[CALL TO ORDER]
[00:00:04]
I AM CHAIR OF THE CITY OF AUSTIN ETHICS REVIEW COMMISSION.
I CALL THE ETHICS REVIEW COMMISSION MEETING TO ORDER.
WE'RE AT CITY HALL AND BOARDS AND COMMISSION ROOM ONE, ONE, ONE, ONE.
UM, IF YOU COULD UNMUTE YOUR, OR IF YOU'RE REMOTE, UNMUTE YOURSELF, SAY PRESENT, OR HERE WE CAN HEAR YOU COMMISSIONER DANBURG.
UM, IF YOU'RE A REMOTE, UNMUTE YOURSELF, STATE YOUR NAME OR HERE, UM, OR PRESENT.
UM, AND THEN LIKEWISE IN PERSON, PLEASE PRESS YOUR MICROPHONE TO SAY HERE AT PRESENT, AND THEN PRESS IT TO TURN IT OFF.
SO CHAIR, SO BRIAN HERE, LET'S SEE VICE CHAIR, KALE HERE.
SECRETARY LEARNER HAS RESIGNED.
WE WISH HER ALL THE BEST, UH, COMMISSIONER.
I SEE COMMISSIONER DANBURG ON THE SCREEN AND I KNOW SHE TESTED, SO I WILL REGISTER HER AS PRESENT.
UH, COMMISSIONER DANBURY, CAN YOU HEAR US? EVIDENTALY NOT, I WILL COME BACK TO YOU COMMISSIONER.
DANBURG UM, IF YOU CAN HEAR ME COMMISSIONER GREENBERG, COMMISSIONER LAURIE HERE, COMMISSIONER LEVIN'S YOU'RE ON YOUR OWN WHEN IT'S RED EURO CODES.
AND SEE IT'S SECRET SPREAD ON THE BACK BY THE TOP.
I WAS LOOKING FOR HERE REGARDLESS OF THE COLOR OF MY MIC I'M HERE.
COMMISSIONER
CAN YOU HEAR US IF LET'S SEE IF WE COULD TYPE IN THE CHAT POTENTIALLY TO HAVE HER CHECK HER VOLUME SHARE, YOU KNOW, THE ORDERS MAY BE LIFTED, BUT UH, TECHNICAL DIFFICULTIES PERSIST.
WE'LL GIVE IT JUST A MOMENT TO SEE IF WE CAN GET THIS SORTED OUT.
IF NOTHING ELSE, I'LL BE SURE TO RECOGNIZE HER.
CAN YOU HEAR ME? WE CAN HEAR YOU LOUD AND CLEAR COMMISSIONER.
DANBURG YOU? YES, BUT ARE YOU PRESENT? AND I CAN'T HEAR YOU.
I'VE TRIED CLOSING THIS OUT AND GOING BACK TO OPEN IT AGAIN.
AND ALL I HAVE IS MICKEY AND MS. MITCH.
THANK YOU SO MUCH, COMMISSIONER DANBURY.
THEN WE'LL CONTINUE WORKING THROUGH OUR TECHNICAL DIFFICULTIES.
UM, HOPEFULLY WE DON'T GET INTERRUPTED, UH, MOVING FORWARD.
I DO THINK THOUGH WE HAVE A QUORUM.
[PUBLIC COMMUNICATION: GENERAL]
FIRST, BEFORE WE DIVE INTO OUR AGENDA, WE HAVE PUBLIC COMMUNICATION.UM, CURRENTLY WE ONLY HAVE ONE SPEAKER SIGNED UP TO SPEAK ON AGENDA ITEM TWO, IT'S MISS LAND, OR YOU HEAR MISS LAND.
WELL, THANK YOU VERY MUCH FOR ALLOWING ME TO DO THIS.
I AM MARRIED TO, UH, MAYOR ADLER AND I JUST WANTED TO TAKE A MOMENT TO GO THROUGH THE FACTS OF WHAT OCCURRED HERE AND JUST GIVE YOU MY PERSPECTIVE.
UM, SINCE STEVE BECAME A CANDIDATE TO RUN, I HAVE ALWAYS DONE ALL OF THE REPORTING.
I AM NOT AN ATTORNEY, I'M A CPA, SO
[00:05:01]
I KNOW MORE OF OUR NUMBERS STUFF.SO JUST TO GIVE YOU BACKGROUND THAT I'M THE ONE WHO ALWAYS PREPARED THE FORMS. UM, STEVE AND I BOUGHT A PROPERTY IN 2002 DUNNING LANE.
IT'S 45, 43, 15 DUNNING LANE, WHICH IS A LOT THREE.
UM, WE TRANSFERRED THAT ENTITY INTO AN LLC IN 2018 AND OUR ATTORNEY FORMED AN LLC AND THEY TITLED IT DUNNING LOT FIVE LLC.
DUNNING IS ACTUALLY LOT THREE.
HE THEN PREPARED A SPECIAL WARRANTY DEED, TRANSFERRING THE PROPERTY FROM THE TWO OF US INTO THE NEWLY FORMED LLC.
ONCE HE REALIZED THAT THE LLC NAME REALLY SHOULD HAVE BEEN LOT, THREE, NOT LOT FIVE.
HE DID AN AMENDED AMENDMENT TO THE NAME FOR THE LLC, WITH THE STATE.
HE DID NOT AMEND THE WARRANTY DEED, NO AMENDMENTS WERE MADE TO THE WARRANTY DATE AT ALL IN APRIL OF 29, WE WENT UNDER CONTRACT ON THE SALE OF THE PROPERTY AND THE CONTRACT WAS FROM LOT DUNNING, LOT FIVE LLC, TO THE BUYER.
WHEN THE TITLE COMPANY DID THE TITLE SEARCH, IT WAS ALL DONE UNDER LOT FIVE BECAUSE THAT'S HOW THE TITLE HAD SHOWN UP.
UM, AND THEN WHEN WE SOLD IT, IT CLOSED IN MAY OF 19 AND THEN THE ENTITY BASICALLY HAD NO ASSETS ANYMORE.
SO THAT, THAT WAS THE, THE, THE FACTS OF HOW THINGS EVOLVED IN 2019 FOR THE, FOR THE PERIOD THROUGH JUNE, I TEND TO OVER DISCLOSE RATHER THAN UNDER DISCLOSED.
SO I KNEW THAT THERE WAS CONFUSION OVER.
SO I DID DISCLOSE ORIGINALLY THAT IT WAS ALL IN LOT THREE BECAUSE WE HAD THE NAME CHANGE CORRECTION, AND THEN SUBSEQUENTLY I NOTED, I NOTED THAT IT WAS DUNNING LANE, LOT SIZE.
AND THEN I SAID THAT THERE HAD BEEN A NAME CHANGE.
SO I HAD TO DISCLOSE ALL OF THAT INFORMATION.
UM, SO THAT IS IT FOR OUR PUBLIC COMMUNICATION.
WE DON'T HAVE ANY OTHER SPEAKERS SIGNED UP FOR AGENDA ITEMS. SO WITH THAT,
[1. EXECUTIVE SESSION]
WE WILL JUST MOVE INTO OUR AGENDA, THE FIRST ITEM BEING EXECUTIVE SESSION.UM, WE DON'T HAVE ANY RECUSALS.
SO THEN WITHOUT OBJECTION, THE ETHICS REVIEW COMMISSION WILL GO INTO CLOSED SESSION AND TAKE UP ONE ITEM PURSUANT TO SECTION 5, 5, 1 0.07.
ONE OF THE TEXAS GOVERNMENT CODE YOU ETHICS REVIEW COMMISSION WILL CONSULT WITH LEGAL COUNSEL ON LEGAL ISSUES RELATED TO THE FOLLOWING IT COMPLAINT FILED BY LORI MITCH AGAINST STEVE ADLER MAYOR, WHICH ALLEGES VIOLATIONS OF CITY CODE CHAPTER TWO DASH SEVEN, ETHICS AND FINANCIAL DISCLOSURE, SECTION 2 77, 5 SWORN FINANCIAL DISCLOSURE STATEMENTS.
IS THERE ANY OBJECTION TO GOING INTO EXECUTIVE SESSION ON THE ITEM ANNOUNCED HEARING AND SEEING NONE.
THEN THE COMMISSION WILL NOW GO INTO EXECUTIVE SESSION.
THE TIME IS SEVEN, SORRY, 6:22 PM.
WE WILL SEE YOU BACK HERE SHORTLY.
TIME IS 7:32 PM AND CLOSED SESSION.
WE TOOK UP AND DISCUSSED LEGAL ISSUES RELATED TO A COMPLAINT FILED BY LORI MISH AGAINST STEVE ADLER WITH TO LEGENDS VIOLATION OF CITY CODE SECTION TWO DASH SEVEN DASH SEVEN FIVE.
THANK YOU, EVERYONE HERE FOR YOUR PATIENTS.
UM, WHILE WE DISCUSS THOSE LEGAL ISSUES WITHOUT OBJECTION, I'M GOING TO MOVE
[2. PRELIMINARY HEARING]
INTO AGENDA ITEM TWO, WHICH IS THE PRELIMINARY HEARING, UM, ON WHAT I HAD JUST DESCRIBED, UM, I'M GOING TO BRIEFLY KIND OF OUTLINE THE PROCEDURE, UM, JUST FOR EVERYONE'S EDIFICATION, BUT THE PARTIES SORT OF ALREADY HAD TIME TO REVIEW THE RULES OF PROCEDURE.UM, AND WE SHOULD BE SOMEWHAT FAMILIAR OURSELVES AS COMMISSIONERS, BUT JUST FOR EVERYONE'S EDIFICATION.
UM, EACH PARTY WILL HAVE 10 MINUTES FIRST STATEMENT.
SO FIRST THE COMPLAINANT WILL GIVE A 10 MINUTE STATEMENT FOLLOWED BY THE RESPONDENT OR COUNSEL FOR THE RESPONDENT AND GIVING A 10 MINUTE STATEMENT.
THERE'S NOT GOING TO BE ANY CROSS EXAMINATION BETWEEN COMPLAINANT AND RESPONDENT.
THE COMMISSIONERS CAN ASK QUESTIONS
[00:10:01]
OF THE PARTIES.I WILL TRY TO BE JUDICIOUS IN NOT LETTING THE QUESTIONS DRAG ON TOO LONG, UM, THAT HAS HAPPENED SOMETIMES, BUT THEN WE WILL HAVE OUR OWN DELIBERATIONS AS A COMMISSION AT A CERTAIN POINT, I'M GOING TO KIND OF CALL IT QUESTIONS ARE DONE.
UM, AND WE WILL HAVE OUR OWN DELIBERATIONS AND THAT'LL BE A TIME FOR POTENTIAL MOTIONS.
UM, SO THE STATEMENTS, THE LAST THING I'LL MENTION THE STATEMENTS BY THE PARTIES OR COUNSEL FOR THE PARTIES ARE SWORN.
UM, AND ARE THERE ANY PROCEDURAL QUESTIONS BEFORE WE GET STARTED FROM COMMISSIONERS? NOPE.
THEN, UH, VICE-CHAIR KALE IS GOING TO BE OUR TIMEKEEPER TO HELP US OUT.
UM, AND I THINK, UH, MAYBE, UH, I'M GOING TO ASK, UM, UH, MS. MISH FIRST, CAN YOU HEAR US? I CAN HEAR HIM.
UH, WOULD YOU, WOULD YOU LIKE ANY INDICATION FROM US? UM, I KNOW THE VIEW MIGHT BE A LITTLE TRICKY, BUT ANY INDICATION FROM US IF YOU'RE GETTING TO LIKE TWO MINUTES OR ONE MINUTE, SOMETHING LIKE THAT, THAT WOULD BE HELPFUL.
UM, WELL HOW ABOUT, UH, RAISING A HAND AT ONE MINUTE? YEAH, I'LL HOLD UP, HOLD UP MY HAND WITH TWO FINGERS WHEN YOU HAVE TWO MINUTES AND THEN ONE FINGER WHEN YOU HAVE ONE MINUTE TO GO.
THEN, UM, IF THE TIMER'S READY THEN WHENEVER YOU'RE READY, MISS MITCH, UH, WHEN HE STARTS SPEAKING, WE WILL START OUR TIMER.
AND, UM, BEFORE I GET STARTED, I'D LIKE TO JUST LET YOU KNOW THAT THE SOURCE OF WHAT I'M ABOUT TO SAY IS FROM THE TEXAS, UM, UM, SECRETARY OF STATE, UH, WEBSITE, THE TRAVIS COUNTY CLERK RECORDS AND THE TRAVIS COUNTY APPRAISAL DISTRICT.
SO I'LL JUST WALK THROUGH WHAT I'VE SEEN AND WHERE I THINK THERE ARE, I MEAN, THIS MAYBE MISSTATEMENTS OR OMISSIONS, ESSENTIALLY A DUNNING LOT, THREE LLC IS A CURRENT AND VALID LLC TODAY, ACCORDING TO THE TEXAS SECRETARY OF STATE, YET IT'S NEVER BEEN DISCLOSED ON EITHER, UM, MAYOR ADLER'S, UH, ANNUAL 2018, UH, PERSONAL FINANCIAL STATEMENT OR HIS 2019 PERSONAL FINANCIAL STATEMENT.
UM, SECONDLY, UM, DUNNING LOT THREE WAS DISCLOSED.
LLC WAS DISCLOSED ON HIS INTERIM STATEMENT FOR, FROM JUNE, EXCUSE ME, JANUARY 1ST TO JUNE OF 2018.
HOWEVER, IT MENTIONS THAT, UM, WELL, LET ME BACK UP IN THE, HE'S ASKED TO, UM, TO DISCLOSE ANY, UM, CHANGES IN COMPANY OWNERSHIP OR CHANGES IN NAME, AND IT WAS NOT DISCLOSED THAT THIS WAS DONE.
HE WENT FROM DUNNING LOT FIVE LLC TO DINING LOT THREE LLC FURTHER.
IT MENTIONS THAT, UM, THEY PUT, THEY HAVE COMMUNITY PROPERTY AND BUILDING LOT THREE LLC.
HOWEVER, AS I THINK IT WAS MENTIONED EARLIER BY MS. LYNN, UM, THERE WAS NO AMENDMENT TO THE SPECIAL WARRANTY DEED CHANGING THE NAME ON THE WARRANTY DEED FOR, UM, THE, UM, FOR THE LLC REGARDING THAT PROPERTY AT 4, 3 1 5 DUNNING.
SO THAT'S THE, THE, THE ESSENCE OF MY CONCERNS.
UM, I'M JUST GOING THROUGH MY NOTES HERE TO MAKE SURE I HAVEN'T MISSED ANYTHING, BUT OH, I SHOULD SAY THAT IN THE ANNUAL 2018, 2019, UM, PERSONAL FINANCIAL STATEMENTS, UM, FROM MAYOR ADLER, UM, THEY DO DISCLOSE DUNNING LOT FIVE LLC.
HOWEVER, ACCORDING TO TEXAS SECRETARY OF STATE WEBSITE, THAT LLC CEASED TO BE TO EXIST SINCE MAY 1ST, 2018.
AND SO IN EACH OF THOSE YEARS, IN 2018, IN 2019 ON HIS PERSONAL FINANCIAL STATEMENTS, THEY STATE THAT THEY ARE MANAGERS, UM, OF THE DUNNING LAW FIVE.
WHAT SHOULD HAVE BEEN DISCLOSED WITH DAWNING LOT THREE, WHICH, WHICH DID EXIST.
UM, LET ME JUST, AND I'M READING A LOT OF THIS OFF OF, I'M ASSUMING THE COMMISSION HAS, UH, MY COMMENTS THAT I EMAILED IN THE OTHER DAY.
UM, LET ME JUST MAKE SURE I'M COVERING EVERYTHING HERE.
I THINK THE LAST THING IS IN 2019 PERSONAL FINANCIAL
[00:15:01]
STATEMENT, THEY MENTIONED THAT, UM, CHANGES IN THAT THERE WERE NO LONGER MEMBERS ARE A MANAGER OF DUNNING, LOT FIVE LLC.AND AGAIN, THAT LLC DIDN'T EXIST, UM, SINCE MAY 1ST, 2018.
UM, AND YOU KNOW, DUNNING LOT THREE TO MY KNOWLEDGE AND READING THESE PERSONAL FINANCIAL STATEMENTS HAS NEVER BEEN DISCLOSED ON HIS ANNUAL FINANCIAL STATEMENTS AND IS A VALID LLC, ACCORDING TO THE STATE OF TEXAS.
UH, WITH THAT, WE'LL GO TO RESPONDENT'S 10 MINUTE STATEMENT, AND THEN AFTER THAT, WE'LL HAVE TIME FOR QUESTIONS OF BOTH THE COMPLAINANT AND THE RESPONDENT.
UM, SO IF YOU HAVE YOUR QUESTIONS JUST HOLD ONTO THEM OR JOT THEM DOWN, UH, FOR NOW, UM, COUNSEL FOR THE RESPONDENT, AS SOON AS YOU START TALKING, WE WILL START YOUR TIMER.
UM, EVERYONE COMMISSIONERS GOOD EVENING.
I'M AN ATTORNEY FOR, UH, MAYOR ADLER IN THIS COMPLAINT.
UM, I WANTED TO GO THROUGH A FEW THINGS FIRST BEFORE WE GET TO THE COMPLICATED, UH, REAL ESTATE, UH, FILINGS HERE, UM, SPECIFICALLY REGARDING JURISDICTIONAL ISSUES WITH A COMPLAINT FOR THE COMMISSION.
UM, MS. MITCH MENTIONED A HANDFUL OF DIFFERENT, UM, PERSONAL FINANCIAL STATEMENTS THAT WERE FILED.
UM, MOST OF THEM BEING FROM 2018 AND 2019.
HOWEVER, UH, ANY COMPLAINT ON THOSE AT THIS POINT IS NOT TIMELY FILED.
UM, I WOULD POINT YOU ALL TO TWO DASH SEVEN DASH 41 REGARDING COMPLAINTS AND IT'S SUBSECTION C UH, COMPLAINT.
I'LL JUST READ IT A COMPLAINT, ALLEGING A VIOLATION WITHIN THE JURISDICTION OF THE COMMISSION MUST BE FILED WITH THE CITY CLERK, NOT LATER THAN THE SECOND ANNIVERSARY OF THE DATE OF THE ACTION, ALLEGED AS A VIOLATION AND MAY NOT BE FILED AFTERWARD.
SO THAT LIMITS IT, ANY DISCUSSION ON THIS, UM, TO, I MEAN, I THINK THE ONLY OTHER, UH, DATE OF VIOLATION MENTIONED IN THE COMPLAINT WAS 7 26 20.
UM, SO IN MY ESTIMATION, I'M SURE Y'ALL WANT TO TALK ABOUT IT, BUT, UM, ANY OF THE 20 18 20 19, UM, CONVERSATION IS OUT OF TIME, UH, AT, AT THIS POINT.
SO I DON'T KNOW THE, THE OTHER QUESTION, UH, WELL, I GUESS KIND OF QUESTION THAT I HAVE ON THAT, UH, REGARDING PROCEDURE FOR YOU ALL IS WHETHER OR NOT A COMPLAINT THAT JOINS TWO DIFFERENT, UM, DATES OF ACTIONS ALLEGED, ONE OF WHICH IS OUTSIDE OF THE STATUTE OF LIMITATIONS AND ONE WHICH IS NOT IF THAT CAN BE SEVERED OR IF THAT AFFECTS THE ENTIRE COMPLAINT AS A WHOLE.
UM, AND THAT, I THINK IS A QUESTION FOR YOU.
UM, SIR, BUT, UM, I, I, I HONESTLY DON'T KNOW.
I WOULD LEAVE THAT TO YOU ALL.
UM, IF IT CAN BE SEVERED, THERE WAS ALSO ANOTHER CONCERN, UH, WITH A COMPLAINT JURISDICTIONALLY IN THAT THE ORDINANCE THAT WAS ALLEGED TO HAVE BEEN VIOLATED, UM, IS, I MEAN, WELL, IT'S TWO DASH SEVEN DASH 75 SWORN FINANCIAL DISCLOSURE STATEMENTS, EXCEPT THAT, UM, THAT SECTION DOESN'T TALK ABOUT THE SUFFICIENCY OR THE CONTENT OF PERSONAL FINANCIAL STATEMENTS AT ALL.
IT MERELY SAYS THAT ALL PUBLIC STATEMENTS OF FINANCIAL INFORMATION REQUIRED BY THIS ARTICLE SHALL BE SWORN TO, AND SHALL CONSTITUTE PUBLIC RECORDS.
THERE'S NO ALLEGATION HERE THAT IT WASN'T SWORN TO.
UM, AND B SAYS THAT THEY MAY BE FILED ELECTRONICALLY, UM, AND BY FILING ELECTRONICALLY A PERSON, A STATE'S ON OATH THAT THE FACTS STATED IN THE STATEMENT ARE TRUE TO THE BEST OF THEIR KNOWLEDGE.
THERE ALSO HASN'T BEEN ANY ALLEGATION THAT THERE WAS, THEY WERE LYING ON THE, ON THE FORUMS. SO, UM, THOSE ARE THE JURORS SPECIFICALLY, THE JURISDICTIONAL CONCERNS THAT I HAVE WITH THE COMPLAINT.
UM, ASIDE FROM THAT, UM, I WOULD, YOU KNOW, ON, ON THE FACTS OF THE CASE, UM, YOU KNOW, I, I WOULD DEFER BACK TO MS. LAND'S, UH, STATEMENT AND THE STATEMENT THAT WE PROVIDED WITH YOU TO YOU ALL, I THINK ON MONDAY, UM, AS SHE SAID, YOU KNOW, SHE OVER REPORTS, UM, THERE THERE'S A LOT IN THE MEMOS OF THE REPORTS THAT SHE LISTED HERE THAT I PRINTED OUT AND I HAVE HERE, UM, THAT DIDN'T NEED TO BE IN THERE.
IT WAS, IT WAS CLARIFYING, IT WAS SHOWING THAT THERE WAS A MISTAKE ON THE CERTIFICATE OF FILING A CERTIFICATE OF FORMATION FOR THE, FOR THE DUNNING LOT FIVE LLC AND FEBRUARY OF 2018, THAT THEN THEY CORRECTED IN 20, UH, THREE MONTHS LATER TO DUNNING, LOT THREE.
THAT'S WHY A LOT OF THIS STUFF DOESN'T SHOW UP IN TERMS OF DUNNING FIVE, BECAUSE
[00:20:01]
IT CHANGED OVER IT DOESN'T EXIST ANYMORE.UM, BUT THAT WAS ALL, I MEAN, VERY DETAILED, UH, REPORTED BY MISS LAND, UM, AND MAYOR ADLER, UM, IN THE MEMO SECTION OF MULTIPLE REPORTS GOING THROUGH THE YEARS.
I'LL SEE IF YOU HAVE ANY QUESTIONS OF ME ON ANY OF THIS.
