[00:00:03]
AND AT THE LAST MINUTE, AND I SEE OUR VICE CHAIR IS JOINING US REMOTELY.
SO I WILL START WITH THE MAGIC WORDS.
I AM THE CHAIR OF THE CITY OF AUSTIN ETHICS REVIEW COMMISSION, AND I CALL THE ETHICS REVIEW COMMISSION MEETING TO ORDER.
IT IS APRIL 27TH, 2022, AND IT IS 6:08 PM.
WE ARE IN AUSTIN CITY HALL AND THE BOARD AND COMMISSIONS ROOM NUMBER, UH, 11 0 1 AT 3 0 1 WEST SECOND STREET.
SO I'M GOING TO CALL THE ROLE IF YOU COULD UNMUTE YOUR MICROPHONE, SAY HERE OR PRESENT, UM, AND THEN MUTE YOURSELF AGAIN AFTER I CALL YOUR NAME.
UH, CHAIR SOBER ON PRESENT COMMISSIONER STANTON HERE.
COMMISSIONER LEVIN'S PRESENT COMMISSIONER GREENBERG.
YEAH, COMMISSIONER MCCORMICK, PRESENT COMMISSIONER KALE HERE.
WE HAVE COMMISSIONER KALE ATTENDING VIRTUALLY, UM, IF OTHER COMMISSIONERS JOIN AND I'LL MAKE SURE TO RECOGNIZE THEIR PRESENCE.
[PUBLIC COMMUNICATION: GENERAL]
PUBLIC COMMUNICATION.I DON'T BELIEVE THAT WE HAVE ANYONE SIGNED UP FOR PUBLIC COMMUNICATION GOING ONCE, TWICE, IF SOMEONE COMES IN SPEAK NOW OR FOREVER, HOLD YOUR PEACE.
AND WE'LL MOVE RIGHT INTO OUR AGENDA.
SO THE FIRST ITEM ON THE AGENDA IS NEW BUSINESS, WHICH IS ITEM ONE,
[1a. Annual Election of Commission Officers]
A, THE ANNUAL ELECTION OF OFFICERS.SO I BELIEVE AT THIS POINT, UM, WE ARE GOING TO OPEN THE FLOOR FOR NOMINATIONS.
UM, WE DO, WE NORMALLY GO IN WHAT ORDER DO WE USUALLY TAKE THE POSITIONS? AND, UH, I THINK IT MAKES THE MOST SENSE TO YOU.
I THINK IT MAKES THE MOST SENSE TO START WITH THE CHAIR AND MOVE FROM THERE.
UM, WE HAVE IN THE PAST HAD TIMES WHERE THERE WAS, YOU KNOW, CHAIR AND VICE-CHAIR WERE NOMINATED THE SAME TIME.
IF YOU FIND THAT TO BE THE MOST EFFICIENT, YOU CAN DO THAT.
SO AS LONG AS THERE'S NO OBJECTION TO TAKING UP MORE THAN ONE FLOOR IS OPEN.
IS THERE ANY OBJECTION FROM THE CURRENT OFFICERS THAT WANT TO LEAVE THE POSITIONS THEY'RE IN? AND DOES ANYBODY HAVE ANY NOMINATIONS FOR, WE DO HAVE ONE VACANCY, CORRECT.
THE SECRETARY THAT THERE WAS SOMEONE THAT MIGHT WANT TO TAKE THAT JOB.
AND IF ANYBODY HERE THAT IS A, A CURRENT OFFICER, DOESN'T WANT THEIR JOBS SPEAK NOW, UM, I WOULD BE HAPPY TO, UH, CONTINUE SERVING AS CHAIR OR VICE CHAIR.
UM, UH, IF, UH, I'LL PASS IT OVER TO COMMISSIONER KALE, UM, AND SEE IF SHE, HOW SHE FEELS ABOUT HER CURRENT POSITION.
I'M HAPPY TO DO IT UNLESS ANYBODY ELSE WOULD LIKE THE OPPORTUNITY.
UM, SO I'M JUST THROWING THAT OUT THERE.
IT'S A GOOD WAY TO LEARN THE PROCESSES WE DO, AND TO SEE WHAT GOES BEHIND ALL THESE JURISDICTION QUESTIONS.
SO IT'S SOMEBODY IT'S SOMEBODY WILLING TO TAKE THE SECRETARY? WELL, I WASN'T GOING TO VOLUNTEER TO BE SECRETARY, BUT I THINK COMMISSIONER STANTON IS VERY DETAILED ORIENTED AND GOES OVER THE MINUTES VERY CAREFULLY WHEN BANKING.
THAT'S WHEN I NOMINATE, UM, COMMISSIONER STANTON FOR SECRETARY.
THEN WE'LL START WITH THE NOMINATION.
UM, IS THIS AN APPROPRIATE TIME TO ASK SO THAT I UNDERSTAND WHAT THE RESPONSIBILITIES OF THAT OFFICE? SURE.
UM, THE, I THINK TRADITIONALLY THE SECRETARY, UH, UH, CAN PARTICIPATE IN THE MINUTES WRITING, UH, MOSTLY IT'S THE MINUTES CHECKING, UM, AHEAD OF THE MEETING.
[00:05:01]
AND THEN, UH, OCCASIONALLY DURING MEETINGS, THE SECRETARY MIGHT BE ASKED TO KEEP TIME DURING A HEARING, FOR EXAMPLE, OR WHEN PEOPLE COME FOR PUBLIC COMMENT, UM, AND ON A MUCH RARER OCCASION, IF THE CHAIR AND VICE-CHAIR, AREN'T ENABLED TO PRESIDE OVER A HEARING OR OVER A MEETING, THEN THE SECRETARY WOULD SIT IN THE CHAIR AND PRESIDE OVER THE MEETING.MAYBE, MAYBE WAS IT ME? I THOUGHT THERE WAS ONE TIME.
I THINK ONCE UPON A TIME I'VE BEEN AROUND FOR NINE YEARS.
THAT'S FAIR SECRETARY LERNER DID, BUT THERE WERE, THERE WERE RECUSALS, SO SHE PRESIDED OVER ONE HERE.
