Link

Social

Embed

Download

Download
Download Transcript

[00:00:05]

THEN, WHAT I WILL DO IS UNLIKELY SINCE IT'S SIX OH SIX ALREADY.

I THINK I'M JUST GOING TO START THE MEETING.

UM, IF WE ARE GOOD TO GO.

OKAY.

READY WHEN YOU ARE.

OKAY.

THANK YOU.

SO GOOD

[CALL TO ORDER]

EVENING.

MY NAME IS LUIS, SO BROWN CHAIR OF THE CITY OF AUSTIN ETHICS REVIEW COMMISSION.

I CALL THE ETHICS REVIEW COMMISSION MEETING TO ORDER.

I AM GOING TO, UH, CALL ATTENDANCE IN THE ORDER THAT I SEE YOU ON THE SCREEN.

AND I WILL ANNOUNCE, UM, ABSENCES.

SO FIRST HERE, SO BRAUN IS PRESENT BEN, UM, VICE CHAIR.

OH, HURRY UP.

PRESENT, RIGHT.

COMMISSIONER KALE COMMISSIONER.

MCCORMICK'S RIGHT.

COMMISSIONER HERE, COMMISSIONER GREENBERG HERE, COMMISSIONER LAURIE HERE.

THEN I BELIEVE COMMISSIONERS LEARNER AND VIA LOBOS ARE ABSENT.

UM, AND I AM ACTUALLY MISSING MY AGENDA THAT I HAD IN FRONT OF ME.

UM, I THINK IT IS SAFE TO SAY THAT A QUORUM IS PRESENT.

UM, SO I'M GONNA JUST SAY A QUORUM IS PRESENT.

UM, SO, UH, FIRST, BEFORE WE GET INTO INTERRUPT YOU, SORRY, GO AHEAD.

UM, SO, UH, COMMISSIONER VILLALOBOS IS NO LONGER ON THE PERMISSION, BUT WE SHOULD HAVE, UH, COMMISSIONER STANTON, COMMISSIONER WINS, STANTON.

ALL RIGHT.

I DO NOT SEE A COMMISSIONER WHEN STANTON, UM, YET JOINED.

UM, SO WHEN MARTIN IS ABSENT AND IF THEY, UH, APPEAR LATER, WE WILL ACKNOWLEDGE AND KIND OF NOTE THEIR PRESENCE.

OKAY.

BUT ABSENT THAT I DO BELIEVE WE HAVE A QUORUM.

WE HAVE ONE MORE NAME NAKEY, KENNY YUCA.

YES.

I DO NOT SEE, DO NOT SEE THEM EITHER.

UH, UM, MS. TINNY, UH, COMMISSIONER TINNY, YUCA CANNOT PARTICIPATE IN DISCUSSION OR BOTH BECAUSE SHE STILL NEEDS TO ATTEND REQUIRED TRAINING.

SO SHE IS JUST OBSERVING.

UM, AND YOU DO NOT NEED, COUNT HER PRESENT FOR RIGHT.

GOT IT.

THEN I'M GOING TO PROCEED WITH NOTING THAT WE DO HAVE A QUORUMS, UH, FOR PURPOSES OF CONDUCTING BUSINESS.

UM, WHAT I'M GOING TO DO AT THAT POINT IS MOVE ON TO CITIZEN

[CITIZEN COMMUNICATION: GENERAL]

COMMUNICATION.

UM, SO I THINK WE HAVE TWO SPEAKERS WHO ARE REGISTERED TO SPEAK FIRST.

WE HAVE MS. TIFFANY WASHINGTON REGISTERED, REGISTERED TO SPEAK ON AGENDA ITEM ONE C, WHICH IS THE SAME AS ITEM TWO B UM, IS MS. WASHINGTON WITH US? HELLO? YES, I AM WITH YOU.

HI, MS. WASHINGTON.

UM, THANK YOU FOR JOINING US.

WOULD YOU, WOULD YOU WANT TO SPEAK NOW OR, UM, YOU ALSO HAVE THE OPTION OF SPEAKING WHEN AGENDA ITEM TWO B IS CALLED UP.

UM, DO YOU HAVE A PREFERENCE? UM, I CAN SPEAK THEN.

THAT'S FINE.

OKAY.

THEN WE'LL GET BACK TO YOU WHENEVER WE GET TO AGENDA ITEM TWO B.

UM, OKAY.

THANK YOU.

CAN WE WARN HER THOUGH THAT WE GOT AN EXECUTOR AND BEFORE THAT AND A BUNCH OF OTHER STUFF WHEN I READ THAT IT, NO, THAT'S VERY FAIR.

THANK YOU, COMMISSIONER DANBURY.

SO MS. WASHINGTON, JUST FOR YOUR AWARENESS, UM, UH, SHORTLY AFTER WE'VE WE FINISHED WITH THE CITIZENS COMMUNICATION, WE'LL BE GOING INTO EXECUTIVE SESSION AND THAT CAN TAKE ANYWHERE FROM 15 MINUTES TO AT TIMES IT'S GONE TO AN HOUR.

UM, WOULD YOU STILL BE COMFORTABLE, UH, WAITING UNTIL AFTER THE EXECUTIVE SESSION? OKAY.

THEN, UH, WHENEVER YOU'RE READY, YOU HAVE THREE MINUTES TO SPEAK.

UM, AND I WILL, UM, I'LL LET YOU KNOW WHEN YOUR TIME IS UP, BUT WHENEVER YOU ARE READY, YOU CAN GO AHEAD.

OKAY.

THANK YOU.

GOOD AFTERNOON.

MY NAME IS TIFFANY WASHINGTON.

I'M AN AUSTIN RESIDENT AND BUSINESS OWNER.

I, I AM ALSO A US NAVY VETERAN AND I'M THE GRANDDAUGHTER OF RENOUNCED CIVIL RIGHTS LEADER, DORKY PENNER.

I'M HERE TODAY

[00:05:01]

AS A CONCERNED CITIZEN OF, AND FOR THE COMMUNITIES, THE LACK OF ETHICAL HONOR, COURAGE AND COMMITMENT TO OUR COMMUNITY IS LOST.

PERIOD.

NOT ONLY DOES OUR COMMUNITY FIGHT DAILY TO SURVIVE, BUT WE FIGHT DAILY FOR RESPECT, TRUTH, HONESTY, AND TRANSPARENCY.

WE ARE TIRED OF BEING BRUSHED ASIDE UNDER THE PRESUMPTION OF IGNORANCE OR TO BE FACED WITH RETALIATION FOR USING OUR RIGHT TO SPEAK TO THOSE OFFICIALS.

WE ARE MADE TO REPRESENT OUR INTERESTS.

I REMAIN I'LL TALK AT THE EASE WITH WHICH LOCAL LEADERS PLACE THEMSELVES ABOVE THE PEOPLE WITH VIOLATIONS OF CODES OF CONDUCT ARE RAMPANT AND BLATANT, NOT ONLY WITH OUR CITY LEADERSHIP, BUT LOCAL ORGANIZATIONS WHO THE EXPERIENCE COMMUNITY INITIATIVES AND IDEAS FROM RESIDENTS POSITIONING THEMSELVES AS GATEKEEPERS AND REMOVING THE VOICE OF THE PEOPLE FROM GRASSROOTS ORGANIZING AND SIMPLE FREEDOM OF SPEECH.

AS A VETERAN, OUR USE THE RIGHTS ARE FOUGHT FOR AND DEMAND, RESPECT WHILE DOING SO NO ONE SHALL MAKE ME UNCOMFORTABLE OR SET PRECEDENT FOR BROKEN LOCAL GOVERNMENT COMMUNICATION WITH THE PEOPLE ON MY WATCH, AS I SAID WITH HONORS.

SO SHALL YOU.

THANK YOU.

THAT'S ALL I HAVE FOR YOU GUYS TODAY.

THANK YOU VERY MUCH, MS. WASHINGTON.

WE APPRECIATE IT.

UM, UH, COMMISSIONER DANBURG.

I DO SEE YOUR HAND.

I WANT TO, UM, REMIND YOU THAT, UH, WE'RE WE DON'T USUALLY, UM, KIND OF OPEN THE DOOR TO QUESTIONS FOR CITIZENS COMMUNICATION, BUT I'M HAPPY IF YOU'VE GOT A COMMENT YOU'D LIKE TO MAKE.

WELL, I, I JUST WANTED TO THANK MS. WASHINGTON FOR SERVICE AND ASK HER AGAIN, WHO HER RELATIVE, WHO WAS A CIVIL RIGHTS ACTIVIST WISE.

I, I COULDN'T QUITE HEAR HER.

SURE.

MS. WASHINGTON AND CHRISTO.

UM, YEAH, YEAH.

YES.

MA'AM MY GRANDMOTHER'S NAME WAS DOROTHY TURNER.

GOT IT.

WELL, WELL, THANK YOU AGAIN, MS. WASHINGTON FOR BEING HERE FOR YOUR SERVICE AND FOR, FOR PARTICIPATING, WE APPRECIATE IT.

OKAY.

ALL RIGHT.

WELL NEXT ON CITIZEN COMMUNICATIONS, WE HAVE MS. UH, CHIVAS WATSON, UM, OR MR. CHIVAS, WATSON.

I APOLOGIZE IF I MISPRONOUNCED THAT.

UM, ARE YOU WITH US, UH, ON THE LINE? THEY'RE NOT ON THE ONE.

OKAY.

THEY'RE NOT ON THE LINE.

UM, OKAY.

UH, LYNN, I'M GOING TO ASK YOU IF AT SOME POINT, UH, HE DOES COME ON THE LINE.

UM, WE BE ABLE TO SAY BETWEEN AGENDA ITEMS, UH, HEAR WHAT HE HAS TO SAY, UH, THAT IS UP TO THE CHAIR.

WE WOULD NOT BE GOOD TO INTERRUPT A HEARING FOR THAT.

AND TECHNICALLY THE SPEAKERS ARE SUPPOSED TO BE ON THE LINE WHEN WE GET TO CITIZENS COMMUNICATION, BUT THE, IF THE CHAIR WANTS TO ACCOMMODATE IN THAT MANNER, THEN WE WILL JUST NEED TO ASK HIM TO WAIT UNTIL A HEARING IS OVER BEFORE.

UM, WE RECOGNIZE HIM.

OKAY, WELL, LET'S DO THAT.

UM, YOU KNOW, I DON'T WANT TO, UH, IF HE, IF HE TIMED THE COLLIN, UH, UH, A LITTLE, A LITTLE OFF, THEN I DON'T WANT TO KIND OF PENALIZE THAT.

SO IF, IF HE DOES JOIN US, UM, IF YOU CAN JUST LET US KNOW AND LET HIM KNOW THAT, UM, UH, IF WE'RE IN THE MIDDLE OF ONE OF OUR HEARINGS, THAT WE WILL, UH, WE'LL TAKE HIS THREE-MINUTE COMMENT, UM, AT THAT TIME.

WE'D APPRECIATE IT.

OKAY.

THANK YOU SO MUCH.

