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[00:00:05]

MR SHEETS, GLAD YOU'RE WITH US.

SO I'M NOT GOING TO WASTE ANY

[CALL TO ORDER]

MORE TIME NOW THAT WE HAVE ALL PARTIES PRESENT.

SO GOOD EVENING, EVERYONE.

MY NAME IS LOUIS HILBRUN.

I AM CHAIR OF THE CITY OF AUSTIN ETHICS REVIEW COMMISSION.

I CALL THE ETHICS REVIEW COMMISSION MEETING TO ORDER IT IS JUNE 9TH, WEDNESDAY 6:06 PM.

THE COMMISSIONERS ARE ATTENDING THIS MEETING VIRTUALLY VIA WEBEX, AND THIS MEETING IS BEING RECORDED DUE TO LIMITED ATX AND CAPACITY.

THE MEETING IS NOT BEING BROADCAST LIVE ON PTX.

AND SO I'M GOING TO CALL THE ROLL COMMISSIONERS.

PLEASE UNMUTE YOUR COMPUTERS OR PHONES AND ANSWER OUT LOUD WHEN YOUR NAME IS CALLED, THEN MUTE YOURSELF.

I'M GOING TO GO IN THE ORDER AS WE APPEAR ON THE AGENDA.

SO FIRST CHAIR SOBER.

HONEST IS PRESENT.

VICE CHAIR.

HURRY IS ABSENT.

I BELIEVE.

UM, SECRETARY LEARNER, COULD YOU TRY THAT ONE MORE TIME? THERE YOU GO.

THANK YOU.

COMMISSIONER.

DANBURG COMMISSIONER GREENBERG.

YEAH, COMMISSIONER KALE.

LARRY IS ABSENT COMMISSIONER.

LEVIN'S PRESENT COMMISSIONER MCCORMICK, COMMISSIONER STANTON, PRESENT COMMISSIONER.

SORRY.

GREAT.

A QUORUM IS PRESENT.

UM, BEFORE WE DIVE IN, UH, JUST WANT TO ACKNOWLEDGE THAT WE HAVE, UH, THREE NEW COMMISSIONERS, TWO COMMISSIONERS, UM, WHO I BELIEVE IT'S THE FIRST COMMISSION MEETING AND WANT TO EXTEND A WARM WELCOME TO, UH, MR. LEVIN'S AND MS. .

UM, WELCOME TO THE ETHICS REVIEW COMMISSION.

WE'RE GLAD TO HAVE YOU, AND WE'RE GRATEFUL FOR YOUR SERVICE AND WELCOME BACK COMMISSIONER STANTON AROUND TWO.

ALL RIGHT.

WELL, WE WILL GET INTO IT.

SO FIRST WE

[CITIZEN COMMUNICATION: GENERAL]

DO CITIZEN COMMUNICATIONS.

WE HAVE THREE SPEAKERS WHO HAVE REGISTERED TO SPEAK THIS EVENING.

UM, SO FOR EACH OF THE SPEAKERS, I'M JUST GOING TO GIVE, UM, EACH OF THE THREE SPEAKERS KIND OF A NOTICE.

SO THREE MINUTES IS A LOT OF PER CITIZENS COMMUNICATION.

UM, IF YOU REGISTERED TO SPEAK ON AN AGENDA ITEM OR SOMETHING THAT WAS ON THE AGENDA, YOU HAVE THE OPTION OF EITHER GIVING YOUR COMMENTS TO THREE MINUTES NOW, OR WHEN WE GET TO THAT ITEM LATER IN THE EVENING, WHEN WE, AS WE PROCEED THROUGH THE MEETING.

UM, SO I'M GONNA GO ONE BY ONE, UM, AND ASK EACH OF YOU, UH, WHETHER YOU'D LIKE TO LEAVE YOUR COMMENTS NOW, OR IF YOU'D LIKE TO WAIT UNTIL THERE'S A SPECIFIC AGENDA ITEM YOU'RE INTERESTED IN SPEAKING ON.

SO I BELIEVE WE HAVE MISS OLIVIA OVER TURF WITH US.

ARE YOU THERE? YEAH, SOME HERE.

CAN YOU HEAR ME OKAY? YES, WE CAN.

GOOD EVENING THIS OVER TURF.

UM, SO THE REGISTERED HI, YOU'RE REGISTERED TO SPEAK ON AGENDA ITEM FOUR.

UM, YOU CAN SPEAK NOW OR, UH, WE CAN WAIT UNTIL AGENDA.

ITEM FOUR IS CALLED.

IT COULD BE AWHILE.

WE HAVE TWO HEARINGS THAT ARE SCHEDULED BEFORE.

I THINK WE GET TO AGENDA ITEM FOUR, BUT, UM, I WILL LEAVE IT TO YOU IF YOU WANT TO, UH, GIVE SOME COMMENTS NOW OR IF YOU WOULD LIKE TO, UM, I'LL GO AHEAD AND MAKE MY COMMENTS NOW JUST IN THE EVENT THAT ANYTHING IS POSTPONED.

UM, IF THAT'S OKAY.

SURE.

WELL, SECRETARY LERNER IS, UM, OUR WONDERFUL QUALIFIED TIMEKEEPER, UM, AND SHE WILL BE, UH, KIND OF KEEPING TIME FOR US, BUT WHEN YOU HIT THREE MINUTES, UM, I'LL LET YOU KNOW AND LET YOU KIND OF FINISH YOUR THOUGHT OR YOUR, UH, SENTENCE.

SO WHENEVER YOU ARE READY, MISS OVERTOOK, THE FLOOR IS YOURS.

ALL RIGHT, THANK YOU.

UM, GOOD EVENING.

MY NAME IS OLIVIA OVER TURF, AND I'M HERE TO SPEAK ABOUT AGENDA ITEM NUMBER FOUR, WHICH I AM THE ACTUAL COMPLAINANT ON.

UM, I OBVIOUSLY FEEL VERY STRONGLY ABOUT HAVING A FULL HEARING FOR MANY REASONS ABOUT THIS AGENDA ITEM, BUT AT THE END OF THE DAY, I'M FIGHTING FOR CITIZEN COMMUNICATES.

NO CITIZENS SHOULD EVER BE PUBLICLY ATTACKED BY A COUNCIL MEMBER DURING OUR CITIZEN COMMUNICATION.

NO COUNCIL MEMBERS SHOULD DEFEND THEMSELVES DURING OUR CITIZENS COMMUNICATION.

WE ALL ACKNOWLEDGED THIS SHOULD NOT HAVE HAPPENED TO ANYONE, WHICH I BELIEVE WE DISCUSSED AT THE LAST HEARING.

UM, WHILE I WENT BACK AND REVIEWED VIDEO OF MY OWN HEARING FROM LAST MONTH, I'D LIKE TO ADD A FEW THINGS.

FIRST OF ALL, THANK YOU ALL FOR BEING PRESENT AND CONSCIOUS DURING MY MEETING, I AM NOT A LAWYER.

I JUST NEED TO REPEAT THAT.

UM, I HAD A LOT OF PHONE CALLS AFTER THAT.

UH, PEOPLE ASSUMED I WAS, I'M NOT A WINNER.

I'M JUST A CITIZEN.

I, THIS IS NOT MY FIELD.

UM, I WORKED EXTREMELY HARD PREPARING FOR MY PRELIMINARY HEARING.

I SUPPLIED DEFINITIONS, EVIDENCE,

[00:05:01]

GOVERNMENT LAW EXCERPTS THAN ANYTHING ELSE AHEAD OF TIME.

SO THERE'LL BE NO GAPS.

MY PRESENTATION.

SECONDLY, THERE ARE SERIOUS ISSUES OF HOW MY HEARING WAS HANDLED.

NOT ONLY WAS I SHUNNED DURING MY CITIZEN COMMUNICATION AT COUNCIL, I FEEL LIKE I GOT A SECOND DOSE OF NOT BEING HEARD AT THE HUME.

IF THIS IS NOT A PATH, CITIZENS CAN TAKE THE FIGHT FOR THE RIGHT TO COMMUNICATE.

THEN WHAT IS THIRDLY, UM, INTEGRITY REPORTING LEAVES, CITIZENS EMPTY HANDED.

WE HAVE NO WAY OF KNOWING HOW ANYTHING WE REPORT PANS OUT.

SOME OF YOU QUESTIONED IT BY SKIED THE FILING TO FIT THE OFFENSE, BUT I CAN ASSURE YOU THAT I, ALONG WITH OTHER NON-MOTOR CITIZENS READ THE CODE AT FACE VALUE AND CHAPTER ONE DASH ONE DASH THREE WORDS AND PHRASES IN THE CITY ORDINANCE.

IT STATES THAT ALL WORDS AND PHRASES SHALL BE READ IN CONTEXT WHILE IT WAS EXTREMELY DIFFICULT TO GO BACK AND REWATCH THE VIDEO OF MY OWN HEARING IN MAY.

AND WHILE I WAS NOT EXPECTING BOTH THE BACKLASH, UM, AND OUTPOURING OF SUPPORT, ALONG WITH THE LEVEL OF PUBLICITY I RECEIVED, I'M HERE TODAY SAYING I WOULD GO THROUGH ALL OF THAT AGAIN, BECAUSE THIS TYPE OF BEHAVIOR SHOULD NOT HAVE EVER HAPPENED TO BEGIN WITH.

IF WE ALLOW ONE CITY LEADER TO VIOLATE THE QUORUM, THEN WHO'S TO SAY OTHERS WON'T.

SO IT'S TO SAY THEIR COMMISSIONERS MOVE A LEADERSHIP ISSUES, ROLL DOWNHILL.

I CAN NO LONGER ENCOURAGE PEOPLE TO SPEAK AT PHYSICS AND COMMUNICATION.

I'VE SPENT THE MAJORITY OF THE LAST 10 YEARS ADVOCATING AND ASSISTING PEOPLE WHO DO NOT KNOW HOW TO PARTICIPATE IN THE CITY'S GOVERNMENT BY SUPPORTING THEM, ENCOURAGING THEM, HELPING THEM WITH RESEARCH AND HAVING REVIEW SESSIONS ON MY OWN TIME.

AND I DO NOT GET PAID FOR IT.

I HAVE ENCOURAGED PEOPLE TO FILE COMPLAINTS, TO RUN FOR COMMISSIONS AND BOARDS, AND TO STEP UP TO THE PLATE.

AND AT THIS TIME I'M STILL APPALLED THE SERIES OF EVENTS THAT HAVE HAPPENED SINCE THE DAY I BOUGHT FOR THE PEOPLE AT MOUNT CARAMEL, THAT I'VE LOST ALL HOPE IN THE CITY'S VISION.

WE HAVE TO HAVE ACCOUNTABILITY FOR OUR ELECTED OFFICIALS AND WE HAVE TO HAVE EFFECTIVE AND EFFICIENT SYSTEMS IN PLACE.

SO WHEN SOMETHING GOES WRONG, WE CAN ASSURE PEOPLE.

IT WILL NEVER HAPPEN AGAIN.

