDED, UM, IN THAT COMMISSION WITH COMMISSIONER LEARNER'S ACCEPTANCE OF DENOMINATION.

I'M HAPPY TO JUST RUN THROUGH A VOTE UNLESS THERE'S DISCUSSION ON THE NOMINATION OF COMMISSIONER ALERTED.

IF YOU SECRETARY SEE NO DISCUSSION OR NO, NO ONE CHOMPING AT THE BIT.

I WILL JUST SAY THANK YOU VERY MUCH FOR, UH, ANSWERING THE CALL COMMISSIONER LEARNER.

UM, AND WITH THAT, I'M GOING TO START CALLING OUT THE VOTES GO SAME ORDER AS THEY DID LAST TIME, SAME METHOD THAT I DID LAST TIME SHARE SOBER ON BOATS.

I VICE CHAIR OR HURT, UH, VICE CHAIR OF HURRY BOATS.

I SECRETARY GOBER ABSENT COMMISSIONER DANBURG OH GOSH.

OH GOSH.

SURE, SURE.

WE'LL TAKE THAT AS AN EYE COMMISSIONER GREENBERG.

MISSIONER KALE VOTES.

COMMISSIONER LAURIE IS ABSENT COMMISSIONER LEARNER.

THAT'S PRETTY GOOD.

THAT WAS AN, I WAS THAT NIGHT.

THERE WAS SOME OVER OVERLAP I SAW YES, IN THE NIGHT.

COMMISSIONER LEARNER, UH, SOON TO BE SECRETARY ABOUT AYE COMMISSIONER MCCORMICK COMMISSION TO MCCORMICK VOTES.

THERE WAS A VACANCY IN DISTRICT TWO AND COMMISSIONER VIA LOBOS ABSENT IN THAT BEING SEVEN EYES, THREE ABSENCES AND ONE VACANCY.

I THINK THAT GROUP HILLS CONGRATULATIONS AND WELCOME TO WELCOME TO THE OFFICER'S CLUB SECRETARY LEARNER.

UM, WE'LL BE SURE TO, UH, SEND SECRETARY GOBER THIS PINK SLIP.

UM, THAT WAS A JOKE.

WE'LL MOVE ON TO AGENDA ITEM THREE B.

COMMISSIONERS, UH, WE HAVE SOME OTHER ITEMS TO DISCUSS, UM, UNDER NEW BUSINESS FREEBIE.

UH, WE SEND COMMITTEE SECRETARY GOBER ALL OF OUR LOVE AND APPRECIATION FOR HIS TIME.

I, I DO WISH THAT HE WAS HERE JUST TO SAY GOODBYE CAUSE HE'S BEEN A, HE'S BEEN A GREAT PRESENCE ON THE COMMISSION AS WELL.

UM, SO, UH, WITH THAT,

[3(b) Draft Op-Ed by the Working Group on Race, Identity, and Equity]

SO A DRAFT UP AT, BY THE WORKING GROUP ON RACE IDENTITY AND EQUITY IN COMMISSIONER, KALE, CHAIR AMERITAS.

I THINK YOU HAVE SOME, UH, UPDATES ON THAT.

SO I'M WORKING GROUP OF CHAIR, SOBER OWN AND COMMISSIONER LAURIE HAVE BEEN WORKING ON IT.

WE DO HAVE A DRAFT, UH, IN CIRCULATION AMONG OURSELVES AND WE'RE ALSO WORKING.

UM, LYNN HAS PROVIDED SOME VALUABLE FEEDBACK ON IT AND WE ARE JUST, UM, WORKING ON THE DRAFT AND WE HOPE TO GET SOMETHING TO YOU BY THE NEXT MEETING.

UM, AS WE, YOU KNOW, FLESH OUT SOME OF THE DETAILS OF IT.

MAY 1ST PLEASE? NO VOTING ON MORE DEADLINES.

OH, UM, NO.

AND APPRECIATE THE WORK, UM, THAT COMMISSIONERS KALE AND MARIO PUT INTO IT.

AND I APOLOGIZE THAT I'VE NOT BEEN A MORE ACTIVE PARTICIPANT IN THAT WORKING GROUP.

UM, YOU CAN BLAME THE 87TH LEGISLATURE FOR THAT.

NO, I CAN'T IMAGINE EVERYBODY'S BEEN INCREDIBLY BUSY.

SO I'M JUST PLEASED THAT WE DO HAVE A DRAFT THAT WE'RE, THAT WE'RE, YOU KNOW, PLUGGING A HOLE.

YEP.

AGREED.

WE CAN START TALKING A LITTLE BIT ABOUT AGENDA ITEM FOR A DISCUSSION AND POSSIBLE ACTION REGARDING THE THREE WORKING GROUPS.