UM, SO COMMISSIONERS, UM, IF THERE ISN'T ANY OBJECTION I WANTED TO KIND OF JUST, UH, ROADMAP THAT EVENING.

UM, WHAT I WOULD INTEND TO DO IS TAKE UP ITEM TWO B, WHICH IS MS. OVERTURES COMPLAINT AGAINST, UH, MAYOR PRO TEM HARPER, MADISON, UM, FIRST AND THEN PROCEED TO THE OTHER TWO HEARINGS.

UM, I AM, UH, I AM NOT SURE THAT I WILL BE ABLE TO PRESIDE OVER ALL THREE HEARINGS, GIVEN MY, UH, WORK OBLIGATIONS AT THE MOMENT.

UM, AND SINCE THE VICE CHAIR, UH, IS RECUSING FROM THAT ITEM SPECIFICALLY, UM, I THOUGHT IT WOULD BE APPROPRIATE FOR ME TO PRESIDE OVER THAT HEARING.

AND THEN IF THE NEED BE, UH, TURN THE REIGNS OVER TO THE VICE CHAIR TO PRESIDE OVER THE OTHER TWO HEARINGS.

UM, SO THAT'S OKAY WITH EVERYONE THEN WE'LL PROCEED ACCORDINGLY.

UM, AND WITH THAT, UH, WANTED TO JUST, UH, THINK OF ALREADY MADE THAT RECUSAL ANNOUNCEMENT.

UM, SO THE FIRST

[1. EXECUTIVE SESSION]

AGENDA ITEM IS TO GO IN TO EXECUTIVE SESSION.

LET ME GET THAT SCRIPT READY.

SO WITHOUT OBJECTION, THE ETHICS REVIEW COMMISSION WILL GO INTO CLOSED SESSION TO TAKE UP ONE ITEM,

[00:10:01]

EXCUSE ME, THREE ITEMS PURSUANT TO SECTION FIVE, FIVE, 1.07.

ONE OF THE TEXAS GOVERNMENT CODE.

THE ETHICS REVIEW COMMISSION WILL CONSULT WITH LEGAL COUNSEL ON LEGAL ISSUES RELATED TO FOLLOWING THE COMMISSION MAY GO INTO EXECUTIVE SESSION TO DISCUSS A COMPLAINT FILED BY JOE CASINO WHO COMES OUT OF SWINGER, WHICH COMPLAINT ALLEGES VIOLATIONS OF CITY CODE CHAPTER TWO DASH TWO, CAMPAIGN FINANCE SECTIONS TWO DASH TWO DASH TWO THREE AND TWO, TWO, TWO SIX B COMPLAINTS FILED BY MARK LITTLEFIELD.

WE CAN SAY BOSTON NOW ITS WORDS, VIOLATIONS OF CITY CODE CITY CODE SECTIONS TWO DASH TWO DASH TWO THREE AND TWO DASH TWO DASH TWO SIX, AND THEN SEE A COMPLAINT FILED BY OLIVIA OVERTOOK MAYOR PRO TEM, NATASHA HARPER, MADISON, WHICH LETS US VIOLATION OF CITY CODE CHAPTER TWO DASH SEVEN, ETHICS AND FINANCIAL DISCLOSURE SPECIFICALLY SECTION TWO DASH SEVEN DASH SIX TWO B.

IS THERE ANY OBJECTION TO GO INTO EXECUTIVE SESSION ON THE ITEMS? JUST ANNOUNCED? NO OBJECTION, BUT I WILL BE RECUSING MYSELF, WHICH MEANS I WILL BE OUT OF THE ROOM FOR THE PORTION OF THE EXECUTIVE SESSION DEALING WITH I BELIEVE AGENDA ITEM TO BE GREAT.

THANK YOU FOR THAT.

AND WE'LL, WE'LL BE SURE TO COMMUNICATE WITH YOU ONCE WE'VE COMPLETED THAT DISCUSSION SO YOU CAN REJOIN THE EXECUTIVE SESSION.

OKAY.

OKAY.

THANK YOU FOR THAT.

SO WITHOUT OBJECTION, UM, THE COMMISSION WILL NOW GO INTO EXECUTIVE SESSION.

THE TIME IT'S SIX, 17:00 PM.

COMMISSIONERS WILL JOIN THAT EXECUTIVE SESSION WEBEX LINK.

UM, AND THEN ONCE WE'RE DONE, WE'LL COME BACK HERE.

THANK YOU.

AND I'LL SEE Y'ALL ON THE OTHER SIDE.

THANKS.

SO WE ARE OUT OF CLOSED SESSION.

THE TIME IS 7:11 PM IN CLOSED SESSION.

WE TOOK UP AND DISCUSS LEGAL ISSUES RELATED TO A COMPLAINT FILED BY JUST CASINO AGAINST OTTO SWINDLER, WHICH COMPLAINT ALLEGED OF CITY CODE CHAPTER TWO DASH TWO, SECTIONS TWO TO 23 AND TWO TO 26 B COMPLAINTS FILED BY MARK LITTLEFIELD AGAINST STATE BOSTON NOW, WHICH ALLEGED VIOLATIONS OF CITY CODES AFTER CITY CODE SECTIONS TWO TO 23 AND TWO TO 26 C COMPLAINT FILED BY OLIVIA OVER TURF AGAINST MAYOR PRO TEM, NATASHA HARPER, MADISON, WHICH ALLEGED VIOLATION OF CITY CODE CHAPTER TWO SEVEN, UH, SECTION TWO SEVEN 62 B.

OKAY.

NOW THAT WE'RE BACK IN OPEN SESSION, WE ARE GOING TO PROCEED ON THE AGENDA TO OUR, I BELIEVE IT IS OUR NEW BUSINESS.

OKAY.

SO AGENDA ITEM TWO IS OUR PRELIMINARY HEARING.

AND THEN AGENDA ITEM THREE IS GOING TO BE YOUR FINAL HEARING.

BEFORE WE WENT INTO THAT, I JUST WANTED TO MAKE THE ATTENDEES, UM, AWARE THAT GIVEN THE, UM, GIVEN THE ATTENDANCE OF THE COMMISSIONERS, UM, AND THE FACT THAT IT TAKES SIX AFFIRMATIVE VOTES TO DO A THING, UM, AND THAT ON ANY GIVEN COMPLAINT, WE ARE LIKELY ONLY GOING TO HAVE SIX COMMISSIONERS.

UM, AT, AT EACH POINT, ONCE WE GET TO EACH AGENDA ITEM, WE'RE LIKELY GOING TO HAVE A KIND OF FRANK DISCUSSION ABOUT WHETHER OR NOT THIS HEARING SHOULD BE POSTPONED.

I WANTED TO SAY THAT UPFRONT FOR EVERYONE WHO'S LISTENING, UM, JUST TO KIND OF BE READY FOR THAT DISCUSSION, UH, IN ANY KIND OF INTEREST OF TRANSPARENCY SO THAT WE'RE NOT SURPRISED ONCE WE GET TO EACH AGENDA ITEM.

SO JUST COMMISSIONERS OUT, I'M HAPPY TO ENTERTAIN A COMMENT, UH, ON THAT IF YOU HAVE SOMETHING TO SAY, BUT OTHERWISE I'M GOING TO FIND THE RIGHT SCRIPT TO MOVE US INTO THE NEXT ITEM.

OKAY.

THEN IN THAT CASE, UM, WE'LL PROCEED

[2.(b) A complaint filed by Olivia Overturf against Mayor Pro Tem Natasha Harper-Madison, which complaint alleges violation of City Code Chapter 2-7 (Ethics and Financial Disclosure) Section 2-7-62 (Standards of Conduct) subsection (B).]

TO ITEM TWO B AS PREVIOUSLY DISCUSSED, UM, UH, BEFORE WE WENT INTO EXECUTIVE SESSION VICE-CHAIR OR HARRY WILL BE RECUSING HIMSELF FROM THIS ITEM, AND THEN HE'LL BE REJOINING US AFTER THE FACT FOR THE OTHER ITEMS IN OUR MEETING TODAY.

SO WE WILL SEE YOU SOON, VICE CARE.

THANK YOU.

OKAY.

SO THE NEXT ITEM THAT WE'RE TAKING OUT OF ORDER IS ITEM TO BE A COMPLAINT FILED BY OLIVIA OVER TURF AGAINST MAYOR PRO TEM, NATASHA HARPER, MADISON, WHICH COMPLAINT ALLEGES VIOLATION OF CITY CODE CHAPTER TWO DASH SEVEN, ETHICS AND FINANCIAL DISCLOSURE, SECTION TWO SEVEN 62, SUBSECTION B.

SO, UM, I AM GOING TO PARAPHRASE THE PROCEDURES THAT WE ARE GOING TO FOLLOW IN OUR PRELIMINARY HEARINGS.

UM, UH, THE PARTIES, BOTH THE COMPLAINANT AND THE RESPONDENT SHOULD HAVE RECEIVED THESE PROCEDURES BEFOREHAND.

SO THEY SHOULD BE AWARE, BUT IN THE INTEREST OF TRANSPARENCY TO REITERATE THEM AGAIN, I'M HAPPY TO GO OVER, UM, A COUPLE OF THINGS.

SO FIRST THE COMPLAINANT'S GOING TO STATE

[00:15:01]

THE ALLEGED VIOLATION AND THEN TESTIMONY AND THE KIND OF TESTIMONY AND EVIDENCE THAT'S GOING TO BE OFFERED AT THE FINAL HEARING.

UM, SO THE COMPLAINANT IN THIS CASE IS OLIVIA OVER TURF.

FIRST, MS. OVERTOOK, ARE YOU HERE WITH US? FEEL FREE TO UNMUTE YOURSELF.

CAN YOU HEAR ME? YOU ASKED ME TO INTERRUPT PLEASE.

UM, CHAIR.

SO BROWN, YOU ASK US TO LET YOU KNOW WHEN THE PUBLIC SPEAKER WAS HERE.

I DON'T KNOW IF MR. WATSON IS SPEAKING ON THIS ITEM.

HE NEEDS TO SPEAK BEFORE WE START THE PRELIMINARY HEARING.

OKAY.

THEN IN THAT CASE, UH, LET'S UH, BACK UP A LITTLE BIT, UM, WE'LL BE ON IF, IF HE'S AVAILABLE AND ON THE LINE, THEN WE CAN GO TO CITIZEN COMMUNICATION, UM, FOR THREE MINUTES TO HEAR WHAT MR. WATSON HAS TO SAY.

UM, MR. WATSON, CAN YOU TELL ON THE LINE? HI, MR. WATSON.

THANK YOU.

UM, AND THANK YOU FOR YOUR PATIENCE.

UM, HOW ARE YOU DOING TODAY? I'M DOING AS WELL AS CAN BE UNDER THE CIRCUMSTANCES, STILL IN NEED.

MANY PEOPLE ARE STILL IN NEED BECAUSE OF MAYOR PRO TEMPS DECISIONS.

SO YEAH, I AM SPEAKING TO THAT ITEM.

THAT WAS JUST, YEAH.

GREAT.

GREAT.