AND FOR THE RECORD, I JUST FOUND OUT TODAY THAT ANY CITIZEN THAT TRIES TO FILE AN ACTUAL COMPLAINT ABOUT AN ETHICS COMMISSIONER, THERE'S NO RECOURSE.

THERE'S NO WAY TO FILE COMPLAINT, NO OFFENSE TO ALL OF YOU GUYS.

BUT, UM, I DO THINK THE POLICY NEEDS TO CHANGE, UM, WHICH WE SORT OF DISCUSSED AT MY HEARING.

UM, IT'S JUST AN IMPOSSIBLE PATH FOR CITIZENS TO GO ON AND WE REALLY APPRECIATE EVERYBODY'S TIME AND ENERGY THAT THEY PUT INTO HEARING MY FIRST HEARING.

AND I DO HOPEFULLY SECOND.

UM, THANK YOU.

THAT'S ALL I HAVE TO SAY.

OKAY.

THANK YOU VERY MUCH, MISS OVER TURF.

AND UM, IF, IF YOU'RE ABLE TO STICK AROUND WHEN WE TAKE UP AGENDA ITEM FOUR, I THINK, UM, IF THERE'S A WAY FOR YOU TO LISTEN IN, UH, TO THE HEARING, WE'D LOVE TO HAVE YOU THERE, UM, JUST TO KIND OF HEAR THE OPEN MEETING DISCUSSION ON THAT AGENDA ITEM.

UM, BUT THANK YOU FOR BEING HERE.

THANK YOU FOR SHARING YOUR THOUGHTS AND THANK YOU FOR THANK YOU FOR PARTICIPATING, UM, AND ENGAGING.

UM, WE HAVE TWO OTHER SPEAKERS TONIGHT AND I WANT TO MAKE SURE THAT THEY'RE ON THE LINE WITH US.

I THINK MS. TIFFANY WASHINGTON, UM, YOU, ARE YOU WITH US? YES, I'M HERE.

CAN YOU HEAR ME? YES, WE CAN.

UM, SO, UH, SAME AS BEFORE YOU'RE REGISTERED TO SPEAK ON AGENDA ITEM SIX.

UM, YOU CAN SPEAK NOW OR WAIT UNTIL ITEM SIX IS CALLED AND AGAIN, UM, WE DO HAVE TWO OTHER HEARINGS.

UM, I THINK WE HAVE A FEW OTHER AGENDA ITEMS TO WORK THROUGH, UH, BEFORE WE GET TO AGENDA ITEM SIX, BUT WANTED TO GIVE YOU THE OPTION.

UM, I CAN SPEAK NOW.

OKAY.

THEN GETTING HER TIMER READY.

WHENEVER, WHENEVER YOU'RE READY.

YOU CAN START MS. WASHINGTON.

THANK YOU.

UM, MY NAME IS TIFFANY WASHINGTON AND I'M HERE TO SPEAK ON AGENDA ITEM FIVE, BUT I THINK I MAY HAVE PUT SIX, BUT THAT'S FINE.

UM, SIX WORK.

UM, I, I AM EXTREMELY EXHAUSTED.

UM, I WANT TO REITERATE EVERYTHING.

THEY MISS OLIVIA OVER TO THIS BED.

UM, LAST TIME I WAS HERE, I DEFINITELY LET YOU GUYS KNOW THAT I'M A VETERAN SERVICES, ABLE COMBAT VETERAN, AND EVERY TIME I COME OR I SIT IN THESE MEETINGS ON COMMISSIONS AND COMMISSIONS AND BOARDS, I GET TRIGGERED BECAUSE NOT ONLY ARE PEOPLE BEING DISRESPECT, THEY'RE DOING AFTER CITIZENS COMMUNICATION.

UM, BUT WE'RE NOT BEING HEARD.

I WAS LITERALLY SITTING ON IN SPEAKING DURING CITIZEN COMMUNICATION THAT WAS NOT RECORDED ON JUNE 1ST AT THE AFRICAN-AMERICAN RESOURCE ADVISORY COMMITTEE MEETING LIKE THAT IS UNACCEPTABLE AND NOT EVERYONE KNOWS HOW TO NAVIGATE THE SYSTEM.

I HAVE NO CLUE HOW TO NAVIGATE FILING INTEGRITY REPORTS AND AT THE COMMITTEE REVIEWS AND STUFF.

PEOPLE DON'T KNOW HOW TO DO THAT.

AND AS A BLACK WOMAN, WHEN IT COMES TO THE MARGINALIZED AND VULNERABLE COMMUNITY, I CAN TELL YOU FOR A FACT THAT NO ONE IS COMING HERE TO, TO FILE COMPLAINTS AGAINST PEOPLE IN THE COMMUNITY WHO ARE COMMISSIONERS AND WHO ARE ALSO ORGANIZES WITHIN OUR COMMUNITY.

THEY DON'T KNOW HOW THEY DON'T KNOW WHO TO TALK TO WHEN THEY FEEL LIKE THEY'VE

[00:10:01]

BEEN WRONG OR DISRESPECTED OR TAKEN ADVANTAGE OF, OR, OR TREAT IT IN A DEROGATORY MANNER.

UM, NO, I DON'T EVEN KNOW RIGHT NOW IF YOU'RE LISTENING, I'M NOT ABLE TO SEE YOU GUYS.

I DON'T KNOW IF ANYONE'S ROLLING THEIR EYES OR, OR TREATING ME IN A MANNER THAT IS INAPPROPRIATE AS A CITIZEN.

WHEN ALL I'M TRYING TO DO IS COME IN AND VOICE MY GRIEVANCES.

THINGS THAT CAUSE HARM TO ME.

I HAVE LITERALLY HAD COMMISSIONERS HAVE THEIR FAMILIES THREATENED, YOU KNOW, AND IT'S RIDICULOUS.

IT'S ABSOLUTELY RIDICULOUS.

THAT CAUSES HARM TO ME MENTALLY AND EMOTIONALLY.

AND I'M SICK OF IT.

I HAVE TO GO THROUGH ALL OF THESE PROCESSES AND I DON'T KNOW HOW TO NAVIGATE THEM.

IT'S LIKE YOU'RE TAKING SOMEBODY TO COURT AND WHO WANTS TO HAVE TO DEAL WITH THAT.

THIS IS THE TIME FOR ME AS A CITIZEN TO COME AND SPEAK TO YOU GUYS ABOUT UNETHICAL BEHAVIOR THAT GOES ON IN THE CITY OF AUSTIN WITH PEOPLE WHO ARE ON BOARDS OR COMMISSIONS.

WE, I DON'T KNOW WHO TO CONTACT AND COOK AND MAKE THESE TYPES OF COMPLAINTS ABOUT ORGANIZERS AND ORGANIZATIONS IN THE COMMUNITY WHOSE LEADERSHIP SITS ON THESE BOARDS.

IT'S, IT'S, IT'S ATROCIOUS, IT'S THE WORST THING EVER.

AND SO, LIKE I SAID, I JUST HAVE TO COMPLETELY REITERATE WHAT MS. OVERTURN SAID, I COMPLETELY UNDERSTAND I WAS LISTENED.

I WAS THERE ON THAT LAST MEETING.

AND I DEFINITELY SAID IF I HAD TO SERVE MY COUNTRY WHERE I'M ENCOURAGING AND COMMITMENT OF THE PEOPLE WHO ARE ELECTED AS OFFICIALS TO SIT ON THESE BOARDS AND COMMISSIONS.

AND THAT'S ALL I HAVE TO SAY ANYTHING TO YOU GUYS FOR YOUR TIME.

THANK YOU VERY MUCH, MS. WASHINGTON.

UM, I WANT TO, I KNOW THAT YOU DON'T HAVE THE BENEFIT OF, UH, SEEING THE COMMISSIONERS RIGHT NOW.

UM, I DO WANT TO LET YOU KNOW THAT EVERYONE WHOSE VIDEO IS ON WAS ATTENTIVE AND LISTENING.

UM, I WANT TO THANK YOU FOR YOUR SERVICE.

I WANT TO THANK YOU FOR YOUR COMMENTS.

UM, AND I ALSO WANT TO LET YOU KNOW THAT ONE OF THE THINGS THAT WE ARE WORKING ON AS A COMMISSION IS I THINK, UM, A PROJECT TO TRY TO BETTER INFORM, UH, THE, OUR NEIGHBORS IN AUSTIN, JUST THE COMMUNITY AT LARGE, HOW THE COMMISSION WORKS, HOW TO ACCESS THE COMMISSION, UM, TO HOPEFULLY ADDRESS SOME OF THE THINGS THAT YOU WERE RAISING.

BUT THANK YOU AGAIN FOR COMING.

UM, OKAY.

WE HAVE ONE MORE INDIVIDUAL.

IT'S MS. ZENOBIA JOSEPH, ARE YOU HERE WITH US? YES.

MR. CHAIR.

I'M WITH YOU.

I'M OKAY.

HOW ARE YOU SITTING? I'M DOING, I'M DOING VERY WELL.

THANKS.

UM, SO I WILL LET SECRETARY LERNER GET READY FOR THREE MINUTES.

UM, IT LOOKS LIKE YOU DIDN'T SPECIFY AN AGENDA ITEM, SO I'M GONNA WAIT FOR THE GREEN LIGHT, I THINK.

YEP.

SO WHENEVER YOU'RE READY, MS. JOSEPH, YOU HAVE THREE MINUTES AND THE FLOOR IS YOURS.

THANK YOU, MR. CHAIR MEMBERS I'M AS AN JOSEPH, MY COMMENTS ARE INDIRECTLY RELATED TO ITEM FIVE, A B N SIX, WHICH RELATES TO LEAVE IDENTITY AND EQUITY STATEMENT THAT YOU'RE REFORMING.

BUT SPECIFICALLY I WANTED TO SPEAK TO PROJECT CONNECT.

I WANTED TO INFORM THE MEMBERS THAT THE FEDERAL REGISTER IS OPEN UNTIL JUNE 23RD, 2021.

THAT IS PRETTY SIGNIFICANT BECAUSE YOU'RE ABLE TO PUT COMMENTS IN THE REGISTER FOR FEDERAL TRANSIT ADMINISTRATION TO CONSIDER WHETHER OR NOT TO GIVE CAPITOL METRO THE 45% IT'S MONDAY THROUGH THE $75 MILLION MAIL.

AS YOU ARE AWARE, NORTH MEMORIAL TRANSIT CENTER, THE NORTH LAMAR TRANSIT CENTER, THE TECHREADY PARKING LIGHT IT'S 24 TO 30 YEARS.

AND AS WE WERE TALKING ABOUT ETHICS AND THE NEED TO BE TRANSPARENT AND HONEST ON CITY COUNCIL'S AGENDA TOMORROW, AS IT WAS LAST WEEK, WHICH WAS ITEM 40 LAST WEEK, IT'S 93 TOMORROW THERE'S EQUITABLE TRANSIT ORIENTED DEVELOPMENT.