WELL, OUR, INTO OUR Q AND A PERIOD, I'M GOING TO, UM, TRY TO, I'M GOING TO SAY, GIVE, OR TAKE 30 MINUTES OF Q AND A, OF COURSE, IF WE HAVE A WHOLE LOT OF QUESTIONS, I'M NOT GOING TO BE SUPER STRICT AND SAY, COMMISSIONER'S LIKE, THE TIME IS NOW EIGHT 20, WHATEVER, VERY, WHATEVER THE TIME WOULD BE.
UM, ALL THAT TO SAY, UH, WE'LL TRY TO BE JUDICIOUS WITH OUR QUESTIONS SO THAT WE CAN MOVE INTO A DELIBERATION PHASE AS WELL.
SO WITH THAT COMMISSIONERS, ANY QUESTIONS OF THE RESPONDENT OR THE COMPLAINANT, UM, AND OUR REMOTE COMMISSIONERS, IF YOU COULD JUST KEEP YOUR HAND UP, I'LL MAKE SURE TO NOTE THAT YOU HAVE A QUESTION AND I'LL KICK IT TO YOU.
COMMISSIONER LEVIN'S, UM, MS. MITCH, A COUPLE OF QUESTIONS ABOUT YOUR ALLEGATIONS.
DO YOU CONTEND THAT THE DISCLOSURE DID NOT INCLUDE A DESCRIPTION SUFFICIENT TO LOCATE THIS PROPERTY? WELL, IT DEPENDS.
SO THE FINANCIAL STATEMENT, THERE'S A SECTION FOR REAL ESTATE AND IT WAS DISCLOSED AT THE LOCATION THERE.
AND THEN UNDER CORPORATIONS, UM, THE DISCLOSURE WAS JUST THE LLC AND NOT THE PROPERTY.
SO I'M REALLY SPEAKING TO THE LLC DISCLOSURE UNDER THE CORPORATION HEADINGS IN THE PERSONAL FINANCIAL STATEMENTS.
DOES THAT ANSWER YOUR, MY UNDERSTANDING YOUR QUESTION CORRECTLY? YES.
DO YOU, DO YOU HAVE REASON TO BELIEVE THAT THIS WAS AN INTENTIONAL MISSTATEMENT? THAT'S A DIFFICULT QUESTION TO ANSWER.
UM, YOU KNOW, WHEN YOU LOOK AT THE PARTIES INVOLVED, THERE'S AN ATTORNEY AND, YOU KNOW, UM, THE, THEN THERE'S THE ATTORNEY.
AND I DON'T KNOW IF IT'S A DIFFERENT ATTORNEY WHO CHANGED THE NAME OF THE LLC.
UM, BUT I BELIEVE THEY SHOULD BE VERY AWARE THAT AT THAT SAME TIME, THEY NEED TO AMEND THE SPECIAL WARRANTY DEED, UH, ALONG WITH IT.
UM, I DON'T UNDERSTAND WHY THEY CONTINUE TO, UM, DISCLOSE DUNNING LOT FIVE WHERE AS LONG AS THEY DID AND NEVER REALLY DISCLOSED DOTTING LOT THREE LLC.
IS THERE A SUBSTANTIAL ASSET THAT YOU BELIEVE THE MAYOR IS CONCEALING FROM THE PUBLIC? I DON'T KNOW.
I, ALL I KNOW IS THAT IT DOESN'T LOOK LIKE THE DISCLOSERS, UM, WERE PROPER AND I DON'T KNOW WHY DAWNING LOT THREE HASN'T BEEN DISCLOSED.
I MEAN, I, IN MY EXPERIENCE, UH, YOU KNOW, I WANT TO BE TRANSPARENT ABOUT EVERYTHING.
I DON'T KNOW WHY THIS ONE, LLC, AND I DON'T KNOW WHY AN LLC THAT DIDN'T EXIST ANYMORE WAS CONTINUED, CONTINUED TO BE DISCLOSED IF ANYONE FROM A PUBLIC, UH, OBVIOUSLY ME, CAUSE I'M NOT AN ATTORNEY.
UM, I'M NOT BEING REPRESENTED BY AN ATTORNEY EITHER.
UM, IF YOU JUST LOOKED UP THE LLCS, THE STATE WOULD SAY IT DIDN'T EXIST AT THAT TIME.
ANY OTHER QUESTIONS I LIKE TO DEFER TO Y'ALL BEFORE I JUMP IN WITH MINE? OH, COMMISSIONER GREENBERG.
AND THEN I SEE COMMISSIONER, DAN, BOOKSCAN GO AHEAD.
SO I'M KIND OF CONFUSED MISS LAND.
WHO'S NOT HERE ANYMORE TO ANSWER.
UM, KNEW THAT THE NAME HAD BEEN CHANGED AND SHE SAID SHE FILLED OUT THE FORMS. WHY, IF SHE KNEW THE NAME WAS CHANGED, DID SHE CONTINUE TO PUT DUNNING LOT FIVE ON THE DISCLOSURE FORMS? WELL, I, I CAN'T SPEAK TO WHY.
UM, BUT I CAN SPEAK TO THE FACT THAT AS SHE SAID, SHE OVER-REPORTED AND CONTINUED TO PUT DUNNING LOT THREE
[00:25:01]
WITH A MEMO OF NAME CORRECTION FROM DUNNING, LOT FIVE TO DUNNING, LOT THREE LLC THROUGHOUT ALL OF THE MEMOS OF THE STATEMENTS THROUGHOUT THE YEARS.SO IT WAS OVER REPORTING SAYING, JUST IN CASE, ANYBODY'S GOT A QUESTION ABOUT THIS.
AND THAT'S WHY I'M SAYING THAT THIS IS WHAT IT IS NOW.
AND THIS IS WHAT IT WAS IN THE MEMO SECTION.
UM, IS THAT ON THE JULY, 2020 FORM? I BELIEVE SO.
DO YOU MIND PUTTING IT ON, DO WE HAVE A DOCUMENT CAMERA IN HERE? CAN WE SEE THAT? OH, I BELIEVE I ONLY HAVE, OH, JULY, 2020.
THAT'S THE ONE THAT YOU'RE SAYING IS WITHIN OUR JURISDICTION AT THIS POINT.
SO IT SAYS THIS IS THE 20, 20 JULY, 2020 REPORT.
UH, THEY PAGE, I DON'T KNOW IF IT'S GOT A PAGE NUMBER ON HERE.
UH, BUT AT THE END OF THE REAL PROPERTY SECTION OF THIS, IT SAYS 4 43, 15 DUNNING LANE, LOT THREE BLOCK D REDISERV DIVISION, ET CETERA, VERY, YOU KNOW, THE ACCURATE LEGAL DESCRIPTION OF THE PROPERTY, UH, PRESENT USE OF PROPERTY, UNDEVELOPED, RESIDENTIAL LOT AND MEMO, DESCRIPTION OF PROPERTY CONTINUED OF THE PLATTE RECORDS OF TRAVIS COUNTY, TEXAS SOLD IN 2019, NOT OWNED AT YEAR END AND ON THE BACK PART 13 OF DIRECTORS, MEMBERSHIP AND POSITION, A NAME OF ORGANIZATION, DUNNING, LOT FIVE LLC MANAGER, STEVE EITHER NO LONGER MANAGER AT YEAR END, SAME FOR DIANE LAND.
AND THEN ONE MORE QUESTION I HAVE IS ABOUT THREE WILD WIND POINT.
IS THAT PART OF THE SAME LLC OR IS THAT A SEPARATE PROPERTY? NOT ADVISED.
I MEAN, THAT'S NOT PART OF THIS COMPLAINT, SO I'M NOT ADVISED IS, CAN YOU TELL ME WHETHER THAT'S LISTED ON THE FINANCIAL DISCLOSURE FORM? I HAVE NOT SPECIFICALLY LOOKED AT I I DO, BUT IT WOULD TAKE SOME TIME TO LOOK THROUGH.
WELL, WHILE YOU LOOK THROUGH THAT, UM, COMMISSIONER DANBURG I SAW YOUR HAND UP, UH, SORRY.
I CAN, I CAN ANSWER REAL QUICK.
UM, I MEAN, WHAT IT SAYS ON THE, ON THE FORM ON THE STATEMENT OF FINANCIAL INFORMATION, NUMBER THREE, WILD ONE POINT DESCRIPTION OF PROPERTY, LOT 12 OF WESTLAKE HIGHLAND SECTION FIVE.
SO IT'S TOTALLY DIFFERENT DESCRIPTION OF PROPERTY AND DEVELOPED RESIDENTIAL LOT SOLD IN 2019.
MA'AM ALL RIGHT, COMMISSIONER, DANBURG FEEL FREE TO UNMUTE YOURSELF, GO FOR IT.
UM, I'M WONDERING MS. MITCH, I UNDERSTAND WHEN YOU RESEARCHED THE LLC THAT YOU FOUND THAT IT WAS NO LONGER IN EXISTENCE, HOW WAS IT THAT YOUR ATTENTION WAS DRAWN TO THE NEW NAME AND YOU KNOW, WHAT, HOW DID YOU FIND THAT NEW NAME AND, AND RESEARCH BACK FROM THAT? SORRY, LYNN, UM, FROM THE TRAVIS COUNTY APPRAISAL DISTRICT WEBSITE, UM, THE PROPERTY, THE 4, 3, 1 5 DINING PROPERTY HAD A BREAK IN THE CHAIN OF TITLE.
AND IF YOU LOOKED AT THE DEED HISTORY, THERE WAS A, UH, BLANK AS THE GRANTOR TO THE PEOPLE THAT THE ADLER SOLD THIS PROPERTY TO.
UM, AND SO IT, IT HIGHLIGHTED THAT DUNNING LOT FIVE WAS NOT THE GRANTOR TO THE PEOPLE THAT THEY SOLD THE PROPERTY TO BECAUSE RUNNING A LOT FIVE LLC DIDN'T EXIST.
SO I THINK TRAVIS COUNTY APPRAISAL DISTRICT WAS PROBABLY CONFUSED TOO.
I ASKED THEM, I SAID, WHY WOULD THERE BE A BLANK IN THIS? AND THEY SAID, THERE SHOULDN'T BE.
AND SO THAT CAUSED ME TO, TO LOOK AT THE DEED AND I SAW THE DEED AND, AND LOOKED AT THE SEC, GO AHEAD.
I'M JUST, I'M JUST KIND OF CURIOUS AS TO HOW THIS BECAME OF INTEREST TO THE POINT THAT, YOU KNOW, Y'ALL THAT
[00:30:01]
YOU, THAT YOU AND THE, THE APPRAISAL DISTRICT AND ALL EVEN, YOU KNOW, KIND OF NOTICED THIS, I'M SURE IN THAT, IN THAT IT SOUNDS LIKE IN WHAT MS. LAND SAID IS OVER-REPORTING, UM, SHE DID MENTION BOTH OF THOSE.SO, YOU KNOW, THERE'S KIND OF, THERE'S A LITTLE BIT OF A PAPER TRAIL THERE, BUT I'M WONDERING HOW, YEAH, JUST KIND OF HOW IT CAME UP AND THEN GOT SOLVED IN YOUR MIND.
UM, YOU KNOW, WHAT DREW ME TO, I'M AN ADVOCATE FOR AFFORDABLE HOUSING AND HOMELESSNESS.
UM, AND I KEPT HEARING THAT MAYOR ADLER HAS A LOT OF CONFLICTS OF INTEREST IN REAL ESTATE.
I WAS ALSO A COMMERCIAL REAL ESTATE BROKER.
I HOLD THE TEXAS REAL ESTATE LICENSE.
SO I JUST THOUGHT, OKAY, WELL, I'LL LOOK AT THE APPRAISAL DISTRICT AND, AND SEE WHAT HOLDING HE MIGHT HAVE.
AND THAT'S THE FIRST ONE THAT POPPED UP AND I THOUGHT SOMETHING'S WRONG HERE.
I MEAN, I JUST THOUGHT THIS WAS REALLY ODD.
AND, AND SO THEN I JUST DID A QUICK SEARCH ON THE DEED HISTORY OF TRAVIS COUNTY, UH, RECORDS, UM, TEXAS SECRETARY OF STATE.
AND, YOU KNOW, IT TOOK ME A WHILE TO, TO, TO FIGURE THIS OUT.
UM, BUT I REALIZED SOMETHING SEEMED REALLY WRONG.
UM, AND I'M NOT UNDERSTANDING WHERE, UM, YOU ALL ARE SEEING THAT.
I, I GUESS MARIANNE WAS COUNSEL OF THE OVER-REPORTING IN THE MEMO SECTION.
UM, I KNOW THAT DUNNING LOT THREE WAS ONLY MENTIONED IN THE INTERIM FINANCIAL STATEMENTS JANUARY 1ST THROUGH JUNE 30TH, 2018, IN 2019, IT WAS MENTIONED, IT WAS NOT MENTIONED THAT THE NAME HAD BEEN CHANGED THAT YEAR, BUT IN 2019, THAT THE JANUARY 26TH, 2020 STATEMENT THAT WAS FILED DOTTING LOT THREE, I MAY HAVE SEARCHED SEVERAL TIMES SINCE IT'S NOT IN THIS DOCUMENT AND THAT IS A VALID LLC, BUT YET, YOU KNOW, A YEAR LATER DUNNING, LOT FIVE IS STILL BEING DISCLOSED AND IT WAS NO LONGER IN EXISTENCE.
UM, I HAVE A BRIEF QUESTION THEN.
I SEE COMMISSIONER LAURIE HAS HER HAND UP, UM, GOING BACK TO THE JULY, 2020 REPORT THAT YOU WERE, UH, THUMBING THROUGH.
UM, CAN YOU READ WHAT IS DESCRIBED IN THE LLC SECTION OF THAT DISCLOSURE FORM AND KIND OF THE RELEVANT PART OF THAT, UM, WHICH BASICALLY WHICH DUNNING LOT LLC IS REFERRED TO IN THE JULY, 2020 REPORT, IT SAYS DONE IN LIKE FIVE LLC.
UM, THAT WAS KIND OF MY QUESTION TOO, BUT JUST FOR THE SAKE OF CLARITY COUNSELOR, CAN YOU CONFIRM THAT LAT THREE, THAT LLC IS NOT REFERENCED AT ALL IN THE DOCUMENT BECAUSE YOU MENTIONED OPRAH DISCLOSURE AND I ONLY HEARD LOT FIVE THAT'S CORRECT.
SO A LOT THROUGH IS NOT DISCLOSED.
UM, SO, UH, A SEPARATE QUESTION THAT I HAVE FOR MS. MISH, UM, AND PLEASE CORRECT ME IF I, IF IT'S MITCH THEN I'LL WANT TO CORRECT MYSELF, UM, IS MITCH.
UM, UH, SO THE QUESTION THAT I HAVE MISS MITCH IS IF YOU CAN KIND OF ARTICULATE, UM, LOOKING AT THE LANGUAGE OF TWO DASH SEVEN DASH SEVEN FIVE OF THE CITY CODE, THAT'S THE, UH, SECTION OF CITY CODE THAT YOU'RE ALLEGING WAS VIOLATED IN YOUR COMPLAINT.
I'M JUST CURIOUS IF YOU CAN KIND OF ARTICULATE WHAT IN THAT LANGUAGE WAS VIOLATED.
UM, I THINK THAT WOULD HELP IN MY MIND KIND OF CLARIFY WHAT THE COMPLAINTS ABOUT.
AND AGAIN, I'M NOT AN ATTORNEY, UM, I'M JUST A CITIZEN HERE, BUT WHEN I SAW THIS SECTION AND I SAW UNDER OATH, THAT TO ME MEANT TRUTH.
AND WHEN I LOOK AT THE FACTS, I THINK THERE'S SOME MIS I THINK THERE'S SOME OMISSIONS.
AND SO TO ME, WHAT HAS BEEN DISCLOSED? IT WOULDN'T, I MEAN, IS I, HE FAILED HIS OATH.
IN OTHER WORDS, I DON'T KNOW HOW OTHER WAY TO PUT IT, BUT, UM, EXCEPT
[00:35:01]
WHEN I SEE UNDER OATH, THAT TO ME MEANS TRUTH.UM, COMMISSIONERS, UH, SEE, COMMISSIONER MCCORMICK, GO AHEAD.
UH, MY QUESTION TO YOU IS WHEN SOMEONE TESTIFIES UNDER OATH, WHATEVER THEY SAY, THEY ASSUME THAT IT'S THE TRUTH.
AND THEN THEY HAVE FOUND OUT LATER THAT MAYBE THAT WASN'T THE CASE AND IN THIS WAS AT A TYPO BETWEEN A THREE AND A FIVE R I MEAN, I LOOK AT T CAT ALL THE TIME AND I FIND ALL KINDS OF STUFF THAT I CAN GO BACK AND VERIFY AS A, YOU SAID YOU COULDN'T FIND THINGS WELL, ALL YOU HAVE TO DO.
IF YOU LOOK UP NAMES TO LOOK UP THE ADDRESSES IS WHERE IT GOES, GO BACK TO THAT AND YOU CAN FIND OUT HE OWNS IT.
SO I DON'T SEE THAT THERE WAS A REAL PROBLEM, BUT BACK TO THE TESTIMONY, WHEN THEY TESTIFIED AND SIGN THE OATH, THEY KNEW THAT IT WAS THE TRUTHS TO, AS FAR AS THEY KNEW IT WAS THE TRUTH.
IS THAT WHAT YOU'RE TALKING ABOUT OR YOU THINK THAT THEY REALLY LIED OR DIDN'T KNOW, BUT IN ALL OF MY EXPERIENCES AND MY NOTARIES AND ET CETERA, PEOPLE KNOW AT THAT MOMENT, THAT THAT IS THE TRUTH.
WELL, THEY KNEW THEIR SIGNED DOCUMENTS AND THAT'S WHAT I WANTED TO, I DIDN'T, I CERTAINLY WOULD NEVER WANT TO JUMP TO CONCLUSIONS, UM, AND WOULD WANT TO VERIFY THINGS AND VERIFYING THINGS THROUGH, UM, YOU KNOW, READING THE, UM, UM, INFORMATION OF THE TEXAS SECRETARY OF STATE WEBSITE AND SEEING THAT THEY, THEY SIRE DIANE LAND SIGNED THE DOCUMENT THAT CHANGED THE NAME OF THE LLC.
AND I JUST, YOU KNOW, IN MAYOR, ADLER'S WITH ATTORNEY REAL ESTATE ATTORNEY, I JUST, I WOULD THINK AND BELIEVE THAT, YOU KNOW, TAKING THE OATH, I JUST, I DON'T SEE A WAY THAT THIS WAS JUST FORGOTTEN BECAUSE THERE'S DOCUMENTS THAT BACK IT UP, THEY FILED.
MY NEXT QUESTION IS, DO YOU THINK THE SECRETARY OF STATE AND THE, UH, TAX ASSESSOR'S OFFICE NEVER MAKES A MISTAKE WHENEVER THINGS WERE NOT COHERENT, YOU KNOW, NOT THE SAME.
SOMEBODY DID A TYPO WHEN THEY SENT IT IN, SOMEBODY DID THE DATA AND IT WAS WRONG.
WELL, I'M LOOKING AT THE ACTUAL DOCUMENTS THAT THE ADLER'S FILLED OUT THAT'S THAT, THAT COMES FROM THE TEXAS SECRETARY OF STATE.
AND, YOU KNOW, I WOULD, I WOULD UNDERSTAND THAT THE NEED FOR, YOU KNOW, IF SAY THEY WERE WANTING TO PUT A SUBDIVISION INTO DIFFERENT LLCS, THERE'S A NEED TO IDENTIFY EACH LOT ACCURATELY, OR MY UNDERSTANDING, THIS IS JUST A ONE-OFF PIECE OF UNDEVELOPED LAND.
AND REALLY THEY'RE, YOU KNOW, YOU COULD CALL THE LLC, THE LLC, WHATEVER YOU WANT TO CALL THE LLC.
UM, AND SO IN THIS, IT WASN'T A NECESSITY THAT THEY HAD TO CHANGE THE NAME.
THERE WASN'T A LEGAL REASON FOR THEM TO HAVE TO CHANGE THE NAME, BUT THEY'VE CHANGED THE NAME.
AND YOU WOULD JUST THINK THAT A REAL ESTATE ATTORNEY WOULD REMEMBER THINK, OKAY, I'VE GOT ALSO CHANGED WARRANTY DEED THAT GOES ALONG WITH THIS.
I MEAN, TO ANSWER YOUR QUESTION, CERTAINLY WE, YOU KNOW, WE ALL MAKE MISTAKES.
UM, I'M SURE THE SECRETARY OF STATE'S MADE STEAK MISTAKES AND T CAT.
I'M JUST GOING BY THEIR INFORMATION.
THEY'D MAKE MISTAKES, A LOT OF THINGS, EVEN IN APPRAISALS.
SO, BUT A THREE AND A FIVE, I'VE READ THIS MANY TIMES AND I JUST, I GUESS, BUMPED PUZZLED BETWEEN TWO NUMBERS.
THANK YOU, NONETHELESS, AN INCREDIBLY VALUED MEMBER OF THE COMMISSION, UM, COMMISSIONERS, ARE THERE OTHER QUESTIONS? UH, YES.
SECRETARY COMMISSIONER, LARRY.
UM, UM, YOU MENTIONED THAT YOU BELIEVE THAT CERTAIN CLAIMS ARE TIME-BARRED OR A CERTAIN CONDUCT IS YES.
[00:40:01]
OF HOW, WHETHER AND HOW, UH, THE EMERGENCY ORDERS, WHETHER LOCALLY OR THE STATE ORDERS AFFECT, UM, THE TOLLING OF THE STATUTES OF LIMITATIONS? THAT'S A GOOD QUESTION.UM, NO, I'M NOT AWARE, UM, OF HOW, UH, OF HOW AND WHEN THOSE MAY HAVE COME IN TO PLACE.
UM, I GUESS IT ALSO DEPENDS ON WHICH EMERGENCY ORDERS YOU MAY BE, SPEAKING OF, I ASSUME COVID YEAH, YEAH.
UM, WELL, EITHER WAY, UM, THE TIMING OF THE, UH, STATEMENTS, THE PERSONAL FINANCIAL STATEMENTS THAT ARE BEING ALLEGED HERE, ASIDE FROM THE 2020, THE, THE JULY, 2021, THE APRIL, 2019 ONE, WE WEREN'T IN COVID TO BEGIN WITH YET.
YOU SEE WHAT I'M SAYING? I MEAN, THOSE EMERGENCY ORDERS DIDN'T EXIST AT THE TIME.
BUT IF IT'S A TWO YEAR PERIOD, LET'S SAY, OR HOW LONG DID YOU SAY THE PERIOD WAS TWO YEARS.
SO MY UNDERSTANDING IS IF THERE IS SORT OF A TOLLING OR SOMETHING THAT PAUSES THE CLOCK, IF IT, AND I, AND I DON'T KNOW, I'M NOT SURE.
I, I I'M, HONESTLY, I'M NOT SURE EITHER.
UM, I, I WOULD BE SURPRISED IF IT APPLIES TO TWO ISSUES HERE.