UM, SO THANK YOU FOR THAT CLARIFICATION AND I'M HONORED THAT YOU NOMINATED ME.
OKAY, WELL THAT IS THE, UM, I DON'T, I THINK IT'S GOOD FOR THEM TO HAVE A SECOND FOR A NOMINATION, BUT I DON'T THINK IT'S TECHNICALLY REQUIRED.
UM, PARLIAMENTARIAN, HAVE WE REALLY NOT? THAT'S A GREAT QUESTION.
OUR CURRENT PARLIAMENTARIAN IS, UH, COMMISSIONER GREENBERG.
SO I THINK THAT'S THE AGAIN, YES.
I'LL DEFER TO OUR CURRENT PARLIAMENTARIAN.
SHOULD WE PROCEED WITH THE NOMINATION FOR SECRETARY OR SHOULD WE JUST DO THE WHOLE SLATE? DO THE WHOLE SLATE.
THEN WE WILL START, WE'LL START COMBINING INTO A BIG NOMINATION.
SO WE HAVE, UH, YOU ALREADY HAVE A MOTION AND A SECOND FOR THE NOMINATION OF COMMISSIONER STANTON AS SECRETARY.
AND YOU DO THAT FIRST AND THEN DO THE OTHER THREE CAN-DO UM, ANY FURTHER DISCUSSION ON THE NOMINATION OF COMMISSIONER STANTON TO BE SECRETARY OF OUR COMMISSION HEARING AND SEEING NONE.
THEN I'M GOING TO CALL A VERY QUICK ROLL IF YOU COULD UNMUTE YOURSELF VERY CLEARLY STATE.
UM, ACTUALLY I SEE, I THINK COMMISSIONER WILLIAMS WALKING IN, UM, OH, OKAY.
HE'S GOING THROUGH SECURITY RIGHT NOW.
I HE'LL, HE GETS HERE TILL HE GETS HERE.
IT FEELS STRANGE TO START VOTING WHEN HE'S WALKING IN.
SO COUPLE OF MINUTES, NOT EVEN, YOU KNOW, AS KIND OF LIFE, IF YOU'RE NOT HERE, WATCH IT YOU'LL HAVE A JOB
IT'S JUST NOT A FIGHT LIKE IT USED TO, BUT YEAH, ALL RIGHT.
AND REMINDERS TO MUTE YOUR MICROPHONES.
IF YOU'RE NOT TALKING, THERE'S A LITTLE RED LIGHT, YOU CAN SEE ON THE BACK OF THE MICROPHONE, SEE WHETHER OR NOT THEY'RE OFF AND I'LL RECOGNIZE COMMISSIONER WILLIAMS. GOOD TO SEE YOU.
UM, SO JUST TO BRING YOU UP TO SPEED, WE WERE JUST IN THE MIDDLE OF A NOMINATIONS AND SELECTING AND ELECTING OUR NEW OFFICERS FOR THE COMING YEAR.
AND WE'RE CURRENTLY ON THE NOMINATION AND SECRETARY NOMINATION OF COMMISSIONER STANTON TO BE SECRETARY.
SO IT WAS JUST ABOUT TO GO THROUGH THE ROLE AND I SAW YOU WALKING IN AND I FIGURED I MIGHT AS WELL LET YOU MIGHT AS WELL LET YOU VOTE.
SO WITH THAT, I'M GONNA DO A QUICK ROLL CALL.
IF YOU COULD UNMUTE YOURSELF, STATE YOUR VOTE AND THEN MUTE YOURSELF ONCE YOU'RE DONE.
HI, COMMISSIONER WILLIAMS. PRESENT AND, UH, I SUPPORT THE CURRENT.
[00:10:02]
GREAT.COMMISSIONER MCCORMICK, COMMISSIONER
COMMISSIONER GREENBERG, COMMISSIONER KALE.
DID I? DID I NOT SAY COMMISSIONER STANTON? I'M SO SORRY.
YOU WERE MORE THAN ALLOWED TO VOTE FOR YOURSELF.
UM, NOW IT IS OFFICIALLY UNANIMOUS, I BELIEVE.
UM, ACKNOWLEDGING A VACANCY IN AN ABSENT OR TWO ABSENCES, I THINK.
SO MOVING ON TO OTHER NOMINATIONS.
SO WE HAVE THE POSITION OF PARLIAMENTARIAN CURRENTLY FILLED BY COMMISSIONER GREENBERG.
UM, IF THERE IS, WE CAN TAKE UP THE REST OF THE OFFICER POSITIONS INDIVIDUALLY, AS WE JUST DID, OR WE CAN HAVE A COMBINED MOTION IF THERE'S A PREFERENCE FOR THAT, THE FLOOR IS OPEN FOR GENERAL DISCUSSION COMMISSIONER, A YUCA.
AND THEN I'LL GO TO MCCORMICK.
I WAS JUST WONDERING IF YOU'RE WILLING TO CONTINUE.
WE HAVE A WILLING, UH, WILLING CONTINUING PARLIAMENTARIAN.
UM, I THINK THEN THE ONLY REMAINING QUESTION, UM, IF ANYONE WOULD LIKE TO BE VICE-CHAIR I THINK COMMISSIONER KALE SAID THAT SHE'D BE WILLING TO CONTINUE, BUT ALSO WANTED TO OPEN THE DOOR TO ANYONE WHO WANTED TO TAKE THE ROLE AND, UH, OR HAD AN INTEREST IN SEEING KIND OF WHAT IT WAS LIKE.
AND I'M HAPPY TO KIND OF DESCRIBE A LITTLE BIT MORE ABOUT WHAT A VICE-CHAIR SEES AND WHAT THEY WOULD, WHAT WOULD BE PART OF THAT.
I JUST WANTED TO MAKE SURE THAT COMMISSIONER WILLIAMS HAD AN OPPORTUNITY TO CONSIDER, SINCE YOU CAME LATER, THIS IS ONE, MAKE SURE YOU WEREN'T GLOSSED OVER.