THE CITY HAS USED ACTUALLY NORTH LAMAR TRANSIT CENTER, AS I'VE JUST MENTIONED, IT'S 24 TO 30 YEARS, BUT THAT WILL INFORM, UH, THE RAIL SYSTEM.

THEY RECEIVED A MINI CAPITOL METROPOLITAN TRANSPORTATION AUTHORITY, $900,000 BEFORE AN EQUITABLE TRANSIT ORIENTED DEVELOPMENT GRANT.

THEY DID NOT USE THE DATA FROM DOWNTOWN.

AND AS YOU MAY BE AWARE, THE DEVELOPERS PAID A FEE IN LIEU OF BUILDING AFFORDABLE HOUSING DOWNSTAIRS, DOWNTOWN.

SO THEY ARE ACTUALLY USING THE DATA FROM NORTH MEMORIAL TRANSIT CENTER.

THAT'S THE TEXTS THAT'S RIDING LATE.

IT'S IN THE JULY 27TH, 2020 BOARD PACKET, WHICH SPECIFIES THE NEED FOR COORDINATION BETWEEN CAPITAL METRO, THE CITY OF AUSTIN AND TEXTILES.

I ALSO WANT YOU TO UNDERSTAND AND LISTEN DIRECTLY TO SAVE US FROM NOW TO THE PROPOSITION M A THAT WAS RELATED TO PROJECT CONNECT.

I JUST WANT TO CALL TO YOUR ATTENTION A REMINDER AS WELL THAT THE BLUE LINE WAS REZONED BACK ON OCTOBER 17TH, 2019, AND THEN LESS THAN A YEAR LATER, THERE WAS A PRESIDIUM.

THE DEVELOPER

[00:15:01]

ACTUALLY REQUESTED INNOVATIVE, AFFORDABLE HOUSING FOR PEOPLE WHO EARN APPROXIMATELY 80,000 TO $90,000 FOR TWO THIRDS OF THE UNIT.

AND SO IT IS VERY DISINGENUOUS FOR COUNCIL TO CONTINUE TO USE PROJECT CONNECT AS A GATEWAY TO EQUITY.

WHEN IN FACT THERE'S NOTHING EQUITABLE ABOUT THE SYSTEM.

I DO WANT YOU TO UNDERSTAND LASTLY, THAT THE CITY ACTUALLY NEEDED, UH, APPROVAL FROM THE STATE FOR HOUSE BILL 3 8, 9, 3, IN ORDER TO BUILD A DOWNTOWN TUNNEL.

AND I WAS ABLE TO GET THE REPUBLICAN SENATORS TO UNDERSTAND THAT TITLE SIX OF THE CIVIL RIGHTS ACT OF 1964 TO VIVID DISCRIMINATION BASED ON RACE, COLOR, NATIONAL ORIGIN.

AND IF THEY PASS THAT BILL, THEY WOULD BE A COMPLICIT IN THE DISCRIMINATION, CRYING IN THE CITY OF AUSTIN.

AND SO THOSE ARE MY COMMENTS.

AND JUST AS A REFRESHER, I JUST WANT YOU TO KNOW THAT THE CHAIRMAN LEE COOPER DID ACKNOWLEDGE DISPARATE IMPACT ON JANUARY 28TH, 2019 IN THE BOARD MEETING, UH, THE BLACKS WAIT 60 MINUTES FOR THE BUS.

IT'S SIX MINUTES IF YOU'RE IN METRO RAIL, UH, KRESGE STATION.

SO BLACKS LIKE 10 TIMES LONGER AND TITLE SIX UPDATE WAS ON OR ABOUT MAY 19TH, 2021.

AND I ASKED, UH, DIETER WHO IS THE SENIOR PLANNER, IF HE WOULD WE ANALYZE AND EVALUATE THE ROUTES.

AND HE SAID THAT THEY WERE NEVER GOING TO DO SO.

SO THAT IS WHY IT IS, UM, IN YOUR INDIVIDUAL CAPACITY.

IF YOU WILL SUBMIT COMMENTS TO LET THE FEDERAL TRANSIT ADMINISTRATION KNOW THAT THE ROUTER AND EQUITABLE, THAT WOULD BE GREATLY APPRECIATED.

THEN MR. CHAIR, I DID SEND YOU A MEMO THAT I TYPED FOR COMMISSION LAST NIGHT, THE CDC COMMISSION, UM, AND I ALSO SENT IT TO A COMMISSIONER GREENBURG, NO OFFENSE TO THE OTHER COMMISSIONERS.

I WAS JUST RUNNING OUT OF TIME.

AND THE TWO OF YOU WERE IN MY INBOX REAL QUICK.

SO THE STAFF, WE WOULD FORWARD IT TO THE REST OF THE MEMBERS.

I THINK THEY WOULD APPRECIATE THAT AS WELL.

AND SO THE LINKS TO THE ORANGE LINE AND BLUE LINE ARE THERE AS WELL.

AND IF YOU HAVE ANY QUESTIONS, MY BLEND MANS THE METHODS TIME, AND THANK YOU FOR ALLOWING ME TO BE SO EXTENSIVE AS ALL OF COURSE.

AND THANK YOU, MS. JOSEPH FOR TAKING THE TIME TO BE WITH US AND SHARING THAT WITH US.

I WANT TO LET YOU KNOW THAT, UM, I ACTUALLY APPRECIATE YOU NOT SENDING IT TO EVERY COMMISSIONER'S EMAIL BECAUSE THAT OPENS UP A CAN OF WORMS, BUT I DID TAKE, UH, THE DOCUMENT THAT YOU SENT US.

UM, I FORWARDED IT TO LYNN CARTER, THE LIAISON AT THE CITY ATTORNEY'S OFFICE THAT WORKS WITH US AND HELPS US, AND SHE'LL BE ABLE TO DISTRIBUTE, UH, THAT MEMO TO THE REST OF THE COMMISSIONERS SO THEY CAN REVIEW IT AS WELL.

THANK YOU.

OF COURSE.

I LOVE YOU GET TO STAY FOR THE COMMISSION WHO DON'T HAVE THE BENEFIT OF SEEING THE SLIDES RIGHT NOW, BUT I ACTUALLY SUBMITTED THE CHARTS FOR YOU TO BE ABLE TO SEE THE 24 TO 30 YEARS.

UM, AND I'M NOT SURE I THINK I PUT IT IN THERE, BUT THE AFFORDABLE HOUSING DEVELOPMENTS AND MANY IN 2019, THE TRAVIS COUNTY COMMISSION QUIP, WE WERE ALL A PROXIMATELY 1.3 TO FOUR MILES AWAY IN NORTHEAST AUSTIN.

UM, THEY HAD NINE PROJECTS AND THERE WAS EVEN A FIVE MILE RADIUS FROM THEM, UH, THE PROJECT IN SOUTHEAST AUSTIN.

AND SO IT'S JUST DISINGENUOUS.

THERE WAS A, UM, THIS IS MY LAST TIME AND I DON'T WANT ME TO BE TOO LONG WINDED.

THERE IS, UM, UH, AN AFFORDABLE HOUSING SEARCH TOOL THAT YOU CAN USE, AND IT SHOWS WHERE THE AFFORDABLE HOUSING AND ARE WITHIN HALF A MILE OF THE CORRIDOR.

BUT IT'S IMPORTANT TO UNDERSTAND THAT THREE OF THE NORTHEAST METRO RAPID BUSES WERE ELIMINATED.

SO THE CORRIDORS ARE THERE AND THE AFFORDABLE HOUSING IS THERE THAT'S DISINGENUOUS BECAUSE THAT NORTH LAMAR, FOR EXAMPLE, IF YOU LOOK AT SAMSUNG, THE APPLE THAT WAS ELIMINATED, BUT THAT'S STILL A MAJOR CORRIDOR IN THE 30 YEAR PLAN, YOU JUST HAVE TO, YOU KNOW, KIND OF LOOK AT IT WITH A GRAIN OF SALT AND RECOGNIZE THAT NORTHEAST, THE 180 3 IS, UH, IS REALLY SUBSTANDARD SERVICE, EXCEPT I WILL TELL YOU THAT WITH THE SOCCER, UM, THE ADVENT OF FC SOCCER, THE BUS ROUTES THAT I WAS FOUGHT SO HARD FOR 3 92 AND 3 83 TO LIFELINE, BUT THEY WILL ACTUALLY RUN THOSE BUSES 20 MINUTES AND EVERY 15 MINUTES FOR THE SOCCER GAMES, BUT NOT FOR PEOPLE TO GET TO WORK.

SO GO FIGURE.

BUT ANYWAY, I JUST WANTED YOU TO KNOW THAT AND FOR THE MEMBERS TO KNOW THAT I ALSO PUT, UM, THE INFORMATION FROM THE SURVEYS THAT WE COLLECTED WAY BACK IN 2016.

SO THEY WOULD KNOW THE SYSTEM IS ACTUALLY WORKING AS IT WAS DESIGNED FOR THE WHITE MILLENNIALS, BUT OF COURSE THEY DOESN'T MAKE IT RIGHT.

NO.

WELL, AGAIN, THANK YOU FOR THE INFORMATION AND FOR YOUR, YOUR LONG, LONG, UH, HISTORY OF ADVOCACY ON THESE KINDS OF ISSUES REALLY APPRECIATED.

AND LIKE I SAID, UM, UH, SENT IT TO LYNN LYNN CARTER WITH THE LAW DEPARTMENT WHO SHOULD BE FORWARDING IT TO EVERYONE SO THAT THE REST OF THE COMMISSION CAN REVIEW IT AS WELL.

UM, BUT REALLY APPRECIATE YOUR TAKING THE TIME AND SPEAKING WITH US, MS. JOSEPH, AND I APPRECIATE IT, MR. CHERRY, YOU KNOW, THE ONE THING I WOULD JUST ASK YOU WHEN YOU'RE

[00:20:01]

CONSIDERING YOUR, UM, YOU KNOW, THE STATEMENT IS TO RECOGNIZE THAT THIS JUST SAYING EQUITY AT NAUSEUM, DOESN'T MAKE IT EQUITABLE.

AND THAT IS WHAT UNFORTUNATELY HAS BEEN THE TREND WITH THE CITY OF AUSTIN.

IT'S BEEN, EVERYTHING HAS EQUITY DIVERSITY, BUT WHEN YOU JUST LOOK AT THE DATA AND YOU LOOK AT THE BUS ROUTES, YOU JUST HAVE TO PULL OUT A SYSTEM MAP AND YOU CAN SEE 60 MINUTES AND BLACK NEIGHBORHOODS AND 10 TO 12, YOU KNOW, IN SOUTHWEST AND CENTRAL.

I MEAN, THAT IS REALLY WHAT ALL THE SENATORS, UM, IS.

I JUST USED CAPITOL METRO SYSTEM.

AND I DIDN'T HAVE TO JUST SAY BLACK AND WHITE.

I JUST TOLD THEM THAT 60 WAS WHERE THE BLACK CHILDREN, 10 TO 12, AND THEN IT WAS HALF OF THAT DURING THE COURSE OF THE PANDEMIC.