UM, BUT, UM, WHAT I'M TRYING TO EXPLAIN IS THAT, YOU KNOW, IF IT LET'S SAY THE CONDUCT IS JANUARY 1ST 20, OR LET'S DO 2018 EVEN FURTHER BACK, AND THERE'S A TWO-YEAR PERIOD AND THE CLOCK STARTS TICKING THE CLOCK PAUSES.
THAT'S MY UNDERSTANDING WHEN LET'S SAY THAT, IF THERE'S AN EMERGENCY ORDER THAT SAYS, OKAY, BECAUSE WE CAN'T HAVE PROCEEDINGS, ANY CLOCKS NEED TO PAUSE.
SO IF THOSE HAVE BEEN PAUSED FOR TWO YEARS, EVEN IF THERE WAS A DAY LEFT OR TWO DAYS LEFT ON THE CLAIM, THOSE WOULD STILL EXIST UNTIL THE ORDER IS LIFTED AND THEN THE CLOCK WOULD CONTINUE.
SO I THINK IT WOULD APPLY TO ALL OF THEM IF THERE IS SUCH A SURE.
UM, I THINK THAT MIGHT BE A QUESTION BETTER PRESENTED TO MR. SHEETS.
I WOULD PASS IT TO, WE'RE GETTING, WE'RE GETTING A LITTLE, LITTLE UNDERSTANDABLE, A LITTLE HOT POTATO, SORRY.
A LITTLE UNDERSTANDABLE BUCK PASSING.
UM, AND IT MIGHT NOT END UP BEING RELEVANT DEPENDING ON WHAT THE COMMISSIONERS ARE THINKING.
I WAS JUST CURIOUS WHETHER, BECAUSE YOU HAD MENTIONED THAT ARGUMENT.
I WAS CURIOUS ABOUT UNDERSTANDING.
UM, ANY OTHER QUESTIONS COMMISSIONERS OUT? I'VE GOT, UH, 10 MINUTES IN MY LOOSELY DEFINED CLOCK.
WHAT IS YOUR INTERPRETATION OF, UM, UNDER OATH AS IT IS WRITTEN IN TWO DASH SEVEN DASH SEVEN FIVE? YES, MA'AM.
I MEAN, UH, UNDER OATH GENERALLY, AND AS I UNDERSTAND IT IS THAT YOU ARE STATING UNDER PENALTY OF PERJURY ESSENTIALLY, UM, THAT THE STATEMENTS THAT YOU WERE MAKING ON THAT FORM ARE TRUE TO THE BEST OF YOUR KNOWLEDGE.
UM, NOT THAT THEY ARE, UH, UH, ALWAYS GOING TO BE TRUE OR, OR THEY ARE DEFINITELY 100%.
THAT IS, THAT IS THE FACTS OF THE SITUATION.
THAT IS WHAT, YOU KNOW, TO BE TRUE AT THE TIME.
IT DOESN'T INCLUDE ERRORS, OMISSIONS, THAT SORT OF THING.
MA'AM I DO HAVE ONE MORE QUESTION.
HOW WOULD YOU EXPLAIN THE DISCREPANCY BETWEEN THE LEVEL OF DETAIL THAT IS PROVIDED IN THE MEMO LINE YET? ALMOST KIND OF THE OPPOSITE WHEN FILLING OUT A DISTINCT FIELD, SUCH AS THE NAME OF COMPANY OR ENTITY, ARE YOU, WHICH PART ARE YOU SPEAKING ABOUT? THE BOARD OF DIRECTORS AND, AND LISTING THE DIETING LOT FIVE LOC AND THEY, SO THERE THERE'S DETAIL AS THE NAME CHANGE.
SO THERE'S AN ACKNOWLEDGEMENT THAT YES, THIS NAME CHANGE YET THAT THE CORRECT OR THE CURRENT LLC NAME IS NOT REFLECTED OR NOT LISTED IN THE NAME OF COMPANY OR ENTITY.
I CAN'T, I CAN'T SPEAK TO STATE OF MIND, UM, AS THAT HAPPENED.
[00:45:02]
WHAT WE DO KNOW IN TERMS OF WHAT WAS, WHAT WAS DISCLOSED WAS THAT MISS LAND, UM, AND, AND BY EXTENSION, UH, MAYOR ADLER REPORTED ON THIS SPECIFIC, VERY CONVOLUTED, UM, YOU'RE RIGHT, COMMISSIONER MCCORMICK, VERY CONVOLUTED SERIES OF EVENTS AND ALL OF THIS, UM, AND REPORTED IT TO THE BEST OF THEIR ABILITY THROUGHOUT BASED ON, UH, YOU KNOW, WHAT THE TITLE COMPANY PUT DOWN, WHAT THE SPECIAL WARRANTY DEED LISTED AS, AND, AND THEY DID THEIR BEST TO MAKE SURE THAT ALL THE WAY THROUGH ALL THESE FINANCIAL STATEMENTS THAT AS MUCH DETAIL WAS PROVIDED AS THEY COULD TO EXPLAIN IT.UM, NOW AS TO WHY, UM, THE, THE, THE JULY, 2020 REPORT SAYS DUNNING LOT FIVE, AGAIN, I CAN'T SPEAK TO INTENT OR, OR STATE OF MIND, MY GUESS IS KEYSTROKE AIR.
COMMISSIONER WILLIAMS AND THEN COMMISSIONER LAURIE, UH, I'M JUST TRYING TO GIVE MORE DEFERENCE TO THIS POSSIBLE MISTAKE.
DO WE, DO WE KNOW IF THERE WERE OTHER DUNNING LOTS, ONE THROUGH 20 AND HEFLIN LOTS, ONE THROUGH 10? LIKE, CAN YOU GIVE US A LITTLE MORE CONTEXT ABOUT HOW MANY PIECES OF PROPERTY DID THEY ACTUALLY OWN THROUGHOUT? I WOULD SAY PROBABLY THE DECADE, CAUSE I THINK YOU BUY UNDEVELOPED PROPERTY PROPERTY, AND AS IT SLOWLY DEVELOPS, YOU SELL IT AND MOVING IT AROUND CAN BE SOMEWHAT TEDIOUS AND WE HAVE A NON LAWYER FILING THESE THINGS.
SO CAN YOU GIVE US A LITTLE BIT MORE DEFERENCE AS TO PERHAPS WHAT THEY WERE GOING THROUGH AT THAT TIME OR OVER THE LAST DECADE WITH THE PURCHASING OF PROPERTY? I MEAN, I, I HONESTLY THINK IT'S A MISTAKE, BUT PERHAPS YOU CAN BRING THAT OUT BY SHOWING US HOW MANY TRANSACTIONS AND WHAT VOLUME OF TRANSACTIONS THEY WERE DEALING WITH.
WELL, I MEAN, I DON'T KNOW IF YOU'VE LOOKED THROUGH, I MEAN, I'D BE SURPRISED IF YOU LOOK THROUGH ALL OF THEIR FINANCIAL STATEMENTS FROM, FROM THE PAST HANDFUL OF YEARS, BUT THERE ARE A NUMBER OF REAL ESTATE TRANSACTIONS ON THERE.
THERE ARE A NUMBER OF REAL ESTATE HOLDINGS AND, UM, UH, PROPERTIES CHANGING HANDS.
AND, UM, YOU KNOW, THIS ONE IN WENT OBVIOUSLY INTO AN LLC AND THEN IT WAS SOLD.
AND, UH, YOU KNOW, AS, AS WAS STATED BEFORE, UM, MAYOR ADLER'S IS, IS A REAL ESTATE ATTORNEY AND IS IN REAL ESTATE AND, YOU KNOW, WORKS IN REAL ESTATE.
AND THERE ARE A LOT OF TRANSACTIONS THAT GO ON FOR SURE.
UM, SOME OF THESE, SOME OF THESE WERE COMBINED INTO, UH, COMBINED LOTS AND THAT SORT OF THING.
AGAIN, VERY CONVOLUTED, VERY COMPLEX.
THANKFULLY I GOT OUT OF REAL ESTATE MYSELF A LONG TIME AGO AND DON'T INTEND TO GO BACK BECAUSE IT IS COMPLICATED.
UM, BUT YES, THERE WERE, THERE WERE A LOT OF TRANSACTIONS THAT WENT ON THROUGHOUT THE YEARS, MS. SMITH.
UM, IS THERE ANY REASON THAT YOU WOULD THINK OTHERWISE THAT THIS WAS INTENTIONAL OR SOME, SOME LEVEL OF GROSS RECKLESSNESS OR, YOU KNOW, SOME LEVEL OF CULPABILITY HERE THAT WOULD CONTRADICT, UH, WHAT MR. OUTLIVES ATTORNEY IS SAYING? AND I THINK AS HE MENTIONED BEFORE, UM, YOU KNOW, I DON'T KNOW WHAT IT WAS IN THE HEARTS AND MINDS OF THEM WHEN THEY, UH, DISCLOSED THIS INFORMATION.
UM, I CAN TELL YOU THAT, UM, NO, I, AND HE'S A REAL ESTATE ATTORNEY.
IT WASN'T LEGALLY NECESSARY THAT THIS, UM, LLC HAD TO CHANGE ITS NAME.
UM, AN ATTORNEY'S GOING TO KNOW IF YOU CHANGE, IF YOU JUST PUT A PIECE OF PROPERTY INTO AN LLC AND THEN YOU CHANGED THE NAME, UM, YOU'VE ALSO GOT TO AMEND THE SPECIAL WARRANTY DEED.
OTHERWISE, YOU KNOW, YOUR PROPERTY IS KIND OF IN NO PERSON'S LAND, RIGHT? IT'S NOT IN AN LLC BECAUSE THE LLC THAT IT WAS CONVEYED TO DIDN'T EXIST ANYMORE.
YOU KNOW, IN MY EXPERIENCE, I'VE NEVER, EVER SEEN A, UM, AND LOC CHANGES NAME WHEN IT WAS WHEN YOU, YOU KNOW, SOMEBODY CONVEYED REAL ESTATE INTO IT.
THAT'S NOT TO SAY THAT THIS WAS INTENTIONAL, BUT I FIND IT HARD TO BELIEVE THAT THEY WEREN'T AWARE, AND I DON'T UNDERSTAND HOW THEY CAN THEN GO SELL THE PROPERTY IF THE PROPERTY IS IN AN LLC, THAT DIDN'T EXIST.
[00:50:01]
BECAUSE IF YOU LOOK AT THE SPECIAL WARRANTY DEED, THE GRANTOR IS THIS DONE IN LOT FIVE LLC, AND THAT DIDN'T EXIST AT THE TIME.I'M GETTING A LITTLE FAR AHEAD, AS I MENTIONED, I'M NOT AN ATTORNEY.
I DON'T KNOW IF THIS NECESSARILY ANSWERS YOUR QUESTION, BUT, UM, I'M, YOU KNOW, WHEN YOU, WHEN, WHEN I SAW THE BLANK AND THE GRANTOR ON TRAVIS COUNTY AND PHRASAL DISTRICT, THAT WAS A BIG RED FLAG.
AND RECENTLY, AS THERE AS EARLY AS JANUARY OF THIS YEAR, IT'S CHANGED.
IT JUST SAYS STEVEN ADLER, BUT THE PROPERTY WAS HELD JOINTLY.
SO IT'S STILL CONFUSING TO ME.
I DON'T KNOW THAT IT'S ACCURATE.
I HAVEN'T FOUND ANY DOCUMENTS THAT WOULD SUPPORT THAT.
I SAW, UH, COMMISSIONER LAURIE, AND THEN COMMISSIONER DANBURG MCCORMICK STANTON, AND THEN I'M GOING TO CUT OFF THE QUESTIONS AT THAT POINT, UNLESS THEY'RE REALLY BURNING ONES.
AND THEN MY LAST QUESTION IS JUST GOING TO BE A CHANCE FOR, UM, ONE FINAL BRIEF STATEMENT FROM RESPONDENT AND COMMISSIONERS, JUST TO ROADMAP.
UM, SO COMMISSIONER LAURIE, THEN DANBURG MCCORMICK STANTON IN THAT ORDER.
UM, MY FIRST QUESTION IS ACTUALLY FOR YOU CHAIR SILVER ON, ARE WE ABLE TO REQUEST PASSING AROUND THE DOCUMENT THAT COUNSEL IS READING FROM? SURE.
I'D LIKE TO TAKE A LOOK IF ANYBODY ELSE HAS.
UM, AND THEN A COUNSELOR FOR YOU.
UM, I, CAN I INTERRUPT A MINUTE? I JUST WANT TO MAKE CLEAR THAT THERE'S ANYTHING THAT NEEDS TO BE REDACTED.
THAT'S NOT ALREADY A MATTER OF PUBLIC INFORMATION SUCH AS A HOME ADDRESS THAT MIGHT NOT ALREADY BE A MATTER OF PUBLIC RECORD OR AN EMAIL.
I WOULD ASK THAT IF YOU COULD PLEASE BLACK THAT OUT BEFORE SHARING IT.
WOULD YOU GIVE ME JUST A SECOND? SURE.
AND UNDERSTANDING IT'S ALL PUBLIC INFORMATION TO BEGIN WITH.
UM, AND YOU WOULD HAVE FOLLOWED, YOU HAD ANOTHER QUESTION FOR, UM, THE COUNSELOR? YES.
DO YOU KNOW OF ANY PUBLIC DOCUMENT OR DISCLOSURE OTHERWISE OF THIS LLC FOR I'M FORGETTING THAT FOR THREE INSTEAD OF FIVE.
IS THERE ANYTHING PUBLIC THAT REFERENCES THE LLC? I MEAN, ASIDE FROM THE SECRETARY OF STATE, WHICH IS ALSO PUBLIC, BUT NO, NOT THAT I KNOW OF.
UM, AND THEN WHAT IS THE EFFICIENT, UM, I APOLOGIZE IF I MISSED THIS, BUT WHAT IS THE EXPLANATION FOR WHY THE LLC NAME WAS CHANGED FOR, FOR CLARITY? UH, BECAUSE YOU KNOW THAT THERE WERE MISTAKES MADE ALONG THE SPECTRUM ON THIS, BETWEEN TITLE, COMPANY, APPRAISAL DISTRICT, ALL THAT IN TERMS OF MISLABELING, THE LOT NUMBER TO BEGIN WITH.
SO WHEN IT WAS CONVEYED, IT WAS CONVEYED AS FIVE AND NOT THREE, BUT IT'S ACTUALLY THREE.
AND SO THAT WENT ON TO OFFICIAL PAPERS, THE GUARANTEE, THE APPRAISAL, ALL THAT AS FIVE.
AND SO THEY LISTED IT AS FIVE AND THEN THEY REALIZED THE MISTAKE, SWITCHED IT OVER TO THREE, WITHIN THREE MONTHS OF FILING THE LLC, UM, TO BEGIN WITH, FOR CLARITY SAKE, TO SHOW THAT LIKE, YOU KNOW, TH THIS IS THE CORRECT LOT NUMBER FOR THIS LOT.
UM, YOU KNOW, THAT, THAT'S WHY THEY CHANGED IT.
AND WHEN YOU SAY SWITCHED IT OVER, YOU MEAN IN TERMS OF THE, THE NAME OF THE LLC.
UH, COMMISSIONER DANBURG THEN MCCORMICK AND STANTON.
UM, TO A SIGNIFICANT DEGREE, IT SEEMS TO ME THAT THE ATTORNEY FOR THE DEFENSE HAS MAINLY LOOKED UP AND RESEARCHED THE COMPLIANCE OR THIS, THIS PARTICULAR COMPLAINT.
AND HOW IT, HOW THE HISTORY IS.
IT SEEMS TO ME LIKE MS. MISH HAS
[00:55:01]
DONE KIND OF A MORE GLOBAL LOOK AT THIS.AND SO WHILE THE ATTORNEY FOR THE DEFENSE SAYS A NUMBER OF REAL ESTATE TRANSACTIONS AND COMBINED LOTS, ET CETERA, UM, I'D LIKE TO ASK MS. MITCH, IF SHE HAS A MORE ELUSIVE, UM, DESCRIPTION OF THE NUMBER OF PROPERTIES, WE'RE TALKING ABOUT THE NUMBER OF TRANSACTIONS THAT WE'RE TALKING ABOUT OVER A PERIOD OF A FEW YEARS, UM, JUST TO, JUST TO KIND OF GIVE SOME COLOR TO WHAT IT IS THAT, THAT WE'RE DISCUSSING.
UM, I DON'T KNOW IF THIS WILL ANSWER YOUR QUESTION, BUT I DON'T KNOW OF OTHER THAN WHAT'S DISCLOSED IN HIS PERSONAL FINANCIAL STATEMENTS.
I DON'T KNOW WHAT OTHER TRANSACTIONS HE'S PARTY TO IN TERMS OF REAL ESTATE.
UM, YOU KNOW, I DON'T KNOW IF, I DON'T KNOW IF YOU'RE ASKING IS, YOU KNOW, DOES HE HAVE 20 TRANSACTIONS A YEAR OR A HUNDRED OR ONE, UM, YOU KNOW, LOOKING AT THE FINANCIAL STUFF, EXCUSE ME.
THAT IS, THAT IS KIND OF WHAT I'M ASKING IF YOU, NO, I DON'T.
OTHER THAN WHAT'S DISCLOSED IN HIS PERSONAL FINANCIAL STATEMENT AND I, I, I DIDN'T EVEN COUNT HOW MANY PROPERTIES.
UM, THERE'S ALSO A LOT OF LPS IN THERE, SO I DON'T KNOW.
COMMISSIONER MCCORMICK, MEN STANTON.
NOT A LITTLE QUESTION IS, UM, WHAT PEAKED YOUR INTEREST? WAS IT BECAUSE THAT THE GRANTOR WAS BLANK ARE, YOU KNOW, TO PURSUE THIS PARTICULAR ONE ARE, HAVE YOU SPENT TIME AT 55 0 1 AIRPORT? DO YOU KNOW HOW CONFUSING IT CAN BE OUT THERE ABOUT IT WAS THE GRANTOR THAT PICKED MY INTEREST.
AND I MEAN, I REALLY OUT OF CURIOSITY, I'D NEVER SEEN THAT BEFORE.
AND AS I MENTIONED BEFORE, I WAS A COMMERCIAL REAL ESTATE BROKER.
UM, SO I NEVER SEEN THAT BEFORE.
AND SO THAT'S WHAT PEAKED MY INTEREST.
AND COMMISSIONER STANTON, GO AHEAD.
WHO WROTE THE STATEMENT, UM, UNDER FACTS THAT ON 5 18 20 18, THE ATTORNEY REALIZING THE NAME OF THE LLC SHOULD HAVE BEEN THREE, WHO WROTE THAT STATEMENT? MS. LINDA, THAT WAS ALSO BY THE WAY, UH, A TYPO.
I'M JUST WONDERING ABOUT THAT.
AND IF YOU NEED IT, I'VE GOT IT.
THE SECRETARY OF STATE FILING HERE TO SHOW FIVE ONE.
UM, RELATED QUESTION THEN IS THERE, AND I ASKED BECAUSE I DON'T KNOW THE PROCESS, BUT IS THERE SOMETHING IN THE PROCESS AND THEN IN FILING THE AMENDMENT THAT STATES IT IS NOT CONSIDERED AN OFFICIAL NAME CHANGE YET UNTIL 30 DAYS, 60 DAYS OR 90 DAYS FROM THE DATE OF FILING, OR IS IT THE DATE THAT YOU FILE IS CONSIDERED THE DATE THAT IT IS ACTIVE, THAT THAT NAME CHANGE? THE LETTER IS CORRECT.
WHEN YOU FILE WITH THE SECRETARY OF STATE, YOU FILE AND SAY THAT YOU WANT THIS EFFECTIVE IMMEDIATELY.
CAN YOU OFFER ANY, UM, EXPLANATION AS TO WHY THEN WHEN IT WAS FILED BACK IN, ON MAY 1ST, 2018, THEN THE ANNUAL REPORT FOR 2019 STILL REFERENCED, UH, THE INCORRECT NAME THAT IS, I GUESS, WHAT I'M KIND OF GETTING AT IS I CAN UNDERSTAND IF IT'S THE DIFFERENCE BETWEEN SOME DATE IN DECEMBER, AND THEN NOW IT'S THE NEW YEAR, RIGHT? WE FORGET TO, TO WRITE THE, UM, THE NEW YEAR, RIGHT? THE FOUR DIGIT YEAR PEOPLE FORGET IT'S A NEW YEAR, BUT THIS IS SOME TIME HAS PASSED BETWEEN MAY 1ST, 2018 AND THE REPORT FOR 2019.
COULD YOU OFFER AN EXPLANATION FOR THAT MISTAKE? WELL, I MEAN, UH, AS WE MENTIONED, YOU KNOW, THE
[01:00:01]
MANY OF THE REAL PROPERTY DOCUMENTS FILED WITH THE APPRAISAL DISTRICT AND THE GUARANTEE, AND, YOU KNOW, ALL OF THE DIFFERENT DOCUMENTS THAT ARE FILED, THEY WERE ALL, THEY WERE KIND OF ALL OVER THE PLACE IN TERMS OF WHETHER OR NOT IT WAS A LOT, THREE, A LOT FIVE.AND SO, UM, YOU KNOW, THEY DID THE BEST THEY COULD IN TERMS OF REPORTING IT, REPORTING THAT THE PROPERTY EXISTS, REPORTING THAT THEY HAD AN LLC REPORTING THAT THE LLC SOLD IT AND THAT THEY NO LONGER HAVE CONTROL OVER IT.
AND, UM, YOU KNOW, LIKE, YOU KNOW, THE NUMBERS ARE WHETHER IT'S THREE OR FIVE ARE KIND OF ALL OVER THE MAP IN TERMS OF WHO YOU'RE TALKING TO.
UM, WHEN YOU'RE TALKING TO A TITLE COMPANY YOU'RE TALKING TO THE APPRAISAL DISTRICT, OR, YOU KNOW, YOU'RE TALKING TO THE SECRETARY OF STATE.
UM, AND SO, YOU KNOW, IT WAS A, A GOOD FAITH BEST EFFORT TO PUT OUT THERE THAT THIS PROPERTY EXISTS.
WE HAD IT, WE SOLD IT, WE PUT IT INTO AN LLC, LLC SOLD IT.
YOU KNOW, THE, THE PROPERTY ITSELF WAS, WAS ALWAYS IDENTIFIED.
IT WAS JUST A MATTER OF CONFLICTING RECORDS.
WHO WAS THE SOURCE FOR, UH, FILING THOSE DOCUMENTS AND CHANGING THE NAME? IS IT, IS IT AN OUTSIDE ENTITIES SUCH AS, UM, SECRETARY OF STATE OR THAT HAD TO HAVE COME FROM THE OWNERS THEMSELVES, CORRECT? YES.
I BELIEVE THE, I BELIEVE THE OWNERS ALSO HAD AN ATTORNEY AT THE TIME TO HELP THEM, UM, TO FILE THOSE DOCUMENTS AS WELL.
UH, SO WITH THAT, UNLESS THERE ARE BURNING QUESTIONS, COMMISSIONERS, UM, OKAY.