I HAVE CONSIDERED, I APPRECIATE THAT.
I WOULD LIKE TO DECLINE IF NOMINATED, SO PERHAPS MAYBE I WON'T GET NOMINATED.
UM, THEN I THINK, UH, I'M HAPPY TO ENTERTAIN A MOTION, UM, SEEING NO ONE CHAMPION AT THE BIT FOR A VICE CHAIR, UM, THERE WILL BE, I'LL MAKE A MOTION.
I MOVE THAT WE HAVE A VOTE, UM, FOR ONE VOTE FOR ALL THE OFFICERS, UH, LUIS CURRENT CHAIR TO CONTINUOUS CHAIR, UH, CURRENT VICE CHAIR, COMMISSIONER, UH, CALI TO CON UH, IS IT KALE? I'M SORRY, KALE TO CONTINUE THE VEGETABLES AND RIGHT.
WHAT I SAID THAT I REMEMBER JUST SAYING LIKE THE VEGETABLE, KALE, KALE, TENUE MYSELF AS THE NEWLY NOMINATED SECRETARY AND THEN, UM, COMMISSIONER GREENBERG TO CONTINUE AS PART OF METAIRIE.
SO THOSE ARE THE OFFICERS THAT I'M PUTTING FORTH IN THE MOTION TO VOTE ONE VOTE FOR ALL THESE OFFICERS.
UH, WOULD THAT MOTION? I THINK THAT MOTION MAKES SENSE IF WE COULD, UH, WE'LL ACKNOWLEDGE THAT WE'VE ALREADY ELECTED YOU AS OUR SECRETARY.
THE MOTION, UH, I'LL RECOGNIZE THE MOTION AS BEING THE CHAIR, VICE CHAIR AND PARLIAMENTARIAN POSITIONS, AS YOU JUST STATED.
UH, SECOND FOR THE MOTION THAT IS COMMISSIONER MCCORMICK.
THANK YOU SO MUCH LOYAL SECONDER FOR MOST MOTIONS.
THEN I'LL CALL THE ROLE AND, UM, AGAIN, PLEASE UNMUTE YOURSELF, STATE YOUR VOTE AND THEN MUTE YOURSELF AGAIN.
COMMISSIONER TENDER, YUCA COMMISSIONER WILLIAMS. I AM COMMISSIONER GREENBERG, COMMISSIONER KALE.
UM, IT IS A JOY AND I MEAN THAT SERIOUSLY TO SERVE ON THE COMMISSION AND TO BE CHAIR.
AND IT'S VERY NICE TO FINALLY BE
[00:15:01]
CHAIR IN PERSON FOR THE PAST COUPLE OF MEETINGS AFTER A LONG TIME OF VIRTUAL ONLY HEARINGS.[1b. Ethics Code Overview of Section 2-7-62 (Standards of Conduct) and conflict of interest provisions, Section 2-7-63, 2-7-64, and 2-7-65, and Section 2-7-2]
WE, UH, ASKED AND MS. CARTER DELIVERED IN SPADES FOR, UH, AN OVERVIEW OF OUR SUBS OR SUBSTANTIVE CITY CODE THAT WE HAVE JURISDICTION OVER.UM, YOU HAVE AS PART OF YOUR PACKET, I BELIEVE 61 SLIDES OF MATERIAL THAT COVERS NOT ONLY, UH, ETHICS RULES THAT WE ARE SUBJECT TO, BUT ETHICS RULES THAT WE HAVE JURISDICTION OVER.
UM, IT'S A LOT OF MATERIAL AND I, UH, I THINK I'M GOING TO SUGGEST THAT, UH, WE TAKE, UH, ABOUT 30 MINUTES WORTH OF THE OVERVIEW.
UM, IF IT, IF IT GOES OVER 30 MINUTES, THEN I THINK WE CAN TAKE UP THE REST OF IT FOR ANOTHER DAY.
UM, I THINK THE BEST RESEARCH INDICATES THAT ABOUT 30 MINUTES OF ATTENTION IS LIKE OPTIMAL FOR RETAINING INFORMATION.
SO, AND THEN AFTER THAT WE CAN GET THROUGH OLD BUSINESS AND THE REST OF THE MEETING.
SO WITH THAT, I'M GOING TO RECOGNIZE MS. CARTER, IS THERE A PRESENTATION THAT'S GOING TO GET PUT UP ON THE SCREEN? YES.
UM, YOU PULL UP THE POWERPOINT, THAT'S IT.
SO, UH, NEXT SLIDE, UM, JUST TO GO THROUGH KIND OF THE VALUES OF ETHICS, WHICH YOU ALL PROBABLY KNOW, BUT IT INFORMS, UH, YOUR CITY OFFICIALS.
SO THIS APPLIES TO YOU AS WELL AS EMPLOYEES AND OUR ELECTED OFFICIALS, BUT IT INFORMS OUR DECISION-MAKING THE EXERCISE OF POWERS AND TRUSTED TO US AS PUBLIC SERVANTS AND, UH, RECOGNIZED THE STEWARDSHIP OF PUBLIC PROPERTY UNDER THE CITY'S CONTROL.
UM, NEXT SLIDE, THE CORE VALUES ARE TRANSPARENCY AND ACCOUNTABILITY.
THAT'S BOTH PART OF OUR OPEN MEETINGS, PUBLIC INFORMATION, UH, ACT AS WELL AS OUR ETHICS CODE.
UM, KEEPING OUR PERSONAL INTERESTS SEPARATE FROM OFFICIAL DECISION-MAKING ENSURING ACTIONS AT THE CITY ARE NOT FOR SALE.
ENSURING GOVERNMENT PROPERTY IS USED FOR THE PUBLIC GOOD AND ENSURING FAIRNESS IN THE ADMINISTRATION OF GOVERNMENT.
AND EXAMPLE OF THAT, I DON'T GO INTO DETAILS LATER IS THE ANTI LOBBYING.
UM, YOU ALL SERVE AS, UH, AN APPELLATE BODY, UM, AT LEAST THREE OF YOU, IF WE GET A, AN APPEAL OF AN ANTI LOBBYING VIOLATION.