WELL, MR. WATSON, THEN, UM, I'M HAPPY TO GIVE YOU, UM, YOUR, A LOT OF THREE MINUTES TO SPEAK ON THAT ITEM.

UM, I WILL GIVE YOU, UM, A HEADS UP WHEN YOU'VE HIT THAT THREE MINUTES, UH, TO KIND OF FINISH THE THOUGHT, UM, OR THE SENTENCE.

UM, BUT WHENEVER YOU'RE READY, MR. WATSON, WE'RE HAPPY TO, UH, LET YOU GET STARTED.

I AM WALKING OUT OF WHERE I AM.

GIVE ME LIKE 10 SECONDS.

YOU'RE TOTALLY FINE.

WHENEVER YOU'RE AT A PLACE WHERE YOU CAN START, LET ME KNOW AND, UH, JUST START SPEAKING AND THEN I'LL HIT THE START ON THE TIMER.

TAKE YOUR TIME.

ALL RIGHT.

SO SORRY.

AGAIN, MY NAME'S CHEVYS WATSON.

I AM THE, UH, LEAD ORGANIZER AND ADMINISTRATOR FOR WORKING GROUP FIVE, ONE TWO.

THAT IS A MULTICULTURAL COMMUNITY COLLECTIVE.

AND I ONLY SAY THAT BECAUSE WE ARE INTIMATELY INVOLVED IN THE WAR OUTSIDE BECAUSE WE ARE, WE DO KNOW THE MAYOR PRO TEMP IN A UNIQUE WAY SINCE BEFORE HER CAMPAIGN, BEFORE HER CAMPAIGN, WE WITH WORKING GROUP FIVE, ONE, TWO HAVE HAD TO ENDURE THE NATASHA THAT YOU ALL, OBVIOUSLY DON'T KNOW THE ONE WITH AN UNETHICAL APPROACH TO JUST ABOUT EVERYTHING.

JUST LIKE IN OCTOBER OF 2018, WHEN HER AND HER POLICE, UH, HER FIRE MEN, HUSBAND PHYSICALLY ASSAULTED ME AT FULL CIRCLE BAR ON 12TH.

AND TACOME AGAINST PENAL CODE ARTICLES, PENAL CODE 22.01, TITLE ASSAULT BY OCCLUSION SHORTLY THEREAFTER, SHE RECEIVED A REPRIMAND FOR COMP CAMPAIGN FINANCE VIOLATIONS, WHICH I HELPED CULTIVATE MEANINGFUL REPORTING.

SO NOW THAT WE'RE TWO YEARS LATER, THREE YEARS LATER, THERE'S REALLY NOTHING DIFFERENT, NOTHING NEW UNDER THE SUN IS THE BOOK OF ECCLESIASTES.

BECAUSE DURING THAT TIME IN 2018, I KNEW ONE THING ABOUT NATASHA.

AND THAT WAS ONE THING CLEAR THAT SHE WAS A STAKEHOLDER WITH THE 12TH STREET MERCHANTS ASSOCIATION, WHICHEVER WAY YOU WANT TO CALL IT.

SHE COULD BE TINA MARIE, RICK, JAMES, WHATEVER PERSONALITY SHE WANTS TO BE TODAY.

SHE WAS A STAKEHOLDER YEARS LATER AS THE RECENTLY NAMED MAYOR PRO TEM.

HOWEVER THAT HAPPENED AGAINST SUCH UNETHICAL NATURE, IT'S COME TO WHERE MY EGO AND IDENTITY AND WHOEVER SHE IS, DOESN'T MATTER WHEN IT PERTAINS TO REAL PEOPLE, NEEDING REAL SOLUTIONS, GOING THROUGH REAL BARRIERS.

IT REAL DISASTER.

IT IS COMPLETE NEGLIGENCE.

OTHER NEGLIGENCE THAT THE MOUNT CARMEL VILLAGE IN EAST AUSTIN HAS ENDURED THE PESTILENCE IN THE NEAR MAMMON THAT THEY HAVE.

I DO NOT KNOW HOW ONE COULD BE A CITY COUNCIL, WOMAN, AND RISE ABOVE THE RANKS

[00:20:01]

TO MAYOR PRO TEM AND NOT OBSERVE TALKER REPORTS, GENERAL MAINTENANCE REPORTS FOR PUBLIC HOUSING IN HER DISTRICT.

I DON'T THINK THERE'S ONE OF YOU THAT YOU TELL ME THAT, THAT DOESN'T COME ACROSS HER DESK.

SO WHEN IT COMES TO MOUNT CARMEL, HAVING THEIR GAS MANUALLY CUT OFF AND GOING, NATASHA POPS UP, UH, 25 IN THE 25TH HOUR TALKING ABOUT SHE'S GOING TO DISPATCH SUPPORT THAT ONLY STARTED HER, UM, CREATED THE DISPARAGING, UH, FACTOR IN MOUNT CARMEL TO THE RESIDENCE.

IT WAS PRETTY, IT WAS PRETTY, EVERYBODY WAS PRETTY MUCH A LOOP ON WHO WAS THE OWNERSHIP, WHO WAS RESPONSIBLE FOR THESE NAMES AND ENTITY.

AND I LIKE TO SAY FOR EVERY INTENT OF PURPOSE, WHEN YOU'RE DEALING WITH ETHICS, IT SHOULD BE KNOWN THAT THIS WOMAN, THIS ELECTED OFFICIAL HAS KNOWN ABOUT THIS APARTMENT COMPLEX FOR YEARS, SHE'S BEEN ON THE NEGLIGENCE AND THE DISSIDENTS, NO PUBLIC OFFICIALS, NO ELECTED OFFICIALS SHOULD BE ALLOWED TO HAVE SUCH A CONFLICT OF INTEREST IN DOING BUSINESS.

HI, MR. WATSON, CAN YOU HEAR ME? UM, I WAS GOING TO LET YOU THERE, UH, I APPRECIATE YOUR COMMENTS.

I WAS GONNA LET YOU FINISH YOUR THOUGHTS.

THE THREE MINUTES ARE EXPIRED, BUT IF YOU WANTED TO COMPLETE THE SENTENCE.

ABSOLUTELY.

SO GO AHEAD.

BUT SHE HAD, THANK YOU.

SO HER KNOWING THIS OBVIOUSLY OFFENDING IN THIS YEAR, I DO NOT SEE HOW SHE COULD BE SO REACTIVE.

SO THE MOUNT CARMEL VILLAGE, I DON'T SEE HOW SHE COULD BE SO UNAWARE AS TO WHAT THE NEEDS TRULY ARE.

WHEN SHE'S HAD REPORTS, SHE'S HAD EVERY OPPORTUNITY TO GO SPEAK TO THESE PEOPLE.

I LET SOME OTHERS SPEAK ABOUT HER VIOLATIONS AS IT PERTAINS TO ETHICS IN CERTAIN MEETINGS LATELY.

BUT I WANT TO STAND ON THE ETHICAL, THE UNETHICAL NATURE OF HER ENTIRE EXISTENCE AS MAYOR PRO TEM, AS ANY ELECTED OFFICIAL WITH HER, KNOWING THE INFORMATION THAT SHE KNEW ABOUT MOUNT CARMEL OR OTHER APARTMENT COMPLEXES IN DISTRICT ONE.

AND SHE DID NOTHING ABOUT IT UNTIL IT WAS TOO LATE.

I THANK YOU ALL FOR THE TIME AND THE SPACE.

THANK YOU, LYNN.

THANK YOU, MR. WATSON.

UM, OKAY, WELL COMMISSIONERS, UH, WITH THAT, UM, WE WILL PROCEED INTO ITEM TWO B.

UM, AND I'M GONNA LET THE RECORD REFLECT THAT, UH, OUR, ONE OF OUR NEWEST COMMISSIONERS, UH, COMMISSIONER WINTER STANTON IS JOINING US.

UM, PLEASURE TO HAVE YOU, UM, THANK YOU.

MY APOLOGIES FOR JOINING LATE.

I'M JUST HAVING ALL KINDS OF TECHNICAL DIFFICULTIES THIS EVENING.

APPRECIATE YOUR PATIENCE AND NOT A PROBLEM.

WE ON THE COMMISSIONER, WELL ACQUAINTED WITH TECHNICAL DIFFICULTIES.

UM, SO, UH, BUT WE'RE HAPPY TO HAVE YOU, UM, OF COURSE.

SO, UM, WITH THAT COMMISSIONERS, WE'RE GOING TO, UH, GO BACK TO ITEM TWO B AND AGAIN, THIS IS A COMPLAINT FILED BY OLIVIA OVERTURNED BECAUSE MAYOR PRO TEM, NATASHA HARPER, MADISON, WHICH COMPLAINT ALLEGED VIOLATION OF CITY CODE CHAPTER TWO SEVEN, SECTION TWO SEVEN SIX TWO B SPECIFICALLY.

UM, I'M GOING TO BRIEFLY GO OVER THE, UM, PROCEDURES AGAIN.

I BELIEVE WE HAVE MS. UH, OLIVIA OVERTURN HERE.

UM, IF YOU WANT TO UNMUTE YOURSELF AND JUST CONFIRM THAT YOU'RE HERE, SO PITCHER GREAT.

SO THE COMPLAINANTS GOING TO STATE THE ALLEGED VIOLATION, AND THEN DESCRIBE THE TESTIMONY AND EVIDENCE THAT WOULD BE OFFERED AT A FINAL HEARING.

THE RESPONDENT'S GOING TO HAVE AN OPPORTUNITY TO RESPOND AT A P AT THE PRELIMINARY, BUT THE RESPONDENT IS NOT REQUIRED TO ATTEND OR MAKE A STATEMENT AT THE HEARING.

UM, BUT THEY CAN DESCRIBE IN NARRATIVE FORM THE KIND OF TESTIMONY OR OTHER EVIDENCE THAT WOULD BE PRESENTED TO DISPROVE THE ALLEGED VIOLATION OF THE RESPONDENT.

I DON'T BELIEVE IS PRESENT AT THIS HEARING.

UM, SO ALL STATEMENTS BY THE PARTIES AT THE PRELIMINARY HEARING ARE UNDER OATH AND EACH SIDE, IN THIS CASE, THE COMPLAINANT WILL HAVE 10 MINUTES PER PRESENTATION, UNLESS THE CHAIR DECIDES TO EXTEND THE TIME.

UM, NOT THAT IT IS APPLICABLE HERE, BUT FOR, FOR REFERENCE, THERE'S NO CROSS EXAMINATION.

AND THEN ONCE THE PRESENTATION IS OVER, THE COMMISSIONERS CAN ASK QUESTIONS OF THE PARTIES.

SO COMMISSIONERS, BEFORE WE GO INTO THE PRESENTATION BY THE COMPLAINANT, ARE THERE ANY QUESTIONS? OKAY.

SEEING NONE, MS. OVERTOOK, YOU WILL HAVE 10 MINUTES.

I AM GOING TO HAVE A TIMER WITH ME.

UH, AND WHEN YOU GET TO 10 MINUTES, I WILL LET YOU KNOW, AND I'LL LET YOU FINISH YOUR THOUGHT OR YOUR SENTENCE, UM, AT THAT TIME.