UM, THEN THE LAST QUESTION THAT I WOULD LIKE TO JUST POSE AS IF, UM, FIRST COMPLAINANT THEN RESPONDED, BUT, UM, IF THERE'S JUST A BRIEF STATEMENT YOU WOULD LIKE TO ADD, UM, AND WHEN I SAY BRIEF, I MEAN, A MERCIFULLY BRIEF, UH, NOT AN, FOR ANOTHER 10 MINUTES STATEMENT, BUT, UM, UH, FOR MS. MICHELLE, IF YOU HAVE JUST A BRIEF STATEMENT YOU'D LIKE TO ADD, UM, YOU'RE OPEN TO THESE, SO, OH, THANK YOU.
UM, I KNOW THAT THERE'S BEEN A LOT OF TALK ABOUT MISTAKEN INTENTION, UM, BUT I JUST WOULD LIKE TO POINT YOU TO SOMETHING, UM, IN AS EARLY AS THE BELIEVER, IT'S THE, UM, APRIL 18TH, 2018, FINALLY INTERIM FILING, THEY HAVE DISCLOSED.
THEY HAD DISCLOSED DUNNING LOT THREE THERE.
SO SOMEBODY WAS AWARE WHEN THEY FILED THAT, THAT, YES, DANI LOT THREE IS THERE YET ON THE ANNUAL FINANCIAL STATEMENTS.
AND THIS IS TALK ABOUT THE MOST RECENT ONE THAT I HAVE AT LEAST OF JULY OF 2020.
THERE'S NO MENTION OF DAWN IN LOT THREE LLC.
AND THE LAST POINT IS AT LEAST IN THE WARRANTY DEEDS, THE LEGAL DESCRIPTION OF THE PROPERTY HAS ALWAYS BEEN CORRECT.
THE BOTTOM LINE IS A SPECIAL WARRANTY DEED SHOULD HAVE BEEN AMENDED THAT REFLECTED THE NAME CHANGE.
IF THERE WAS AN END OF YOUR SENTENCE, GO AHEAD.
WELL, I JUST, JUST, I REALLY WANT TO POINT YOU TO THOSE INTERIM FINANCIAL STATEMENTS THAT SOMEBODY WAS AWARE THAT DUNNING LOT THREE WAS THERE, UM, AND THAT IT WAS FILED TWICE AND IT'S JUST, IT'S, IT'S NOT ON THE JULY, 2020 STATEMENTS.
AND THEN, UM, UH, COUNSEL FOR THE RESPONDENT BRIEF STATEMENT AND VERY QUICKLY, I MEAN, I KNOW THIS IS ALL VERY COMPLICATED AND, AND AGAIN, I'M NOT IN PROPERTY WHILE MYSELF FOR A REASON.
UM, BUT THE INTENT OF THE PERSONAL FINANCIAL STATEMENT IS TO ENSURE THAT THE HOLDINGS AND THE ASSETS OF PUBLIC OFFICIALS ARE DISCLOSED.
AND WITHOUT QUESTION THAT HAS HAPPENED ALL THE WAY THROUGH FROM HOWEVER FAR YOU WANT TO LOOK BACK IN, IN THESE RECORDS, THE LOT DESCRIPTION OF THE PROPERTY ITSELF, THE LEGAL DESCRIPTION OF THE PROPERTY ITSELF, LOT THREE IS CONSISTENT ALL THE WAY THROUGH FOR THE LAST FOUR YEARS.
SO THERE HASN'T BEEN A, A, UH, A LACK OF FORTHRIGHTNESS,
[01:05:01]
A LACK OF REPORTING, LACK OF DISCLOSURE ON THE PROPERTY ITSELF, WITHOUT QUESTION IT IS IT IS THERE ALL THE WAY THROUGH, UM, THE CONFUSION CAME IN BETWEEN THE LOT NUMBER AND, UM, WHO ALONG THE, WHO ALONG THE LEGAL PROCESS OF CONVEYING PROPERTY, UM, MISLABELED THE LOT FROM LOT THREE TO LOT FIVE, UM, IT, YOU KNOW, IT WAS, IT WAS CONFUSING, IT'S IT, YOU KNOW, THEY'RE ALL ON THERE.UM, BUT THE MAYOR HAS CONSISTENTLY REPORTED THE PROPERTY AND ASSETS THAT HE HAS OWNED.
AND, AND, AND AS MS LAN MENTIONED, UM, SHE'S, SHE'S OVER-REPORTED AND TRIED TO, UM, BE VERY CONSISTENT IN SAYING HERE'S WHAT HAPPENED.
HERE'S WHAT HAPPENED IN THE MEMOS, UM, TO TRY AND CLEAR ALL OF THIS UP.
AND I WANT TO THANK, UH, THE COMPLAINANT RESPONDENT AND RESPONDENT'S COUNSEL, UM, FOR SITTING THROUGH THE Q AND A, UM, IF YOU'LL BEAR WITH US JUST A LITTLE LONGER, WE'RE GOING TO TURN TO DELIBERATIONS NOW.
SO WITH THAT COMMISSIONERS, UM, THIS IS A TIME TO OFFER COMMENTS, UH, SPECIFICALLY TO MAKE MOTIONS IF YOU HAVE THEM, BUT I'M HAPPY TO ENTERTAIN A DISCUSSION BEFOREHAND.
UH, I'LL JUST LIMIT IT TO, LIKE, IF YOU HAVE A COMMENT, ONE COMMENT PER COMMISSIONER, BEFORE EMOTION'S MADE SO THAT WE CAN GET TO THE MOTION MAKING.
SO ANY DISCUSSION, ANY COMMENTS? OKAY.
ANY MOTIONS OR COMMENTS? YEAH.
COMMISSIONER LAURIE, GO AHEAD.
I JUST NEED A MINUTE TO FIND THE RIGHT SECTION OF THE, SO IF YOU DON'T CLOSE THE DOOR TO COMMENT, NO COMMENTS, COMMENT, DOORS OPEN.
UH, BUT I SEE COMMISSIONER AT 11.
AND I'M HAPPY TO GO AHEAD AND ALONG WITH MY COMMENT, MAKE A MOTION THAT WE DISMISS THIS AND I'LL, AND I'LL BRIEFLY SAY WHY I THINK SO THE PRELIMINARY HEARING IS NOT MERELY TO DETERMINE IF AN ALLEGATION HAS BEEN MADE THAT FALLS WITHIN OUR JURISDICTION, BUT IF THERE ARE REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION OCCURRED, WHICH IS, I GUESS IS WHY WE HAVE AT LEAST SOME LIMITED EVIDENCE.
ALL OF THE EVIDENCE IS THAT A TYPO OCCURRED AND NOTHING OF REAL SUBSTANCE WAS WITHHELD FROM THE PUBLIC.
WHY WE ARE GOING THROUGH ALL OF THIS FOR A TYPO WHEN THERE'S ABSOLUTELY NOTHING THAT INDICATES THAT ANYONE HAS HIDDEN A PROPERTY OR A CORPORATION OR ANYTHING OF ANY SIGNIFICANCE FROM THE PUBLIC.
AND NOW MIND YOU, IF THERE WAS SOMETHING BEFORE US THAT SAID, UH, IN, IN THIS TYPO, THERE'S SOME REASON TO THINK THAT THERE'S A, YOU KNOW, SOME MAJOR ASSET THAT THE MAYOR WAS HIDING, THAT SOMEHOW IMPACTED HIS DUTIES AS MAYOR.
THAT'S AN ENTIRELY DIFFERENT MATTER, BUT THAT'S NOT THE EVIDENCE THAT WE HEARD TONIGHT.
UM, THE EVIDENCE WE HEARD IS THAT SOMEBODY HIT FIVE INSTEAD THREE GOOD NIGHT.
IF WE'RE GOING TO TURN THAT INTO A COMPLAINT, EVERY TIME WE NEED TO EXPAND THIS BOARD AND DIVVY UP INTO COMMITTEES, CAUSE WE'RE GOING TO BE BUSY.
UM, SO I DO NOT THINK THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION HAS OCCURRED AND WE SHOULD NOT ALLOW THIS TO PROCEED TO A FINAL HEARING AND SHOULD DISMISS IT TONIGHT.
AND I SECONDED MOTION IS SECONDED BY COMMISSIONER MCCORMICK, UM, DISCUSSION ON THE MOTION.
WOULD YOU LIKE TO JUMP OFF WITH WHAT YOU HAD BEFORE? SURE.
I CAN MAKE IT RELATE TO THE MOTION.
UM, I W I DISAGREE WITH SOME OF WHAT THE COMMISSIONER WAS JUST SAYING.
I DO THINK IT'S VERY IMPORTANT FOR US TO ENSURE TRANSPARENCY AND PART OF THAT IS ACCURACY.
UM, I DON'T THINK WE REALLY HEARD CONCRETE EVIDENCE EITHER WAY.
THIS IS JUST A PRELIMINARY HEARING THAT IT WAS A TYPO.
WE DON'T KNOW THAT IT WAS ON PURPOSE EITHER.
UM, BUT I DO WANT TO, UM, SAY THAT I APPRECIATE CITIZENS TAKING A LOOK AND WANTING ACCURACY IN OUR DOCUMENTS.
UM, SO I DON'T WANT TO MINIMIZE THAT OR DIMINISH, UH, THIS COMPLAINT OR OTHER COMPLAINTS THAT PEOPLE MIGHT WANT TO BRING.
I DO THINK IT'S VERY IMPORTANT.
UM, WE DON'T KNOW WHETHER IT'S A TYPO UNTIL WE KIND OF SCRATCH A LITTLE BIT UNDER THE SURFACE.
AND SO I'M GLAD THAT WE TOOK THIS COMPLAINT SERIOUSLY AND ASKED THE QUESTIONS, UM, AND HEARD OUT, UH, THE COMPLAINANT AND THE RESPONDENT.
UM, SO THAT'S JUST, THAT'S JUST A COMMENT, UM, IN TERMS OF DISMISSING THIS COMPLAINT, UM,
[01:10:01]
I HAVE A DIFFERENT REASON FOR BELIEVING WE SHOULD DISMISS THIS COMPLAINT.THE SECTION THAT IS CITED BY THE COMPLAINANT IS TWO DASH SEVEN DASH 75.
I DO NOT BELIEVE THAT THAT SECTION PROSCRIBES OR PRESCRIBES ANY CONDUCT OR SETS OUT ANY STANDARDS, UM, THAT PUBLIC OFFICIALS ARE TO FOLLOW.
I THINK IT'S MORE, UH, EXPLAINING HOW DOCUMENTS AND OATS ARE TO BE TAKEN IN INTERPRETING AND IMPLEMENTING OTHER SECTIONS OF THE CODE.
UM, SO TO THE EXTENT THAT THERE IS ANY CONDUCT THAT MIGHT, UH, RISE TO A VIOLATION, UH, I DON'T BELIEVE IT WOULD BE UNDER THIS SECTION.
THAT'S NOT TO SAY THAT ANOTHER SECTION OF THE CODE MIGHT NOT, YOU KNOW, PROVIDE A BASIS FOR FINDING A VIOLATION, BUT THE SECTION THAT HAS BEEN CITED BY THE RESPONSE, UH, BY THE COMPLAINANT, UM, I DON'T BELIEVE, UH, EVEN SETS A STANDARD THAT CAN BE VIOLATED.
UM, SO I DON'T BELIEVE THERE'S A VIOLATION THAT WE CAN FIND.
UM, I, I ECHO YOUR, YOUR APPRECIATION AND THIS COMMISSIONS COMMISSION, UH, THIS COMMISSION'S GRATITUDE FOR CITIZENS BRINGING FORTH, UM, WHEN THEY THINK THAT A VIOLATION HAS OCCURRED.
AND I THANK YOU BOTH FOR YOUR TIME.
UM, I DO NOT AGREE WITH THE MOTION TO DISMISS THIS.
I BELIEVE THAT IT IS OUR DUTY THAT IF THERE, AND I AGREE THAT WE DON'T KNOW EITHER WAY, IT COULD GO EITHER WAY.
AND I BELIEVE THAT IT IS, UM, PART OF OUR DUTY TO UNDERSTAND IT FULLY AND NOT, NOT KNOWING THE FINAL DETERMINATION, BUT IT WARRANTS FURTHER INVESTIGATION FROM MY, UH, FROM MY PERSPECTIVE, UM, ESPECIALLY IN LIGHT OF THE FACT THAT I DO UNDERSTAND COMMENTS ABOUT HOW THE SECTION LISTED HERE IS NOT VERY EXPLICIT ON WHAT IS CONSIDERED VIOLATION.
AND THAT'S WHY I HAD ASKED BOTH PARTIES, THEIR INTERPRETATION OF WHAT UNDER OATH MEANS.
I DO BELIEVE THAT IT IS A REASONABLE EXPECTATION THAT, UM, UNDER OATH AND SWORN STATEMENTS ARE TO BE INTERPRETED AS THAT THEY ARE TRUTHFUL.
AND WHEREAS TRUTHFULNESS AND ACCURACY ARE NOT NECESSARILY EXACTLY THE SAME THINGS THEY ARE RELATED.
SO ON THOSE GROUNDS, I DO NOT AGREE WITH THE PROPOSAL TO, UH, THE MOTION TO DISMISS.
UM, COMMISSIONER GREENBERG, GO AHEAD.
AND THEN I'LL, I'VE GOT COMMENTS, BUT GO AHEAD.
UM, I REALLY DON'T UNDERSTAND THE POINT OF VIEW THAT IT DOESN'T PRESCRIBE ANY, UM, BEHAVIOR.
UM, THE CONDUCT SPECIFIED SAYS THAT THE FACTS STATED ARE TRUE TO THE BEST OF THE PERSON'S KNOWLEDGE OR BELIEF.
SO THAT IS A BEHAVIOR THAT'S EXPECTED.
UM, AND THE COMPLAINT IS NOT AGAINST DIANE LAND, BUT DIANE LAND MADE CLEAR WITH HER STATEMENT THAT SHE KNEW IT WAS DUNNING LOT, THREE, AND FILLED OUT THE FORM WITH DUNNING LOT FIVE.
SO THERE'S NOT A COMPLAINT AGAINST DIANE LAND THOUGH.
I APPRECIATE THAT, YOU KNOW, UM, AS I, AS I'VE BEEN SITTING BACK AND LISTENING, UM, ONE THING THAT STRIKES ME IS ONE, UM, THE STATUTE OF LIMITATIONS, UH, WITHOUT HAVING DONE THE RESEARCH, TO KNOW WHETHER OR NOT STATE COUNTY LOCAL, UH, EMERGENCY ORDERS TOLD, UM, THE CAUSE OF ACTION, WE'LL CALL IT.
UM, MY SENSE IS THAT THAT WOULDN'T BE THE CASE JUST BECAUSE THIS ISN'T A KIND OF A NORMAL CAUSE OF ACTION WHERE A QUASI JUDICIAL BODY AND THE VIOLATIONS THAT WE HEAR AREN'T NECESSARILY SUITS THAT WOULD BE UNDERSTOOD IN THAT WAY.
BUT THE KIND OF IMPORTANT THING TO ME IS IF WE TAKE IT AT FACE VALUE, THAT THAT TWO YEAR PERIOD, UH, EXTENDS FROM THE DATE OF THE ALLEGED VIOLATION AND THAT THE ONLY ALLEGED VIOLATION THAT FALLS IN THAT PERIOD IS THIS JULY, 2020 FINANCIAL STATEMENT.
THE ONLY THING THAT IS KIND OF ALLEGED TO HAVE BEEN WRONG IS THAT IN THE LLC SECTION, IF I'M UNDERSTANDING CORRECTLY THAT THE NUMBER WAS FIVE INSTEAD OF THREE, AND NOTHING HAS BEEN PRESENTED, THAT INDICATES THAT
[01:15:01]
THERE WAS ANY UNDERLYING ASSET THAT DUNNING LOT THREE HAD, PRESUMABLY THAT WOULD HAVE BEEN REPORTED ELSEWHERE IN THE FINANCIAL DISCLOSURE DISCLOSURE STATEMENT.BUT I THINK ALL OF THAT'S KIND OF THAT HAS TO TAKE A BACK SEAT TO THE POINT THAT YOU WERE MAKING COMMISSIONER LARRY, WHICH IS WHY I'M TALKING TO YOU, BECAUSE I THINK IT'S A REALLY IMPORTANT POINT, UM, THAT TWO DASH 7 7, 5, UM, DOESN'T SEEM TO DESCRIBE BEHAVIORS OR CONDUCT THAT ARE THE KIND THAT CAN BE READILY VIOLATED TO ME.
IT'S LIKE ASKING WHETHER OR NOT SOMEONE CAN VIOLATE THE DEFINITION OF, UM, OFFICIAL ELSEWHERE IN THE CODE OR WHETHER OR NOT SOMEONE CAN VIOLATE A FINDING OF, UM, KIND OF A POLICY PURPOSE, OR LIKE LEGISLATIVE INTENT THAT YOU SOMETIMES SEE IN ORDINANCES.
UM, SO I STRUGGLED TO FIND KIND OF HOW THIS COULD BE VIOLATED IN THE FIRST PLACE.
UM, AND THEN SEPARATE AND APART FROM THAT, I'VE STRUGGLED TO FIND, UM, YOU KNOW, ANOTHER PART OF ARTICLE FIVE, WHICH IS THE FINANCIAL DISCLOSURE PART OF TWO DASH SEVEN THAT COULD HAVE BEEN VIOLATED WITH A WRONG NUMBER.
UM, PARTICULARLY SINCE, UH, IT WAS INDICATED.
I THINK IF I'M REMEMBERING HIM TO JULY, 2020 REPORT THAT, UH, DUNNING LOT FIVE SHOULD HAVE BEEN THREE, UM, THAT THE UNDERLYING ASSETS WERE SOLD, THAT IT'S NOT BASICALLY KIND OF JUST A PLACEHOLDER, IT'S NOT THING ANYMORE.
I STRUGGLED TO KIND OF THINK OF WHAT IN TWO DASH SEVEN DASH 72, WHICH ACTUALLY DESCRIBES THE CONTENTS OF THE FINANCIAL DISCLOSURE STATEMENT, LIKE WHAT, WHAT WOULD HAVE BEEN VIOLATED.
UM, SO I STRUGGLED TO FIND A VIOLATION MYSELF, UH, EVEN ONE THAT'S LIKE KIND OF COGNIZANT UNDER THE ORDINANCES.
UM, SO FOR THAT REASON, I SUPPORT THE MOTION TO DISMISS ON THE BASIS THAT THERE AREN'T REASONABLE GROUNDS TO BELIEVE A VIOLATION OCCURRED.
UM, SO THAT'S, THOSE ARE MY THOUGHTS, THE DOORS OPEN UP.
IF, IF ANYONE HAS COMMENTS, UM, I DON'T WANT THAT TO BE THE FINAL WORD.
COMMISSIONER, ELEVEN'S GO AHEAD.
I DON'T WANT TO ARGUE AGAINST MY OWN MOTION AND I'M NOT GOING TO, BUT I HEAR COMMISSIONER LAURIE AND CHAIRMAN SOBER ON SAYING THAT YOU DON'T THINK THAT, UM, UH, THAT THE ALLEGATION CONSTITUTES A VIOLATION BECAUSE YOU CAN'T VIOLATE THAT.
AND I WILL CONFESS THAT WHAT I'M GOING TO SITE, I HAVE NOT QUITE NOTICED BEFORE, BUT IN 2 744 E IT APPEARS THAT IF THAT'S OUR DETERMINATION, THAT IF BEFORE A COMPLAINT IS DISMISSED FOR FAILURE TO ALLEGE A VIOLATION, WE HAVE TO GIVE THEM AN OPPORTUNITY TO REVISE AND RESUBMIT THE COMPLAINT.
UM, I HAD NOT NOTICED THAT BEFORE, BUT I THINK MY MOTION IS THE ALLEGATION COULD THEORETICALLY BE A VIOLATION, BUT SINCE THERE IS NOT REASON THERE NOT REASONABLE GROUNDS TO BELIEVE THAT THE VIOLATION ACTUALLY OCCURRED AND SHE SHOULD BE DISMISSED FULL STOP.
I THINK WHAT COMMISSIONER LAURIE IS ARGUING FOR IS THAT IT FAILS TO ALLEGE A VIOLATION.
AND THEN UNDER THIS, WE WOULD THEN NEED TO GIVE THE COMPLAINANT AN OPPORTUNITY TO MAKE AN AMENDMENT OR, UH, UM, REVISE AND RESUBMIT THE COMPLAINT, WHICH I GUESS I'M NOT SURE IF OUR, I'M NOT SURE IF THE DISMISSAL UNDER MY, UH, MOTION WOULD BE WITH PREJUDICE.
I DON'T KNOW IF THIS BODY HAS THE CONCEPT OF WITH VERSUS WITHOUT PREJUDICE.
UM, SO I JUST WANT TO MAKE SURE THAT WHEN WE VOTE, WE ALL ARE VOTING FOR WE'RE CLEAR ON WHAT WE'RE VOTING FOR SURE.
UM, I THINK, UH, WITHOUT GETTING INTO THE WEEDS OF WHETHER OR NOT, UH, WE HAVE WITH AND WITHOUT PREJUDICE, UM, WHETHER OR NOT WE WANT TO IMPORT JUDICIAL CONCEPTS INTO OUR QUASI JUDICIAL BODY LIKE THAT, UM, THOSE ARE, WE DON'T WANT TO GET INTO RIGHT NOW, BUT, UM, I THINK THE DISTINCTION, UM, IT'S A USEFUL ONE.
UH, I DON'T KNOW, OR LET ME PUT IT THIS WAY.
I DON'T KNOW IF A COMPLAINANT UNDER EITHER SCENARIO WAS FORECLOSED FROM SUBMITTING ANOTHER COMPLAINT THAT IS RELATED.
UM, SO EVEN IF WE DID HAVE LIKE A REST JUDICATA, LIKE, LIKE A WITH PREJUDICE KIND OF BAR ON SUBSEQUENTLY FILING SUITS, UM, AS LONG AS IT'S ALLEGING DIFFERENT CONDUCT, UM, PRESUMABLY THEY WOULDN'T SAY YOU GOT THE LETTER WRONG AND HERE'S THE RIGHT CODE.
I MEAN, IF THEY DID THAT, THEN WE WOULD RUN INTO OUR PROBLEM.
[01:20:01]
BE SOME OTHER CONDUCT THAT IS UNDERLYING A VIOLATION, ALL THAT TO SAY IN EITHER SCENARIO.I DON'T KNOW IF THE COMPLAINANTS PRECLUDED FROM SUBMITTING ANOTHER COMPLAINT, IF THEY THINK THEY GOT IT WRONG.
UM, BUT IF, IF IT'S I SEE COMMISSIONER DANBURG, UM, I'LL GET TO YOU.
UH, LAST THING I'LL SAY IS THAT IF I'M HAPPY TO ENTERTAIN A WITHDRAWAL OF THE MOTION, IF WE WANT TO JUST, IF YOU WOULD PREFER TO DO IT THE OTHER WAY, I WOULD NOT LIKE TO WITHDRAW MY LITTLE SHIRT, JUST CHECKING.