WITH THAT, UH, IF THERE'S NO OTHER DISCUSSION ON 3D, UM,

[4. OLD BUSINESS]

I DON'T THINK I GOT TO READ THEM OUT, BUT, UM, ONE THING THAT I WILL MENTION UP TOP AND THEN I'LL OPEN IT TO ANYONE WHO WANTS TO DISCUSS THE WORKING GROUPS.

UM, WORKING GROUP NUMBER TWO IS NOW A WORKING GROUP OF ONES.

UH, NOW THAT SECRETARY GOBER, UM, IS LEAVING US.

UM, SO TAKING THE APPLICATIONS, UM, IT'S THE NOT LIKELY NOT GOING TO BE SUPER COMPETITIVE, UM, TO GET INTO THIS PRESTIGIOUS WORKING GROUP, BUT IF YOU'RE INTERESTED IN JOINING, UM,

[00:50:01]

COMMISSIONER GREENBERG, GO AHEAD.

I THINK YOU NEED TO DO STUFF YET.

THE TWO WORKING GROUPS COULD COMBINE IT'S STILL ONLY FOUR PEOPLE WERE ALLOWED UP TO FIVE AND THERE WAS A GREAT DEAL OF OVERLAP IN THE, UM, SORT OF WHAT WE WERE LOOKING AT YOU.

UM, WE SHOULD HAVE THE INFORMATION THAT WE DIDN'T MEET SINCE A LOT, BUT WITH FOUR OF US, MAYBE WE'LL GET MORE OF THE BALL ROLLING.

THAT IS, THAT IS, THAT IS AN OPTION.

ABSOLUTELY.

UM, I'D BE MUCH LESS LONELY.

UH, I CAN TELL YOU THAT MUCH.

OH, THANKS.

UM, WELL, UH, COMMISSIONERS, I'M HAPPY TO DISCUSS THAT A LITTLE BIT FURTHER.

I MEAN, I THINK THERE'S GOOD SENSE IN IT.

UM, YOU KNOW, WHEN WE HAD INITIALLY ESTABLISHED THESE WORKING GROUPS, THE, UH, THE KIND OF PRIMARY CONCERN WAS THAT NO ONE WORKING GROUP HAD TOO MANY COMMISSIONERS, UM, FOR QUORUM PURPOSES.

UM, THE WORK IN GROUP TWO WAS INITIALLY I BELIEVE IT WAS MYSELF, SECRETARY GOBER AND COMMISSIONER LAURIE LAURIE LEFT THE WORKING GROUP TO SPEND MORE TIME FOCUSED ON OTHER THINGS.

UM, AND NOW THE SECRETARY GOBER IS LEAVING US FOR GREENER PASTURES.

UM, SO, UH, LYNN, I'M GONNA JUST LET YOU CHIME IN, WOULD IT BE PERFECTLY FINE TO COMBINE THE WORK IN GROUPS AND TWO, WE WORK IN GROUP OF FOUR COMMISSIONERS.

YES, THAT IS FINE.

THEN I THINK WE CAN, UH, DO THAT FIND MOTION, UM, UNLESS I DO WANT TO, UH, BEFORE WE KIND OF DO THAT, I DO ALSO WANT TO JUST CHECK IN IF THERE ARE OTHER COMMISSIONERS THAT WANT TO PARTICIPATE IN THE WORKING GROUPS.

UM, UH, I THINK IF WE WERE TO COMBINE THE WORK IN GROUPS, WE WOULD HAVE ROOM FOR ONE MORE.

IS THAT RIGHT WHEN, BEFORE WE TAKE QUORUM? YES.

AND ACTUALLY, UM, IF I HAVE ANOTHER QUESTION FOR YOU WHEN, UM, WITH, UH, BACON NSI ON THE COMMISSION, DOES THAT AFFECT THE THRESHOLD FOR QUORUMS OR IS IT A QUORUM OF THE SEATS? VACANCIES INCLUDED? IT'S ALWAYS A QUORUM OF 11.

JUST DOUBLE CHECKING.

WELL, UH, COMMISSIONERS DISCUSSION ON THE WORKING GROUPS AND I GUESS THE POSSIBILITY OF COMBINING I MOVED TO GREAT, UH, WHO'S.

THAT IS THAT COMMISSIONER ELIMINATOR.

COMMISSIONER LEARNER MOVES TO COMBINED WORKING GROUPS.

IS THERE A SECOND OR A SECOND COMMISSIONER BRIEF.

DISCUSSION ON THE MOTION.

I SEE NO DISCUSSION.

I'LL JUMP IN AND SAY, THAT SOUNDS LIKE A GREAT IDEA.

GREAT IDEA.