SO WHENEVER YOU ARE READY, YOU CAN BEGIN AND I'LL START THE TIME.

OKAY.

THANK YOU.

UM, GOOD EVENING.

MY NAME IS OLIVIA OVER TURF AND I BROUGHT FORTH THIS ETHICS COMPLAINT.

CAN YOU HEAR ME? OKAY, GREAT.

THANKS.

UM, UM,

[00:25:01]

I BROUGHT FORTH THIS ETHICS COMPLAINT AGAINST MAYOR PRO TEM, THE TASHA HARPER MEDICINE.

I'VE SUBMITTED A PDF FILE.

THE EVIDENCE I'LL BE CORRELATING.

MY STATEMENT WITH, I HOPE THAT, UM, YOU GUYS HAVE HAD A CHANCE TO REVIEW THE EVIDENCE PACKET.

UM, THAT BEING SAID, LET ME SPEAK IN, UM, MY COMPLAINT, AS THE CHAIR SAID WAS, UM, IN VIOLATION OF THE STANDARDS OF CONDUCT, UH, CITY CODE ORDINANCE TWO SEVEN DASH 62 B, WHICH STATES NO CITY OFFICIAL OR EMPLOYEE SHALL FORMALLY APPEAR BEFORE THE BODY OF WHICH THE OFFICIAL EMPLOYEE IS A MEMBER WHILE ACTING AS AN ADVOCATE FOR HIMSELF OR ANY OTHER PERSON, GROUP OR ENTITY.

I'LL GO AHEAD AND READ MY STATEMENT.

NOW ON MARCH 25TH, 2021, I SPOKE AT CITY COUNCIL MEETING DURING THE NON-AGENDA CITIZEN COMMUNICATION PORTION OF THE MEETING ABOUT THE SITUATION OF THE MOUNT CARAMEL APARTMENTS LOCATED IN DISTRICT ONE, WHICH IS MAYOR PRO TEM MADISON'S DISTRICT AT THE TIME OF THE MEETING, THIS SPECIFIC APARTMENT COMPLEX, WHICH IS ALSO A HUD PROPERTY LOCATED IN A DEDICATED BLACK HISTORICAL DISTRICT OF EAST BOSTON HAD BEEN WITHOUT GAS FOR OVER 30 DAYS.

I'VE SUPPLIED THE TRANSCRIPT OF MY CITIZEN COMMUNICATION LISTED AS EXHIBIT A OF A MEETING FOUND ON HEX N IMMEDIATELY AFTER I SPOKE FOR AN ALLOTTED TWO MINUTES, MAYOR PRO TEM, MADISON ASKED MAYOR ADLER, IF SHE MAY SPEAK TO WHICH THE MAYOR GRANTED LISTED HERE AS EXHIBIT B, MAYOR PRO TEM, MADISON PROCEEDED TO DEFEND HERSELF IN HER ACTIONS FOR OVER TWO MINUTES, A CITIZEN COMMUNICATION TIME DURING THE MEETING WHILE MAKING DISPARAGING MARK'S REMARKS ABOUT MY OWN CITIZEN COMMUNICATION AND ALLUDED TO THE FACT THAT I WAS LYING ABOUT CERTAIN SEGMENTS OF MY STATEMENTS.

I WAS DISCONNECTED FROM THE PHONE CALL AND UNABLE TO RESPOND TO THESE ATTACKS.

IN THE LAST YEARS THAT I PARTICIPATED IN CITIZEN COMMUNICATION AND CITY MEETINGS, I'VE NEVER HAD A COUNCIL MEMBER MAKE A PERSONAL ATTACK, DEFEND THEMSELVES WHILE ON THE DIET OR MAKE ANY TYPE OF DISPARAGING COMMENTS TOWARDS ANY CITIZEN COMMUNICATION COMMUNICATOR, NOR HAVE I SEEN THIS.

A LOT OF ANY CITY COUNCIL MEETING, THERE ARE AT LEAST TWO OTHER CITIZEN COMMUNICATORS THAT DAY WHO ALSO DISCUSSED THE ISSUES OF MOUNT CARAMEL AND THEY WERE NOT RETALIATED AGAINST IN THIS MANNER.

I ATTACHED AT LEAST ONE OTHER EXAMPLE OF CITIZEN COMMUNICATION THAT DAY REGARDING MOUNT CARAMEL AS EXHIBIT C AND REVIEWING THE CITY'S OWN ETHICS POLICIES, INCLUDING CODE OF ORDINANCES, SECTION TWO SEVEN, SIX, TO BE STANDARDS OF CONDUCT, WHICH I HAVE HERE AS EXHIBIT D AND PROCEDURES FOR THE AUSTIN CITY COUNCIL MEETINGS, PUBLIC HEARINGS, AND APPEALS UNDER RULE OF ORDER LISTED AS EXHIBIT E.

I WOULD LIKE THIS COMMISSION TO TAKE INTO CONSIDERATION THE TONE AND MESSAGE MAYOR PRO TEM MADISON'S UNNECESSARY AND UNSOLICITED RESPONSE.

SHE DIRECTED TOWARDS ME.

AND WHAT KIND OF MESSAGE IS THE EFFECTIVELY SENT TO THE RESIDENTS AT THE MOUNT CARMEL APARTMENTS? NOT ONLY IS THIS TYPE OF VERBAL ATTACK HARMFUL TO THE INSTITUTION OF DEMOCRACY.

IT WAS VERY CLEAR THAT THE MAYOR PRO TEM WAS ADVOCATING, SORRY, I LOST HER PLACE, UM, WAS ADVOCATING ONLY FOR HERSELF AS A COUNCIL MEMBER DURING CITIZEN COMMUNICATION.

I ONLY HAD TWO MINUTES TO PUBLICLY SPEAK ON THE MATTER, BUT THE MAYOR PRO TIM'S REBUTTAL LASTED WELL OVER TWO MINUTES.

AND WHAT SEEMED TO BE AN EFFORT TO PUBLICLY DISCREDIT MY COMMENTARY, MOST OF WHICH WAS THE EXACT SENTIMENT OF THE RESIDENTS I HAD BEEN IN COMMUNICATION WITH DURING THIS DISASTER, IF ANY PORTION OF MY CITIZEN COMMUNICATION WERE NOT TRUE, THE MAYOR PRO TIM WOULD HAVE NOT ATTEMPTED TO CONTINUE TO CLEAR HER NAME BY SENDING AN UNSOLICITED EMAIL TO A MOUNT CARAMEL RESIDENT DISCLOSING HER PREVIOUS CAMPAIGN VIOLATIONS, WHICH I HAVE INCLUDED HERE AS EXHIBIT F RESONANCE OF MOUNT CARAMEL MAY PUBLIC VIDEOS AND SOCIAL MEDIA POST DESCRIBING HOW THEY HAD NOT HEARD FROM THEIR COUNCIL MEMBER AND HOW VERY LITTLE PUBLIC AND PRIVATE SUPPORT THEY HAD FROM THE MAYOR PRO TEM, WHICH I'VE SUBMITTED HERE AS EXHIBIT G AND EXHIBIT H JERRY MPT, MADISON'S UNSOLICITED REBUTTAL DIRECTED TOWARDS ME.

SHE MENTIONED THE EXACT DATE.

SHE KNEW ABOUT THE CONDITIONS OF MOUNT CARMEL LISTED HERE AS EXHIBIT I, BUT STATED IN A PUBLISHED ARTICLE IN FULL CITY MAGAZINE ON APRIL, 2021, THAT SHE DID NOT KNOW OF AN OUTAGE UNTIL LATER ON, WHICH I HAVE HERE AS EXHIBIT J.

THE MPT ALSO STATED DURING HER REBUTTAL DIRECTED TOWARDS ME THAT I SHOULD FILE A PIR REQUEST, WHICH I HAVE HERE AS EXHIBIT K TO GET MORE DETAILS OF HER EFFORTS.

I DID IN FACT FILE A PIR ON MARCH 16TH, AND IT WAS ORIGINALLY DENIED, WHICH I HAVE HERE AS EXHIBIT L A FOLLOWUP EMAIL FROM THE CITY'S PR DEPARTMENTS DATA.

WE RECEIVED MY PIR BY APRIL 30TH, EXHIBIT M.

AT THE TIME I SUBMITTED THIS EVIDENTIARY PACKET TO THIS COMMISSION, I RECEIVED ONE MORE EMAIL FROM THE CITY THAT MY PR REQUESTS WOULD BE COMPLETED BY MAY 7TH EXHIBIT IN TO DATE.

I HAVE NOT RECEIVED ANY PORTION OF THAT.

MY PUBLIC INFORMATION REQUESTS, DESPITE THE MPT HERSELF DICTATING TO ME FROM THE DIET THAT I COULD DO.

SO I AM NOT SURE WHY HAS IT BECOME SO DIFFICULT TO OBTAIN APPROXIMATELY TWO WEEKS OF PUBLIC INFORMATION ABOUT THE COMMUNICATION OF THE SITUATIONS AT MOUNT CARMEL, AS OF YESTERDAY, A FORMAL COMPLAINT HAS BEEN FILED WITH THE ATTORNEY GENERAL'S OFFICE TO FURTHER REVIEW MY CLAIM TO OBTAIN MY PUBLIC INFORMATION REQUESTS.

THE LACK OF TRANSPARENCY HAS SURROUNDED THAT HAS SURROUNDED THIS ISSUE AS AKIN

[00:30:01]

TO THE VERY TOXIC CULTURE ENVIRONMENT.

THE CITY SHOULD BE AVOIDING.

AND THE CITY'S LEADERSHIP NOW MORE THAN EVER, SHOULD BE HELD ACCOUNTABLE FOR FURTHERMORE, THE CITY COUNCIL HAS RULES AND GUIDELINES PROVIDED BY THE STATE OF TEXAS LIKE HB 28, 40, WHICH IS EXHIBIT O AND EXHIBIT P FOR THIS REASON, THE CITY OF AUSTIN HAS ITS OWN POLICIES AND PROCEDURES, EXHIBIT Q R AS AUNTIE, WHICH EVEN FURTHER SUPPORT THIS SPECIFIC ETHICS COMPLAINT.

I'VE ALSO SUBMITTED IN MY EVIDENCE, A PUBLICATION TITLED CITY MEETINGS AND THE FIRST AMENDMENT BY WEATHERED IN SNYDER, EXHIBIT YOU FURTHER SUPPORTING MY CLAIMS ABOUT THIS TYPE OF BREACH AND DECORUM AND NEGATIVE IMPACT.

IT HAS ON THE COMMUNITY AT LARGE AND AS A MEXICAN-AMERICAN WOMAN WHO HAS BEEN DISPLACED NUMEROUS TIMES AS THIS CITY DUE TO GENTRIFICATION AND SLIGHT OF HAND MEASURES BY PROPERTY OWNERS, SIMILAR TO EUREKA HOLDINGS, I CAN ASSURE YOU THIS WILL ABSOLUTELY HAPPEN AGAIN, UNLESS SANCTIONS ARE NOT ACTED AND THIS COMPLAINT IS TAKEN SERIOUSLY.