UM, UH, BUT REAL QUICK COMMISSIONER DANBURG, UH, LYNN CARTER WITH THE LAW DEPARTMENT, IT LOOKED LIKE YOU HAD SOMETHING YOU MIGHT WANT TO ADD OR CLARIFY PROCEDURALLY RATHER.
YEAH, SO I WAS POINTING OUT THAT COMMISSIONER, DAN BERG HAD HER HAND RAISED AND I WAS SHAKING MY HAND AT THE MOTION TO WITHDRAW JUST BECAUSE PROCEDURALLY ONCE IT'S SECONDED, IT'S, IT'S A LAUNCH TO THE CONDITION.
IT CAN'T BE SORRY, SORRY AGAIN, THAT'S WHY WE HAVE ROBERT'S RULES FOR DUMMIES IN THE CORNER OVER THERE.
UM, UH, COMMISSIONER, DANBURG GO AHEAD TO A SIGNIFICANT DEGREE.
I BELIEVE THAT WE'RE TRYING TO FIGURE OUT HOW MANY ANGELS DANCE ON THE HEAD OF A PEN.
I THINK THAT MS. MITCH IS REALLY A GREAT INVESTIGATOR AND VERY, UM, VERY APPRECIATED AND WHAT IT IS THAT SHE'S BRINGING FORTH.
BUT I DON'T, I DON'T SEE WHERE MAYOR ADLER WAS TRYING TO IN ANY WAY, LIKE DIMINISH HIS WEALTH OR HIS REAL ESTATE PRACTICES OR WHATEVER, BECAUSE IT'S, IT'S KIND OF PEOPLE LIKE US DON'T QUITE GET IT, BUT IT'S KINDA DIMINISHED.
DIMINIMOUS, UM, NOT, NOT LIKE IT CHANGES WHETHER OR NOT YOU THINK THE MAYOR IS A GOOD OR BAD GUY FOR WHAT HE'S DOING IN HIS ROLE STATE PRACTICE.
IT, IT SEEMS A BIT DIMINIMOUS.
AND SO WHILE I APPRECIATE KEEPING TRANSPARENCY FRONT AND CENTER, AS MS. MICHELLE IS DOING, UM, I DON'T KNOW IF IT'S APPROPRIATE FOR ME TO SECOND THE MOTION, UH, AFTER MAKING THESE COMMENTS, BUT YOU'LL LET ME KNOW IF IT IS WELL, SO, UH, THE MOTION HAS BEEN SECONDED.
UM, SO WE'RE, WE'RE PAST POINT.
THAT IS COMMISSIONER MCCORMICK.
UM, BUT, UH, THANK YOU VERY MUCH.
AND IF, ARE THERE ANY OTHER COMMENTS DISCUSSION ON THE MOTION? YES.
COMMISSIONER STANTON JUST WANTED TO REMIND US THAT PER OUR CODE, A DECISION TO CONDUCT A FINAL HEARING IS NOT A FINDING THAT A VIOLATION HAS OCCURRED.
I APPRECIATE THAT I AM A STICKLER FOR OUR CODE AND OUR RULES OF PROCEDURE.
SO THE REMINDERS ARE ALWAYS WELCOME.
UH, I THINK THEN WE'RE READY TO PROCEED TO A VOTE.
SO, UM, WHAT I'VE DONE, UH, IN WHAT I'LL CONTINUE TO DO, AS LONG AS WE'VE GOT OUR FRIEND ZOOM OR WEBEX OR WHATEVER THE PLATFORM IS, I'M GOING TO STATE YOUR NAME, UM, AND YOU'LL SAY AYE, OR NAY OR ABSTAIN.
UM, I WILL REPEAT THAT BACK JUST TO MAKE SURE THAT I'VE GOT IT RIGHT.
SO MIKE YOURSELF SLASH UNMUTE YOURSELF WHEN I CALL YOUR NAME, STATE YOUR VOTE, AND WE'LL PROCEED ACCORDINGLY WHEN I CALL YOUR NAME.
KALE IS I, WHERE IS MY SHEET? UM, I'LL JUST START GOING AROUND.
COMMISSIONER LAURIE, UM, ABSTAIN.
WHAT'S YOUR NAVARRO ABSTAINS COMMISSIONER WILLIAMS. I'M GOING TO SUPPORT THE MOTION.
NO, YOU SHOULDN'T HAVE STANTON NAYNAY.
UH, COMMISSIONER LEVIN'S COMMISSIONER LEVIN'S IS AN EYE SHINDER LEVIN'S IS AN EYE COMMISSIONER AND MCCORMICK MISSIONER MCCORMICK.
I COMMISSIONER GREENBERG GREENBERG.
[01:25:01]
TO OUR REMOTE COMMISSIONERS COMMISSIONER TENDER YUCA.I IN COMMISSIONER DANBURG YES.
SO I THINK THAT IS 1, 2, 3, 6, 8 I'S ONE NAY ONE ABSTENTION, WHICH MEANS THAT THE MOTION PASSES AND IT IS DISMISSED.
UM, IF I GOT THAT RIGHT, SOMETIMES IF I'M WRONG, GOT A HEAD NOD.
SO THANK YOU, RESPONDENT COUNSEL FOR THE RESPONDENT.
COMPLAINANT MS. MITCH, UM, FOR YOUR TIME FOR PARTICIPATING AND, UM, HOPE YOU HAVE A GOOD SAFE UNEVENTFUL REST OF YOUR WEEK.
WOULD IT BE, UM, HELPFUL TO REMIND, UH, FOLKS HERE? IS THAT AN OPTION? WHAT COMMISSIONER, UH, 11 HAD BROUGHT FORTH OR REMINDED US THAT THE COMPLAINANT HAS A OPPORTUNITY TO RESUBMIT? OR WHAT IS IT EDIT? YES, SURE.
REVISE AND RESUBMIT THE COMPLAINT.
SO, UM, WHAT THE MOTION WAS WAS, UH, TO DISMISS BECAUSE, UH, THERE WERE NOT GROUNDS REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION THAT OCCURRED, UM, AS OPPOSED TO WHAT IS TO ALLEGE, CORRECT.
THERE WAS A, THERE WAS A DIFFERENCE OF OPINION.
IT SEEMED AS TO WHETHER OR NOT THERE WAS A FAILURE TO ALLEGED.
SO, UM, IN ANY EVENT, WHAT THE COMPLAINANT CAN DO IS, UM, IF THEY THINK THERE'S A DIFFERENT VIOLATION THAT OCCURRED SUBSEQUENTLY FILED ANOTHER.
OF COURSE, IN MR SHEETS, THANK YOU SO MUCH FOR YOUR HELP.
UM, COMMISSIONERS, WE'LL TAKE A LITTLE RECESS ABOUT FIVE MINUTES JUST TO STRETCH LEGS, UM, GET SOME WATER, UH, AND THEN WE'LL GET BACK TO THE REST OF OUR AGENDA.
JUST SO EVERYONE KNOWS, WE'RE JUST WAITING ON COMMISSIONED WILLIAMS TO COME BACK AND THEN WE WILL JUMP BACK INTO, UH, BACK OUT OF RECESS RATHER, MR. CHAIRMAN.
YES SO I'M GONNA ACKNOWLEDGE THAT IT IS 9:00 PM OUT OF RECESS, AND I'LL ACKNOWLEDGE THAT COMMISSIONER DANBURG IS GOING TO, UH, UH, WALK WALK.
UM, SO COMMISSIONERS, UH, THE NEXT ITEM ON OUR AGENDA
[3.a. Candidate and Officeholder Campaign Finance Brochure]
IS THREE A, SO WE'RE IN THE NEW BUSINESS NOW.UM, AND ITEM THREE ON THE AGENDA IS DISCUSSION AND POSSIBLE ACTION REGARDING THE FOLLOWING, THE CANDIDATE AND OFFICER, UH, OFFICE HOLDER CAMPAIGN FINANCE BROCHURE, AND LYNN CARTER FROM THE LAW DEPARTMENT WILL EXPLAIN THE DRAFT PROPOSAL, WHICH YOU SHOULD HAVE RECEIVED IN AN EMAIL PRIOR TO THE MEETING.
SO LYNN, OVER TO YOU, THANK YOU.
SO, UH, WE HAVE THE CITY CLERK, MYRNA RIOS, UH, AVAILABLE TO ANSWER QUESTIONS.
I'M JUST GOING TO WALK US THROUGH THIS AND, UM, AND GIVE YOU SOME BACKGROUND FOR THOSE OF YOU WHO HAVE NOT, UH, VOTED ON THE CANDIDATE AND OFFICE HOLDER CAMPAIGN FINANCE BROCHURE BEFORE.
I'M NOT SURE EXACTLY WHEN THE COMMISSION STARTED ADOPTING THIS GUIDELINE, BUT IT'S A GUIDELINE FOR CANDIDATES.
IT IS HELPFUL INFORMATION FOR THEM ABOUT, UM, THEIR CAMPAIGN FINANCE FILINGS.
THE CITY CLERK'S OFFICE IS OBLIGATED UNDER CHAPTER TWO DASH TWO OF THE CITY CODE TO PROVIDE AN ENTIRE PACKET, UH, FOR CITY COUNCIL CANDIDATES.
AND THIS IS ONE OF THE ITEMS THAT IS INCLUDED IN THAT PACKET.
AND, UM, I WILL TELL YOU FROM PAST EXPERIENCE AS, UH, DABBLING IN ELECTION LAW, THAT THE CITY CLERK'S OFFICE IS FOR, HAS BEEN FOR MONTHS PREPARING THIS CANDIDATE PACKET ON ADVICE OF THE ELECTION LAWYERS IN THE CITY ATTORNEY'S OFFICE.
AND SO THIS IS ONE PIECE THAT THE ETHICS REVIEW COMMISSION, UM, VOTES ON THE, UM, AND, AND IT'S INCLUDED.
SO IT IS PUBLISHED AND AVAILABLE
[01:30:01]
TO CANDIDATES SIX MONTHS PRIOR TO THE NOVEMBER 8TH ELECTION.SO THAT IS, HAS TO BE THE FRIDAY BEFORE MAY 8TH, UM, BECAUSE PAPER PACKETS, AS WELL AS AN ELECTRONIC VERSION, UM, AS AVAILABLE TO CANDIDATES.
SO IT WOULD BE BEST FOR US TO, FOR YOU AS THE COMMISSION TO APPROVE THIS.
UM, OR IF YOU WANT DIFFERENT LANGUAGE TO DECIDE THAT TONIGHT, BECAUSE YOUR NEXT MEETING IS APRIL 25TH, THAT'S GOING TO BE TOO CLOSE TO THE PUBLICATION.
AM I RIGHT ON THAT? MYRNA? YES.
UM, I'M READY TO USE THE CITY CLERK.
AND AS LYNN MENTIONED, WE ARE ALREADY PREPARING FOR THE 2022 NOVEMBER ELECTION.
UM, MAY 2ND IS ACTUALLY THE DATE.
WE HAVE SLATED, UH, TO MAKE THE CANDIDATE PACKET AVAILABLE ELECTRONICALLY AND IN HARD COPY THESE PACKETS, IF YOU ARE NOT AWARE ARE, UM, THOUSANDS OF PAGES PAGES.
AND, UM, WE NEED TOGETHER ALL OF THE APPROVED DOCUMENTS SO THAT WE CAN THEN, UM, PREPARE THE CANDIDATE OR THE PACKET SO THAT WE CAN PROVIDE TO THE VENDOR TO PRINT MULTIPLE COPIES.
AND THEN WE CAN PUT TOGETHER ALL OF THE BINDERS.
UM, SO WE ALLOW OURSELVES AT LEAST A WEEK AND A HALF BEFORE OUR DEADLINE OF MAY TO THANK YOU.
UM, SO I WILL JUST, I, I WILL SAY THAT SOMEONE HAD ASKED ME PREVIOUSLY WHETHER OUR PACKET INCLUDED EVERYTHING THAT I EMAILED YOU, MY DESCRIPTION OF WHY I HIGHLIGHTED CHANGES MY RECOMMENDED CHANGES TO THIS BROCHURE.
UM, I DID NOT PUT IN YOUR PACKET.
UM, I CONSIDERED THAT ATTORNEY, CLIENT ADVICE.
SOME OF IT THAT'S QUESTIONABLE, BUT, UM, I DID NOT INCLUDE THAT IN YOUR PACKET, BUT I'M QUITE HAPPY TO WALK THROUGH THOSE WITH YOU.
I DO HAVE THOSE REASONS AVAILABLE.
SO CHAIR, YOU TELL ME I'M HAPPY TO WALK THROUGH EACH ONE OR I CAN ADDRESS JUST THE SUBSTANTIVE CHANGES AS OPPOSED TO CHANGES A DATE OR, UM, JUST, YOU KNOW, ADDRESS THE TEXAS ETHICS COMMISSION, THAT SORT OF THING.
I THINK, UM, HOW ABOUT YOU WALK, I'M LOOKING AT THE OTHER COMMISSIONERS TO SEE IF THERE ARE BIG HANDS, BUT I SAY WALK US THROUGH THE BIG CHANGES AND THEN IF WE HAVE QUESTIONS ON, UH, SPECIFICS.
UM, I'M JUST GONNA START WITH, UM, PAGE THREE, UM, THOSE, UM, THE I'M IGNORING THE SECOND BULLET POINT, WHICH IS KIND OF SELF-EXPLANATORY.
UM, THE NEXT PROVISION I ACTUALLY CHECKED WITH THE CITY CLERK'S OFFICE, THE CITY CORKS CITY CLERK, MYRNA, WHO IS HERE IS FINE WITH THIS CHANGE ON CLARITY THAT, UM, WE ARE ADVISING CANDIDATES IN REGARD TO, UH, TELLING THEM THAT FILLING OUT, UM, A CAMPAIGN TREASURER'S APPOINTMENT IS NOT AN APPLICATION FOR PLACE ON THE BALLOT.
AND WE REFER THEM TO THE CANDIDATE GUIDE PUBLISHED BY THE CITY CLERK'S OFFICE FOR THAT INFORMATION.
UM, AND THE, UM, WEBSITE TO PROVIDE THAT INFORMATION.
WE USED TO SAY, CONTACT THE CITY CLERK'S OFFICE.
UM, AND WE FEEL LIKE THE WEBSITE AND THIS INFORMATION PROVIDES CLEAR INFORMATION.
SO THAT, THAT IS THE LARGEST, YOU KNOW, CHANGE ON PAGE THREE.
UM, MOVING ON TO, UM, PAGE FOUR.
SO THIS IS WHERE WE HAVE DOLLAR AMOUNT CHANGES FOR, UM, THAT THE CITY CHARTER PUTS CONTRIBUTION LIMITS IN, BUT REQUIRES THAT THOSE CONTRIBUTION LIMITS BE ADJUSTED BASED ON THE CONSUMER PRICE INDEX FOR INFLATION.
SO THAT HAPPENS ANNUALLY WHEN THE BUDGET IS ADOPTED SO THAT THIS FISCAL YEAR'S BUDGET WAS ADOPTED, UM, BACK IN AUGUST OR SEPTEMBER.
UM, I CAN'T GIVE YOU THE SPECIFIC DATE, UM, BUT IT WAS ADOPTED AND BECAME EFFECTIVE OCTOBER 1ST, 2021.
SO PRIOR TO THAT BUDGET ADOPTION, THE FINANCE DEPARTMENT LOOKS AT THE CONSUMER PRICE INDEX
[01:35:01]
PICKS THE ONE THAT COMPLIES WITH THE CHARTER BEING THE MOST RECENT, UM, PRIOR TO THE BUDGET ADOPTION AND MAKES THOSE CALCULATIONS.SO I SENT YOU AN EMAIL FROM THE, MY CONTACT IN THE FINANCE DEPARTMENT, WHO SAID, THESE ARE THE ADJUSTED NUMBERS FOR INFLATION IS 41,000.
UM, YOU KNOW, TWO YEARS AGO IT WAS 38,000.
SO JUSTIN FOR, UM, INFLATION, IT IS INCREASES TO 41,000.
UM, THAT IS THE AGGREGATE CONTRIBUTION, UM, FOR A CANDIDATE, A CANDIDATE IN THE CANDIDATES CAMPAIGN COMMITTEE, AND CAN ACCEPT MORE THAN THAT AS A TOTAL AND THEN, UM, PER ELECTION, UM, IT'S 27,000 INSTEAD OF THE 25,000.
THAT WAS BEFORE THE INFORMATION THAT I OMITTED THE BOTTOM SENTENCE, UM, THAT YOU SEE THERE IS STRIKE THROUGH.
THAT IS THE DATE THAT THE PUBLIC, I GUESS, COULD GO LOOK UP THE CONSUMER PRICE INDEX.
UM, I FIND THAT SOMEWHAT CONFUSING.
I DID REQUEST THAT WE ADD THAT IN TO TWO YEARS AGO WHEN POSSIBLY FOUR YEARS AGO, AND WE'VE BEEN ADDING IT SINCE.
UM, BUT WHEN THE CHARTER TALKS ABOUT THE MOST RECENT, IT MEANS THE MOST RECENT PRIOR TO THE BUDGET ADOPTION.
IT'S ACTUALLY GOING TO BE, YOU KNOW, UH, JUNE, JULY OR AUGUST, DEPENDING ON WHEN THE BUDGET IS ADOPTED.
SO IT'S BEFORE THE BUDGET ADOPTION AS OPPOSED TO BEING CONNECTED TO THE ELECTION ITSELF.
SO IF YOU WANT THAT DATE IN THERE, YOU COULD THAT YOU CAN INCLUDE THAT IN EMOTION, AND I CAN GET THAT DATE FROM THE FINANCE DEPARTMENT AND WE CAN PUT IT BACK IN.
UM, YOU KNOW, IT WILL BE SOME POINT IN THE SUMMER OF 2021.
UM, SO THAT, THAT IS PROBABLY THE MOST SUBSTANTIVE, UM, CHANGE THAT, THAT I AM RECOMMENDING.
UM, IF YOU WILL MOVE ON TO PAGE SIX UM, THESE CHANGES ARE JUST, ARE REALLY MORE FOR CLARIFICATION.
UM, AND I CAN READ IT IF YOU WANT ME TO.
UM, BUT ESSENTIALLY I'LL JUST EXPLAIN WHAT HAPPENS YOU AS THE ETHICS REVIEW COMMISSION SPONSOR AND THE CITY SPONSORS CANDIDATE FORUMS. SO THAT CANDIDATES PROVIDE INFORMATION TO THE PUBLIC FOR THE PUBLIC TO MAKE A DECISION ON WHO WOULD BE THEIR BEST CANDIDATE TO VOTE FOR.
THERE IS A, UM, THE MOST WELL-KNOWN CANDIDATE FORUM IS CANDIDATES ARE INVITED TO A MODERATED FORUM OR THE LEAGUE OF WOMEN VOTERS ASK QUESTIONS.
IT IS A PUBLIC MEETING IF WE'RE NOT HAVING PANDEMIC, UM, OR OTHER EMERGENCY SITUATIONS, UM, THE CANDIDATES APPEAR AND ANSWER THOSE QUESTIONS.
THE, THE ATX N EHRS LIVESTREAMS, THOSE AND THE PUBLIC CAN ATTEND VIRTUALLY AT THE VERY LEAST.
AND HOPEFULLY IN 2022, WE WILL NOT HAVE A PANDEMIC THAT PREVENTS PERSONAL APPEARANCE BY AN AUDIENCE, BUT WE'VE AIRED IT ON RADIO TELEVISION.
UM, AND THE PUBLIC COMMUNICATIONS OFFICE HAS DONE A GOOD JOB OF ADVERTISING PUTTING OUT PRESS RELEASES BEFORE EACH ONE I'VE HEARD THEM ANNOUNCED ON KUT.
AND SO THE WORD GETS OUT ABOUT THAT.
UM, THERE ARE TWO OTHER FORUMS UNDER THE CITY CODE, UM, WHICH YOU HAVE A RIGHT TO CHANGE IF YOU WANT.
WHAT SAY
AND THEY CAN LISTEN TO THE FIVE MINUTE STATEMENTS OF THE CANDIDATES.
THE THIRD FORUM IS A LEAGUE OF WOMEN VOTERS QUESTIONNAIRE, WHERE THERE'S A QUESTIONNAIRE AND ANSWER, UM, ANY CANDIDATE THAT WANTS TO APPLY FOR PUBLIC FUNDS FOR A RUN IN CASE THEY ARE IN A RUNOFF ELECTION, MUST PARTICIPATE IN ALL THREE CANDIDATE FORUMS
[01:40:01]
TO BE ELIGIBLE.UM, THEY HAVE TO SIGN A CONTRACT, PARTICIPATE IN THOSE THREE FORUMS TO BE ELIGIBLE, TO QUALIFY IF THERE'S A RUNOFF TO RECEIVE PUBLIC FUNDS.
SO, UM, THAT IS THE IMPORTANCE OF THOSE THREE SEPARATE CANDIDATE FORUMS. UM, ONCE WE GET PAST THE DEADLINE FOR APPLICATION, FOR PLACE ON THE BALLOT, WHICH IS IN AUGUST, THE CHAIR OF THE COMMISSION, UH, SENDS OUT A LETTER TO ALL THE CANDIDATES TO INVITE THEM TO THESE THREE FORUMS. SO THAT, THAT IS, UM, I WAS JUST DOING SOME REWORDING KIND OF MIDWAY ON THE, ON PAGE SIX TO, TO CLARIFY THAT A BIT.
UM, AND I, I THINK THOSE ARE THE, UM, MAIN SUBSTANTIVE CHANGES.
IF YOU LOOK AT PAGE NINE, I ADDED A SENTENCE BECAUSE STATE LAW WAS CHANGED TO, UM, REQUIRE SOME EXPENDITURE DISCLOSURES BY CREDIT CARD.
THAT'S JUST SOME ADDITIONAL INFORMATION, UM, THAT I WAS INCLUDING FOR CANDIDATES TO KNOW ABOUT ANY QUESTIONS COMMISSIONERS, ANY QUESTIONS? CAN WE SEND HER STANTON, GO AHEAD.
HOW DOES, HOW DOES ONE LOOK UP CODE ONLINE? WHICH, WHICH OF THESE LINKS LIKE, YOU KNOW, WE WERE FRIENDS, A LOT OF CODE, WELL, HONEY, THE CITY CLERK'S WEBSITE HAS, UM, CHAPTER TWO DASH, TWO OF THE CITY CODE CAN BE PULLED UP.
SOMEONE CAN GOOGLE, UM, AUSTIN, TEXAS CITY CODE, AND THEY WILL GET, UM, A REFERENCE TO THAT.
BUT IF YOU WANT ME TO PROVIDE A LINK TO JUST ALL CITY CODES AND ORDINANCES, WE CAN ADD THAT TO THE BROCHURE.
AND IT WOULDN'T, YOU KNOW, YOU WOULDN'T HAVE TO PUT IT, UH, A LINK SPECIFICALLY FOR THIS CODE WHEN YOU TALK ABOUT THAT, BUT JUST A GENERAL CODE, LIKE GO HERE AND THEN YOU CAN DO A SEARCH OKAY.