UM, AND I LOOK FORWARD TO WORKING WITH ONE, UH, THE MOTION PASSES AND, UM, I, I'M VERY OPTIMISTIC THAT WE ARE GOING TO GET SOME GREAT RESULTS OUT OF THIS NEW, UH, NEW COMBINE WORKING GROUP.

I WAS ABOUT TO MAKE AN ANALOGY THAT I DON'T THINK ANYONE ELSE WOULD GET, BUT ME.

SO, UM, WITH THAT, UH, WE'LL PROCEED TO A VOTE IF THERE'S NO FURTHER DISCUSSION ON, COME ON A MOTION TO COMBINE THE WORKING GROUPS AND I'M NOT SEEING ANY HANDS OR IN BIRTHING EAGER TAKERS.

SO WITH THAT, I'M GOING TO GO TO THE AGENDA AND DO THE VOTE LIKE WE VOTE.

NO, I SAID, YOU'RE ASKING FOR HANDS FOR ABOUT NOPE.

LOOKING FOR HANDS TO SEE IF ANYONE WANTED TO DISCUSS THE MOTION FURTHER.

UM, AND SEEING NONE, UH, WE WILL PROCEED TO A VOTE AND I'LL DO IT THE SAME WAY I'VE BEEN DOING IT.

SO ALL US OUT AS WE APPEAR ON THE AGENDA.

SECRETARY GOBER THE ARTIST FORMERLY KNOWN AS SECRETARY OVER IS ABSENT.

UM, COMMISSIONER DAN BERG.

VOTES.

COMMISSIONER GREENBERG.

COMMISSIONER KALE VOTES.

COMMISSIONER LAURIE IS ABSENT COMMISSIONER LERNER.

I WONDER I SHOULDN'T HAVE LEARNED HER VOTES.

COMMISSIONER MCCORMICK VOTES.

[00:55:07]

I WOULDN'T NEED IT.

YOU'RE GOOD.

I GOT YOU.

THERE'S A VACANCY IN DISTRICT TWO AND COMMISSIONER VIOLA WAS ABSENT AND WITH SEVEN EYES, THREE ABSENCES AND ONE VACANCY.

I THINK THAT MOTION CARRIES, UM, GOT A SUPER WORKING GROUP NOW.

UM, ALL RIGHT, WELL COMMISSIONERS, UH, ANY, ANY FURTHER DISCUSSION ON THE OLD BUSINESS? THERE'S ONE THING I WANTED TO, UM, BRIEFLY MENTIONED THAT IS RELATED TO THE WORK OF THE WORKING GROUPS NOW WORKING GROUP.

UM, AND, UH, BUT I WANTED TO OPEN THE FLOOR IF ANYONE HAS THOUGHTS, UPDATES, COMMENTS ON YEAH.

COMMISSIONER GREENBERG.

UM, WE DID GET AN ORAL PRESENTATION LAST TIME ABOUT, UM, THE ABILITY TO IMPOSE CIVIL FINES.

UM, BUT I DON'T RECALL IF WE GOT ANYTHING IN WRITING AND IF IT'S POSSIBLE TO GET SOMETHING IN WRITING, UM, THAT WOULD BE HELPFUL.

NO, I, I, I THINK YOU MIGHT BE RIGHT.

I DON'T RECALL GETTING, UM, KIND OF A WRITEUP OF THAT EITHER.

UM, BUT LEN I WILL I'LL PASS IT TO YOU.

YOU GAVE IT TO THAT KIND OF WORLD PRESENTATION.

SO THAT WAS, UH, GIVEN AN EXECUTIVE SESSION.

SO IT WAS CONTINENTAL ATTORNEY CLIENT PRIVILEGE.

UM, I WILL CHECK WITH THE CITY ATTORNEY, BUT SHE'LL HAVE TO APPROVE ANYTHING PROVIDED IN WRITING.

WELL THEN, UH, WITH THAT COMMISSIONERS, UM, UH, ALL I WANTED TO SAY ON THE WORKING GROUPS IS THAT, UM, I WANTED TO INFORM EVERYONE, UM, THERE, THERE WAS A LETTER THAT I HAD DRAFTED, UH, TO THE CITY COUNCIL, INFORMING THEM ABOUT THE WORKING GROUPS, AND NOW IT'S A WORKING GROUP, SO THE LETTERS ALREADY FADED, UM, BUT JUST, UH, INFORMING THEM ABOUT SOME OF OUR RECENT EXPERIENCES AND ASKING THEM TO STRONGLY CONSIDER, UM, THE PROPOSALS THAT WE GENERATE, UM, GIVEN SOME OF THE CHALLENGES THAT WE'VE FACED, UH, LETTING THEM KNOW THAT THE WORKING GROUPS ARE OPEN TO INPUT.

UM, BUT, UH, I'M, I'M HAPPY TO ASK LYNN TO FORWARD THAT LITTER ALONG TO THE REST OF YOU.