SO THAT'S ONE OF YOUR ROLES WE HAVEN'T HAD THAT COME UP BEFORE, BUT, UM, THAT'S SOMETHING WE CAN ADDRESS THAT A FUTURE MEETING TO KIND OF RUN THROUGH, BUT THE ANTI LOBBYING ORDINANCE IS SET UP TO BE CREATE A FAIR PLAYING FIELD FOR ANYONE WHO APPLIES FOR A CONTRACT WITH THE CITY.
UM, THERE'S A PERSON WHO'S SPECIFIED AS THE CONTACT PERSON AND THAT PERSON RECEIVES COMMUNICATIONS.
AND SO DURING THE ANTI LOBBYING PERIOD, COUNCIL MEMBERS, BOARD MEMBERS, UM, CITY DEPARTMENTS CAN NOT BE CONTACTED TO BUY COMPANIES OR INDIVIDUALS THAT ARE BIDDING FOR A CONTRACT.
AND THE PURPOSE IS YOU SUBMIT YOUR BID.
EVERYBODY SUBMITS IT THE SAME WAY.
NOBODY'S TRYING TO GO LOBBY COUNCIL MEMBERS TO GET A DECISION OUTSIDE OF THE BIDDING PROCESS.
AND SO IT'S SUPPOSED TO BE A FAIR PLAYING FIELD FOR ALL.
SO NEXT SLIDE, UM, WE ARE ENSURING THAT THE FUNDING OF CONTRACTS IS BASED ON QUALIFICATIONS COSTS, NOT GIFTS OR FAVORS, UH, TO THE DECISION INFLUENCERS OR THE DECISION MAKERS AND ENSURE THAT THE PUBLIC REMAINS CONFIDENT IN THE CITY IN TERMS OF IT BEING A FAIR PLACE TO DO BUSINESS AND TAKING CARE OF, UH, THE PUBLIC GOOD AND THE PUBLIC MONEY ON NEXT SLIDE.
WE OFTEN FIND THAT GROUP PRESSURE, UH, IS, IS ONE OF THE PROBLEMS WITH ETHICAL FAILURES AND THE MOST CITED LAPSE IS, UH, TIMING, YOU KNOW, TH UH, PRESSURE TO GET THINGS DONE QUICKLY AS OPPOSED TO FOLLOWING THE RULES.
SO, UM, THAT'S JUST SOMETHING TO KIND OF THINK ABOUT.
[00:20:01]
CREATING AN ETHICAL CULTURE IS A TOP-DOWN MOVEMENT.WE REALLY NEED OUR LEADERSHIP TO, UH, DEMONSTRATE THAT THEY ARE ETHICAL, THAT THEY HAVE AN ETHICAL CULTURE.
SO THOSE ON THE FRONT LINES DON'T GIVE UP OR GET CYNICAL IF THEY SEE THAT, THAT THE LEADERSHIP IS NOT BEHAVING ETHICALLY, NEXT SLIDE.
SO AT THIS CITY WE HAVE, UH, FOR EMPLOYEES, WE HAVE TRAININGS ON ETHICS.
THAT'S USUALLY A, UM, AND I DON'T KNOW IF ANY OF YOU REVIEWED THE VIDEO.
I KNOW COMMISSIONER WILLIAMS. I DON'T KNOW IF YOU WERE ON YET, BUT I THINK OTHERS GOT NOTICE OF THE ANNUAL TRAINING THAT EMPLOYEES DO ONLINE.
AND SO, UM, IT'S USUALLY EXAMPLES THIS YEAR.
IT WAS KIND OF A MORE QUESTION TO ANSWER, BUT IT GIVES EXAMPLES OF INAPPROPRIATE CONDUCT.
AND, UM, AND I KNOW IN PAST YEARS WE'VE HAD EXAMPLES OF, FOR EXAMPLE, UM, EMPLOYEES GOING TO THE HOME DEPOT TO GET, UM, PICK UP SOMETHING THAT THEY HAVE TO GET FOR WORK.
AND AT THE SAME TIME, DECIDING TO USE CITY TIME TO PICK UP SOMETHING FOR THEMSELVES TOO.
AND THAT'S, THAT'S A NO-NO, THEY SHOULDN'T BE USING CITY VEHICLES OR CITY TIME TO RUN PERSONAL ERRANDS.
UM, AND I DON'T KNOW IF ANY OF YOU GET THE AUSTIN MONITOR, IT'S NOW A FREE PUBLICATION, BUT THERE WAS AN ARTICLE IN TODAY'S AUSTIN MONITOR ABOUT A PARK SUPERVISOR WHO WAS INAPPROPRIATELY USING EMPLOYEES TO GO GET, GET, UH, GOODS AT A NURSERY WHERE HIS DOMESTIC PARTNER WORKED.
UM, AND ALSO ASKING THEM TO GET, I DON'T KNOW, EIGHT OR SO PLANTS FOR HIMSELF AND PUT THOSE IN HIS VEHICLE.
UM, HE IS RESIGNED, UM, AND THAT WAS AN INVESTIGATION DONE BY THE, UM, CITY AUDITOR'S OFFICE.
SO, UM, THAT, THAT IS AN EXAMPLE OF AN ETHICAL CONDUCT AND ONE THAT EMPLOYEES, YOU KNOW, SHOULD HAVE NOTICED THAT THAT WAS IN THE EMPLOYEE TRAINING.
AND WE USUALLY HAVE 90 PLUS PERCENT, UH, PARTICIPATION IN THE ANNUAL EMPLOYEE TRAINING.
IS THERE A QUESTION? YEAH, I DON'T KNOW WHETHER WE WERE HERE, BUT WE HAD A BIG CASE ON THE HR PERSON FOR THAT SAME THING.
WE'RE NOT POSTED TO GO INTO PRIOR, UH, HEARINGS OF THE BODY.
SO I THINK WE PROBABLY SHOULDN'T DISCUSS THOSE UNLESS WE WERE POSTED FOR THAT, BUT, UM, A DIFFERENT AGENDA ITEM.