I THINK THAT WOULD BE VERY, SO MY SUGGESTION WOULD BE APPLICABLE CITY CODE, CHARTER, AND CODE PROVISIONS ON PAGE ONE, I CAN ADD A SENTENCE, UM, BELOW THAT PARAGRAPH THAT SAYS, UM, FOR ALL CITY CHARTER AND CITY CODE PROVISIONS, UM, SEE THIS HYPERLINK.
THE, THE WEBSITE THAT YOU GO TO HAS AN OPTION.
YOU CAN GO TO THE CHART, CLICK ON THE CHARTER, YOU CAN CLICK ON THE CITY CODE AND THEN IT BREAKS DOWN INTO EACH CHAPTER.
SO IF YOU WANT ME TO TRY TO GET ON THE CAMERA AND SHOW YOU, I, UM, I CAN WORK WITH CTM TO DO THAT.
I THINK, UM, COMMISSIONERS, ANY OTHER QUESTIONS ABOUT THE CANDIDATE BROCHURE RATHER THAN THE CAMPAIGN BROCHURE? UM, COMMISSIONER GREENBERG? UM, MAYBE IT'S BECAUSE IT'S BEEN THERE IN THE PAST FOR HOWEVER LONG.
I DON'T KNOW, BUT I THINK IT'S APPROPRIATE TO SAY WHEN THE CONSUMER PRICE INDEX CALCULATION WAS DONE, BECAUSE OTHERWISE PEOPLE MIGHT WONDER WHY AREN'T THEY PUTTING THAT DATA ANYMORE? SO MY PREFERENCE WOULD BE TO PUT IT BACK.
UM, SO I'M JUST FOR THE RECORD, I'M MAKING A LITTLE NOTE ON SOME OF THESE CHANGES IN JUST CAUSE THE MOTION TO ADOPT THE BROCHURE WOULD HAVE TO INCLUDE, UM, YES.
HYPERLINK AND THE DATE, THE DATE TO CPI.
SO, UH, WHEN WE'RE, WHEN WE'RE DONE WITH ANY KIND OF COMMENTS OR QUESTIONS, UM, I'M GOING TO HAVE THE MOTION, IT'S KIND OF A SPEAK NOW OR FOREVER HOLD YOUR PEACE KIND OF THING.
LIKE IF YOU DON'T THINK THAT THE DATE SHOULD GO BACK IN, SAY IT, YOU DON'T THINK THERE SHOULD BE A HYPERLINK, SAY IT CAUSE OTHERWISE I'M JUST GOING TO KIND OF RUN WITH IT AND MAKE THE MOTION FOR EVERYONE'S AWARENESS.
UM, ANY OTHER COMMENTS OR QUESTIONS ABOUT THE BROCHURE? OKAY.
AND MATT CASE GOING ONCE GOING TWICE, THREE TIMES, UM,
[01:45:02]
SOLD, UH, I WANT TO THANK CITY CLERK RIOS FOR BEING WITH US AND I WILL MAKE A MOTION TO ADOPT THE CANDIDATE AND OFFICE HOLDER CAMPAIGN FINANCE BROCHURE WITH THE ADDITION ON PAGE ONE OF A SENTENCE THAT DIRECTS READERS TO A HYPERLINK WHERE THEY CAN FIND CITY CODE AND CHARTER PROVISIONS, AND THEN TO, UH, RE INTRODUCE THE DATES AS THEY'RE LISTED THE DATES OF THE CPI PUBLICATION, THE RELEVANT PUBLICATION ON PAGE FOUR OF THE BROCHURE.I'LL TAKE IT FROM THE VICE CHAIR.
BASS CHAIR, KALE FOR THE SECOND DISCUSSION ON THE MOTION GOING ONCE, TWICE, THREE TIMES, UH, SOLD, THEN I'M GOING TO, UH, JUST QUICKLY GO AROUND THE HORN.
UM, AND JUST ASK FOR YOUR VOTE.
I WANT TO HAVE TO SAY IT BACK, BUT I'LL JUST ASK YOU TO UNMUTE YOURSELF OR MIKE, YOURSELF TO SAY YOUR VOTE ON THE MOTION.
COMMISSIONER MCCORMICK, COMMISSIONER GREENBERG, COMMISSIONER LAURIE.
HI, COMMISSIONER WILLIAMS. I SUPPORT THE MOTION COMMISSIONERS, STANTON AND COMMISSIONER.
THANK YOU VERY MUCH, COMMISSIONERS.
WE'LL MOVE ON AND THANK YOU AGAIN.
UH, CITY CLERK RIOS FOR BEING WITH US AND HELPING, UM, NEXT
[3.b. Process and Possible Recommendations for FY2022-23 f.]
UP IN NEW BUSINESSES, THREE B ON OUR AGENDA.IF I CAN FIND WHERE I PUT MY AGENDA, UM, IT HAS TO DO WITH BUDGET RECOMMENDATIONS AND IF WE WANT TO MAKE SUCH RECOMMENDATIONS.
SO, UM, THE REASON THIS IS JUST FOR, UM, UH, I'M HAPPY TO KICK IT TO LYNN TO KIND OF BRIEFLY DESCRIBE KIND OF SOME OF THE BACKGROUND FOR THE PROCESS.
IF WE WANT IT TO MAKE A BUDGET RECOMMENDATION AND MY TIME ON THE COMMISSION, I DON'T THINK WE'VE EVER MADE A BUDGET RECOMMENDATION TO COUNCIL AS IT ADOPTS THE CITY BUDGET, BUT THE CONTEXT TO REFRESH EVERYONE'S MEMORY WE HAD DISCUSSED LAST FALL.
I THINK, A POSSIBLE PROPOSALS THAT WOULD HAVE A PRICE TAG ESSENTIALLY TO THE CITY BUDGET.
I THINK ONE OF THEM WAS AN OMBUDSMAN, UH, FOR, UH, ELECTION RELATED ISSUES, UM, AS OPPOSED TO THE NORMAL ETHICS, UM, TWO DASH SEVEN VIOLATIONS THAT THE CITY AUDITOR WOULD BE BRINGING NORMALLY, UM, IN ANY EVENT, ANY DISCUSSION, ANY THOUGHTS ON POSSIBLE BUDGET RECOMMENDATIONS? UM, WE'LL KICK IT TO LYNN REAL QUICK TO KIND OF DESCRIBE WHAT THE TIMELINE AND THE PROCESS LOOKS LIKE, BUT THEN THE FLOOR IS OPEN TO TALK ABOUT BUDGET IDEAS.
SO, UM, THE FINANCE DEPARTMENT SENT AN EMAIL TO ALL BOARD AND COMMISSION MEMBERS, UM, THAT THE RECOMMENDED DEADLINE, UM, IS MARCH 31ST.
SO THAT DEPARTMENTS YOUR DEPARTMENT WHO HAS LIAISONS THAT SUPPORT YOU AS THE LAW DEPARTMENT.
SO IF YOU WANTED TO REQUEST FROM COUNCIL THAT YOU HAVE BUDGET FUNDS TO DO CERTAIN THINGS FOR THE COMMISSION THAT WOULD GET THE LAW DEPARTMENT TIME TO ADD IT IN IT'S BUDGET REQUEST THAT GOES TO THE CITY MANAGER'S OFFICE AND THEN GOES TO COUNCIL.
UM, UH, ANOTHER ITEM THAT Y'ALL HAVE DISCUSSED IN THE PAST HAS BEEN, DID YOU WANT TO TRY TO ADVERTISE FOR CANDIDATE FORUMS, UM, IN SAY THE AUSTIN CHRONICLE OR THE AUSTIN AMERICAN STATESMAN? UM, I HAVE SOME PRICES.
I DON'T KNOW HOW HELPFUL THAT WILL BE, UM, YOU KNOW, IN THIS TYPE OF FORUM, BUT I CAN JUST KINDA KIND OF BALLPARK SOME INFORMATION FOR YOU.
UM, IF YOU WANTED TO TRY THAT WE WOULD, BECAUSE THE ACTUAL CANDIDATE FORUMS BREAK BETWEEN LAST YEAR'S BUDGET AND NEXT YEAR'S BUDGET, WE WOULD ALSO BE ASKING FOR KIND OF AN EMERGENCY BUDGET APPROPRIATION FOR THIS YEAR TO APPLY BECAUSE YOU'D WANT IT TO BE FAIR AND APPLY, NOT JUST TO THE CANDIDATES WHOSE HAND IT FORUMS OCCUR OCTOBER ONE, ONWARD THAT, BUT IT WOULD ALSO APPLY TO THIS FISCAL YEAR.
IF YOU WANTED TO ASK FOR SOME, SOME AMOUNT IN THE BUDGET TO GIVE YOU SOME, UM, DISCRETION.
I HAVE NO IDEA WHAT IT WOULD COST TO HIRE AN OMBUDS
[01:50:01]
PERSON.UM, I, YOU KNOW, AS WE DISCUSSED BEFORE, THAT WOULD NEED TO BE SOMETHING I THINK, SEPARATE AND APART FROM THE LAW DEPARTMENT, BECAUSE WE PROVIDED ADVICE UNDER THE CITY CHARTER, UM, AND THE CITY CODE TO COUNCIL AND CITY OFFICIALS, NOT TO PEOPLE OUTSIDE, BUT OF COURSE THERE ARE STATE SITUATIONS IN WHICH THERE'S A PUBLIC OFFICE OF PUBLIC INSURANCE COUNCIL THAT HAS A SEPARATE OFFICE THAT CONSUMERS CAN FILE COMPLAINTS WITH.
THEY CAN REPRESENT THE COMMISSION.
WE DON'T HAVE THAT TYPE OF SITUATION AT THE CITY, BUT, UM, THAT'S A SIMILAR TYPE OF EXAMPLE, I GUESS, THAT YOU COULD USE.
UH, I SAW COMMISSIONER MCCORMICK'S HAND.
I DEFINITELY HAVE A QUESTION THAT WILL POSE TO YOU.
AND THEN, UH, COMMISSIONER GREENBERG, WOULD THERE BE COMMISSIONER LAURIE? SO I WAS GOING TO ASK COMMISSIONER MCCORMICK JUST ABOUT THE ATTENDANCE, UH, CANDIDATE FORUMS, GENERALLY, LIKE, UH, HOW PACKED ARE THE ROOMS? CAUSE YOU'VE BEEN TO THAT.
IT DEPENDS ON HOW MANY CANDIDATES ARE AND ARE RUNNING FOR A SPECIFIC COUNCIL.
SEE, WE'VE HAD AS MANY AS 12, I THINK.
AND ONE OF THEM OUT WHEN WE HEADED AT MONTOPOLIS.
AND SOMETIMES YOU DON'T HAVE MANY, IT DEPENDS ON WHAT THE COMPETITION IS FOR BETWEEN THE CANDIDATES.
BUT AS FAR AS PUBLICITY, THE SCHEDULE IS IN THE ELECTRIC BILL, BUT IT WOULD NEED TO, BECAUSE TO GO WITH THE CHRONICLE OR THE STATESMAN, A LOT OF PEOPLE DON'T EVEN READ THE STATEMENT.
THEY MAY REVISIT IT ONLINE BECAUSE IT'S SO EXPENSIVE AND THE CHRONICLE, IT JUST DEPENDS ON WHO PICKS IT UP.
SO I THINK THAT'S A BIG WASTE OF MONEY.
SO IT'S IN THEM, IT'S AN ELECTRIC BILL.
WE CAN DO EMAILS OR SOMETHING, BUT WE DON'T NEED TO SPEND MONEY ON THIS.
AND SOMETIME THE CANDIDATE FORUMS GET A LITTLE HAIRY WITH, UH, I BELIEVE IT, I'VE ONLY SEEN ROD GAS.
I'VE NEVER NOT BEEN IN PERSON, NO FIST FIGHTS, BUT ALMOST WELL, GOD WILLING, THAT CONTINUES.
UM, NOT THE LACK OF FISTFIGHTS SPECIFICALLY.
UM, MAYBE I'M JUST MISREMEMBERING, BUT I FEEL LIKE I'VE HEARD ADVERTISEMENTS FOR THE FORUMS ON THE RADIO.
I DON'T KNOW IF THOSE ARE PAID FOR, BY THE LEAGUE OF WOMEN VOTERS OR THEY'RE FREE.
I HAVE HEARD THEM ON SOMETIMES, BUT IT'S NOT BECAUSE WE PAID FOR THEM.
IT'S BECAUSE THE PUBLIC COMMUNICATIONS OFFICE ISSUED A PRESS RELEASE AND IT WAS PICKED UP AND REPORTED ON.
SO, UM, I KNOW, YOU KNOW, KUT DEFINITELY ANNOUNCED THE CANDIDATE FORUMS LAST YEAR.
AND FOR EXAMPLE, IN JANUARY, WHEN WE HAD THE, UM, DISTRICT FOR DISTRICT FOUR FORUM.
AND SO I WOULD SAY WE DON'T NEED TO SPEND MONEY.
I KIND OF AGREE, BUT I'M THE OMBUDS PERSON.
I THOUGHT WE HAD TALKED ABOUT AN OMBUDS PERSON TO HELP PEOPLE FILING COMPLAINTS.
WE'RE NOT TALKING ABOUT AN OMBUDS PERSON TO HELP PEOPLE FILE CAMPAIGN FINANCE FORMS, OR I THINK THAT'D BE A MISTAKE BECAUSE IF WE SOMEHOW GIVE IT, THAT'S ALWAYS THE PROBLEM.
IF WE GIVE ADVICE AND THEN IT DOESN'T WORK WELL WHERE TO BLAME OR THEY HAVE CAMPAIGN MANAGERS, THEY HAVE CAMPAIGN MANAGERS.
I MEAN, WHEN PEOPLE CALL AND ASK QUESTIONS, THEY'RE LIKE, YOU CAN SEEK YOUR OWN ADVISOR.
LYNN CARTER FOR THE LAW DEPARTMENT, I DON'T THINK THERE WAS EVER A SUGGESTION THAT WE HELP CANDIDATES THERE'LL BE ADVICE TO CANDIDATES ABOUT HOW TO FILE FORMS. IT WAS, I THINK WHAT WAS DISCUSSED WAS TO HELP SOMEBODY FILE A COMPLAINT, UNDERSTAND HOW TO COME FORWARD WITH THE IT'S KIND OF A FUNNY THING, CAUSE YOU MIGHT NOT NEED THEM FOR SIX MONTHS AND THEN THERE MIGHT BE SUDDENLY THREE COMPLAINTS IN THE SAME MONTH.
SO I DON'T KNOW HOW YOU HIRE AN EMPLOYEE TO DO THAT JOB, WHICH IS POTENTIALLY NOT EVEN NEEDED FOR A WHOLE YEAR.
[01:55:01]
ONE QUESTION THAT I HAD, UH, AS WELL WAS MAYBE I'M JUST NOT, UH, AN AVID ENOUGH READER OF THE HARD COPY OF THE STATESMAN, UM, OR THE CHRONICLE, UH, IN HARD COPY, BUT I HAVE TO IMAGINE THAT THEY TAKE IT UPON THEMSELVES TO PUBLISH, UH, WHEN CANADA FORUMS ARE HAPPENING, WHEN IT'S ELECTION TIME, DOES ANYONE JUST HAPPEN TO KNOW ANECDOTALLY YES, YES THEY DO.BECAUSE THEY'RE THE ONLY CONCERN.
I MEAN, I THINK, UH, JUST KIND OF I'LL PUT THE CART BEFORE THE HORSE AND SAY THAT I DON'T THINK WE'RE NECESSARILY READY TONIGHT TO MAKE ANY BUDGET RECOMMENDATIONS.
I'M GLAD WE'RE KIND OF BRAINSTORMING AND TALKING ABOUT IT AS A THING WE COULD DO AS A COMMISSION IN THE FUTURE.
UM, BUT THE ONLY CONCERN I HAVE WITH RELYING EXCLUSIVELY ON AUSTIN ENERGY BILLS AS A WAY TO BROADCAST CANDIDATE FORUM INFORMATION, HAVING BEEN, HAVING BEEN A RENTER IN AUSTIN FOR A VERY LONG TIME.
UM, SOMETIMES MY UTILITY BILL IS NOT MINE.
IT IS WRAPPED INTO A MONTHLY LUMP SUM PAYMENT THAT I PAID IN MY LANDLORD.
SO RENTERS MAY NOT BE GETTING THEIR AUSTIN ENERGY BILLS TO SEE THE CANDIDATE FORUM INFORMATION.
UM, BUT AGAIN, LIKE IT, THERE ARE, THERE ARE, IT'S A MULTIMEDIA, UH, EFFORT, LEGAL WOMEN, VOTERS WILL, UH, TALK ABOUT IT PUBLICLY AND OTHER FORA AND MEDIA.
AND THEN PEOPLE PICK UP ON THE OFFICIAL PRESS RELEASES AT THE CITY.
I'M NOT NECESSARILY WORRIED ABOUT IT NOW.
AND IF PEOPLE ARE INTERESTED IN CANDIDATES, THEY'RE GOING TO BE RIGHT THERE.
WHICH IS WHY I WANTED TO KNOW WHAT THE ATTENDANCE WAS LIKE.
UM, DO WE HAVE ANY FUNDS THAT ARE ALLOCATED TO US CURRENTLY? NO.
AND THEN WHO PAYS FOR OUTSIDE OR HOW, YEAH.
HOW HAS OUTSIDE COUNSEL PAID? SO OUTSIDE COUNSEL, UM, IS PAID FOR BY THE CITY.
THE CITY ATTORNEY HAS A RIGHT TO HIRE OUTSIDE COUNSEL UP TO A CERTAIN AMOUNT.
IF OUTSIDE COUNCIL'S BUDGET GETS ABOVE THE CITY MANAGER'S AUTHORITY, THEN IT GOES TO COUNCIL AND COUNCIL WOULD NOT, IS BASICALLY AUTHORIZING THAT WE GO ABOVE X AMOUNT.
THIS IS AN OUTSIDE COUNSEL THAT ADVISES THE, UM, ETHICS REVIEW COMMISSION.
SO THEY DON'T HAVE ANY SELECTION.
UM, IT'S JUST AUTHORIZING THE FUNDING.
SO IT'S TREATED THE SAME AS ANY TIME WE HIRE OUTSIDE COUNSEL, THE CITY ATTORNEY HAS TO AUTHORIZE IT.
UM, AND THEN, UM, IF IT GOES OVER THE CITY ATTORNEY'S AUTHORIZATION, THEN THE CITY MANAGER.
AND IF IT GOES OVER THE CITY MANAGER'S AUTHORIZATION COUNCIL HAS TO AGREE TO THAT AMOUNT.
AND I DON'T KNOW THAT WE'VE EVER, IF WE'VE HAD TO DO IT IN RECENT HISTORY, IT WOULD HAVE BEEN AUSTIN CAPLIN BECAUSE HE ADVISED ON A NUMBER OF, UM, COMPLAINTS, COMMISSIONER, LARA, DID YOU HAVE SOMETHING ELSE? OKAY.
SO I WANT TO GO BACK TO THE RENTER ISSUE.
TO ME THAT'S PRETTY PROBLEMATIC BECAUSE THAT'S POTENTIALLY TENS OF THOUSANDS OF PEOPLE, UM, IN THE CITY.
AND I GUESS I DON'T KNOW WHAT THE SOLUTION IS TO GET THAT HARD COPY INFORMATION TO RENTERS.
UM, BUT I WOULD LIKE PERHAPS THE S THE, THE CITY CLERK COULD EXPLORE THAT.
OR JUST LOOK AT THAT A LITTLE FURTHER.
I WAS JUST GOING TO, UM, I HAVE TWO THINGS.
ONE IS I DON'T, I'M NOT A RENTER, I'M AN OWNER AND I NEVER, UM, MINE'S AUTOMATICALLY DRAFTED, SO I DON'T EVEN GET A BILL.
SO JUST TO KIND OF, UM, GIVE ANOTHER COMMENT ABOUT THAT, BUT ABOUT FUNDING WE HAVE IN OUR SPECIAL GROUP, TALKED ABOUT POSSIBLY CREATING A GUIDE OR SOME STRETCH INSTRUCTIONS FOR PEOPLE THAT SUBMIT COMPLAINTS.
AND I'M WONDERING IF IT WOULD BE A GOOD IDEA, IF, OR DO WE HAVE FUNDS AVAILABLE OR RESOURCES TO GET A GRAPHIC DESIGNER TO ASSIST WITH SOME OF THAT? UM, THAT'S ONE AND THE OTHER IS TRAINING.
I KNOW WE TALKED ABOUT TRAINING AS WELL.
I'M NOT SURE IF THAT'S SOMETHING THAT FUNDING WOULD COME THROUGH THE CITY OR IS THAT SOMETHING THAT WE WOULD NEED TO REQUEST FUNDING FOR AS WELL? I'M SORT OF GRAY QUESTIONS.
SO THE, UM, GRAPHIC DESIGNER TO ASSIST, I HAVE NO IDEA WHETHER THE CITY HAS, I WOULDN'T, I WOULD HAVE
[02:00:01]
TO RESEARCH THAT QUESTION.AND I, I DON'T WANT TO SUGGEST THAT IF YOU DON'T VOTE ON A REQUEST FOR BUDGET FUNDS TO TONIGHT THAT YOU MISS YOUR OPPORTUNITY, YOU CAN MAKE A REQUEST LATER.
IT'S JUST THAT THE FINANCE DEPARTMENT RECOMMENDS THAT IT HAPPENED EARLIER RATHER THAN LATER IN THE PROCESS, UM, SO THAT THE LAW DEPARTMENT CAN ANTICIPATE IT AND RESPOND TO IT.
UM, SO I DON'T HAVE GRAPHIC DESIGNER TO ASSIST, YOU KNOW, I'D HAVE TO CHECK INTO THAT.
UM, IN TERMS OF, YOU KNOW, ANYTHING THAT GOES ON A WEBSITE, WE PROVIDE SUPPORT FOR YOU.
I DON'T, YOU KNOW, IN TERMS OF THE LOOK OF IT, WE ALL COMMISSIONS ARE TREATED THE SAME AND THE CITY CLERK'S OFFICE MANAGES COMMISSION WEBSITES.
AND SO WE POST ADDITIONAL INFORMATION ON THE CITY.
CLERKS OFFICE ALSO HAS A WEBSITE, OR I'M SORRY, THE PUBLIC INFORMATION OFFICE HAS A WEBSITE SPECIFICALLY FOR CANDIDATE FORUMS. SO IF SOMEONE GOOGLES CITY OF AUSTIN COUNCIL CANDIDATE FORUMS, IT WILL GO TO THAT WEBSITE THAT HAS INFORMATION ON THE, WHEN THE LEAGUE OF WOMEN VOTERS, MODERATED FORUMS TAKE PLACE, THAT THERE IS THE FIVE MINUTE STATEMENT AVAILABLE ON ATX IN, AND, UM, THAT THE LEAGUE OF WOMEN VOTERS QUESTIONNAIRE, IT'S ALSO AVAILABLE AT ALL THE LIBRARIES IN TOWN, UM, IN ADDITION TO BEING ON THE CITY WEBSITE AND THE LIBRARY WEBSITE.
UM, SO IN TERMS OF TRAINING, UM, THE LAW DEPARTMENT, UM, WILL PROVIDE TRAINING.