I THINK I INCLUDED, UM, VICE-CHAIR OR HURRY AND SECRETARY COLBERT IN THAT COMMUNICATION, BUT I'LL MAKE SURE THAT YOU ALL GET A COPY OF THAT LETTER AS WELL.

WE'LL MOVE INTO THE APPROVAL OF MINUTES.

ALL RIGHT.

WITH THAT THEN, UM, ANY OTHER DISCUSSION ON WORKING GROUPS? OKAY.

THEN

[5. APPROVAL OF MINUTES: JANUARY 13, 2021, FEBRUARY 10, 2021 AND MARCH 10, 2021 REGULAR COMMISSION MEETINGS.]

UH, FIRST WE HAVE THE MINUTES FROM THE JANUARY 13TH, 2021 REGULAR COMMISSION MEETING.

UM, ANY, ANY DISCUSSION? I SEE COMMISSIONER MCCORMICK.

I HAVE READ ALL THE MINUTES AND I DON'T, IF I CAN DO THEM ALL AT ONCE.

UH, WELL, COMMISSIONERS, I'M GOING TO JUST OPEN THE FLOOR FOR DISCUSSION ON FIVE .

DOES ANYONE HAVE ANY THOUGHTS ON ANY OF THE MINUTES FOR THE PAST THREE MEETINGS? BECAUSE IF NOT, THEN I'M HAPPY TO HAVE A MOTION THAT COMBINES THEM INTO ONE.

UH, SO THAT WE GROUP THEM ALL.

COMMISSIONER MCCORMICK, MOOCS TO LET'S IF IT'S OKAY.

I'M GOING TO SAY THAT'S A MOTION TO ADOPT THE MINUTES FROM JANUARY 13TH, FEBRUARY 10TH AND MARCH 10TH.

COMMISSIONER MCCORMICK MOVES TO ADAPT.

DO YOU THINK WE'RE IN FEBRUARY AND MARCH? REGULAR COMMISSION MEETING MINUTES.

IS THERE A SECOND? SEE A SECOND FROM COMMISSIONER DANBURG.

IS THERE DISCUSSION ON THE MOTION? I DON'T SEE ANY DISCUSSION.

SO WITH THAT, WE'LL GO INTO A QUICK VOTE, LIKE WE'VE BEEN DOING BEFORE.

SO CHAIR SOBER ON VOTES.

SECRETARY GILBERT IS ABSENT COMMISSIONER DANBURG YES.

VOTES.

COMMISSIONER GREENBERG.

COMMISSIONER KALE RHODES.

OH YES.

MR. LAURIE IS ABSENT COMMISSIONER LEARNER.

MR. LERNER VOTES.

COMMISSIONER MCCORMICK, COMMISSIONER MCCORMICK VOTES.

NOW WE ARE ON TO FUTURE AGENDA

THEY CAN SEE IN DISTRICT TWO COMMISSIONER BE A LOBOS IS ABSENT AND WITH SEVEN EYES, THREE ABSENCES IN ONE VACANCY THAT MOTION PASSES FOR THE MINUTES ARE ADOPTED.

THANK YOU COMMISSIONERS.

UM,

[6. FUTURE AGENDA ITEMS AND ANNOUNCEMENTS]

[01:00:01]

ITEMS. SO ANYONE HAVE ANY FUTURE AGENDA? I THINK WE'VE ALREADY VOTED ON ONE THING.

UM, SO THAT WILL BE A FINAL HEARING.

GET OUR NEXT REGULAR MEETING.

UM, ANYTHING ELSE THAT, UH, WARRANTS INCLUSION FOR DISCUSSION AT OUR NEXT MEETING THAT WE WOULD NOT OTHERWISE HAVE ON THE AGENDA? UH, WHEN YOU HAVE, UH, SOMETHING, SOMETHING THAT YOU WANT TO FLAG FOR US? UH, I JUST WANTED TO POINT OUT THAT I HAVE SENT, UH, ONE NEW COMPLAINT THAT WAS FILED ON APRIL 2ND TO ALL COMMISSIONERS.

AND THE TIMING OF THAT WOULD ALLOW FOR A PRELIMINARY HEARING EITHER AT THE MAY REGULAR MEETING OR THE JUNE REGULAR MEETING.

ALSO THIS MONDAY OF THIS WEEK, WE RECEIVED A NEW COMPLAINT.

AND SO ONCE JURISDICTION IS DETERMINED, I WILL BE FORWARDING THAT, UM, COMPLAINT TO THE COMMISSIONERS, UM, OR CAN FORWARD IT BEFORE THEN, UM, EITHER WAY, BUT THOSE ARE THE TWO NEW COMPLAINTS THAT, UM, THE COMMISSION WILL BE SEEING SOON.