I THINK WE COULD TECHNICALLY TALK ABOUT PAST CASES.
I KNOW IT'S ALL GOOD, BUT I BEEN HERE TOO LONG, BUT I THINK OTHER EXAMPLES WOULD BE FINE.
UM, EVERY NEW EMPLOYEE HAS AN ORIENTATION THAT INCLUDES ETHICS TRAINING, UM, LIZETTE AS ONE OF OUR NEW EMPLOYEES, SHE STARTED IN JANUARY.
SO SHE WOULD HAVE GONE THROUGH THAT TRAINING.
UM, I DO AN ETHICS ORIENTATION.
THAT'S ABOUT A ONE HOUR, UM, OVERVIEW.
UM, SOME OF THESE SLIDES COME HAVE BEEN ALTERED, BUT COME FROM THAT.
UM, AND THEN THE THAT'S FOR DEPARTMENT DIRECTORS, DEPUTY DIRECTORS, UH, ANYONE IN THE CITY MANAGER'S OFFICE, UM, EITHER ASSISTANT CITY MANAGER, THE CITY MANAGER.
AND THEN, UM, THEY ALSO ARE ASKED TO DO A SUPERVISORY TRAINING.
THAT'S ABOUT A FOUR HOUR TRAINING AND THAT INCLUDES ETHICS OPEN GOVERNMENT, UM, MATTERS.
SO, SO WE HAVE QUITE A FEW TRAININGS AT THE CITY NEXT SLIDE.
SO WE GET ETHICS REPORTS FROM A NUMBER OF PLACES, AND YOU HAVE PROBABLY NOTICED IF YOU'VE BEEN ON THIS COMMISSION FOR VERY LONG, THAT A LOT OF IT COMES FROM OUTSIDE SOURCES, THE PRESS, YOU KNOW, WE'LL DO OPEN RECORDS REQUESTS AND, UM, RAISE ETHICAL CONCERNS.
AND THEN WE HAVE, ANYONE CAN MAKE A REPORT TO THE CITY AUDITOR'S OFFICE.
SO IT CAN BE OUR REGULATED COMMUNITY, OUR CUSTOMERS, OUR RESIDENTS, AS WELL AS, UH, INTERNALLY AT THE CITY, NEXT SLIDE TO HAVE A GOOD ETHICAL CULTURE.
IT IS, UH, IMPORTANT TO ENCOURAGE SELF-REPORTING AND PROTECT THAT INTERNAL REPORTING, UM,
[00:25:01]
BY PROTECTING WHISTLEBLOWERS.UM, THE TEXAS WHISTLEBLOWER ACT IS A STATE LAW THAT, THAT HELPS PROTECT THOSE WHO REPORT IN GOOD FAITH, ILLEGAL OR UNETHICAL CONDUCT.
AND NEXT SLIDE, WE AT THE CITY ALSO HAVE POLICIES THAT, UM, REQUIRE REPORTING WRONGDOING.
AND THAT INCLUDES ILLEGAL ACTS, MISUSE OF CITY OFFICES, OR EMPLOYMENT, UM, VIOLATION OF A POLICY IN A WAY THAT IMPAIRS CITY OPERATIONS FRAUD, OR GROSSLY INEFFICIENT PRACTICES OR USES OF RESOURCES.
AND I'LL GET INTO THE DEFINITION OF FRAUD A LITTLE BIT LATER IN THE PRESENTATION.
UH, REAL QUICK, LYNN, I WAS CURIOUS, UM, ILLEGAL ACTS, IS THAT, UH, LIMITED TO CRIMINAL CONDUCT OR IS IT, UH, OTHER KINDS OF ILLEGAL ACTS AS WELL? UM, ANYTHING THAT'S AGAINST THE LAWS? SO IT COULD BE, I MEAN, TECHNICALLY WE HAVE LIKE MISDEMEANORS THAT WOULD BE A VIOLATION OF THE LAW, BUT IT WOULD JUST, UM, FALL UNDER, YOU KNOW, A FINE UNRELATED OFFENSE.
SO IT COULD BE AN ENVIRONMENTAL OFFENSE, UM, SOMETHING LIKE THAT, BUT IT DOESN'T HAVE TO BE CRIMINAL SEXUAL HARRISON, UH, DISCRIMINATORY CONDUCT WOULD ALSO BE, UM, I SHOULD HAVE PROBABLY, BUT UNLAWFUL AS WELL AS ILLEGAL.
UH, SO REPORTING ETHICS VIOLATIONS, EMPLOYEES CAN REPORT TO THEIR SUPERVISOR TO ANOTHER EMPLOYEE IN THEIR CHAIN OF COMMAND.
THEY DON'T HAVE TO GO DIRECT, THEY CAN GO OUTSIDE THE CHAIN, INCLUDING STRAIGHT TO THE CITY MANAGER'S OFFICE.
UM, AND THEN THE CITY AUDITOR'S OFFICE HAS THE INTEGRITY HOTLINE WHERE THEY CAN TAKE ANONYMOUS REPORTS OF VIOLATIONS.
UM, THEY DON'T HAVE TO BE ANONYMOUS.
IT'S UP TO THE EMPLOYEE, UM, OR SOMEONE OUTSIDE OF THE CITY, WHETHER THEY WANT TO PROVIDE THEIR NAME OR NOT.
UM, REPORTS CAN BE MADE TO THE HUMAN RESOURCES DEPARTMENT AS WELL AS, UM, TO APD IF THERE'S A CRIMINAL CONDUCT.
UM, SO, AND 3, 1, 1 IS GOOD ABOUT TAKING COMPLAINTS ABOUT, JUST ABOUT ANYTHING AT THE CITY.
SO, BUT THE POLICY IS DESIGNED TO ENCOURAGE REPORTING.
UM, JUST AS A REMINDER, THE CITY AUDITOR'S OFFICE WILL ACCEPT ANONYMOUS REPORTS, BUT THEY WILL NEVER RELY ON THOSE THAT WILL INITIATE AN INVESTIGATION, BUT THEY WILL NOT MAKE FINDINGS BASED ON AN NMR, AN ANONYMOUS REPORT.