SO THERE HAS BEEN SOME QUESTIONS ABOUT TIMING, UM, BECAUSE I HAVE SOME CONCERN ABOUT PROVIDING TRAINING WHILE YOU HAVE A COMPLAINT PENDING ABOUT WHETHER IT'S APPROPRIATE TO, UM, UH, IN MY OPINION, THE ETHICS, UH, ANY TRAINING THAT I WOULD PROVIDE ON CHAPTER TWO SEVEN SHOULD BE ATTORNEY CLIENT PRIVILEGE.
UM, IF YOU WANT, I COULD LOOK INTO PUTTING THAT, UH, INTO A RECORDED PRESENTATION THAT YOU COULD ACCESS MY CONCERN ABOUT PROVIDING IT, YOU KNOW, THREE OF YOU AT A TIME IS I DON'T WANT IT TO LOOK LIKE I'M TRYING TO INFLUENCE YOUR POSITION ON ANY PARTICULAR PENDING COMPLAINT, UM, ON THE COMPLAINTS THAT WOULD PROVIDE, APPLY UNDER CHAPTER TWO TO THE, UH, CAMPAIGN FINANCE PROVISIONS OF THE CITY CODE.
I'VE ASKED MY SUPERVISOR TO, YOU KNOW, PUT TOGETHER A PRESENTATION ON THAT.
SHE'S AN ELECTIONS ATTORNEY, AND I FEEL LIKE SHE'S MORE QUALIFIED TO DO THAT.
UM, I WILL TELL YOU THAT, UM, AS YOU PROBABLY ARE AWARE, WHEN I ADVISE YOU ON CHAPTER TWO DASH TWO, I ADVISE YOU ON WHAT THE CITY CODE SAYS AND WHATEVER APPLICABLE LAW THERE MIGHT BE.
UM, IF THEY'RE STATE LAW THAT'S CONTRARY, OR, YOU KNOW, WHAT, IF THERE IS CASE LAW ON A SIMILAR STATE LAW PROVISION, WHAT THAT SAYS, BUT, UM, I, YOU KNOW, THERE IS A LIMIT TO MY ABILITY TO TRAIN YOU ON ANY POTENTIAL ISSUE THAT MIGHT COME UP WITH CAMPAIGN FINANCE.
UM, IN TERMS OF CHAPTER TWO DASH SEVEN, THAT'S EASIER.
UM, BECAUSE WE PROVIDE A TRAINING TO, UM, EXECUTIVES ON, UM, YOU KNOW, THEIR OVERALL ETHICS, UH, RESPONSIBILITIES.
I DON'T THINK YOU NEED A BUDGET FOR TRAINING, UM, GRAPHIC DESIGNER, NOT SURE HOW TO RESPOND TO THAT.
UM, IN TERMS OF GUIDES OR INSTRUCTIONS, WE'RE, YOU HAVE LAW DEPARTMENT STAFF TO ASSIST WITH, WITH THAT EXCEPT FOR ANY GRAPHIC DESIGN YOU WANT.
SO, UM, I THINK, UH, MY, UH, REAL QUICK, ANY OTHER COMMENTS OR QUESTIONS, CAUSE I WAS GOING TO KIND OF WRAP IT UP WITH WHAT I THOUGHT WERE LIKE SOME TAKEAWAYS, UM, A, I DON'T THINK THAT WE'RE READY TO MAKE ANY BUDGET BUDGET RECOMMENDATIONS TONIGHT.
UH, B IF I COULD, UH, RESPECTFULLY ASK THE WORKING GROUP ON EQUITY, UH, UH, TO KIND OF ADD TO THEIR TO-DO LIST, THINKING ABOUT THE RENTERS, UM, AND HOW THEY GET THIS KIND OF INFORMATION.
UM, AND THEN SEPARATELY LYNN, IF YOU COULD SEE, UH, JUST, YOU KNOW, I THINK IT'S ENTIRELY POSSIBLE THAT THE CITY HAS
[02:05:01]
SOME KIND OF GRAPHIC DESIGN CAPACITY ITSELF, OR MAYBE POTENTIALLY SOME GRAPHIC DESIGNER ON RETAINER, UM, JUST TO SEE WHAT, WHAT THAT WOULD LOOK LIKE.SO FOR FUTURE REFERENCE, ANY OTHER DISCUSSION COMMENTS, QUESTIONS ON BUDGET RECOMMENDATIONS OR PROCESS, THANK YOU.
UM, TO OLD BUSINESS, WE GOT, UH, I'M NOT GOING TO READ EVERYTHING THAT WE HAVE UNDER OLD BUSINESS, BECAUSE IT'S A LOT, UM, IT'S THE WORKING GROUPS MOSTLY THAT WE HAVE BEEN DOING.
UM, THE THINGS THAT I'LL HIGHLIGHT FOR SPECIFIC DISCUSSION, UM, UH, I'LL KIND OF TAKE IT A LITTLE BIT OUT OF ORDER.
I'M GOING TO DO A FOUR B FIRST.
SO THE STATEMENT, UM, AND NEED FOR
[4.b. Statement and/or Video of What the Commission Does & How the Public can use the Commission and Statement on Equity, Access, and the Need for Reform by the Working Group on Race, Identity, and Equity ]
A FORM BY RATHER THE STATEMENT BY THE WORKING GROUP ON RACE, IDENTITY AND EQUITY.I DON'T THINK I'M TAKING THAT COMPLETELY OUT OF ORDER.
THERE'S A, UM, THERE'S A STATEMENT AND RESOLUTION THAT WE, THAT WAS CIRCULATED AND I'M THROWING IT UNDER THIS ITEM AS OPPOSED TO THE WORKING GROUP ITEM, BUT I'M GOING TO KICK IT TO COMMISSIONER LAURIE.
SO THIS IS SORT OF LONG DELAYED AND THROUGH A GAME OF TELEPHONE BECAUSE I WAS OUT FOR A WHILE, BUT, UM, WE HAD TALKED ABOUT DRAFTING THE STATEMENT REGARDING EQUITY INCLUSION, ACCESS, UM, AND REAFFIRMING OUR DESIRE TO LOOK AT OURSELVES AND MAKE SURE WE, AS A COMMISSION ARE, UH, ENHANCING OUR ACCESSIBILITY, UM, AND EQUITY.
AND IN PARTICULAR, I THINK COMING OUT OF, UH, THE RACIAL JUSTICE MOVEMENT, UM, AND, UH, POLICE BRUTALITY INSTANCES THAT HAVE, AND I THINK IT'S BEEN LIKE OVER A YEAR NOW THAT WE FIRST TALKED ABOUT THIS.
UM, AND SO A DRAFT STATEMENT HAD BEEN PRESENTED, UM, SOME MONTHS AGO, COMMISSIONERS GAVE THEIR FEEDBACK.
I WAS GIVEN THE FEEDBACK WE REDRAFTED.
UM, SO STEPPING BACK, UH, WE HAD TALKED ABOUT SORT OF TWO PIECES, A BROAD STATEMENT, UM, AFFIRMING OUR COMMITMENT TO SORT OF LOOKING AT OURSELVES AND ENHANCING ACCESSIBILITY AND EQUITY.
AND THEN ALSO IN PURSUIT OF THAT, CREATING SOME SORT OF, YOU KNOW, EITHER DOCUMENT OR CONTENT ON OUR WEBSITE THAT EXPLAINS TO PEOPLE HOW THEY CAN USE US AND MAKE SURE WE GIVE THEM THE TOOLS TO DO SO.
UM, IF THEY'RE NOT AS FAMILIAR WITH THE PROCESSES AND, YOU KNOW, AREN'T, YOU KNOW, AS IN THE KNOW, WHEN IT COMES TO LOCAL POLITICS AND THAT SORT OF THING, SO WE HAVE SEPARATED THEM OUT.
THERE IS A STATEMENT, UM, THAT IS BEFORE YOU, UH, THERE'S ALSO A RESOLUTION VERSION BECAUSE SOME COMMISSIONERS HAD MENTIONED MAYBE IT'S BETTER TO DO A RESOLUTION.
UH, IF YOU GUYS WANT TO TAKE A MINUTE TO REVIEW THEM, AND IF YOU HAVE ANY THOUGHTS TO SHARE, UM, ON WHETHER YOU WANT TO GO IN ONE DIRECTION OR ANOTHER, WHETHER YOU WANT TO JUST ISSUE A STATEMENT OR DO A PROPER RESOLUTION, IF YOU HAVE FEEDBACK, UM, AND THEN ONCE WE FIGURE OUT THE STATEMENT OR RESOLUTION, THEN WE'LL ALSO WORK ON THE PIECE OF PROVIDING, UH, INFORMATION TO CITIZENS ON HOW THEY USE US, UH, IN EFFORT TO MAKE OUR COMMITTEE OR COMMISSION MORE ACCESSIBLE.
SO IF YOU WANT TO TAKE A MINUTE AND THEN IF ANY COMMISSIONERS HAVE THOUGHTS TO SHARE SURE.
UH, COMMISSIONER GREENBERG, UM, I WOULD CHANGE THE WORD CITIZEN.
BOTH OF THESE STATEMENTS HAVE CITIZEN.
UM, YOU DON'T HAVE TO BE A CITIZEN.
I'M TRYING TO THINK OF WHAT I WOULD SAY INSTEAD OF CITIZEN, BUT COMMUNITY MEMBERS, INDIVIDUALS, LIKE WE DON'T SAY CITIZEN COMMUNICATION ANYMORE.
SO SOMETHING LIKE PUBLIC I AM IN AN AD RIGHT NOW, IF I MAY IS RELATED TO TIME AND I HAVE A TECHNICAL LEGAL ISSUE, WHICH IS, I GUESS AT 10, WE HAVE TO VOTE TO GO LATER.
AND I'M VERY NON-LEGAL ISSUE, WHICH IS I GOT PARKING ISSUE I GOT TO TAKE CARE OF BEFORE.
UM, I WAS, UH, I APPRECIATE THAT.
UM, I DON'T THINK AFTER THIS, I DON'T THINK THERE'S ANYTHING ELSE THAT IS GOING TO NEED DISCUSSION PAST 10 O'CLOCK SO WHAT TIME IS IT? IT IS 9 42.
AND THAT WOULD BE, UH, IT, IF THAT'S, IF THAT'S OKAY, I'M GOING TO, I'M GOING TO MAKE A COMMITMENT THAT I THINK WE CAN GET THROUGH THIS PRETTY QUICKLY.
[02:10:02]
SO, SO THE TWO, UH, UH, THINGS I HEARD ON THIS SPECIFIC ITEM ARE THE LANGUAGE OF STATEMENT SLASH RESOLUTION WAS, UH, AS OPPOSED TO CITIZEN FINDING A MORE NEUTRAL TERM AND UPDATING CITIZEN COMMUNICATION TO BE PUBLIC COMMUNICATIONS, SINCE THAT IS THE NAME FOR IT.NOW, IS THAT, AM I HEARING THAT RIGHT? I THINK THAT'S ALREADY, IT SAYS PUBLIC COMMUNICATION IN OUR AGENDA.
WE USED TO SAY CITIZEN COMMUNICATION, YOU DON'T HAVE TO BE A CITIZEN TO COMMUNICATE.
UM, ANY, ANY OTHER THOUGHTS, SUGGESTIONS? UM, I THINK, UH, ONE CHOICE BEFORE US IS, UH, WHETHER WE WOULD WANT TO ADOPT A STATEMENT VERSION OR A RESOLUTION VERSION OF THIS, I THINK SUBSTANTIVELY THERE, THE CONTENT IS THE SAME, RIGHT? YES.
CAN WE UNDERSTAND THING? I THINK THAT THE RESOLUTION FORMAT JUST LENDS MORE CREDIBILITY AND IT SEEMS MORE OFFICIAL.
SO I, I WOULD LEAN MORE TOWARDS A RESOLUTION.
UM, I HAVE, UH, ONE, UH, SUGGESTED INCLUSION AS WELL UNDER IF WE'RE EITHER ONE, UH, LET'S JUST GO TO THE RESOLUTION FOR REFERENCE INTO THE FIRST, BE IT RESOLVED, UM, WHERE WE'RE SAYING WE'RE GONNA WORK WITH, UM, THE CITY OF AUSTIN'S EQUITY OFFICE.
UM, I WOULD INCLUDE, UH, AS PART OF THIS SERIES, UH, COMMA, UH, THE CITY AUDITOR'S OFFICE.
UM, BECAUSE ONE QUESTION THAT I'VE HAD IS WHETHER THE CITY AUDITOR CAN KIND OF HELP US GET A SENSE OF PAST CASES, UM, AND WHO THE SUBJECTS OF COMPLAINTS HAVE BEEN HISTORICALLY.
UM, SO WORKING, NOT ONLY WITH THE EQUITY OFFICE, BUT THE AUDITOR'S OFFICE AS WELL, DO WE WANT TO BROADEN IT AND JUST NOT SPECIFYING? JUST SAY WHAT THE CITY OF AUSTIN.
THE STRIKE, THE APOSTROPHE S AND EQUITY.
I WOULD DO THAT, THAT WAY YOU ALLOW FOR INVESTIGATION OF OTHER DEPARTMENTS IF YOU NEED IT.
UM, ANY OTHER SUGGESTIONS? UM, SO CURRENTLY I HERE REPLACING CITIZEN, I DON'T KNOW WHAT WE'RE GOING TO REPLACE IT WITH.
UM, I JUST THREW THAT OUT THERE.
UM, BUT I DIDN'T HEAR IT CAN KIND OF A GENERAL, SO I SEE IN OTHER PARTS, COMMUNITY MEMBERS, DO YOU WANT TO JUST LEAVE AT, I THINK CITIZEN, I ONLY SEE CITIZEN IN ONE PLACE.
DO YOU SEE IT ANYWHERE ELSE? YEAH, IT'S UNDER THE RESOLVE.
ALSO CITIZENS, UH, SERVING ALL.
HOW ABOUT JUST AUSTIN? ALL OF AUSTIN.
SO WE'LL JUST STRIKE AFTER THE STRIKE, THE APOSTROPHE UP UNTIL THE COMMA.
AND I THINK THE FIRST
SO INDIVIDUALS IN THE FIRST LINE.
JUST GET GETTING THAT VIBE CHECK AND THEN STRIKING APOSTROPHE S CITIZENS AND UNDER THE FIRST RESOLVED AND THEN APOSTROPHE S EQUITY OFFICE LATER ON IN THAT SAME RESOLVED.
ANY, ANY OTHER THOUGHTS? UH, CHANGES.
ADDITIONS, SUBTRACTIONS REDACTIONS.
I MEAN, I GUESS I LIKED THE STATEMENT BETTER, BUT I STILL HAVE THE WHAT'S THIS FOREIGN WHOSE IT'S GOING TO GO TO QUESTION, WHICH MIGHT, UM, HELP CLARIFY WHETHER A STATEMENT OR A RESOLUTION.
I MEAN, I FEEL LIKE A RESOLUTION IF WE WERE SENDING IT TO THE COUNCIL FOR THEM TO ASK THEM TO DO SOMETHING OR SOMETHING, BUT WE'RE NOT.
SO I DON'T KNOW THAT THE RESOLUTION FORMAT FORMALIZE IT IS MAKES A LOT OF SENSE.
IF THE STATEMENT IS JUST SOMETHING WE'RE GONNA STICK ON OUR COMMISSION WEBSITE TO ME, IT'S I PREFER THE STATEMENT I'VE SEEN IN LOTS OF GOOGLE RESEARCH ABOUT OTHER THINGS.
UM, I'VE SEEN A LOT OF PLACES WHERE THE CITY AT THE CITY COUNCIL WILL ADOPT RESOLUTIONS STATING SOME, BASICALLY AN OPINION, NO ACTION, BUT JUST HERE'S WHERE WE STAND.
[02:15:01]
SO IN THAT SENSE, I, I LIKE THE RESOLUTION FORMAT BETTER, BUT I SEE YOUR POINT, UM, THAT, THAT, UH, IT JUST DEPENDS ON WHAT OUR GOAL IS WITH THIS.AND I DO KNOW THAT AT ONE TIME WE TALKED ABOUT SENDING IT TO CITY COUNCIL.
UM, AND SO IT JUST DEPENDS ON WHETHER OR NOT WE DECIDE TO DO THAT, UM, TO LET CITY COUNCIL AS WELL KNOW, AND NOT THAT THEY WOULD ACT ON IT OR ADOPT IT FOR THEMSELVES, BUT JUST TO KIND OF LET THEM KNOW, UM, WHERE WE STAND AND WHAT WE'VE BEEN WORKING ON.
COULD I JUST MAKE A POINT REAL QUICK? SO, UM, COUNCIL HAS PASSED A NUMBER OF RESOLUTIONS ABOUT, UM, RACE, IDENTITY, AND EQUITY.
SO IF YOU WANT TO MAKE A RECOMMENDATION THAT COUNCIL TAKE ACTION.
I, I WOULD ASK THAT YOU LET ME PULL ALL THE RELATED RESOLUTIONS THAT HAVE ALREADY BEEN PASSED BY COUNCIL SO THAT YOU HAVE THOSE TO, UM, EITHER REFER TO AND YOU'RE ADDING OR, UM, OR, YOU KNOW, YOU CAN DO THIS JUST AS YOUR COMMISSION AND, UM, I'LL CHECK THE CITY CLERK'S OFFICE.
CAN WE PUT IT ON THE WEBPAGE, JUST UNDER, UH, SOMETHING THAT IS TITLED BY THIS? SURE.
SO I'M INCLINED, I'LL SAY PERSONALLY, UM, I'M INCLINED, UH, TO IF, IF I WERE THE ONE CHOOSING TO GO WITH STATEMENT, UM, JUST BECAUSE I CAN'T RECALL IN OUR HISTORY AS A COMMISSION DOING A RESOLUTION WHERE WE EXPRESS OUR SENTIMENT ON SOMETHING.
AND I THINK THE RESOLUTION NORMALLY IS A LEGISLATIVE INSTRUMENT TO, YOU KNOW, UH, ACCOMPLISH SOMETHING WHERE IT SAYS LIKE, UH, YOU KNOW, THERE ARE RULES THAT SAY, LIKE THE BODY HAS ADOPTED RULES THAT SAY WE DO RESOLUTIONS AND RESOLUTIONS THAT ARE THIS KIND OF THING.
AND WE DON'T NECESSARILY HAVE THAT IN OUR RULES.
I THINK A STATEMENT ACCOMPLISHES MUCH OF THE SAME GOAL AND WE CAN REFER BACK TO IT OURSELVES.
UM, WE CAN SEND IT, UH, WHEREVER WE WANT.
UM, AND, UH, I THINK IT HAS MUCH, I THINK IT HAS THE SAME EFFECT PERSONALLY.
UM, SO AT THIS POINT, UH, IT'S A QUESTION OF RESOLUTION VERSUS STATEMENT.
UM, I THINK I'M GOING TO MAKE A MOTION, UM, THAT WE TAKE THE CHANGES THAT WE'VE DISCUSSED INDIVIDUALS, UH, CHANGING OUR APOSTROPHES, WHAT WE HAD JUST DISCUSSED, UM, INCORPORATING THAT INTO THE STATEMENT BECAUSE I'M PRETTY SURE THAT IT'S GOING TO BE, UH, IDENTICAL JUST TO DOUBLE CHECK THAT THE CITIZENS AUSTIN'S GETTING RID OF THAT AND EQUITY OFFICE THAT YES.
ANY, SO MY MOTION, IF YOU NEED, IF YOU NEED TO GO BY ALL MEANS.
YEAH, I HONESTLY, I HATE TO GO IN THE MIDDLE OF THIS.
UM, THIS IS ONE OF THE MOST HOT BUTTON ISSUES THAT ANYBODY'S FACING AND TO GIVE IT SHORT SHRIFT, I THINK IS, UM, NOT IDEAL.
UM, I DON'T THINK IT'S CLEAR TO ME WHAT WE'RE DOING HERE.
WE'RE ANNOUNCING THAT WE LIKE GOOD THINGS AND WE HATE BAD THINGS.
DO WE HAVE TO ANNOUNCE THAT? SURE.
AND, AND WE'RE FURTHER ANNOUNCING THAT WE'RE GOING TO DO THIS INVESTIGATION ABOUT WHATEVER RACISM AND IMPLICIT BIAS THAT WE'VE BEEN PARTICIPATING IN.
WELL, IF WE'RE GOING TO, IF THERE'S SOME REASON TO THINK THAT THIS BODY IS A PART OF THAT, LET'S INVESTIGATE IT.
AND THEN LET'S ANNOUNCE WHAT WE FIND, BUT TO JUST SAY, HEY, WE'RE GOING TO INVESTIGATE OURSELVES.
THAT, THAT STRIKES ME AS I'M TRYING TO LET EVERYBODY KNOW JUST HOW GOOD WE ARE AND THEN WHAT ARE WE GOING TO DO? INVESTIGATE IT AND COME BACK AND SAY, OH, IT TURNS OUT WE WERE REALLY UNBIASED AND RACIST AND NOT BIASED.
AND WE WOULD TO SAVE ME FROM HURTING MY SHOULDER.
WOULD YOU PLEASE COME PAT ME ON THE BACK? AND I, I APOLOGIZE FOR BEING, I KNOW I'M BEING A LITTLE SARCASTIC.
I DON'T THINK THAT ISSUES OF THIS WEIGHT, OR JUST KIND OF SWEPT ASIDE WITH A STATEMENT THAT SAYS, WE'RE GOING TO GO DO SOME GREAT THINGS.
IF WE'RE GOING TO DO SOME BIG INVESTIGATION, LET'S DO SOME INVESTIGATION.
AND THEN IF WE HAVE REASON TO SAY WE'RE A, WE'RE A SIGNIFICANT PLAYER IN KEEPING PEOPLE DOWN, THEN LET'S COME CLEAN WITH IT.
BUT I THINK THIS IS PREMATURE.
THE I'LL RECOGNIZE YOU ALL BRIEFLY.
UH, JUST ALSO OBSERVED THAT, UH, VERSIONS OF THIS STATEMENT HAVE COME UP, UM, FOR A VERY LONG TIME.
AND I'VE BEEN ON AGENDAS FOR A LONG TIME AND I'VE BEEN CIRCULATED FOR A LONG TIME.
AND I, I DEFINITELY UNDERSTAND THAT WHAT I'M DOING RIGHT NOW IS KIND OF LIKE I SEE THE
[02:20:01]
CLOCK AND I'M TRYING TO PUSH THINGS.UM, AND I, I DON'T WANT TO MINIMIZE THAT.
I AM KIND OF PUSHING, UH, IN TERMS OF TIME.
UM, BUT I RECOGNIZE THAT THAT SENTIMENT, UM, AND I'LL JUST KICK IT BRIEFLY TO COMMISSIONER KALE.
SO PRIOR TO OUR DEVELOPMENT OF A STATEMENT, THE GOAL, AND THIS WAS WHERE I WAS COMING FROM WAS TO MAKE COMMISSIONS MORE ACCESSIBLE TO THE PUBLIC.
UM, I WAS NOT, UM, SO I'LL BE QUICK.