SO IT'S PRETTY BLACK AND WHITE AND THEY DON'T HIDE IT.

SO ANYWAY, I APPRECIATE TO THE MOMMY.

NO, OF COURSE.

THANK YOU AGAIN, MS. JOSEPH, UM, YOU WILL, UH, WE'LL LOOK FORWARD TO SEEING YOU AT A FUTURE MEETING.

I'M SURE.

UM, BUT, UH, I HOPE YOU HAVE A GOOD EVENING, NONETHELESS.

OKAY.

THANK YOU SO MUCH.

ALL RIGHT.

HAVE A GOOD ONE.

WE'LL TALK SOON.

BYE.

OKAY.

ALL RIGHT, COMMISSIONERS.

UM, SO BEFORE WE DIVE INTO THE REST OF OUR AGENDA, A COUPLE OF THINGS, UM, SO VICE-CHAIR, OR HURRY IS GOING TO BE RICKY'S ABSENT, BUT HE WANTED TO, UH, MAKE SURE THAT IT WAS KNOWN THAT HE WAS RECUSING FROM AGENDA ITEM NUMBER FOUR AND ITEM ONE C RELATED TO COMPLAINT FILED BY OLIVIA OVERTURN AGAINST MAYOR PRO TEM HARPER, MADISON, AND OUR COMMISSIONER DANBURG HAS DECIDED TO ABSTAIN FROM PARTICIPATING IN AGENDA ITEM NUMBER FOUR AND ITEM ONE C AS WELL.

UM, SO, UH, I'LL KIND OF DISCUSS A LITTLE BIT MORE ABOUT THAT ITEM ONCE WE GET TO IT.

UM, IN THE MEANTIME, I THINK, YES, THE FIRST ITEM ON THE AGENDA IS ACTUALLY

[1.EXECUTIVE SESSION]

TO GO INTO EXECUTIVE SESSION.

SO WITHOUT OBJECTION, YEAH.

ETHICS REVIEW COMMISSION WILL NOW GO INTO CLOSED SESSION TO TAKE UP THREE ITEMS PURSUANT TO SECTION 5, 5, 1 0.07.

ONE OF THE TEXAS GOVERNMENT CODE, THE ETHICS REVIEW COMMISSION WILL CONSULT WITH LEGAL COUNSEL ON LEGAL ISSUES RELATED TO THE FOLLOWING.

THE COMMISSION MAY GO INTO EXECUTIVE SESSION TO DISCUSS A, A COMPLAINT FILED BY JOSEPH CASINO AGAINST ANA AUTO SWINDLER, WHICH COMPLAINT ALLEGES VIOLATIONS OF CITY CODE CHAPTER TWO DEATHS TO CAMPAIGN FINANCE SECTIONS TWO TO 23 AND TWO TO 26 B COMPLAINTS FILED BY MARK LITTLEFIELD AGAINST STEVE AUSTIN NOW, WHICH ALLEGED VIOLATIONS OF CITY CODE CHAPTER, THE CITY CODE SECTIONS TWO TO 23 AND TWO TO 26, AND THEN SEE A COMPLAINT FILED ON MAY 17TH, 2021 BY OLIVIA OVERTURN AGAINST MAYOR PRO TEM, NATASHA HARPER, MADISON WITH THE LEGENDS VIOLATION CITY CODE SECTION 2, 2 1 B AND E, AND THEN SEVERAL SECTIONS OF CITY CODE CHAPTER TWO DASH SEVEN, WHICH RELATES TO ETHICS AND FINANCIAL DISCLOSURE.

IS THERE ANY OBJECTION TO GOING INTO EXECUTIVE SESSION ON THE ITEMS ANNOUNCED HEARING AND SEEING YOUR NUN PERMISSION? WE'LL NOW GO INTO EXECUTIVE SESSION.

YES.

YES.

ARE YOU GOING TO TAKE UP BOTTOM A FIRST? UM, OH, THAT IS A GOOD QUESTION.

UM, YOU KNOW WHAT, UH LET'S SO IF YOU'RE LEVEL YEAH, NO, I SEE WHAT YOU'RE SAYING.

I THINK, UM, UH, IF IT'S, IT MAY BE MORE CONVENIENT TO TAKE, UH, ITEMS B AND C FIRST IN THE EXECUTIVE SESSION SO THAT YOU CAN JUMP IN AND ADVISE US, AND THEN WE'LL GET LYNN TO ADVISE US ON A, UM, SO GREAT.

THANKS FOR, UH, THANKS FOR THE HEADS-UP ON THAT.

SO SEEING NO OBJECTIONS AND HEARING NO OBJECTIONS, THEN THE COMMISSION WILL NOW GO INTO EXECUTIVE SESSION.

THE TIME IS 6:30 PM AND COMMISSIONER, AS A REMINDER, YOU WILL LEAVE THIS MEETING IN WEBEX, GO BACK TO THE EMAIL AND THEN FOLLOW THE INSTRUCTIONS FOR THE EXECUTIVE SESSION AND JOIN THAT MEETING.

AND I WILL SEE YOU ALL ON THE OTHER SIDE.

ALL RIGHT, I'LL WAIT FOR COMMISSIONER DANBURG TO COME BACK TO CAMERA AND THEN WE WILL JUMP BACK INTO OPEN SESSION.

[00:25:12]

HI THERE.

OKAY.

SO I'LL LET YOU GET SETTLED.

IN THE MEANTIME, I WILL GET US BACK INTO OPEN SESSION.

SO WE ARE OUT OF CLOSED SESSION.

THE TIME IS NOW 8:03 PM.

IN CLOSED SESSION.

WE TOOK UP AND DISCUSS LEGAL ISSUES RELATED TO A COMPLAINT FILED BY JOSEPH CASINO AGAINST ALDO SWINGER, WHICH COMPLAINT ALLEGES VIOLATIONS OF CITY CODES.

SECTIONS TWO DASH TWO DASH 2 3 2 DASH TWO DASH TWO SIX B COMPLAINTS FILED BY MARK LITTLEFIELD AGAINST STEVE AUSTIN.

NOW, WHICH ALLEGED VIOLATIONS OF CITY CODE SECTIONS TWO DASH 2 2 2 3 AND TWO DASH TWO DASH TWO SIX IN A COMPLAINT FILED BY OLIVIA OVER TURF AGAINST MAYOR PRO TEM TO TOUCH HER HARPER, MADISON, WHICH ALLEGED VIOLATION OF CITY CODE SECTION TWO DASH ONE AND SEVERAL SECTIONS CHAPTER TWO, DESKS SEVEN.

UM, THERE WAS A SLIGHT ERROR, UH, AT THE BEGINNING OF THIS MEETING.

UM, I HAD SAID THAT, UH, DUE TO ATX SENSE, LIMITED CAPACITY THAT WE WEREN'T BEING BROADCAST LIVE ON ATX AND IT TURNS OUT THAT WE ARE ON ATX AND THREE.

SO HELLO.

ATX N UM, AND WITH THAT, UH, WITHOUT FURTHER DELAY, WE'LL JUMP INTO OUR NEXT ITEM ON OUR AGENDA, WHICH I BELIEVE AT THE TIME, MAYBE YOU DID.

I DIDN'T HEAR, I THINK I DID.

I THINK I SAID IT WAS 8 0 3, UH, WHENEVER WE GOT OUT OF OUR CLOSED SESSION OR BACKDOOR OPEN SESSION EITHER.

AND I SAID THAT OPEN SESSION AS WELL.

UM, BUT IT, IT WAS 803.

IT IS NOW 8 0 4 FOR THE SAKE OF THE RECORDING.

UM, WE ARE IN OPEN SESSION AGAIN, SO WITHOUT OBJECTION, UM, WE'RE GOING TO GO INTO OUR NEXT

[2. PRELIMINARY HEARING Discussion and possible action regarding the following: A complaint filed by Joseph Cascino against Otto Swingler, which complaint alleges 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).]

ITEM ON THE AGENDA.

IT'S A PRELIMINARY HEARING A COMPLAINT BY JOSEPH CASINO AGAINST AUTO SWINDLER, WHICH COMPLAINT ALLEGES VAC CAMPAIGN FINANCE VIOLATIONS SPECIFICALLY, I THINK TWO DASH TWO DASH 2 3 2 DASH TWO DASH TWO SIX.

AND WILL THE PARTIES PLEASE ANNOUNCE WHO IS APPEARING, UM, FOR THE COMMISSION? I WANT TO MAKE SURE THAT THE COMPLAINANT AND RESPONDENT ARE HERE AND ANNOUNCE THEMSELVES ACCORDINGLY.

UH, THIS IS JOSEPH CASINO, UH, THE COMPLAINANT.

HELLO, MR. CASINO, AND TWO RESPONDENT, UM, COUNSEL FOR THE RESPONDENT.

IS THAT YOU? YES, THIS IS ERIC HOPI, ELLA FOR RESPONDENT, AND ALSO, UH, RESPONDENT IS IN ATTENDANCE AS WAS GREAT.

OKAY.

UH, MR. SWINDLER, AND THANK YOU, MR. PILA, UM, COUNSEL FOR RESPONDENT.

HOW DO I PRONOUNCE YOUR LAST NAME? I'M SORRY.

P ELLA THAT'S OKAY.

PRONOUNCES HERE.

43.

YUP.

I'VE LIVED THAT LIFE MYSELF.

UM, OPLS I APPRECIATE THAT.

UM, OKAY, WELL, UM, I'M HAPPY TO, UH, BRIEFLY GO OVER THE PROCEDURES, UM, IN A PRELIMINARY HEARING, IF YOU'D LIKE, UM, I BELIEVE THAT BOTH COMPLAINANT AND RESPONDENT SHOULD HAVE GOTTEN A NOTICE OF THE PRELIMINARY HEARING THAT INCLUDED THE RULES OF PROCEDURE, UM, AND KIND OF THE PARAMETERS FOR HOW THE PRESENTATIONS ARE GOING TO GO.

UM, I AM HAPPY TO, IF YOU DIDN'T, I SEE SOME LOOKS, I'M HAPPY TO DO A QUICK OVERVIEW OF WHAT WHAT'S IN STORE IN A PRELIMINARY HEARING, UM, AND A REMINDER TO MUTE YOURSELF IF YOU'RE NOT TALKING, JUST SO THAT WE MINIMIZE FEEDBACK AS MUCH AS POSSIBLE COMMISSIONERS PARTIES, EVERYONE ALIKE.

UM, SO A PRELIMINARY HEARING, UM, THE QUESTION BEFORE THE COMMISSION IS WHETHER OR NOT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION OCCURRED.

UM, AND IF THERE ARE REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION OCCURRED, UM, WHETHER WE GO TO A FINAL HEARING OR IF IT'S UNCONTESTED AND THE RESPONDENT ADMITS THAT THERE WAS A VIOLATION, WHAT THE APPROPRIATE SANCTIONS ARE.

THAT IS WHAT HAPPENS AT A PRELIMINARY HEARING.