WE CAN NOT CONTINUE TO SEND THE MESSAGE THAT IF WE SPEAK AGAINST THE GOVERNMENT, THAT CONTINUES TO DISENFRANCHISE, MARGINALIZE AND DISRESPECT, WHAT IS LEFT OF OUR COMMUNITIES OF COLOR THAT WE, THE PEOPLE WILL BE SUBJECTED TO BEING PUBLICLY DISCREDITED AND ATTACK FOR FIGHTING FOR PARENTS, SAVE HOUSING AND SERVICES FOR RESIDENTS IN DISTRICT ONE, THE MPTS UNSOLICITED COMMENTS WERE NOT AN EXAMPLE OF A FRESHMAN COUNCIL MEMBER WHO DID NOT UNDERSTAND THE CORMAN PROCEDURE.

THIS CLEARLY WAS A CALCULATED TIM TO BUY A NEWLY APPOINTED MAYOR PRO TEM TO CHANGE AND CONTROL THE NARRATIVE OF WHAT WAS ACTIVELY HAPPENING AT THE MOUNT CARAMEL APARTMENT, HER EXACT WORD, AFRAID CHOICES, OR THAT I, THAT I WAS MISINFORMED.

SPEAKING OF THINGS THAT WERE CATEGORICALLY UNTRUE AND THAT SHE ABSOLUTELY TAKES OFFENSE TO ANY IMPLICATION THAT SHE HAS DONE EVERYTHING THAT THAT IS POSSIBLE WITHIN HER POWER, HER STATEMENTS, NOT ONLY OVERSHADOWED MY PUBLIC OUTCRIES FOR THE RESONANCE OF MOUNT CARAMEL, BUT OFFERED NO ANSWERS OR SOLUTIONS FOR THE RESIDENT.

HER COMMENTS WERE MADE AS A FORM OF SELF-PRESERVATION.

IT HAD NOTHING TO DO WITH ACTUALLY HELPING THE RESIDENTS WHO ARE SUFFERING AT THE HANDS OF PROPERTY MISMANAGEMENT.

I WOULD ALSO LIKE TO POINT OUT FOR THE RECORD IN MY CITIZEN COMMUNICATION.

I DID NOT USE CELL LANGUAGE, RIGHT, AND SALT ATTACK DEMEAN, OR DEGRADE THE MPT AND PART OF THE MPTS, UH, OWN WORDS IN THE SAME APRIL, 2021 FULL CITY ARTICLE TITLED COMMUNITY SIDE EYES PROMISES FROM MOUNT CAMERA APARTMENTS.

SHE STATED THE FOLLOWING.

AND I QUOTE.

SO JUST TO BE INVOLVED IN THE CONVERSATION AT ALL TIMES TO MAINTAIN DIVERSITY AND HOW THE, ANY QUOTE, IF THIS IS EXHIBIT B, THAT WAS SIMPLY ALL I WAS DOING THAT DAY ON MARCH 25TH, 2021.

I DO HOPE THIS COMMISSION TAKES INTO CONSIDERATION MY TESTIMONY HERE TODAY, ALONG WITH THE PREPONDERANCE OF EVIDENCE I PROVIDED, I DO ANTICIPATE THAT IF THIS PROCEEDS TO A SECONDARY HEARING, I WILL BE CALLING WITNESSES TO TESTIFY.

AND I HOPE BY AT THIS TIME, I WILL HAVE MY PIR REQUESTS FULFILLED AND USE THAT AS MORE EVIDENCE TO FURTHER PROVE HOW DIRE THE SITUATION AT MOUNT CARAMEL HAS BECOME.

THERE'S A PUBLIC HEARING SCHEDULED FOR TOMORROW REGARDING THE NUMEROUS CODE VIOLATIONS AT THE HANDS OF EUREKA AND THIS PROPERTY, MANY OF THE RESIDENTS WHO STILL REMAIN DISPLACED WERE NOT INFORMED ABOUT THIS PUBLIC HEARING TOMORROW.

IN CLOSING, I'M ASKING THAT THIS COMMISSION REQUIRE ACCOUNTABILITY OF ANY ACTIONS THAT ARE FOUND TO VIOLATED CITY POLICY ORDINANCES AND PROCEDURES, AND THAT THE CITY AUDITOR ALSO ASSIST IN FURTHER INVESTIGATION OF ANY OTHER VIOLATIONS BASED ON THE EVIDENCE I'VE SUBMITTED TODAY, AS THEY SEE FIT MORE IMPORTANTLY, IT IS IMPERATIVE THAT THE RIGHTS OF CITIZENS ARE PROTECTED DURING OUR VERY LIMITED TIME, WE WERE ALLOWED TO SPEAK PUBLICLY AT CITY COUNCIL MEETINGS AND TO PARTICIPATE IN OUR LOCAL GOVERNMENT.

THANK YOU.

THAT IS ALL I HAVE.

THANK YOU VERY MUCH, MS. REALLY APPRECIATE YOUR PRESENTATION AND YOU'RE COMING BEFORE US.

UM, SO AT THIS TIME COMMISSIONERS, I WILL OPEN THE FLOOR TO QUESTIONS.

UM, IF YOU HAVE THEM FOR THE COMPLAINANT MISS OVER TO HER, I SEE COMMISSIONER GREENBERG.

GO AHEAD.

UH, YOU MAY, YOU MIGHT STILL BE MUTED.

UM, YOU'RE RIGHT.

WHY DIDN'T WE, OR DID OTHER PEOPLE GET THAT PACKET? UH, ARE YOU REFERRING TO THE EVIDENCE PACKET? YEAH, WE DIDN'T, I DIDN'T SEE THAT PACKET.

RIGHT.

SO IT SHOULD HAVE BEEN EMAILED TO COMMISSIONERS, I BELIEVE.

UM, AND THEN THERE WAS, UH, OFFERED TO HAVE A PAPER COPIES, UM, I BELIEVE AS WELL OF THE EXHIBITS.

UM, OH, OKAY.

YEAH.

I'LL PULL IT UP THEN.

SURE.

ONE THING.

WAS IT NANCE? UM, YEAH.

YES.

OKAY.

COMMISSIONER IS OTHER OTHER QUESTIONS FOR THE COMPLAINANT? WHAT DATE WAS IT MAILED TO US? OR WHAT DATE WAS IT MAILED? UM, EMAIL I'VE I PERSONALLY SUBMITTED IT LAST WEDNESDAY TO MAKE SURE.

OR I'M SORRY, LAST TUESDAY.

I CONFIRM WEDNESDAY THAT IT WAS SENT TO THE COMMISSIONERS, UM, VIA

[00:35:01]

LYNN CARTER.

YEAH.

YES.

AND, UM, I, I'M CURRENTLY LOOKING THROUGH, UM, MY INBOX TO TRY TO FIND THE DATE, BUT IF SOMEONE HAS MINE'S SHOWING MAY 11TH AT 10:26 AM IS, IS WHAT I'M LOOKING AT IT THAT MIGHT'VE BEEN SPECIFICALLY FOR ME BECAUSE I'M ONE OF THE NEWER COMMISSIONER COLORS.

YES.

I THINK LEN IS A RE UM, THE EMAIL THAT HAS THE ATTACHMENTS, I BELIEVE.

YES.

OKAY.

GOOD.

ALL RIGHT.

CAN I SHARE HIS OTHER QUESTIONS, UM, FOR QUESTIONS FOR THE COMPLAINANT? OKAY.

UM, I DO HAVE ONE QUESTION.

UM, MS. OVERTURN, I WAS HOPING YOU COULD KIND OF POINT US IN THE EXHIBITS, UM, TO THE EXCHANGE OR THE COMMENTS BY THE MAYOR PROTON THAT YOU, UM, THAT YOU ARE ALLEGING SPECIFICALLY VIOLATE THE, UH, TWO DASH SEVEN DASH SIX.

UM, YES.

YOU MEAN IN THE TRANSCRIPT ITSELF? OKAY.

YES.

UH, THE TRANSCRIPT HAS COPIED IN THE EXHIBITS THAT YOU PRESENTED.

UM, WELL, UH, SHE DID ASK THE MAYOR FOR PERMISSION TO SPEAK, UM, AND I'VE, I'VE SPOKEN MANY TIMES AT CITY COUNCIL MEETINGS AND COMMISSION MEETINGS AND, UM, I'M NOT SURE, UH, I'VE NEVER HEARD A RETORT OR REBUTTAL BACK TO A CITIZEN DURING CITIZEN COMMUNICATION, BUT I DO HAVE, UM, EXHIBIT B, UH, WAS THE ACTUAL EXCHANGE SHE HAD AFTER MY CITIZEN COMMUNICATION.

UM, AND IT STARTS BY HER SAYING, I'D LIKE TO JUST START BY SAYING A LOT OF WHAT THE PREVIOUS CALLER SAID IS ABSOLUTELY SPOT ON.

AND I SHARED THE SENTIMENT, BUT SO MUCH OF IT IS EITHER MISINFORMED OR CATEGORICALLY UNTRUE.

UM, SHE PROCEEDS TO SELF-ADVOCATE, WHICH IS THE VIOLATION THAT, UM, I AM HIGHLIGHTING FOR THIS SPECIFIC CLAIM.

THERE ARE OTHER, UM, RULES THAT IT APPEARS THAT ARE VIOLATED, UM, IN TERMS OF HB 2040, UH, UH, WHICH IS A, UH, MOSTLY AN OPEN MEETINGS ACT RULE.

UM, THAT IS, UH, NOT, YOU KNOW, THAT'S WITHIN THAT, WITHIN THE HOUSE THOUGH, UM, STATE LEGISLATURE, UM, SHE DID SAY THAT SHE, UH, THIS INFORMATION WAS ELIGIBLE FOR A PIR IN THIS TRANSCRIPT.

SHE ALSO SAYS SHE RESPONDS, SHE SAYS, UH, I ONLY RESPOND TO THIS BECAUSE I ABSOLUTELY TAKE OFFENSE TO ANY IMPLICATION THAT I HAVEN'T DONE EVERYTHING THAT IS POSSIBLE WITHIN MY POWER.

UM, HER, UH, I'M NOT SURE.

I'VE NEVER PERSONALLY, UH, HAVE WITNESSED IN ALL OF THE MEETINGS.

I'VE SAT IN, IT'S PROBABLY OVER A HUNDRED COUNCIL MEETINGS.

I'VE NEVER HEARD A COUNCIL MEMBER OR A MAYOR PRO TEM, UM, SORTA DEFEND THEMSELVES.

I WAS TAKEN ABACK, UM, OBVIOUSLY AS A CITIZEN COMMUNICATOR, I WAS CUT FROM THE CALL.

UM, AND I WAS ALSO NOT PREPARED.

UH, YOU KNOW, WE CAN'T SAY ANYTHING BACK.

WE ONLY HAVE TWO MINUTES AND, UM, HER DEFENSE WAS WELL OVER TWO MINUTES, INCLUDING, UM, THE MAYOR ALSO CHIMED IN AS WELL AS A MAYOR PRO TEM, OR I'M SORRY, CA UH, COUNCIL MEMBER TOBO.