I'D NEVER EVEN HEARD OF COMMISSIONS UNTIL I WAS APPOINTED TO ONE.
I DIDN'T KNOW HOW TO USE THEM, WHAT THEY WERE FOR ANYTHING LIKE THAT, OTHER THAN IN ROUGH TERMS. AND SO MY IDEA WAS, HOW DO WE MAKE THIS MORE ACCESSIBLE TO THE PUBLIC? HOW DO WE TELL THE LAY PERSON, THIS IS OUR COMMISSION, AND THIS IS WHAT WE DO.
SO THAT WAS THE ORIGINAL IDEA.
AND THEN IT KIND OF, THEN IT OVERLAPPED WITH A LOT OF THE RACIAL, RACIAL JUSTICE.
UH, WELL, IT WAS AFTER THAT, IT, IT POSTDATES THAT.
SO THEN IT DEVELOPED INTO THIS STATEMENT AND WE CAN ALWAYS PULL BACK ON THAT.
BUT THE ORIGINAL IDEA WAS TO MAKE THIS, THIS COMMISSION ACCESSIBLE TO NON-ATTORNEYS, TO PEOPLE WHO DON'T HAVE COUNCIL, UM, TO, UM, THE, YOU KNOW, PEOPLE WHO DON'T HAVE A PHONE FOR THAT MATTER.
SO, AND WHAT I NOTICED, WHAT I WAS REALLY EXCITED TO NOTICE IN THIS MONTH'S BINDER.
SO WE HAVE DEVELOPED THAT, HOW TO DOCUMENT, AND WE SORT OF PUT IT ON THE BURNER BEHIND THE STATEMENT, BUT THIS MONTH'S BINDER HAS A WONDERFUL BROCHURE THAT WE COULD ADAPT, UM, FOR OUR OWN PURPOSES FOR HOW TO USE THE ETHICS COMMISSION.
SO THAT WAS REALLY THE ORIGINAL IDEA.
SO, UM, SO THE FRONT OF THIS, UM, SO YOU'RE, THAT'S TOTALLY FINE.
NO, I THINK, UM, WELL I THINK WE WOULD LIKELY HAVE TO JUST SO WE DON'T, WELL, WE'RE, WE'RE ABOUT TO GO PAST 10.
UM, SO WE WOULD HAVE TO LET'S LET'S MAKE THE VOTE.
WHAT I WAS GOING TO SAY THOUGH, IS I PERSONALLY DON'T THINK THAT WE'RE NECESSARILY READY TO VOTE ON THIS STATEMENT QUITE YET.
UM, GIVEN WHAT WE'VE HEARD TONIGHT, SO THAT'S TOTALLY FINE.
WE'LL VOTE TO MOVE PAST 10, JUST TO TAKE CARE OF THE REST OF THE AGENDA, WHICH SHOULDN'T TAKE MORE THAN IT'S MEDICINE STUFF.
SO BY ALL MEANS YOU CAN EXCUSE YOURSELF.
THANK YOU FOR YOUR CONTRIBUTION AND YOUR COMMENTS.
UM, COMMISSIONER, LET ME REAL QUICK DO THE BOAT TO GO PAST 10.
WE EXTEND THE MEETING VERY BRIEFLY PAST 10 O'CLOCK, BUT NONETHELESS PAST 10 O'CLOCK THANK YOU FOR THE SECOND.
I'M GOING TO DO A REAL QUICK, UM, YEAH.
UH, I WILL DO A COUNT OF HANDS.
THAT WILL BE MY VOTE TALLYING METHOD.
SO I SEE HANDS, WE ARE VOTING TO GO PAST 10 O'CLOCK WITH MY IMPLICIT PROMISE THAT THIS IS A VERY QUICK 10 O'CLOCK.
UM, SO RAISE YOUR HANDS IF YOU VOTE.
THE CHAIR, VICE CHAIR, KALE COMMISSIONER STANTON, COMMISSIONER WILLIAMS, COMMISSIONER, LAURIE COMMISSIONER MCCORMICK, COMMISSIONER GREENBERG, COMMISSIONER TENDER.
MOVING RIGHT ALONG IF WE CAN STILL MAKE IT BEFORE 10 O'CLOCK.
I DON'T SEE, THIS IS JUST A LITTLE SAFETY NET.
I DON'T SEE ANYTHING ELSE, PARTICULARLY GLARING ON THE AGENDA THAT NEEDS OUR DISCUSSION, BUT AGAIN, OUR AGENDA IS, UH, PURPOSEFULLY WORDY AND LONG, SO THAT IF THERE'S SOMETHING THAT A WORKING GROUP REALLY WANTS TO DISCUSS, OR LIKE, IT'S SOMETHING THAT WE WANT TO DISCUSS, THAT'S RELEVANT TO THE WORK OF THE WORKING GROUPS.
WE CAN DISCUSS IT HERE IN OPEN MEETING WHEN WE'RE ALL TOGETHER.
CONVENIENTLY E I'LL GO COMMISSIONER MUELLER THEN STANTON.
UM, I KNOW COMMISSIONER LEVIN'S IS NOT HERE, BUT I STILL WANT TO RESPOND TO HIS COMMENTS FOR THE BENEFIT OF THE PUBLIC.
UM, THERE WAS AN IMPLICATION THAT THIS EFFORT IS VIRTUE SIGNALING, AND I JUST WANT TO MAKE IT CLEAR THAT THAT'S NOT WHAT IT IS AT LEAST FOR THE MEMBERS WHO HAVE BEEN ON THE WORKING GROUP.
THERE ARE REASONS FOR THAT, BUT, UH, THIS HAS BEEN AN IMPORTANT DISCUSSION.
THAT MEANS A LOT TO A LOT OF US.
UM, WHETHER IT'S COMING FROM CONCERNS ABOUT SOCIOECONOMIC DIVERSITY, UM, ACCESSIBILITY FOR PEOPLE WHO ARE OTHERLY ABLED, UH, MARGINALIZED MEMBERS OF THIS COMMUNITY WHO ARE MARGINALIZED BECAUSE OF THEIR RACE, RELIGION, OR OTHER REASONS.
UM, AND BECAUSE COMMISSIONER LEVIN'S IS NEWER TO THE COMMISSION, HE MIGHT NOT BE FAMILIAR WITH WHAT HAS TRANSPIRED IN THE PAST AND WHAT HAS GIVEN RISE TO THESE EFFORTS.
UM, SO I JUST WANT TO BE CLEAR THAT AT LEAST FOR ME AS A COMMISSIONER, THIS IS NOT VIRTUE SIGNALING.
[02:25:01]
IT IS FRUSTRATINGLY SLOW, THE PROCESS.UM, BUT ALSO WE HAVE DONE, UH, THE ORIGINAL MEMBERS OF THE WORKING GROUP.
WE DID AN IMPLICIT BIAS TRAINING.
THAT WAS ACTUALLY VERY HELPFUL.
I THINK THAT MIGHT'VE BEEN BEFORE THE PANDEMIC.
I CAN'T REMEMBER, OR MAYBE LIKE RIGHT AT THE BEGINNING, IT WAS OVER ZOOM.
SO I THINK IT WAS A FEW MONTHS INTO THE PANDEMIC.
BUT SO THING, WE HAVEN'T BEEN ABLE TO FIGURE IT OUT OUT IS HOW TO GET ALL THE COMMISSIONERS INVOLVED IN THAT.
BUT THAT'S SOMETHING THAT WE'RE LOOKING AT.
UM, AND THEN COMMISSIONER KALE HAS BEEN WORKING ON SORT OF AN ACCESSIBILITY DOCUMENT.
UM, AND THERE'S OBVIOUSLY A LOT OF WORK TO DO, BUT BY NO MEANS, IS THIS SOME SORT OF EMPTY GESTURE TO BRUSH THINGS UNDER THE RUG? IN FACT, IT'S THE OPPOSITE AS FAR AS I'M CONCERNED.
UM, AND, UM, I DON'T WANT TO DWELL ON IT TOO MUCH.
I THINK THAT, UH, WE CAN COME BACK.
I KNOW THAT THE GOAL WAS TO HAVE A STATEMENT OR SOMETHING THAT WAS UNANIMOUSLY ADOPTED BY THE COMMISSION.
UM, SO I THINK, UH, I THINK I'M, I THINK I'M STILL TECHNICALLY PART OF THE WORKING GROUP ON, UH, RACE AND EQUITY.
SO I'M HAPPY TO BE A PART OF THE CONVERSATION.
UM, BUT I THINK A GOOD GOAL WOULD BE FOR OUR NEXT MEETING TO, UH, IN ADVANCE CIRCULATE A NEW DOCUMENT THAT WE THINK MIGHT, UM, TOUCH ON SOME OF THE COMMENTS THAT WE'VE HEARD TONIGHT TO KIND OF MAKE MORE EXPLICITLY CLEAR WHAT OUR STAKE IS IN THE CONVERSATION AND WHY WE'RE DOING IT.
AND BECAUSE THIS HAS TAKEN A LONG TIME, IF THE, YOU KNOW, THE WILL IS NOT THERE TO PASS A STATEMENT OR A RESOLUTION, EVEN IT'S, THAT'S NOT AS IMPORTANT, YOU KNOW, THERE ARE OTHER ASPECTS OF THIS THAT WE CAN WORK AROUND.
IF THERE'S MORE SORT OF, UM, CONSENSUS ON DOING OTHER WORK, WE CAN DO THAT TOO.
I JUST KNOW I'M COMING FROM MY PERSONAL EXPERIENCE OF HOW THE PUBLIC INTERFACES WITH COMMISSIONS AND THAT WAS THE ORIGINAL GOAL WAS TO MAKE THAT A MUCH MORE PUBLIC FACING PUBLIC FRIENDLY PROCESS.
WELL TAKEN, UM, COMMISSIONER STANTON, I THINK YOU'VE ANSWERED THIS CHAIR, BUT I JUST WANTED TO MAKE SURE WE UNDERSTAND THAT IT'S KNOWN WHAT IS THE NEXT STEP? I DIDN'T FEEL LIKE THIS TOPIC WAS CLOSED OUT FOR THIS EVENING.
UM, I WILL SAY THAT IT FELT VERY RUSHED, SO I'M GLAD THAT WE ARE, IT IS IMPORTANT.
SO I WANT TO TAKE THE TIME TO REALLY TALK THIS THROUGH AND, AND DO IT JUSTICE BY REVIEWING IT.
HAT AND HALF THE TIME I WAS, UH, THE, THE RUSH WAS IN PART, A FACTOR OF I'M TRYING TO BE, UH, RESPECTFUL OF ALL OF OUR TIME CITY STAFF TIME.
UM, IN THE FACT THAT THIS HAS BEEN A MULTI-YEAR DEVELOPMENT AT THIS POINT OF, UH, I CAN, I'M PRETTY CONFIDENT IN SAYING THAT, UH, AS FAR BACK AS 2019, I'D SEEN A DRAFT OF A STATEMENT AT SOME POINT.
SO IT'S BEEN, IT'S BEEN A LONG TIME AND I, I WILL ACKNOWLEDGE, I REALLY SHOULD HAVE BEEN MORE MINDFUL THAT IN THIS MOMENT, THIS NIGHT I WAS PROBABLY GOING A LITTLE FAST FOR SOMETHING THAT DESERVES MORE OPEN, DELIBERATE ATTENTION, ATTENTION.
UM, IS THERE, UH, IN THE INTEREST OF MOVING THINGS ALONG, I SEE THAT IT IS 10 0 1, SO I'VE FAILED ON KEEPING US HERE, UM, OR AT LEAST GETTING US OUT OF HERE BEFORE 10 O'CLOCK.
I WANT TO JUST OPEN THE FLOOR IF THERE'S ANY OTHER WORKING GROUP RELATED ITEMS THAT COMMISSIONERS WOULD WANT TO DISCUSS OR CONTINUE DISCUSSING THE, UH, RACE AND EQUITY WORKING GROUP ISSUES BEFORE I MOVED TO THE MINUTES.
SO YOU COMMISSIONER GREENBERG, GO AHEAD.
I DON'T REALLY WANT TO DISCUSS IT TONIGHT, BUT I WANT TO KNOW WHETHER PEOPLE WOULD WANT TO DISCUSS IT IN THE FUTURE.
UM, I THINK, YOU KNOW, THE IMPORTANCE OF UNDERSTANDING WHAT OUR DECISION MAKERS WHO MAKE LAND USE DECISIONS OWN IS REALLY IMPORTANT.
AND THE FINANCIAL DISCLOSURE FORM HAS YOU CAN HAVE PARTICIPATE IN AN ENTITY AND WE NEVER KNOW WHAT PROPERTIES ARE PROVIDING THAT INCOME THAT, UH, SOMEONE MAY BE, UM, REPORTING.
AND WE NEVER KNOW REALLY WHAT, WHAT IS THEIR INVOLVEMENT.
UM, AND I THINK WE COULD MAKE THAT FORM REQUIRE ADDRESSES TO BE LISTED, UM, WHEN THERE'S AN INTEREST IN REAL ESTATE, BECAUSE I MEAN, THE COUNCIL AND SOME OTHER COMMISSIONS ARE, ARE MAKING LAND USE DECISIONS.
AND I THINK THERE SHOULD BE MORE TRANSPARENCY THAN WHAT THAT FORM PROVIDES, BUT I DON'T WANT TO,
[02:30:01]
I'VE SUGGESTED CHANGES TO FORM.AND I ONLY WANT TO DO THAT IF THERE'S REALLY KIND OF GENERAL INTEREST ON THE COMMISSION OF TRYING TO GET MORE TRANSPARENCY ABOUT WHAT DECISION-MAKERS ACTUALLY OWN OR HAVE AN INTEREST IN.
I, SO I HEAR THAT, UM, UH, UH, I'M, I'M HAPPY TO TAKE OTHER COMMENTS ON THAT TOPIC IF ANYONE HAS THEM, WHAT I WAS GOING TO SAY, UH, IS THAT THE OTHER WORKING GROUP THAT I'M ON WITH YOU AND COMMISSIONER STANTON AND COMMISSIONER TENANT YUCA, THAT'S WHAT I'M TALKING ABOUT.
UM, THAT IS WE DO THAT JURORS, THE WORKING GROUP IS KIND OF SET UP JURISDICTIONALLY WHERE WE COULD TALK ABOUT SOMETHING LIKE THAT.
IN ADDITION TO TWO DASH SEVEN, IT WOULD BE HELPFUL TO KNOW IF THERE'S AN GENERAL INTEREST IN MAKING CHANGES TO THAT FORM FROM THE REST OF THE COMMISSION.
UH, NOT KNOWING ENOUGH ABOUT IT RIGHT NOW.
UH, I CAN SAY THAT I'M INTERESTED IN LEARNING MORE.
UM, SO IF THAT, IF THAT IS THE, SO THERE'S THE VIBE CHECK THAT YOU'RE LOOKING FOR? THAT'S THAT'S NO MATTER WHAT ANYONE ELSE, UM, YEAH, I THINK IT'S A GREAT IDEA BECAUSE, UH, SO MANY OF THESE ISSUES AFFECT EVERYTHING GOING ON IN THIS CITY RIGHT NOW, THE ISSUES OF HOUSING AND AFFORDABILITY, ALL THAT KIND OF THING.
AND SO THE MORE INFORMATION, THE BETTER, AND I WOULD ALSO LIKE TO SEE THOSE FORMS THEY'RE AVAILABLE BY PUBLIC INFORMATION REQUEST, LIKE SKIP THAT STEP AND POST THEM SOME CITIES DO COMMISSIONER REQUIREMENT.
IF YOU HAVE BEEN INVOLVED IN NEIGHBORHOOD ISSUES, AS I HAVE FOR MANY DECADES, UM, YOU WILL HAVE BEEN DOWN HERE AFTER MIDNIGHT, MANY TIMES SOMETIME TILL TWO O'CLOCK BECAUSE THE COMMISSIONS ARE, YOU CAN EITHER, SOME OF THEM ARE BROAD PAST, AND NOT ONLY ON TV, BUT IN OTHER PLACES AND JUST GET ON AND SEE WHAT OVERLAPS.
AND THERE'S A LOT OF GOING ON RIGHT NOW, AS FAR AS TRANSPORTATION.
AND WHENEVER YOU LIVE IN A NEIGHBORHOOD LIKE I DO IN ALLENDALE, THEY WANT TO DO EVERYTHING TO US.
AND SO OUR NEIGHBORHOOD IS VERY, VERY INVOLVED AND ALL KINDS OF BOARDS AND COMMISSIONS AND JUST GET ONLINE AND SEE WHAT THEIR AGENDA IS WHEN THEY MEET.
AND THEY'LL ALSO, THERE WILL BE INFORMATION.
THERE IS WHEN YOU CAN SIGN UP TO SPEAK ARE, YOU CAN SEND AN EMAIL OR YOU CAN DO SOMETHING.
YOU JUST HAVE TO MAKE AN EFFORT.
ANY OTHER, UH, COMMENTS? UM, I THINK, I THINK THAT'S A GREAT THING FOR THE WORKING GROUP TO LOOK INTO, AND I'M HAPPY TO SET UP A MEETING WITH OUR LITTLE WORKING GROUP, UH, CAUSE IT'S BEEN ON A HIATUS.
I'LL CALL IT A PATERNITY LEAVE SINCE, UH, I'LL TAKE THE BLAME FOR NOT HAVING TAKEN INITIATIVE, TO CONVENE US IN A WHILE.
UM, UNLESS THERE ARE ANY OTHER WORKING GROUP RELATED COMMENTS, QUESTIONS, DISCUSSION UNDER ITEM FOUR, BIG ITEM, THEN
[5. APPROVAL OF MINUTES: OCTOBER 27, 2021 SPECIAL CALLED MEETING AND DECEMBER 8, 2021 REGULAR COMMISSION MEETING]
I'M GOING TO MOVE TO ITEM FIVE APPROVAL OF THE MINUTES.HAS ANYONE AT TIME TO LOOK THROUGH THE MINUTES WITH, AND DOES ANYONE HAVE ANY CORRECTIONS TO THE MINUTES? READ THEM, READ THEM, LOOKED OKAY.
WHO WANTS TO MAKE A MOTION? GREAT, GREAT MOTION BY COMMISSIONER MCCORMICK TO APPROVE THE MINUTES.
IT'S WHAT I SAW IN A SECOND BY VICE CHAIR, KALE.
UM, RAISE THE HANDS IF YOU APPROVE OF THE MINUTES, IS THIS A MOTION TO APPROVE THEM VOTE? YES.
SORRY, IT'S A, IT'S AN AMBIGUOUS PLURAL NOW, BUT THE BOTH MINUTES.
YES, THIS IS IT'S IN ORDER, BUT I DO NOT LIKE RECOMMEND THAT WE MASS APPROVE MINUTES.
I WOULD LIKE FOR IT TO BE ONE AT A TIME BECAUSE MY VOTE WOULD, COULD, WOULD BE DIFFERENT.
AND YES, I'LL BE, I'M HAPPY TO BE MORE CLEAR.
UM, THAT THE MOTION THAT WAS JUST MADE AND SECONDED WAS TO APPROVE BOTH MINUTES AT THE SAME TIME.
THE MOTION THE MOST, THIS IS WHAT WE RAN INTO AND I WAS, UH, POLITELY CORRECTED.
UM, SO THE MOTION HAS BEEN MADE IN SECONDED.
THE MOTION IS THAT WE CAN'T DO THAT.
UM, SO, UH, HOW ABOUT WE HAVE A VOTE, UH, TO GET RID OF THAT MOTION? HOW ABOUT WE'VE UH, IF YOU DON'T LIKE, IF
[02:35:01]
WE NEED TO DO THE MOTION AGAIN, WE COULD, YOU KNOW, WE CAN DO THAT.LET'S LET'S BUST OUT SOME ROBERT'S RULES.
UH, DOES ANYONE HAVE A MOTION TO DIVIDE THE QUESTION? SO IS THAT HOW WE WANT TO DO THIS PROCEDURALLY MOTION TO DIVIDE THE QUESTION? UM, DOES THAT, IS THAT A MOTION THAT NEEDS A SECOND? OKAY.
UH, THE QUESTION HAS BEEN DIVIDED AND I AM INTERPRETING THAT MOTION TO MEAN THAT NOW WE HAVE TWO SEPARATE QUESTIONS, THE FIRST BEING APPROVAL OF YEAH, RIGHT? YES.
SO THE MOTION IS NOW TWO QUESTIONS MINUTES, ONE MINUTES, TWO.
THOSE ARE THE TWO QUESTIONS THAT WE ARE DIVIDING.
I WAS JUST CLARIFYING OUR MOTION.
ALL THOSE IN FAVOR TO DIVIDE THE QUESTION, RAISE YOUR HANDS.
SEE MCCORMICK, GREENBURG, TENNEY, UKA, LAURIE WILLIAMS, STANTON KALE.
NOW, UH, I WILL, NOW THAT WE HAVE A DIVIDED MOTION, THERE ARE TWO MOTIONS RATHER.
DO WE NEED TO SAY THE DATE? OCTOBER THE 27TH AND IT'S SURE YES.
WE'RE TALKING ABOUT THE OCTOBER MINUTES.
THOSE ARE SO I DON'T BELIEVE DO WE HAVE TO MAKE THE MOTION AGAIN IN SECOND? IT, NO.
SO NOW WE'RE VOTING ON THE MINUTES OF OCTOBER.
I WILL ASK FOR A RAISE OF HANDS.
UH, THESE ARE THE EYES I SEE SOMEONE LOOKING AT.
SO THESE ARE THE EYES THEY'RE NOT THERE.
SO I'VE GOT MCCORMICK, GREENBURG, TENA, YUCA WILLIAMS, STANTON, KALE.
SO BRON, UM, UH, THE NIECE CALLING FOR THE NIECE AND ABSTENTIONS.
THERE'S AN ABSTENTION FROM COMMISSIONER LAURIE.
ON THOSE MINUTES YOU CAN VOTING.
NOW, ASSUMING THAT WE'VE GOT THAT CLEAR OF GOT A MOTION, UH, THE DECEMBER DATE.
THE DECEMBER MINUTES, I WILL ASK FOR A SHOW OF HANDS FOR THE EYES TO ADOPT THOSE MINUTES OF MCCORMICK GREENBURG, LAURIE WILLIAMS, KALE SOBER ON I.
I'LL MAKE A CALL FOR THE NAYS.
AND THEN NICOLE FOR ABSTENTIONS COMMISSIONER STANTON ABSTAINING.
BOTH OF THOSE MINUTES PASS, WE DON'T HAVE TO MOVE TO ADJOURN ANYMORE.
SO I'M JUST GOING TO SAY THANK YOU ALL SO MUCH.
CITY STAFF MOVING RIGHT ALONG THE TIME IS 10, 10:00 PM.
AND THE ETHICS REVIEW COMMISSION IS NOW ADJOURNED.
WELL, THERE'S NO NOW, SO AROUND LOW THAT THEY GO, I'LL GO DOWNTOWN.
IF IT'S ALL AROUND YOU BREAK AND KNOCK AND SIT AND HAVE SOME TEA AND JUST GET DRUNK.