UM, BOTH THE COMPLAINANT AND THE RESPONDENT ARE A LOT OF 10 MINUTES FOR A PRESENTATION.

UM, AND AT THE END OF THAT 10 MINUTES, UM, COMMISSIONERS AT THE END OF EACH 10 MINUTE PRESENTATION, RATHER AT THE END OF BOTH 10 MINUTE PRESENTATION.

SO COMPLAINANT WILL HAVE 10 MINUTES.

RESPONDENT HAS 10 MINUTES, AND THEN THE COMMISSIONERS ARE OPEN TO ASK QUESTIONS OF EACH PARTY.

UH, THERE'S NO CROSS EXAMINATION.

UM, IF THERE ARE QUESTIONS THAT YOU WOULD LIKE TO POSE TO THE OTHER PARTY, YOU CAN ASK THE COMMISSION, UH, AND

[00:30:01]

THE COMMISSION THEN IN TURN, IF THEY THINK IT'S AN INAPPROPRIATE QUESTION, CAN POSE THAT TO THE OPPOSING PARTY, BUT THERE'S NO KIND OF CROSS EXAMINATION ALLOWED.

UM, UH, I DON'T KNOW IF LYNN, I'M HAPPY TO HAVE YOU JUMP IN IF I'M MISSING A KIND OF IMPORTANT KEY THING JUST FOR THE SAKE OF EVERYONE'S UNDERSTANDING, BUT THAT'S KIND OF THE GIST OF IT.

UM, SURE.

LEN CARTER, UH, ATTORNEY FOR THE COMMISSION, I WILL JUST ADD THAT THE COMMISSION HAS THE OPTION OF IF THERE IS AN ADMISSION, THERE'S ESSENTIALLY NO CONTEST ABOUT THE VIOLATIONS.

THE COMMISSION COULD DETERMINE SANCTIONS AT THE PRELIMINARY HEARING, OR IT COULD CHOOSE TO PROCEED TO FINAL HEARING.

UM, IT HAS BOTH THOSE OPTIONS, RIGHT.

OKAY.

THEN, UH, SECRETARY LEARNER IS GOING TO BE KEEPING TIME FOR US.

UM, SHE'LL I THINK SHE WAS DOING AT THE BEGINNING OF THE MEETING, UM, 10 MINUTES.

YES.

UM, AND SO, UH, SHE'LL LET YOU KNOW WHEN I THINK WE'RE GETTING CLOSE OR, UM, YEAH.

THAT'S HOW WE, HOW WE USUALLY DO IT.

I DON'T WANT TO INTERRUPT Y'ALL SO YOU'RE GOING TO SEE THE CLOCK.

AND SO I JUST ASK YOU TO TRY TO WATCH, IF NOT, UM, I'LL, ONCE YOU TAKE A BREAK AFTER THE 10 MINUTES ENDS, I'LL TRY TO LET YOU KNOW THAT YOUR TIME IS UP.

YEAH.

WELL, YOU CAN FINISH YOUR THOUGHT OR YOUR SENTENCE, BUT WE'LL TRY TO KEEP IT TO 10, UM, AS BEST WE CAN.

OKAY.

SO WHENEVER YOU'RE READY, MR. CASINO IS THE COMPLAINANT.

I LEFT 10 MINUTES AND WHENEVER YOU'RE READY, YOU CAN START.

OKAY, WONDERFUL.

THANK YOU, MR. CHAIR MEMBERS.

MY NAME IS JOE CASINO AND I AM A STUDENT AT THE UNIVERSITY OF TEXAS, AND I'M ACTIVE IN LOCAL CAMPAIGNS.

I WON'T NEED ALL 10 MINUTES NOR DO I HAVE ANY SORT OF FANCY POWERPOINT, BUT I'M VERY APPRECIATIVE OF THE OPPORTUNITY TO ROADMAP MY COMPLAINTS.

BACK IN LATE MARCH, A FRIEND OF MINE SENT ME A SCREENSHOT OF A GENTLEMAN NAMED WALT FERGUSON'S FACEBOOK POSTS, SOLICITING FUNDS FOR A PRO PROP B BILLBOARD CAMPAIGN, UH, AFTER ACTUALLY GOING TO THE LINK I SAW THERE WAS A FUNDRAISING CAMPAIGN CONNECTED TO A CITY ELECTION THAT WAS ORGANIZED BY MR. SWINDLER, AS WELL AS A JOHN HENRY SWINDLER AND A KENDALL BROWN AFTER ACTUALLY GOING TO THE LINK.

I SAW THAT THERE WAS A FUNDRAISING CAMPAIGN CONNECTED TO A CITY ELECTION, UM, YOU KNOW, ORGANIZED BY THESE, THESE THREE GENTLEMEN.

AND AT THE TIME THAT I CHECKED, UH, IT HAD RAISED OVER $25,000 OUT OF A 30,000 GOAL.

THERE WAS NO DISCLOSURE STATEMENT OF ANY KIND, AND SOME OF THE DONATIONS WERE LISTED AS ANONYMOUS, WHICH NOT ONLY VIOLATES SECTIONS TWO DASH TWO SECTIONS IN CHAPTER TWO DASH TWO OF THE CITY CODE, SPECIFICALLY CHAPTER TWO DASH TWO DASH 32 AND 33 BECAUSE OF THE LACK OF DISCLOSURE AND IT'S ANONYMOUS SOURCES AS WELL AS 23 AND 26, DUE TO THE APPARENT LACK OF A TREASURER'S REPORT FILED FOR SOMETHING CONNECTED TO A CITY ELECTION.

IT ALSO VIOLATES CHAPTER 2 50, 2 OF THE STATE ELECTION CODE.

UM, I MIGHT BE YOUNG, BUT I KNOW THAT THE VERY FIRST THING ANYONE MUST DO IN ANY CAMPAIGN OR, UM, IN ANY PACK OF ANY KIND IS TO FILE A TREASURER'S REPORT.

UH, IT'S NOT ONLY IN THE CITY CODE, BUT IT'S STRAIGHT UP STATE LAW.

UH, TO MY KNOWLEDGE, MR. SWINDLER HAS NO PAC REGISTERED WITH THE CITY CLERK OR WITH THE TEXAS ETHICS COMMISSION.

ADDITIONALLY, I DON'T KNOW IF MR. FERGUSON, THE, UH, GENTLEMAN WHO POSTED THE LINK THAT KIND OF TIPPED ME OFF TO THIS WAS ACTING IN A PRIVATE CAPACITY, UH, OR WAS HIMSELF CONNECTED TO THE GROUP PUSHING THESE BILLBOARDS.

BUT IF HE WAS CONNECTED, HE WAS SIMULTANEOUSLY SOLICITING FUNDS FOR SAVE AUSTIN.

NOW PACK IN THE FACEBOOK POST AND QUESTION, WHICH ABSENT A SWORN STATEMENT AS REQUIRED BY CHAPTER TWO DASH TWO DASH 32, SUBSECTION B IS A VIOLATION, UH, ON HIS PART UPON LOOKING BACK AT THE GOFUND ME SEVERAL DAYS LATER, THE FUNDRAISER HAD BEEN QUOTE THE ACTIVATED BY THE ORGANIZER, UH, BUT SAID THAT IT HAD RAISED ITS $30,000 GOAL.

UH, WHILE I HAVE A SCREENSHOT OF THE DEACTIVATED FUNDRAISER STANDING, IT HAD REACHED ITS GOAL AND THAT THE $30,000 HAD BEEN RAISED.

I REGRETFULLY DID NOT TAKE ONE WHILE THE FUNDRAISER WAS STILL ACTIVE, UM, SHOWING THESE ANONYMOUS DONATIONS AND THE LACK OF DISCLOSURE, UH, AS MENTIONED ALL OF THAT PREVIOUS INFORMATION WAS HIDDEN NOW.

UM, UH, UM, SO NONETHELESS THOUGH, UM, IF YOU GOOGLE, UH, MR. SWINDLERS ORIGINAL GOFUNDME ME LINK TODAY, I'M CLICKING ON IT IS A 4 0 4 ERROR, BUT IT STILL READS IN DESCRIPTION ON GOOGLE QUOTE.

I HAVE SPENT $10,000 OF MY OWN MONEY CREATING ARTWORK AND PRINTING VINYL FOR BLANK.

AND THEN IT ENDS THOUGH THE ORIGINAL FUNDRAISER HAS, UM, BEEN DEACTIVATED.

AND MY VIEW IT IS WITHIN THE PUBLIC INTEREST OR OPEN KNOWLEDGE OF WHERE THE RAISE $30,000

[00:35:01]

WINS AND WHO PROVIDED IT.

I UNDERSTAND THAT THIS COMMITTEE HAS THE POWER TO ALTER, UM, UH, COMPLAINTS TO BETTER FIT, UH, OTHER SECTIONS OF THE CODE.

AND IT SEEMS THAT MY COMPLAINT HAS BEEN, UH, CHANGED TO SECTIONS TWO DASH TWO DASH 23 AND TWO DASH TWO DASH 26.

THAT'S COMPLETELY FINE WITH ME.

UH, I'M NOT BY ANY MEANS AN EXPERT, BUT I DO KNOW THAT IN ACCORDANCE WITH AUSTIN'S MODEL CAMPAIGN FINANCE RULES, THE ACTIONS BY MR. SWINDLER WARRANT LOOKING INTO BY THIS BODY, AND I'D BE HAPPY TO SEND OVER WHATEVER SCREENSHOTS OR SUPPLEMENTAL INFORMATION I HAVE AND ANSWER ANY AND ALL QUESTIONS.

UM, I'LL CUT IT OUT THERE.

THANK YOU.

THANK YOU, MR. CASINO.

I WANT TO JUST VERY BRIEFLY CLARIFY SOMETHING.

I HAD ACTUALLY MADE AN ERROR IN DESCRIBING THE ALLEGED VIOLATIONS.

UM, THE COMMISSION DOESN'T HAVE THE POWER TO KIND OF TAILOR TO DIFFERENT KIND OF, SO THE ORIGINAL CHAPTERS SECTIONS OF CITY CODE THAT YOU HAD INITIALLY INDICATED IN YOUR COMPLAINT, THOSE ARE THE THAT'S THE COMPLAINT BEFORE US.

YOU'VE NOT.

SO I APOLOGIZE.

THE RESPONDENT WAS CONFUSED BY THAT EITHER.

UM, UH, MISSTATEMENT ON MY PART AS TO WHICH CITY CODE PROVISIONS WE'RE TALKING ABOUT, IT'S THOSE THAT WERE IN THE COMPLAINT THAT YOU FILED.

SO I'M OKAY WITH THAT.

UM, THANK YOU VERY MUCH, MR. CASINO.

WE'LL GO TO RESPONDENT NOW FOR 10 MINUTES.

UM, COUNSEL FOR THE RESPONDENT, ARE YOU GOING TO BE SPEAKING FOR THE 10 MINUTES OR IS THIS YES.

AND YOU GIVE ME ONE MOMENT.