UM, SO THE ENTIRE, THE ENTITLED TIME THAT THE ENTIRE TIME THAT THEY SPENT, UM, SORT OF DIMINISHING WHAT I HAD JUST SPOKEN ABOUT WAS OVER FOUR MINUTES.

UM, AND AGAIN, SINCE THE COMMUNICATION, I ONLY HAVE TWO MINUTES AS A CITIZEN COMMUNICATOR.

UM, I BELIEVE, YOU KNOW, UM, IN LOOKING AT THE, UH, CITY'S POLICY DIRECTLY AND HB 28 40 IN TEXAS OPEN MEETINGS ACT THAT THERE WAS A VIOLATION, UM, UH, AS A CITY COUNCIL MEMBER, HER FIRST AMENDMENT RIGHTS DO NOT PREVAIL OVER MINE DURING, UH, CITIZEN COMMUNICATION WHILE SHE'S ON THE DIET.

AND SHE WAS DEFENDING HERSELF, UH, FORMERLY DEFENDING HERSELF WHILE ON THE DIET AS THE COUNCIL MEMBER, BUT THAT WOULD BE DIFFERENT.

YEAH.

WELL, THANK YOU.

THANK YOU FOR KIND OF POINTING ME IN THAT DIRECTION, THIS OVER TURF COMMISSIONERS.

ARE THERE ANY OTHER QUESTIONS FOR, UH, MS. OVER TURF? YES, I, THIS IS WHEN YES.

THANK YOU.

UH, MS. , THANK YOU SO MUCH FOR YOUR TIME THIS EVENING.

UM, I'M ALSO INTERESTED IN, IN, UM, YOUR, UH, POTENTIALLY CALLING

[00:40:01]

OUT SPECIFIC PASSAGES OR COMMENT FROM THE TRANSCRIPT THAT YOU, THAT YOU WOULD CONSIDER, UM, AS DISPARAGING COMMENTS.

UM, I KNOW THAT YOU POINTED OUT THE BEGINNING, UH, IF YOU COULD POINT OUT SOME OTHER, UH, COMMENTS SPECIFICALLY THAT YOU WOULD CONSIDER DISPARAGING.

AND THEN ALSO I'D LIKE TO ASK, UM, WITH THAT, UH, I GUESS CAUSE B AND MY APOLOGIES.

I DON'T KNOW HOW TO REFERENCE THE ORDINANCES ACCURATELY HERE, BUT THE STATEMENT A PERSON OR COUNCIL MEMBERS SHOULD NOT SPEAK OUT OF TURN, USE THE SPARES IN YOUR ABUSIVE LANGUAGE OR MAKE THREATS OF VIOLENCE AND YOUR CONTENTION, MS. OVERTURN IS THAT OF THOSE THREE, UH, OF THOSE THREE SCENARIOS LISTED SPECIFICALLY, YOU ARE, YOU ARE CONTENDING OR ALLEGING THAT IT IS JUST THE SECOND ONE, CORRECT.

DISPARAGING GETS DOWN.

OKAY.

SO, SO SHE DID NOT SPEAK OUT OF TERM, SO THAT'S NOT, THAT IS NOT THE PROBLEM.

IT'S THE DISPARAGING LANGUAGE I JUST WANT TO, YEAH, CORRECT.

UM, I THINK THE OUT OF TERM, AS A MATTER OF DECORUM, WHICH GOES TO THE RULES OF ORDER OF COUNCIL MEETINGS, UM, AND THAT IS POTENTIALLY DEPENDENT ON HOW THE MAYOR HANDLED THE SITUATION SHE WAS ALLOWED TO SPEAK.

SHE DID ASK TO SPEAK.

UM, BUT AGAIN, THAT FOLLOWS THE RULES OF DECORUM FOR A COUNCIL MEETING.

UM, I DO BELIEVE THAT THE REMARKS MADE DIRECTED AT ME WERE DISPARAGING, UH, AGAINST MY CHARACTER.

UH, ESSENTIALLY IN THE BEGINNING OF HER STATEMENT, SHE SAID THAT I WAS MISINFORMED AND THE STATEMENTS I MADE WERE CATEGORICALLY UNTRUE.

UM, I MEAN, IF YOU BOIL THAT DOWN, THAT'S BASICALLY SAYING THAT I LIED.

UM, I DON'T HAVE TO PROVE ANYTHING, YOU KNOW, CITIZEN COMMUNICATION, BUT SHE DID REACH OUT TO A PRIVATE CITIZEN, UM, SORT OF COVERING HER TRACKS AND WITH UNSOLICITED.

AND THAT, THAT IS ALSO PART OF THE EVIDENCE PACKAGE.

UM, YOU KNOW, AND THE FACT THAT SHE TOOK OFFENSE THAT, YOU KNOW, I IMPLIED SOMETHING, I DIDN'T IMPLY ANYTHING I DIRECTLY SAID IT, UH, AND THIS WAS BASED OFF DEALING WITH RESIDENTS AND WITNESSING DAY AND DAY TO DAY ACTIVITY THAT WAS NOT HAPPENING AT MOUNT CARAMEL AND THE RESIDENTS, YOU KNOW, THEY, THEY ULTIMATELY WERE DISPLACED AND ARE STILL IN LIMBO AT THIS TIME.

MANY OF THEM WERE CHILDREN, OF COURSE, ANYBODY, UH, ANY CITIZEN ADVOCATE OR ACTIVIST IS GOING TO SPEAK WITH PASSION.

WE WERE UPSET.

WE WERE CONCERNED.

I FIND ON EARLY ON TO DO CITIZEN COMMUNICATION BECAUSE I KNEW THAT THERE WAS SOME TYPE OF PROBLEM GOING ON.

UM, AND YOU KNOW, LIKE I SAID, WE ONLY HAVE TWO MINUTES.

SO THE FACT THAT SHE EVEN FELT THE NEED TO, YOU KNOW, MAKE ANY TYPE OF STATEMENT AND THE STATEMENT TO BEGIN WITH ACCUSING ME OF LYING.

UH, I, I THINK SET THE TONE, UM, FOR A DISPARAGING STATEMENT IN GENERAL.

UNDERSTOOD MS. TURF.

THANK YOU.

ARE THERE ANY OTHER, UM, SENTENCES OR PASSAGES IN THAT EXHIBIT B THAT YOU WOULD, THAT YOU WOULD LIKE TO POINT OUT SPECIFICALLY THAT YOU CONSIDER DISPARAGING? YES, THERE IS, UH, ONE MORE, UM, SHE STATED IN THIS PASSAGE, SO I JUST, AND THIS IS A QUOTE, SO I JUST NEEDED TO MAKE CERTAIN THAT ANYBODY LISTENING, WHO BELIEVES THAT I'VE NEGLECTED NOW CARAMEL, I WOULD ENCOURAGE YOU EVER, WE'D ENCOURAGE YOU TO REACH OUT TO MY OFFICE.

UM, THESE, I FEEL LIKE THESE ARE SORT OF PSYCHOLOGICAL WORDPLAY.

UM, SHE'S TRYING TO RECOUNT WHAT I WAS SAYING BY, UM, ACCUSING ME OF, YOU KNOW, MAKING FALSE STATEMENTS AND, AND INSINUATING OR IMPLYING THAT NO ONE BELIEVED WHAT I SAY.

UM, AND TO REACH OUT TO OUR OFFICE, WHICH, YOU KNOW, MANY RESIDENTS DID REACH OUT MYSELF INCLUDED, UM, AND YOU KNOW, IT SHOULD NEVER GET TO THE POINT WHERE CITIZEN COMES TO CITIZEN COMMUNICATION TO SIMPLY ASK WHAT'S GOING ON WITH AN APARTMENT COMMUNITY.

UM, AND, UH, I MEAN, IT, YOU KNOW, THE BEGINNING STATEMENT, I THINK SETS THE TONE, BUT YOU KNOW, ALSO THIS INSINUATION THAT NOBODY SHOULD BE WHO'S LISTENING SHOULD TAKE INTO OR TAKE INTO ACCOUNT.

WHAT I'VE SAID IS TRUE.

UNDERSTOOD MS. OVERTURN, THANK YOU SO MUCH.

AND ONE MORE QUESTION, I SEE THAT IN EXHIBIT E, UM, CLAUSE C IS ALSO CALLED OUT WITH THE, UM, THESE ARE OF THE PRESIDING OFFICER AND MY APOLOGIES IF THIS IS IN YOUR COMPLAINT AND I, AND I MISSED IT, ARE YOU ALSO ALLEGING THEN THAT THE PRESIDING OFFICER DID NOT DO HIS OR HER DUTIES AS, AS LISTED HERE OF MAINTAINING ORDER AND EXERCISING THE OFFICER'S AUTHORITY IMPARTIALLY AND, UM, BASICALLY SHORTENING THE SPEAKER'S TIME OR BANNING THAT PERSON FROM SPEAKING FOR A VIOLATION OF DECORUM? UM, YES.

AND NOT THE LATTER HALF OF THAT STATEMENT, OR THE BEGINNING

[00:45:01]

OF THAT STATEMENT IS PRESIDING OFFICERS SHOULD ROLL OUT OF ORDER.

ANY COUNCIL MEMBER, BREACHING DECORUM.

I DO FEEL THAT THIS WAS A BREACH IN DECORUM.

HOWEVER, I'M GOING TO ASSUME ON THE SIDE OF CAUTION THAT THE MAYOR HAD NO IDEA WHAT THE COUNCIL MEMBER WAS ABOUT TO SAY.

OFTENTIMES THE COUNCIL MEMBER WILL ASK TO RELAY THEIR CITY EMAIL ADDRESS, BUT NOT TO MAKE A SIGNIFICANT DISPARAGING STATEMENT THAT LASTS OVER TWO MINUTES.

SO THE PRESUMPTION WOULD BE THAT THE MAYOR WAS NOT AWARE THAT THE COUNCIL MEMBER, MAYOR PRO TEM WAS GOING TO SPEAK AT LENGTH AGAINST WHAT I WAS SAYING, UM, WHICH I DO BELIEVE IS A VIOLATION OF DECORUM.

UM, AND, UH, TO SORT OF BACK INTO THAT, UM, YOU KNOW, I KIND OF HAD TO PICK MY BATTLES.

I I'M GOING TO GO AHEAD AND JUST ERR, ON THE SIDE OF CAUTION AND ASSUME THAT THE MAYOR ASSUMED THIS WAS JUST GOING TO BE A DIRECT COMMENT ABOUT PROVIDING AN EMAIL ADDRESS.

AND, UM, AT WHAT POINT HE SHOULD HAVE CUT HER OFF.

I'M NOT SURE I'VE LIKE I'VE SAID IN THE EIGHT YEARS, I'VE SAT THROUGH MEETINGS.

I'VE NEVER SEEN THIS HAPPEN AND I WAS CUT OFF FROM THE CALL.

SO I REALLY DIDN'T HEAR WHAT WAS HAPPENING UNTIL, UM, I WATCHED THE REVIEW TAPES, UH, LATER ON THAT MORNING.