THEY WILL ONLY MAKE FINDINGS BASED ON A WITNESS WHO HAS IDENTIFIED HIMSELF OR HERSELF.
SO RETALIATION IS PROHIBITED BY LAW AND BY CITY POLICY, THE PERSONNEL POLICIES ARE VERY STRONG IN, UH, PROHIBITING RETALIATION AND PROVIDING, UH, SEPARATE, UM, WAYS TO REPORT RETALIATORY ACTS.
IF, IF AN EMPLOYEE FEELS THEY'VE SUFFERED RETALIATION, UM, THEY CAN, UH, REPORT THAT TO ANY SUPERVISOR OR MANAGER.
THEY DON'T HAVE TO USE THEIR CHAIN OF COMMAND AND, UM, WHISTLEBLOWERS ARE PROTECTED AT THE CITY IF THEY MAKE A GOOD FAITH REPORT OF A VIOLATION.
UM, IF, FOR EXAMPLE, A WHISTLEBLOWER WERE INVOLVED IN UNETHICAL CONDUCT.
THEY'RE NOT GOING TO GET A BUY BECAUSE THEY REPORTED IT.
THEY'RE GONNA, THAT WILL BE TAKEN INTO CONSIDERATION, BUT THEY'RE STILL SUBJECT TO DISCIPLINE, UH, FOR, UH, A VIOLATION OF THE ETHICS CODE OR SOME OTHER LAW.
SO CONFLICTS OF INTERESTS, UM, OFTEN COME UP, UH, AND ETHICS.
AND THAT IS GENERALLY WHERE YOU HAVE PERSONAL INTERESTS OR INTERESTS OF ANOTHER, THAT INTRUDE ON A CITY OFFICIALS.
UH, DECISION-MAKING IN A WAY THAT THEY'RE NOT CARRYING OUT THE BEST INTERESTS OF THE CITY.
THEY'RE LOOKING AT SOME OUTSIDE INTEREST INSTEAD OF WHAT'S IN THE BEST INTERESTS OF THE CITY.
SO WE ENCOURAGE CITY EMPLOYEES AND OFFICIALS TO ASK THEMSELVES BEFORE THEY TAKE ACTION, COULD THERE BE BENEFITS OR CONSEQUENCES THAT WOULD CAST OUT ON, UH, THE OFFICIALS OBJECTIVITY? IS THERE A CLOSE, PERSONAL OR FINANCIAL RELATIONSHIP WITH AN INTERESTED PARTY THAT WOULD AFFECT THAT DECISION-MAKING AND IS THERE A GIFT OR A HOSPITALITY THAT'S BEEN OFFERED OR RECEIVED, UH, BY SOMEONE WHO STANDS TO GAIN OR LOSE BY HOW THE ISSUE IS HANDLED AT THE CITY? NEXT SLIDE.
[00:30:02]
WE ALSO ASK THAT OFFICIALS ASK, COULD THIS SITUATION HAVE AN INFLUENCE ON FUTURE EMPLOYMENT OPPORTUNITIES FOR THE DECISION MAKER? UM, IF SO, THAT PERSON SHOULD TAKE THEMSELVES OUT OF THE LOOP, IF THERE'S, UM, IF THEY'RE LOOKING FOR EMPLOYMENT OUT ELSEWHERE, AND THIS IS A POTENTIAL EMPLOYER THAT EMPLOYEE NEEDS TO TELL THEIR SUPERVISOR AND, AND RECUSE THEMSELVES FROM THAT DECISION, UM, HOW WOULD ONE OF THE BEST, UH, GUIDELINES I THINK IS HOW WOULD, UH, AN OFFICIAL FEEL IF THE STORY CAME OUT IN THE PAPER? UM, SO THAT IS OFTEN A GOOD GUIDE TO GO BY.UM, WOULD IT, WOULD IT MAKE THE, THE OFFICIAL HAPPY IF THE PUBLIC OR COLLEAGUES KNEW, UM, ABOUT ANY OUTSIDE INFLUENCES NEXT SLIDE? SO CONFLICTS CAN BE RESOLVED, UM, EITHER BY PROHIBITING THE CONFLICT, MEANING THE PERSON, FOR EXAMPLE, CITY COUNCIL MEMBERS AND THEIR SPOUSES CAN NOT HAVE AN INTEREST IN CONTRACTS.
THERE ARE A NUMBER OF OTHER CITY OFFICIALS THAT CANNOT EITHER.
THAT'S JUST A FLAT PROHIBITION.
UM, THEY MAY REQUIRE RECUSAL THAT EXAMPLE I GAVE ABOUT SOMEONE WHO'S GOT FUTURE EMPLOYMENT, SAY I'VE TAKEN A JOB.
I NEED TO NOT BE IN THE DECISION-MAKING LOOP ON THIS, MY FUTURE EMPLOYER.
AND THEN OFTENTIMES THERE'S A GRAY AREA.
UM, YOU SEE THAT ON THIS COMMISSION, SOMETIMES WE HAVE, UM, MEMBERS WHO RECUSE EVEN WHEN, UM, THERE'S SOMEONE WHO'S NOT THEIR NOMINATING COUNCIL MEMBER.
AND THAT'S JUST SIMPLY A UP TO THE COMMISSIONER AS TO WHETHER OR NOT YOU FEEL LIKE YOU HAVE TO CLOSE A RELATIONSHIP WITH SOMEONE WHO'S A RESPONDENT OR A COMPLAINANT, UH, ON A COMPLAINT.
NEXT SLIDE, SECONDARY EMPLOYMENT AT THE CITY IS, UM, AN AREA WHERE WE OFTEN SEE, UH, ETHICAL VIOLATIONS.
UM, THE CITY DOES PERMIT SECONDARY JOBS THAT NOT FOR THE DEPUTY DIRECTOR OR THE DIRECTOR, BUT BELOW THAT, UM, IF IT DOESN'T INTERFERE WITH THE EMPLOYEE'S JOB AT THE CITY, DOESN'T CREATE A CONFLICT OF INTEREST.