UH, IT PROBABLY WON'T BE THE ENTIRE 10 MINUTE PERIOD.

UH, WE DO HAVE A POWERPOINT TO SHARE.

CAN YOU ALL SEE THAT YOU CAN? YES.

RIGHT.

GREAT.

WELL, THANK YOU SO MUCH FOR, UM, UH, UH, HEARING OUR RESPONSE, UH, AND OUR REASONS FOR THIS, THE COMPLAINT AGAINST, UH, MR. SWINDLER THAT WAS RAISED BY MR. CASINO AS A, THE CHAIR NOTED THE AGENDA FOR THE MEETING TONIGHT DID NOT STATE THE ACTUAL REASONS, UH, UH, CORRECTLY FOR THE COMPLAINT OR THAT CITY CODES, UH, PROVISIONS THAT WERE ALLEGED TO BE VIOLATED.

HOWEVER, THE NOTICE THAT WE RECEIVED DID CORRECT FROM, UH, MS. LYNN CARTER, WHO'S YOUR COUNSEL DID CORRECTLY STATE THOSE.

UM, SO THAT'S SOMETHING THAT Y'ALL WILL HAVE TO WORK ON AND DECIDE WHETHER PROPER NOTICE WAS GIVEN FOR THIS MEETING, UH, BECAUSE IT DID NOT NOTE THE ACTUAL, UH, PROVISIONS THAT WERE RAISED, UH, IN THE PUBLIC NOTICE THAT WAS GIVEN FOR THIS MEETING.

BUT NEVERTHELESS, I'M GOING TO GO THROUGH THE SPECIFICS OF THE COMPLAINT, UH, AND, UM, AND I, AND, UH, WE'LL START FIRST OF ALL, WITH THE FIRST ALLEGED VIOLATION.

I DON'T KNOW IF YOU HAVE A COPY OF THE COMPLAINT IN FRONT OF YOU, UH, YOU ALL SHOULD HAVE BEEN PROVIDED A COPY OF THAT COMPLAINT.

UH, BUT THE FIRST ALLEGATION IS, UH, AS MR. CASTIANO MENTIONED THAT THE GOFUND ME SOLICITATION DID NOT HAVE THE DISCLAIMER REQUIRED BY SECTION TWO DASH TWO DASH 33 OF THE CITY CODE.

UH, FIRST OF ALL, I WILL NOTE THAT WE WILL SHOW, UH, THAT GOFUNDME DID NOT CHARGE FOR THIS PAGE.

UH, IF YOU'RE NOT FAMILIAR WITH THE GOFUND ME SYSTEM, IT IS A, UH, WEB BASED SYSTEM THAT ALLOWS PEOPLE AT NO CHARGE TO, UH, POST NEEDS, UH, THAT THEY HAVE, UH, FOR FUNDRAISING PURPOSES.

AND THOSE FUNDS ARE THEN BECOME THE PROPERTY.

THE PERSON WHO IS RAISING THOSE, THOSE FUNDS, THERE IS NO CHARGE BY THE WEBSITE FOR THE SOLICITATION.

UH, AND HE MENTIONED THIS FACEBOOK POST THAT WAS MADE BY MR. FERGUSON AT FIRST WAS NOT MADE BY THE RESPONDENT.

AND SO HE HAD NO KNOWLEDGE OR INVOLVEMENT IN THE POST.

UM, BUT IT ALSO WAS WITHOUT CHARGE AS YOU WELL KNOW, FACEBOOK IS NOT, UH, DOES NOT CHARGE FOR POSTS, UH, IN SOME HERE, NO PERSON MADE ANY POLITICAL CONTRIBUTIONS TO RESPOND IN AN EXCESS OF $500 SHIFT FUND.

THE GO FUND ME SOLICITATION PAGE BECAUSE IT HAD NO CHARGE.

THEREFORE THE $500 EXPENDITURE LIMIT THAT IS IN TWO DASH TWO, TWO DASH 33 WAS NOT REACHED AND NO DISCLAIMER WAS REQUIRED FOR THAT PAGE.

AND YOU'LL NOTE IN TWO DASH TWO DASH 33 SUB BEET SUB D.

UH, IT DOES NOT APPLY TO, UH, ITEMS THAT COST LESS THAN $500 MOVING ON TO THE SECOND ALLEGED VIOLATION.

UH, AND THIS WAS THE FIRST ALLEGATION REGARDING TWO DASH TWO DASH 32, WHICH DEALS WITH DIRECT EXPENDITURES.

NOW, FIRST NOTE, UH, HIS, HIS ALLEGATION WAS THAT SOME CONTRIBUTIONS WERE ANONYMOUS.

FIRST.

I WILL NOTE THAT TWO DASH TWO DASH 32 ONLY APPLIES TO DIRECT EXPENDITURES, AND THERE WAS NO DIRECT EXPENDITURE THAT WAS MADE, UH,

[00:40:01]

UH, TO BENEFIT ANY BALLOT PROPOSITION THAT, THAT WAS THERE.

IT WAS IN FACT, THE FUNDS THAT WERE COLLECTED WERE, UH, CONTRIBUTED, UH, TO, UH, SAVE AUSTIN.

NOW, UH, THE PLAN ORIGINALLY BY MR. SWINGER WAS TO, UH, ENGAGE IN A BILLBOARD CAMPAIGN, BUT ONCE HE REALIZED HE COULD NOT EFFECTIVELY DO SO IN COMPLIANCE WITH THE LAW, HE THEN DONATED THOSE FUNDS, WHICH SAVE AUSTIN NOW REPORT IT AND NEVER MADE A DIRECT EXPENDITURE.

UH, BUT NEVERTHELESS, NO CONTRIBUTIONS WERE ANONYMOUS WHILE THE PAGE ITSELF ALLOWS DONORS TO DESIGNATE WHETHER THEIR NAME SHOWS UP ON THE PAGE.

UH, ALL DONOR NAMES WERE PROVIDED TO THE FUNDRAISER, UH, TO, UH, TO RESPONDENT.

UH, AND EVEN THOUGH HE WAS NOT REQUIRED TO DO SO UNDER CITY CODE, HE PROVIDED THE NAMES OF HIS CONTRIBUTORS TO SAY, BOSTON PACK UPON THE ADVICE OF COUNSEL, UH, AFTER HE ENGAGED COUNSEL.

AND SO I DO UNDERSTAND THAT, UH, SAVE AUSTIN NOW IS IN THE PROCESS OF AMENDING THEIR REPORT TO, UH, UH, TO DISCLOSE THOSE TO THE PUBLIC, BUT HE DID FULFILL, UH, ANY OBLIGATIONS HE WOULD HAVE UNDER STATE LAW.

AND OF COURSE THERE WERE NO OBLIGATIONS UNDER, UH, THE CITY CODE THAT IS ENFORCEABLE BY THE AUSTIN ETHICS COMMISSION TO, UH, TO PROVIDE THOSE NAMES OF THOSE CONTRIBUTORS.

UH, BUT HE DID.

SO, UH, UH, IN, IN, IN ANY CASE, SO I WANT TO TALK ABOUT DIRECT CAMPAIGN EXPENDITURES AND WHAT THE DEFINITION OF THAT IS.

UM, IT, A DIRECT CAMPAIGN EXPENDITURE IS DEFINED IN TWO DASH TWO DASH 31, UH, AND IT IS AN ELECTIONEERING COMMUNICATION, UH, THAT HAS MADE WITHOUT THE PRIOR CONSENT COOPERATION, STRATEGIC COMMUNICATION OR CONSULTATION, UH, BETWEEN A CANDIDATE, UH, OR A PERSON OR ENTITY MAKING THAT EXPENDITURE.

UH, AND, UH, WITHOUT ANY SHARING OF MATERIAL INFORMATION, IN THIS CASE, HE DIDN'T MAKE ANY DIRECT EXPENDITURES.

HE MERELY POSTED A FUNDRAISING CAMPAIGN, REALIZED THAT HE COULDN'T ACTUALLY CONDUCT THAT CAMPAIGN.

AND THEN, UH, IN, IN GOOD FAITH, UH, DONATED THOSE FUNDS, UH, TO SAVE AUSTIN NOW WHO ENGAGED IN WHATEVER ACTIVITIES THAT THEY, THEY ENGAGED IN WITH THE, UM, UH, WITH THE FUNDS THAT THEY RAISED FOR THEIR BALLOT PROPOSITION CAMPAIGN.

SO IT'S, THERE WERE NO REQUIREMENTS ON, UH, MR. SWINDLER TO REPORT DIRECT CAMPAIGN EXPENDITURES.

HE ALSO DID NOT, UH, UH, FORM A POLITICAL ACTION COMMITTEE.

AND I'LL GET INTO THAT IN JUST, JUST A MOMENT.

UM, JUST A QUICK ASIDE ON GO FUND ME, GO FUND ME.

DONATIONS ARE A, ARE THE PERSONAL PROPERTY OF THE RESPONDENT.

THEY WERE NOT ACTUALLY, UH, IF YOU LOOK AT HOW THE PLATFORM IS SET UP, THEY, ONCE THEY'RE RECEIVED, THEY ARE THE PERSONAL PROPERTY OF THE RECIPIENT.

THEY'RE CONSIDERED GIFTS FOR FEDERAL INCOME TAX PURPOSES, AS IT STATES ON, ON THE GOFUND MAY SITE, UH, UNLESS THEY'RE ACCEPTED IN EXCHANGE FOR GOODS OR SERVICES, IN WHICH CASE THIS CASE, THEY WERE NOT, UH, THEY ALSO, UH, WERE PROPERLY REPORTED AS A CONTRIBUTION BY THE RESPONDENT TO, UH, SAVE AUSTIN NOW PACK WHEN THEY MADE THEM, UM, HE, HE REFERENCED THE COMPLAINANT REFERENCED, UH, THIS TEAM THAT WAS SET UP WHEN THEY WERE, HE SET UP THE FUNDRAISER.

HOWEVER, MR. SWINDLER DID NOT, UH, SEEK ANY APPROVAL OR WAS NOT REQUIRED TO EITHER BY, UH, GOFUND ME OR INTERACTION BY THE TEAM MEMBERS.

HE DIDN'T NOTIFY THEM PRIOR TO NAMING THEM AS TEAM MEMBERS, NOR DID HE OBTAIN ANY CONSENT TO DO SO.

HE MERELY NAMED HIS RELATIVES AND THAT'S WHO, WHO WAS, UH, LISTED IN THE EVENT.

HE WAS UNABLE TO PROCEED WITH THE FUNDRAISER DUE TO ANY UNFORESEEN CIRCUMSTANCES, AND IN NO WAY, HE, HE DID WORK IN CONCERT WITH THEM OR THEY WITH HIM, UH, WHICH IS FUNDAMENTAL TO THE DEFINITION UNDER STATE LAW.

AND EVEN THOUGH THE CITY CODE DOESN'T DEFINE WHAT A POLITICAL COMMITTEE IS.