SO I HAD NO IDEA THAT THIS WAS GOING ON BECAUSE YOU ARE DISCONNECTED AFTER YOUR CITIZEN COMMUNICATION.

SO AGAIN, IT WAS A BIT OF A SHOCK AND TRYING TO UNRAVEL WHO DO I FILE A COMPLAINT WITH ALL OF THOSE THINGS, JUST SORT OF GET CONFOUNDED.

THAT IS SO, SO IT'S A MATTER OF POLICY THAT A CITIZEN IS CUT OFF RELEASED FROM THE CALL AFTER THEIR TWO MINUTES IS UP.

I BELIEVE.

SO THIS IS THE FIRST TIME I HAVE SPOKEN AT A COUNCIL MEETING DURING CITIZEN COMMUNICATION, UH, SINCE COVID, AND I BELIEVE THAT'S THE, THE RULE IS THAT YOU ARE ON HOLD MUCH.

LIKE WE ARE HERE TODAY.

YOU KNOW, I'VE BEEN ON HOLD SINCE 6:00 PM OR WHATEVER.

UM, YOU'RE ON HOLD UNTIL IT'S YOUR TURN TO SPEAK.

AND THEN ONCE YOU'VE SPOKEN, YOU'RE CUT FROM THE CALL.

SO UNLESS YOU HAVE YOUR COMPUTER LAPTOP ON OR SOMETHING ELSE TO LISTEN INTO AC, WHICH AGAIN, YOU HAVE TO KEEP ON MUTE BECAUSE THE REVERBERATION NOISE, UM, YOU KNOW, I JUST, I HAD NO IDEA IT WAS HAPPENING.

I, UH, SORT OF LIKE, YOU KNOW, CONTINUE GOT UP, GOT WATER, YOU KNOW, GATHERED MYSELF AND TURNED ON ATX N AND, UM, SAW THAT SHE WAS STILL SPEAKING AND YOU KNOW, THAT IT HAD GONE ON AFTER MICHAEL.

I SEE.

SO YOU WEREN'T ON THE, WHEN SHE, WHEN SHE, WHEN SHE SPOKE AT, YOU ONLY FOUND YOU ONLY HEARD WHAT SHE WAS SAYING WHEN YOU, UM, WHEN YOU TURNED ON THE, OR THE, THE CHANNEL.

OKAY.

THANK YOU FOR THAT CLARIFICATION.

AND, AND SO THEREFORE FROM YOUR PERSPECTIVE, WELL, FROM YOUR PERSPECTIVE, ONCE YOU JOIN, ONCE YOU JOINED IT ON TV OR SAW IT ON TV, YOU, WOULD YOU SAY THAT, OR ARE YOU ALLEGING THAT THE BREACH OF DECORUM CONTINUED DURING THAT TIME FROM WHAT YOU COULD SEE? OH, YES.

IMMEDIATELY.

UM, MOSTLY BECAUSE OF HER ACTUAL STATEMENTS.

UM, AND I, AS I WAS WATCHING IT UNFOLD, I ASSUMED THE MAYOR WOULD CUT HER OFF.

I, I HAD SEEN THE MAYOR CUT OFF A COUNCIL MEMBER A FEW YEARS AGO FOR SPEAKING, OUT OF TURN, UM, DIRECTED TOWARDS THE AUSTIN POLICE ASSOCIATION PRESIDENT, OR TRYING TO, YOU KNOW, GATHER THE QUORUM BACK AND RALLY EVERYBODY BACK IN.

I HAD ASSUMED THAT HE WAS GOING TO STEP IN AND REGAIN CONTROL OF THE SITUATION.

UM, BUT IT DIDN'T SEEM LIKE THAT WAS HAPPENING AND THAT DID NOT HAPPEN.

OKAY.

THANK YOU.

SO, SO THEN CLAUSE D ALSO APPLIES AS PART OF YOUR ALLEGATIONS THAT THE PRESIDING OFFICER DID NOT RULE OUT OF ORDER ANY COUNCIL MEMBER BREACHING DECORUM, CORRECT? CORRECT.

AND I DID, UM, LIST THE MAYOR AS, UM, A WITNESS AS WELL AS KATHY TOVO.

AND SHOULD THIS PROCEED TO A SECONDARY HEARING? I DO INTEND ON CALLING, UH, BOTH THE MAYOR AND COUNCIL MEMBER TILL THOSE WITNESSES, UM, TO POSSIBLY CROSS EXAMINE, UH, THE INCIDENT THAT HAPPENED THAT EVENING OR THAT I'M SORRY, THAT COUNCIL MEETING, THANK YOU FOR YOUR DETAILED WORK AND PROVIDING, UM, UM, EVIDENTIARY MATERIALS.

I APPRECIATE YOUR DILIGENCE WITH THIS.

THANK YOU, RIGHT.

THANK YOU.

UH, COMMISSIONER'S OTHER QUESTIONS I SAW, UM, A WHILE AGO I SAW COMMISSIONER GREENBERG, YOUR HAND.

DO YOU STILL HAVE A QUESTION AND I WANT TO STUFF.

OKAY.

NO COMMISSIONER STANTON DID A VERY THOROUGH JOB COVERING GOOD QUESTIONS.

WELL, ALL RIGHT.

ALL RIGHT.

UH, OKAY.

[00:50:01]

COMMISSIONERS OTHER OTHER QUESTIONS? UM, I MAY HAVE ONE MYSELF, BUT I WANNA LEAVE THE FLOOR OPEN IF ANYONE ELSE HAS ONE FIRST.

UM, OKAY.

SO, UH, A QUESTION THAT I HAD, UH, MS. OVERTURN, SO THE, THE COMPLAINT IS SPECIFICALLY ABOUT TWO DASH SEVEN DASH SIX TWO B OF THE CITY CODE.

AND AS I LOOK AT TWO DASH SEVEN DASH SIX TWO B, UM, IT SAYS THAT NO CITY, AND I'LL JUST KIND OF JUMP TO THE PARTS THAT ARE RELEVANT HERE THAT NO CITY OFFICIAL SHALL FORMALLY APPEAR BEFORE THE BODY OF WHICH THE OFFICIAL IS A MEMBER WHILE ACTING AS AN ADVOCATE FOR HIMSELF OR HERSELF, OR ANY OTHER PERSON, GROUP OR ENTITY.

SO I THINK THAT THE WORDS THAT I'D LIKE TO HONE IN OUR, ON OUR FORMERLY APPEAR AND SPECIFICALLY KIND OF WHAT YOU WOULD, WHAT YOU WOULD UNDERSTAND IT TO MEAN, UM, FOR A CITY OFFICIAL TO FORMALLY APPEAR BEFORE THE BODY THAT THEY'RE SERVING ON.

UM, YES.

AND, UM, I DID A BIT OF RESEARCH ON THIS, UM, SORTA THE SEMANTICS OF THE WORD FORMALLY AND IN TERMS OF, UM, LEGAL, UH, I GUESS, DESCRIPTORS AND FROM, YOU KNOW, AND IT DOES BOIL DOWN TO SEMANTICS, I BELIEVE.

UM, MY UNDERSTANDING AND UNFORTUNATELY THE CITY OF AUSTIN'S POLICIES AND ORDINANCES ARE VERY, UM, LOOSELY WRITTEN.

UH, BUT IF YOU LOOK AT OTHER GUIDING PRECEDENTS IS LIKE THE EVIDENCE I PROVIDED ABOUT THE, UH, FIRST AMENDMENT RIGHTS.

UM, THE IT'S A GUIDEBOOK THAT, UH, I DID PROVIDE QUITE A BIT OF DOCUMENTATION FROM THAT BOOK.

UM, FORMALLY IS, UH, THE TIME THAT THE MEETING STARTS OFFICIALLY ON RECORD, UM, WHEN A COUNCIL MEMBER, MAYOR, MAYOR PRO TEM, UM, IS OFFICIALLY WORKING IN THEIR CAPACITY, UM, THAT WOULD BE A FORMAL POSITION.

UM, THERE IS AN OPPORTUNITY, UH, SHOULD A COUNCIL MEMBER, UM, CHOOSE THERE'S A SECTION IN THE, IN, I HAVE TO DIG THROUGH HERE REAL QUICK, UH, IN, UM, I HAVE EXHIBIT U PAGE ONE CITY MEETINGS ON THE FIRST AMENDMENT.

THERE'S A SECTION WITHIN THAT STACK OF, UH, NOTES, UM, FROM THAT GUIDEBOOK, THAT STATE AS A COUNCIL MEMBER, UM, ALWAYS A COUNCIL MEMBER, UM, THE COUNCIL MEMBER COUNCIL MEMBER MADISON DID HAVE AN OPPORTUNITY AS LONG AS SHE PROVIDED NOTICE TO THE MAYOR.

AND IT WAS PUT PLACED ON THE AGENDA THAT SHE WOULD SPEAK AS A CITIZEN.

THAT IS A LEGAL RULE, UM, WITHIN THIS GUIDEBOOK, THAT IS A RULE THAT WAS MADE BY THE ATTORNEY GENERAL AND A SUPREME COURT DECISION.

UM, BACK IN, I BELIEVE IT WAS LIKE SIX OR SEVEN YEARS AGO, IT'S IN THE, UH, EVIDENCE PACKET THAT I SENT UNDER, UH, EXHIBIT.

UM, THERE'S LIKE MAYBE FIVE SECTIONS OF THAT BOOK.

I DIDN'T WANT TO CHOP THE COPY, YOU KNOW, THE ENTIRE BOOK, I JUST TAKE, UM, THE PORTIONS THAT PERTAIN TO, UM, OR LEGAL RULING BY THE SUPREME COURT.

UM, UH, THE COUNCIL MEMBER, MAYOR PRO TEM NOTIFIED, UH, MAYOR ADLER AHEAD OF TIME.

AND IT WAS ABLE TO BE PUT ON THE AGENDA.

IT DOES APPEAR THAT SHE WOULD HAVE BEEN ABLE TO SPEAK, UM, DURING CITIZEN COMMUNICATION.

UM, LIKE I SAID, I REGISTERED FOR CITIZEN COMMUNICATION WELL BEFORE THE ACTUAL MEETING, UM, AS WE ARE, YOU KNOW, SUPPOSED TO DO I REGISTERED AS SPEAKING ON THE TOPIC OF MOUNT CARAMEL APARTMENTS, IT'S CLEAR IT'S WRITTEN ON THE AGENDA, IT'S DOCUMENTED.

SO, UM, YOU KNOW, UH, IT IS HER JOB TO DETERMINE WHO READS, WHAT ITEMS ARE GOING TO BE TALKED ABOUT ON THE AGENDA, WHAT CITIZEN COMMUNICATION YOU HAVE TO, WHEN YOU REGISTER AS A CITIZEN COMMUNICATOR, YOU HAVE TO PUT IT DOWN WHAT TOPICS, UM, IF IT'S A NON AGENDA ITEM, YOU HAVE TO, UM, YOU KNOW, HAVE A TITLE FOR WHAT YOUR TWO MINUTES ARE GOING TO BE ABOUT.