UH, AND IT HAS TO BE APPROVED SEPARATELY BY BOTH THE, THE HUMAN RESOURCES DEPARTMENT, AS WELL AS THEIR DEPARTMENT DIRECTOR.
UM, NEXT SLIDE USE OF CITY RESOURCES IS ABSOLUTELY PROHIBITED FOR ANY SECONDARY EMPLOYMENT.
UH, AN EMPLOYEE CANNOT USE THEIR COMPUTER, THEIR PHONE, THEIR CITY TIME.
UM, IF THEY'RE WORKING ON SECONDARY EMPLOYMENT, UM, SUPPLIES, ANY OF THAT NEXT SLIDE.
SO A CONFLICT EXISTS WHEN OTHER EMPLOYMENT OR COMPENSATION FROM THAT EMPLOYMENT COULD REASONABLY BE EXPECTED TO IMPAIR THAT EMPLOYEE'S INDEPENDENCE OF JUDGMENT IN THEIR JOB AT THE CITY.
UH, IT APPLIES TO TEMPORARY WORK.
IT APPLIES TO SELF-EMPLOYMENT AND REALLY SELF-EMPLOYMENT IS AN AREA WHERE I THINK EMPLOYEES ARE LOTS OF TIMES THE MOST TEMPTED TO, UH, USE THEIR CITY TIME OR INAPPROPRIATELY REACH OUT TO COWORKERS.
YOU CAN THINK OF SOMEONE WHO DOES PHOTOGRAPHY ON THE SIDE OR SELLS MAKEUP, OR, YOU KNOW, SOMETHING LIKE THAT, THAT THEY WOULD BE TEMPTED TO SAY, HEY, UM, WOULD YOU COME INTO MY OFFICE? AND LET'S, AND LET'S SEE IF, YOU KNOW, YOU'D BE INTERESTED IN MY PRODUCT.
UM, SO, UM, IT'S, IT BECOMES A BIT MORE, YOU KNOW, OF AN ISSUE WITH IT'S TOUGHER TO KIND OF WATCH FOR, WITH SELF-EMPLOYMENT.
AND IT'S ESPECIALLY WORRISOME IF, IF, UH, WE HAVE EMPLOYEES THAT ARE SEEKING CITY CONTRACTS THROUGH THEIR SELF EMPLOYMENT.
AND SO YOU WILL, UM, I KNOW THE LAW DEPARTMENT IS VERY CONSERVATIVE IN THEIR ADVICE.
YOU KNOW, WE'RE NOT GOING TO ADVISE SOMEONE WHO DOES, UH, WHO'S IN THE DEVELOPMENT SERVICES DEPARTMENT AND REVIEWS, PERMITS TO BE ABLE TO DO THAT JOB ON A SECONDARY BASIS.
THEY KNOW TOO MUCH ABOUT HOW THE SYSTEM WORKS.
THEY'D BE TOO TEMPTED TO TRY TO ENCOURAGE THEIR COLLEAGUES TO MOVE THEIR PERMIT, YOU KNOW, IN FRONT OF OTHERS.
AND SO THAT'S NOT, THAT'S SOMETHING THAT WE WOULD SAY, NO, THAT WOULD NOT BE APPROPRIATE.
SO THERE ARE, THERE'S A LONG LIST HERE OF THOSE WHO ARE PROHIBITED FROM BENEFITING FROM A CITY
[00:35:01]
CONTRACT.UM, IT INCLUDES COUNCIL AIDS, AS WELL AS MAYOR AND COUNCIL, UH, CITY MANAGER, ASSISTANT CITY MANAGER, DIRECTORS, AND DEPUTY DIRECTORS, AND THEN MUNICIPAL JUDGES, UM, ASSISTANT CITY ATTORNEYS, ANYONE, AND ANY ATTORNEYS THAT INCLUDES ALL THE ATTORNEYS AT THE, UH, CITY LAW DEPARTMENT, AS WELL AS PURCHASING AGENTS WHO HANDLE THE BIDS, UM, AND ANYONE WITH AUTHORITY TO PURCHASE FOR THE, THE CITY.
AND IT ALSO INCLUDES SPOUSES AND DOMESTIC PARTNERS OF ALL OF THOSE.
SO NEXT SLIDE PROCUREMENT RELATED JOBS ARE ESPECIALLY TROUBLESOME.
UM, I ALWAYS ADVISE EXECUTIVES TO NEVER ACCEPT GIFTS FROM VENDORS.
UM, YOU KNOW, YOU CAN GO TO LUNCH WITH THEM, BUT PAY YOUR OWN WAY.
YOU CAN JUST ASSUME THAT IF IT'S A VENDOR, THEY ARE TRYING TO INFLUENCE YOU.
UM, IF THERE IS A, IF YOU'RE INVITED TO A, UM, CONFERENCE OR SOMETHING LIKE THAT, AND IT'S A PROFESSIONAL GROUP, THAT'S GREAT, BUT DON'T BE GOING TO A CONFERENCE THAT, UM, IS SPONSORED BY VENDOR.
UM, YOU KNOW, THE VENDOR IS THE SOLE ONE.
THAT'S HAVING THIS GREAT CONFERENCE IN THE CARIBBEAN AND WANTS TO PAY YOUR WAY THERE.
THAT WOULD NOT BE APPROPRIATE.
UM, SO, UM, IF A PERSON OR AN ENTITY HAS A FINANCIAL INTEREST, UH, IN A CONTRACT RESULTING FROM A SOLICITATION, SUCH AS A SPOUSE WORKS FOR A VENDOR OR A POTENTIAL VENDOR, THAT EMPLOYEE WOULD HAVE TO RECUSE THEMSELVES FROM ANY PART OF THAT PROCESS THAT WOULD BE CREATING THE BID SPECS, UH, EVALUATING THE, THOSE THAT BID ON THE PROJECT.
UH, THE DECISION-MAKING ABOUT WHO IS SELECTED, UM, AS WELL AS OVERSIGHT OF THAT CONTRACT.