UH, AND SO THE SHORT ANSWER FOR GOFUND MADE YOU USE THIS SITE TO RAISE MONEY FOR ANY CAUSE THAT, THAT YOU WOULD WANT, IT'S NOT A POLITICAL FUNDRAISING SITE.

UH, YOU CAN RAISE MONEY FOR A CHARITY.

YOU CAN RAISE MONEY FOR ANY EXPENSES THAT YOU HAVE, AND THE TERMS OF THAT WEBSITE STATE, EXPLICITLY THAT THEY BECOME THE PERSONAL PROPERTY OF THE RESPONDENT.

AND SO HE THEN REPORTED WHAT HE KNEW, UM, UH, TO, UH, UH, TO SAVE AUSTIN NOW PACK.

AND THEN LATER ALSO, UH, FULFILLED ANY ADDITIONAL OBLIGATIONS HE MIGHT HAVE UNDER STATE LAW BY DISCLOSING THOSE NAMES AND, UH, UM, IN AMOUNTS AND, AND, UH, AND DATES OF CONTRIBUTIONS TO, UH, THE RECIPIENT PACK,

[00:45:02]

HIS FINAL VIOLATION THAT HE, UH, THAT, THAT MR. CASTIANO ALLEGES IS, UH, ANOTHER ALLEGATION REGARDING TWO DASH TWO DASH 32.

WELL, UH, FIRST OF ALL, HE SAID THAT HE SAW A SWORN STATEMENT OF NON COORDINATION WAS REQUIRED BY MR. FERGUSON.

WELL, FIRST OF ALL, MR. FERGUSON HAD NO COOPERATION WITH MR. UH, SWINDLER, UH, RESPONDENT HAD NO, UH, DID NOT SOLICIT THAT FACEBOOK POST BY MR. FERGUSON AND HAD NO INVOLVEMENT IN IT.

AND SO THERE WAS NO STATEMENT OF NON COORDINATION REQUIRED.

FIRST OF ALL, CAUSE THERE WAS NO DIRECT EXPENDITURE.

THIS IS DEALS WITH THE DIRECT EXPENDITURE SECTION, UM, RESPONDENT, UH, AS WE STATED EARLIER, RAISED FUNDS AS AN INDIVIDUAL SET UP THIS CAMPAIGN AND THEN DONATED THOSE FUNDS ONCE HE WAS NOT ABLE TO EXECUTE ON THAT CAMPAIGN.

UM, AND THEN IN PARTICULAR WITH REGARD TO THE COMMISSION RULES, UH, THIS LAST ALLEGATION DOES NOT FOLLOW YOUR COMMISSION RULES, UH, FOR A VALID COMPLAINT BECAUSE IT DOES NOT SPECIFY A DATE OF THE ALLEGED VIOLATION AND YOUR COMMISSION RULES, UH, ONE B ONE SPECIFICALLY STATE THAT YOU CANNOT CONSIDER A, UH, COMPLAINT THAT DOES NOT ALLEGE A SPECIFIC DATE OF A VIOLATION.

, UH, HE DID NOT ALLEGE A VIOLATION OF TWO DASH TWO DASH 26, BUT I WILL MENTION, UH, SPECIFICALLY WITH REGARD TO TWO DASH TWO DASH 26, THAT HE IS NOT A CANDIDATE.

HE IS NOT AN OFFICE HOLDER IS, UH, ALSO NOT A POLITICAL COMMITTEE BECAUSE STATE LAW REQUIRES IN DEFINITION THAT A POLITICAL COMMITTEE HAS TWO OR MORE PERSONS ACTING IN CONCERT WITH THE PRINCIPLE PURPOSE OF ACCEPTING POLITICAL CONTRIBUTIONS OR MAKING POLITICAL EXPENDITURES.

AND IT DOES NOT, EXPRESSLY DOES NOT INCLUDE A GROUP COMPRISED EXCLUSIVELY OF TWO OR MORE INDIVIDUAL, UH, PERSONS, UH, AS WELL.

UH, AND SO HE RAISED MONEY FOR AN EFFORT.

GO AHEAD.

ARE WE AT TIME, UH, WE'RE OPEN FOR ANY QUESTIONS? UM, I WANT TO, BEFORE WE, UH, LEAVE THE PRESENTATION, WE ARE REQUIRED TO NOTICE IF WE DO GO TO A, A FORMAL HEARING, UH, THE WITNESSES THAT WE NOTICED TO BE CALLED, AND THAT WOULD BE MR. SWINDLER, MR. FERGUSON, MR. UH, SWINDLERS, UH, BROTHER, AND ALSO, UH, KENDALL BROWN.

WE'RE OPEN FOR QUESTIONS.

WELL, THANK YOU VERY MUCH.

UH, MR. O'KEEFFE, UM, SO WITH THAT COMMISSIONERS, I AM HAPPY TO, UH, OPEN THE FLOOR TO ANY OF YOUR QUESTIONS FOR EITHER COMPLAINANT OR RESPONDENT.

UM, AND I SEE COMMISSIONER GREENBERG'S HAND FIRST, SO GO AHEAD, COMMISSIONER GREENBERG.

I HAVE QUESTIONS FOR BOTH.

UM, THE FIRST IS FOR THE COMPLAINANT.

UM, SO ARE YOU NOT MAKING A COMPLAINT ABOUT THE FACT THAT THE BILLBOARDS, THAT TYPE OF DISCLOSURE ON THEM? UH, NO.

MA'AM.

I JUST SAW THESE, UH, UM, ON THE GO FUND ME FOR A BILLBOARD CAMPAIGN, BUT, UM, THIS IS NOT RELATED TO WHAT WAS ON THE BILLBOARDS THEMSELVES.

OKAY.

UM, ALL RIGHT.

AND THEN, UM, FOR THE RESPONDENT, UM, DID MR. SWINDLER DONATE $30,000? UM, DID I DONATE THE MONEY TO SAY BOSTON NOW? YEAH.

THE WHOLE, DID YOU COLLECTED, DID YOU COLLECT $30,000 JUST IN YOUR OWN NAME? SO ALL, ALL THE MONEY THAT WAS RAISED ON GO FUNDING, WE, UH, DONATED THE ENTIRETY, UH, TO, UH, SAY BOSTON NOW, PAC IN AN EFFORT TO FOLLOW THE POLITICAL ACTION COMMITTEE LAWS.

UM, SO WE DIDN'T CONTRACT FOR PAPER CONSISTENT WITH THE GOFUND MAY, UM, BEING THE PROPERTY OF THE PURSE, PEOPLE WHO COLLECTED IT WERE THOSE NATIONS OWN NAME.

SO, SORRY, IT JUST CUT OUT A TAG-TEAM ON, WE'RE GETTING THE QUESTION.

YEAH.

SO, UM, YOUR LAWYER SAID THAT THE GOFUND MAY, UM, CONTRIBUTIONS ARE THE PERSONAL PROPERTY OF WHOEVER COLLECTED THAT.

SO WAS THAT A CONTRIBUTION WHERE ALL WAS ALL THE MONEY CONTRIBUTED IN YOUR NAME? ALL THE MONEY? UH, IN MY NAME, IN MY NAME

[00:50:01]

TO SAY BOSTON VALPACK, AND THEN IN ADDITION TO MY NAME BEING LISTED, UH, AS A CONTRIBUTOR, WE, UH, LISTED ALL OF THE NAMES OF ANYBODY WHO GAVE ME MONEY AND HONESTLY, A PRETTY COMPLICATED SET OF RULES FOR ALL OF US.

AND SO WE TRIED TO PROVIDE ALL THE MANS AND DATES AND AMOUNTS, UM, OF ANYBODY WHO'D DONE AIMS TO GET A FUNDING, INCLUDING MONTERREY, SPECIFICALLY THE ANONYMOUS THAT'S JUST ANONYMOUS FOR POSTING ON THERE.

YEAH.

SO I COULD SEE IT UNTIL I HAD A RECORD OF EVERYTHING.

BY THE WAY, I WAS LIKE 101 OR 102 PEOPLE, SOME OF THESE DONATIONS WERE AS SMALL AS 10 BUCKS, 25 BUCKS, YOU KNOW, AS LARGE AS TWO OR 300 BUCKS.

UM, YOU KNOW, OBVIOUSLY 90,000 PEOPLE SHOWED UP IN OUR CITY TO VOTE, UM, UH, FOR PROPERTY.

AND I THINK THE OVERWHELMING SUPPORT AND SAW THE POLLS WAS, WAS SEEING, YOU KNOW, WHEN, WHEN WE RAISED MONEY FOR THIS EFFORT, I THINK BEING AN AUSTINITE BORN AND RAISED MY WHOLE LIFE HERE, UH, THEN WENT TO AUSTIN HIGH SCHOOL AND IN UNIVERSITY OF TEXAS.

SO, UH, AS, AS, AS JOE, UH, YOU KNOW, W WE IN ANYBODY ELSE, SO THANK YOU TURNED OUT TO VOTE, UH, REGARDLESS OF WHICH WAY THEY VOTED, YOU KNOW, CARED ABOUT THE, THE, UH, UH, OUTCOME OF THIS ELECTION.

YEAH.

I'M NOT ASKING ABOUT ALL THAT.

I THINK YOU'VE ALREADY ANSWERED MY QUESTION.

THANK YOU, COMMISSIONER KALE.

YEAH.

I HAVE A QUESTION FOR MR. SWINDLER.

UM, WHEN DID YOU, A COUPLE OF TIMES I'VE HEARD, UM, THE TERMINOLOGY FROM YOUR COUNSEL THAT YOU REALIZED YOU WOULDN'T REACH THE GOAL OF, OF RAISING THE MONEY FOR YOUR BILLBOARD EFFORT.

AT WHAT POINT DID YOU REALIZE THAT AND, AND DECIDE TO DONATE TO SAY BOSTON NOW INSTEAD? UM, I THINK HE WAS REFERRING TO THE, UH, FOLLOWING OF THE RULES FOR POLITICAL ACTION COMMITTEES.

UM, WE, WE ACTUALLY HAD OVERWHELMINGLY POSITIVE RESPONSE ON THE GO FUND, ME PAGE.

I, I WAS FRANKLY SHOCKED THAT WE RAISED THAT MUCH MONEY.

UM, I THINK IT WAS JUST AN ISSUE THAT, THAT PEOPLE CARED A LOT ABOUT, UM, AND WERE WILLING TO DONATE, YOU KNOW, 30 GRAND WAS RAISED AND IN 72 HOURS, I DIDN'T EXPECT TO RAISE THAT MUCH MONEY.

UM, IT MEANS, YOU KNOW, JUST KIND OF PLANNING TO SEND IT TO A FEW PEOPLE THAT MIGHT SHARE THE SAME, YOU KNOW, CONCERN FOR A CITY THAT I DID.