AND MINE WAS SPECIFICALLY ABOUT MOUNT CARAMEL AND THAT WAS DOCUMENTED, UM, AHEAD OF TIME.

SO, UH, YOU KNOW, IF SHE WERE TO SPEAK ON THAT, IT WOULD HAVE BEEN, UM, LEGALLY MANDATED THAT SHE PRESENT THAT INFORMATION TO THE MAYOR, UM, WELL, AHEAD OF TIME AND THAT THE MAYOR, UM, DO YOU POST THAT PUBLICLY? UM, SO IT WOULDN'T BE TAKEN OUT OF CONTEXT IN THIS MANNER.

UM, UNFORTUNATELY SHE DIDN'T DO THAT AND THAT'S WHAT UNFOLDED HERE TODAY.

UH, IT, YOU KNOW, THE WORD FORMALLY, IT BEGINS WHEN YOU CLOCK IN AS A COUNCIL MEMBER, UM, DURING THE COUNCIL MEETING, UH, SHE DIDN'T RECUSE HERSELF, WHICH IS ONE OF THE THINGS THAT I MAY HAVE MY STATEMENT.

UM, YOU KNOW, I FELT LIKE SHE SHOULD HAVE RECUSED HERSELF FROM DEALING

[00:55:01]

WITH THE MOUNT CARMEL APARTMENTS BECAUSE OF HER, UH, UM, TIES WITH THE EUREKA HOLDINGS PROPERTY, UM, BOTH BEFORE SHE BECAME CITY COUNCIL MEMBER AND AFTER, UM, SO THAT I FELT THAT SHE SHOULD RECUSE HERSELF, SHE COULD HAVE RECUSED HERSELF, UM, AND SHE COULD HAVE MADE AN ANNOUNCEMENT TO THE MAYOR WELL, AHEAD OF TIME.

SO HE COULD HAVE POSTED THAT SHE WAS GOING TO SPEAK, UM, ABOUT THE TOPIC I WAS SPEAKING ABOUT WITHOUT HAVING IT FORMALLY PLACED ON THE AGENDA.

THAT IS THE LEGAL GUIDE, UM, BY THE SUPREME COURT.

UH, IT'S JUST NOT, IT'S NOT, UM, VERY WELL WRITTEN WITHIN THE CITY ORDINANCE, BUT IT GOES BACK TO DECORUM.

OKAY.

NO, I APPRECIATE THAT.

AND, UM, ANY OTHER QUESTIONS, UH, COMMISSIONER DANBURG GO AHEAD.

MS. HOPPER CHAIR, CAN YOU BE A LITTLE MORE SPECIFIC PLEASE ABOUT HER RELATIONSHIP WITH THE HOLDING COMPANY? UM, THAT'S NOT MY INTENT TO PROVE OR DISPROVE THAT TODAY.

UM, UH, LIKE THE, UM, PUBLIC SPEAKER BEFORE ME SHASTA SWATSON STATED, UM, THERE IS A VERY CLEAR ACKNOWLEDGEMENT THAT THE MAYOR PRO TEM, UM, DID HAVE A RELATIONSHIP WITH YOUR RICO HOLDING, UM, PRIOR TO HER ELECTION.

UH, SHE PACKED THAT HELPED PAY FOR HER ELECTION WAS A REAL ESTATE, UM, BASED PACK, UM, WITH MANY, UH, EUREKA EMPLOYEES DONATING TO HER CAMPAIGN.

UM, AGAIN, YOU KNOW, I'M NOT HERE TO PROVE A FINANCIAL CAMPAIGN ISSUE OR A CAMPAIGN FINANCE REPORT.

I BELIEVE SHE'S ALREADY BEEN THROUGH AN ETHICS COMMISSION MEETING ABOUT SOMETHING SIMILAR.

UM, I DO, UH, I DID FIND OUT AND I HAVE NOT CONFIRMED THAT.

SHE ALSO RENTED A PROPERTY AFTER HER ELECTION FROM YREKA HOLDINGS, WHICH I DO BELIEVE IS AN INCIDENTAL, UM, RELATIONSHIP, UH, OR INCIDENTAL INTEREST, UH, NOT SUBSTANTIAL ACCORDING TO CITY ORDINANCE.

UM, SO THAT WOULD BE FOR SOMEBODY ELSE TO PROVE, UH, UH, THOSE OF US, YOU KNOW, THERE WERE SEVERAL ARTICLES THAT ARE EASILY GOOGLE SEARCHED WITH, UM, FOR, UH, SORT OF POSITIVE, UH, TRYING TO BRING EUREKA INTO THE NEIGHBORHOOD, THE 12TH STREET AREA BEFORE HER, UM, UH, RUN OR BID FOR HER, UH, COUNCIL MEMBERSHIP.

UM, AND THOSE ARE PUBLIC ARTICLES.

ANYBODY COULD RESOURCE THOSE, UH, I BELIEVE SOME ARE FROM THE CHRONICLE.

UH, THERE'S AN ARTICLE TITLE BUYING UP THE BLOCK, UM, WHERE SHE PROMOTES EUREKA PURCHASING PROPERTIES.

SO IT DOES SEEM, UM, SUSPICIOUS.

THAT'S NOT, YOU KNOW, UH, MORALLY, I, IT JUST, IT'S SOMETHING SEEMS REALLY OFF.

AND THE FACT THAT I NOT ABLE TO OBTAIN TWO WEEKS OF BASIC COMMUNICATION, UM, ABOUT HOW THE, EVERYTHING UNFOLDED, HOW THE, YOU KNOW, THE RESIDENTS COULDN'T GET ANYTHING, IT WAS JUST A DISASTER.

THEY WERE IN THE MIDDLE OF NOT HAVING GAS, UH, YOU KNOW, IT WAS STILL FREEZING OUTSIDE AND WE JUST WANTED TO KNOW LIKE WHAT, WHAT COULD WE DO TO HELP THEM? UM, AND SO, I MEAN, I THINK ANYBODY CAN SEARCH AND DO A PUBLIC SEARCH.

IT'S A LOT HARDER, YOU KNOW, FOR US AS PUBLIC CITIZENS TO SEARCH WITHIN THE CITY COUNCIL RECORDS AND THINGS LIKE THAT.

IT'S VERY CONFUSING.

UM, BUT THERE IS A FINANCIAL AND INCIDENTAL, UM, YOU KNOW, NOT SUBSTANTIAL INTEREST, BUT INCIDENTAL INTEREST, UH, THAT GOES ALONG WITH EUREKA, WHICH IS A PROPERTY OWNER OF MOUNT CARAMEL APARTMENTS.

OKAY.

THANK YOU FOR THAT.

UM, COMMISSIONERS, ARE THERE ANY OTHER QUESTIONS NOT SEEING KENNY A REMINDER TO ME YOURSELF, IF YOU'RE NOT SPEAKING, I'M HEARING A LITTLE BIT OF FEEDBACK.

UM, BUT I DO NOT SEE COMMISSIONER DAN BERG EITHER.

THERE SHE IS, UH, GRABBING A PLATE, UH, FILL IN ANY OTHER QUESTIONS HERE.

ARE YOU GOOD? OKAY.

I SEE THAT SHE'S NODDING GUESSED THAT SHE'S GOOD TO GO.

OKAY.

WELL, UM, AT THIS POINT, BEN COMMISSIONERS, UM, IF THERE'S NO OTHER QUESTIONS FOR THE COMPLAINANT, I BELIEVE AT THIS POINT IT'S APPROPRIATE TO BEGIN ENTERTAINING MOTIONS.

UM, SO I AM HAPPY TO KIND OF TALK THROUGH WHAT NEXT STEPS CAN BE, UM, IF, IF THAT WOULD BE HELPFUL TO COMMISSIONERS AND THE COMPLAINANT.

UM, OKAY.

I WILL DO A QUICK OVERVIEW OF THAT.

SO AT THE CONCLUSION OF A PRELIMINARY HEARING, THE ERC DECIDES WHETHER OR NOT A FINAL HEARING SHOULD BE HELD.

SO IF THE COMMISSION DETERMINES THAT REASONABLE GROUNDS, THAT THERE EXISTS REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION, UM, OF

[01:00:01]

RELEVANT CITY CODES OCCURRED, THEN BY A MAJORITY OF THE MEMBERSHIP THAT YEAR C CAN SCHEDULE A FINAL HEARING.

UM, AND THEN IF THE COMMISSION DETERMINES THAT THE COMPLAINT DOES NOT ALLEGE A VIOLATION OF A PROVISION WITHIN ITS JURISDICTION, THEN, UH, BEFORE THE COMPLAINTS DISMISSED, UM, YOUR SHALL BE PERMITTED, AN OPPORTUNITY TO REVISE THE COMPLAINANT CAN HAVE AN OPPORTUNITY TO REVISE AND RESUBMIT THE COMPLAINT.

UM, AND THAT TIME PERIOD IS GOING TO BE SPECIFIED IN A LETTER FROM THE COMMISSION TO THE COMPLAINANT.

SO I'M GOING TO RESTATE THAT IF WE, IF WE DECIDE AND VOTE THAT THERE WAS A FAILURE TO ALLEGE A VIOLATION, THEN THE COMPLAINANT HAS A TIME PERIOD BY WHICH THEY CAN REVISE AND RESUBMIT A COMPLAINT.

UM, SO THEN THE LAST ONE, UM, IF THE RESPONDENT AGREED ON THE RECORD THAT A VIOLATION HAD OCCURRED, THEN WE CAN CONSIDER INAPPROPRIATE SANCTION KIND OF FEAR IN NOW.

UM, AND THEN LASTLY, UM, IF A MAJORITY OF THE COMMISSION DETERMINES THAT THERE ARE NO REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION WITHIN THE JURISDICTION OF THE COMMISSION OCCURRED, THE COMPLAINT CAN AUTOMATICALLY BE DISMISSED.

UM, SO THOSE, THOSE ARE OUR OPTIONS, UM, AT THE MOMENT SEPARATELY, UH, I MEAN, I'M HAPPY TO ENTERTAIN ANY NUMBER OF MOTIONS, BUT IT'S IN TERMS OF HOW WE RESOLVE THIS COMPLAINT BEFORE AS THOSE ARE THE OPTIONS.

SO I'M GOING TO PITCH IT BACK.

YES.

YEAH, GO AHEAD.

UH, I HAVE A QUESTION, PROCEDURAL QUESTION.

WOULD WE HAVE TO, IF WE HAVE A, UM, A SUGGESTION FOR, UH, FOR MS OVER TURF ON CLARIFYING, OR JUST SOMETHING THAT WOULD HELP, UH, REVIEW OF THIS, OF THIS CASE OF THIS COMPLAINT, WOULD THAT HAVE TO BE STATED IN THE MOTION OR IS IT JUST STRAIGHT CAN, COULD, I'M SAY, FOR EXAMPLE, MAKE A MOTION THAT WE PROCEED WITH A FINAL HEARING OF THIS COMPLAINT.

AND THEN AFTER THAT WE OPEN IT UP FOR DISCUSSION OF THAT MOTION.

IN WHICH CASE