AND, UM, UH, YOU KNOW, THANK THANKFUL OBVIOUSLY FOR THEIR DONATIONS, BUT IT WASN'T THE, IT WASN'T THE, UM, YOU KNOW, THE, I THINK WHAT, UH, ERIC CAPPIELLO WAS REFERRING TO WAS THE ABILITY TO EXECUTE ON THE BILLBOARDS WAS SOMETHING THAT WE THOUGHT, HEY, LIKE I THINK, YOU KNOW, KIND OF IN THE MIDDLE OF RAISING THIS MONEY, I HAD SOMEBODY TELL ME, HEY, I THINK YOU SHOULD DONATE THIS TO A PACK IN ORDER TO MAKE SURE YOU FOLLOW THE RULES, THE PACK AD, YOU KNOW, PAID FOR BY SAVE AUSTIN NOW, PACK ON ALL THE BILLBOARDS AND INCLUDING THE TOP FIVE DONOR DONOR, UH, DONORS OF SAVE AUSTIN.

NOW, JUST LIKE THE SIGNS YOU'RE SUPPOSED TO SAY.

SO THE INTENTION, UH, DESPITE IT NOW ENDING UP ON THIS, UH, ZOOM CALL, THE ATTENTION WAS IN FACT, ACTUALLY YOU CAN FOLLOW ALL THE RULES.

YOU KNOW, WE, WE RAISED MONEY IN AN EFFORT, YOU KNOW, TO, TO MAKE PEOPLE AWARE OF A LOCAL ELECTION THAT HISTORICALLY SPEAKING, IT'S VERY LOW VOTER TURNOUT.

THE GOAL IS, HEY, IF YOU CARE ABOUT THIS ISSUE, GO VOTE.

UM, AND, UH, YEAH, UH, YOU KNOW, INITIALLY I HAD PLANNED TO CONTRACT FOR BILLBOARDS MYSELF, DO NOT END UP DOING THAT.

UM, SAVE AUSTIN NOW, CONTRACTED THE BILLBOARDS AND, YOU KNOW, PUT THE DISCLOSURE STATEMENTS, YOU KNOW, PAID FOR ADVERTISING ON BILLBOARDS THEMSELVES.

I GUESS I'M ASKING AT WHAT POINT IN THAT PROCESS, DID YOU PIVOT TO DONATING THE MONEY TO SAVE AUSTIN NOW, INSTEAD OF DECIDING TO DO, DO YOUR CONTRACT FOR YOUR OWN BILLBOARDS? WHAT PLENTY OF THE PROCESS? I MEAN, YOU KNOW, WE, WE RAISED THAT MONEY WITHIN A THREE OR FOUR DAY, UH, UH, YOU KNOW, TIMEFRAME FROM A HUNDRED, YOU KNOW, A HUNDRED HUNDRED PEOPLE DONATED.

AND, UH, THAT WAS, YOU KNOW, WITHIN A FEW DAYS, UH, DONATED TO THEIR KIND OF, AS SOON AS WE CLOSED THEIR FUNDING, IT WAS DONE.

WE DONATED IT TO THE, TO THE, TO THE PACK.

I THANK YOU.

SURE.

MR. DANBURG, IF WE DO GO TO A FINAL HEARING ON THIS, UM, BECAUSE THIS HAS BEEN, YOU KNOW, KIND OF AN ONGOING ISSUE BEFORE THE COMMISSION, MY UNDERSTANDING IS THAT AT A DATE, CERTAIN, UH, SAVE AUSTIN NOW WENT FROM BEING 5 0 1 OR C ORGANIZATION TO BEING A PACK.

AND SO IF THOSE, IF THIS GOES FORWARD, I WOULD LIKE TO ASK BOTH THE COMPLAINANT AND THE RESPONDENT TO PROVIDE FOR US, UH,

[00:55:02]

A LITTLE, UH, TOWEL UNDER MORE OR LESS OF ON WHAT DATES THIS HAPPENED ON WHAT DATES THAT HAPPENED SO THAT WE CAN GET IT STRAIGHT IN OUR HEADS AS TO THAT TRANSITION FROM BEING A 5 0 1 EDUCATIONAL ORGANIZATION TO BEING A PACK DEBRA, JUST TO MAKE SURE I, I UNDERSTAND YOUR QUESTION IS JOE AND MYSELF, I DON'T THINK EITHER OF US HAD ANY INVOLVEMENT IN SAVE AUSTIN.

NOW, ARE YOU JUST TALKING ABOUT MY GO FUND, ME, YOU KNOW, GO BOARD CAMPAIGN DATES, RIGHT? I'M JUST TRYING TO FIGURE OUT THE DEGREE TO WHICH ON THIS DAY OR THAT DAY YOU WERE IN YOUR MIND, OR IN FACT, IN, IN LAW DONATING TO A 5 0 1 C EDUCATIONAL CHARITABLE GROUP VERSUS A PACK.

I DO KNOW THE DATES IN WHICH, UH, PRIOR TO MYSELF, STARTING TO GO FUND ME, SAY BOSTON OUT HAD ALREADY CONVERTED TO A PACK BECAUSE I HAD DONATED IT DONATED TO IT PRIOR TO, UH, SORRY, ACTUALLY, YOU KNOW, ALL THE WORK THAT, UH, I WAS SO IMPRESSED BY WHAT THEY WERE DOING.

I ACTUALLY, THAT'S WHAT PART OF WHAT MOTIVATED ME TO, TO, TO MAKE THE DEALS I MADE FRANKLY, WAS, OH MAN, I'M GOING TO NEED TO CONTINUE TO RAISE AWARENESS OF THOSE.

SO I, IT DEFINITELY WAS A PAC BY THAT TIME AND, UH, COMMISSIONER, UM, JUST SO I CAN CLARIFY AS WELL.

UM, DO YOU NEED ANY SORT OF TIMELINE FOR ME? I MEAN, REALLY, IT WAS JUST LIKE, I SAW THE, I SAW THIS, I THINK MARCH 25TH FOR THE FIRST TIME.

I THINK I FILED THE COMPLAINT APRIL 2ND.

I COULD BE WRONG.

THERE COULD HAVE BEEN A DIFFERENT DATE, BUT, UM, SOMETHING LIKE THAT, I DON'T, I DON'T HAVE THE COMPLAINT IN FRONT OF ME.

I APPRECIATE BOTH OF Y'ALL'S CANDIDNESS ON THIS.

I, UM, AS I SAY, IF WE DO GO FORWARD, I DO WANT TO ACTUALLY GET Y'ALL TO BOTH CHECK DATES AND THEN WE'LL CHECK IT AGAINST THE ACTUAL NORMAL RECORDS.

GOOD.

UH, I WILL NOTE, UH, EVEN THOUGH WE, WE OBVIOUSLY DO NOT THINK THAT THERE WAS A VIOLATION THAT OCCURRED, UH, BY, UH, BY, BY RESPONDENT.

HE'S, HE'S MORE THAN HAPPY TO PROVIDE THE DATES WHEN HE STARTED THE CAMPAIGN.

I BELIEVE HE, HE DID BY RECOLLECTION THERE.

AND I, I UNDERSTAND, I JUST LOOKED IT UP THAT, UH, THE ACT WAS FORMED IN FEBRUARY OF THIS YEAR.

SO COMMISSIONER KALE, GO AHEAD.

YEP.

UM, MR. SIGLER SMUGGLER.

I WAS, SO CAN YOU CLARIFY FOR ME HOW YOU FOUND OUT THAT TO, UH, COMPLY WITH THE RULES YOU NEEDED TO DONATE IT TO THE SAVE AUSTIN NOW, INSTEAD OF PUTTING IT TOWARD BILLBOARDS? UH, YEAH, JUST, UM, ONE OF MY CONTRIBUTORS SAID, HEY, YOU SHOULD LOOK INTO THIS AND THE RULES AROUND, YOU KNOW, UM, THE RULES AROUND POLITICAL ADVERTISING, YOU KNOW, VERY COMPLICATED.

I THOUGHT IT WAS AS SIMPLE AS, HEY, YOU KNOW, I WANT TO, I WANT TO PAY FOR A SIGN.

AND APPARENTLY IF YOU, YOU KNOW, IF YOU SPEND MORE THAN $500, UH, PERSONALLY, I THINK YOU HAVE TO FORM A PAC, UM, BECAUSE WE HAD RAISED MONEY FOR, I THINK, 17 OR 18 BILLBOARDS AT THE TIME.

UM, SOMEBODY HAD SAID, HEY, YOU KNOW, YOU MIGHT WANNA LOOK INTO RULES AROUND THIS.

I THOUGHT, HEY, I'LL CALL AND SAY, BOSTON.

NOW, PEOPLE, THEY CLEARLY HAVE THE SET UP.

IT SAYS PACK UP IN THERE, YOU KNOW, WHERE THEY, UM, AND THEY WERE HAPPY TO RECEIVE THE DONATIONS, BUT THE IDEA, YOU KNOW, CONTRACTED FOR THE BILLBOARDS, YOU KNOW, I, I THOUGHT I WAS FRANKLY DOING EVERYTHING, UH, AS MUCH ON THE UP AND UP AS POSSIBLE.

AND ALL THE BILLBOARDS DID STAY, YOU KNOW, POLITICAL ADVERTISING AND PAID FOR, BY SAY BOSTON NOW, YOU KNOW, SOMEBODY ELSE'S MAYOR ENOUGH.

I THINK IF YOU EVEN A FEW OF THE TOP DONORS TO SAY BOSTON HOUSE NAME.

SO, UH, IN MY MIND, WHEN I GOT THIS COMPLAINT, I WAS KINDA LIKE, MAN, HOW DID I NOT HOLD THE GOALS? LIKE I, I, UH, WAS ABOUT TONIGHT.

I, AND THEN I THOUGHT I WENT TO GREAT WHITES IN ORDER TO, UH, YOU KNOW, I'M NOT INVOLVED WITH POLITICS THAT ARE INTERESTING AND IT JUST LIVES HERE MY WHOLE LIFE AND WANTING TO, TO, TO TRY AND RAISE AWARENESS, BUT I THOUGHT IT WAS IMPORTANT KIND OF THE EXTENT OF IT.

OKAY.

YEAH.

I HAVE A QUESTION FOR, UH, THE COMPLAINANT.

GO AHEAD, MR. CASINO.

IS THAT HOW IT'S PRONOUNCED? YES, SIR.

LIKE VEGAS.

OKAY.

UM, DO YOU STILL CONTEND THAT THE IDENTITIES OF THE DONORS, UM, ARE HIDDEN FROM PUBLIC VIEW? YES.

AND THAT IS BECAUSE, UM, TWO REASONS, ONE, UM,

[01:00:01]

UH, SO THEY WERE ANONYMOUS AND THERE WERE SOME ANONYMOUS LISTED AT THE TIME AND WHETHER OR NOT THAT WAS THROUGH GOFUNDME, UM, KIND OF SYSTEM, UH, THAT WAS THE CASE.

AND THEN SECONDLY, THE WEBSITE HAS BEEN TAKEN DOWN.

UM, AND SO, YOU KNOW, THE FUNDRAISER ENDED IN THAT THAT HAD KIND OF CLOSED BY THE FIRST WEEK OF APRIL AND SO GOOD.

I,