UM, SO WE, AGAIN ARE CONSERVATIVE.
WE DON'T, YOU KNOW, EVEN IF THAT'S A CON A COMPETITOR GETS THE JOB, WE WOULD LIKE THAT EMPLOYEE TO NOT BE INVOLVED IF THEY'VE GOT SOMEONE INTERESTED IN A HEAVY COMPETITOR FOR THAT POSITION, BECAUSE THOSE CONTRACTS COME ABOUT FOR RENEWAL.
SO, UM, NEXT SLIDE STANDARDS OF CONDUCT.
SO, UM, CITY CODE SECTION 2 76, 2 HAS A LONG LIST OF DO'S AND DON'TS.
UM, AND SO I'M GOING TO GO THROUGH THESE PRETTY QUICKLY.
I'LL TELL ME IF I GET PAST TIME, UM, I'M STARTING OUT WITH JUST CITY OFFICIALS, CITY OFFICIALS IS ANYONE WHO IS ELECTED OR APPOINTED.
IT DOESN'T MATTER WHAT KIND OF BODY, UM, THEY ARE A MEMBER OF.
IT COULD JUST BE A TASK FORCE, UM, BUT THEY CANNOT REPRESENT DIRECTLY OR INDIRECTLY ANY PERSON OR GROUP, UH, IN ANY ACTION BEFORE THE MUNICIPAL COURTS, IF IT AROSE FROM A DECISION OF THAT BOARD OR THAT BODY, UM, IN NEXT SLIDE.
SO THIS NEXT SET OF SLIDES IS GOING TO BE ABOUT BOTH CITY OFFICIALS AND EMPLOYEES.
SO, AND THIS, THESE INCLUDE YOU, YOU ARE CITY OFFICIALS.
UM, YOU CAN, WE CANNOT TRANSACT BUSINESS IN AN OFFICIAL CAPACITY WITH AN ENTITY IN WHICH WE HAVE A SUBSTANTIAL INTEREST.
SO, UM, IF MY HUSBAND WERE TO WORK FOR A COMPANY THAT, UM, YOU KNOW, SOUGHT TO SELL, I DON'T KNOW, FOOD OR SOMETHING LIKE THAT TO THE CITY, IF I WERE ON THE CITY COUNCIL, I COULD NOT VOTE ON THAT CONTRACT.
I WOULD HAVE TO, YOU KNOW, AS YOU ALL SIGN THE, UM, IN EVERY TIME, AND YOU S YOU SAY THAT YOU'VE GOT A CONFLICT ON A CERTAIN ITEM, I WOULD, I WOULD HAVE TO DO THAT, UM, OR ANNOUNCE IT PUBLICLY IN THE OPEN MEETING.
UM, CITY OFFICIALS CAN NOT REVEAL INFORMATION, UH, RELATED TO THE FILING OR PROCESSING OF A COMPLAINT EXCEPT FOR PERFORMANCE OF THEIR OFFICIAL DUTIES.
SO WHAT WE RECEIVE IN THIS COMMISSION, YOU KNOW, THE COMPLAINT IS PUBLIC INFORMATION, BUT UNTIL ANYTHING ELSE, AS A MATTER OF PUBLIC INFORMATION, WHICH IS GENERALLY AT THE OPEN MEETING, Y'ALL SHOULD NOT BE DISCUSSING IT.
UM, YOU KNOW, THE PRESS OFTEN CALLS, ESPECIALLY CHAIRS AND VICE CHAIRS TO ASK AN OPINION.
AND MY ADVICE IS ALWAYS DON'T,
[00:40:01]
DON'T TALK TO THEM, LET, LET THE MEDIA RELY ON WHAT CAME OUT IN THE, UM, PUBLIC MEETING, THE NEXT SLIDE, UM, CITY OFFICIALS, EMPLOYEES CAN NOT USE CONFIDENTIAL INFORMATION FOR A PURPOSE OTHER THAN OFFICIAL DUTIES.I'M AS A CITY ATTORNEY, I RECEIVED AND SUBJECT TO A LOT OF CONFIDENTIAL COMMUNICATIONS WITH CLIENT DEPARTMENTS.
UM, OFFICIALS YOU'LL NOTICE A LOT OF MY COMMUNICATION TO YOU OR ATTORNEY CLIENT PRIVILEGE.
UM, IF I FEEL LIKE I'M ADVISING YOU IN ANY WAY, THEN I PUT THE ATTORNEY CLIENT PRIVILEGE ON THERE.
AND SO I CAN'T DISCUSS WITH MY NEIGHBOR, WHAT I ADVISED YOU ABOUT, UM, OR WITH THE MEDIA, ET CETERA, I COULDN'T LEAVE THIS JOB AND GO TO ANOTHER BOARD AND SAY, WELL, HERE'S AN EXAMPLE OF THE ADVICE I GAVE THE ETHICS REVIEW COMMISSION THAT WOULD NOT BE APPROPRIATE.
UM, WE CANNOT FORMALLY APPEAR BEFORE THIS BODY, FOR EXAMPLE, Y'ALL COULD NOT APPEAR AND SAY, I WANT TO MAKE AN ETHICS COMPLAINT AND BE, UM, UH, OR REPRESENT SOMEONE ELSE ON AN ETHICS COMPLAINT THAT THAT IS NOT APPROPRIATE.
YOU WOULD HAVE TO WAIT AT LEAST TWO YEARS UNTIL AFTER YOU LEFT THIS BODY TO, TO DO THAT.
SO GIFTS OR FAVORS, UH, WE CANNOT ACCEPT OR ASK FOR A GIFT OR FAVOR THAT WOULD TEND TO INFLUENCE US IN HOW WE MAKE DECISIONS.
UM, AND THAT INCLUDES IF WE KNEW OR SHOULD HAVE KNOWN THAT IT WAS OFFERED BY THE PERSON, UH, WITH AN INTENT TO INFLUENCE, INFLUENCE, UH, US IN OUR DECISION-MAKING NEXT SLIDE.
UM, CITY OFFICIALS AND EMPLOYEES CANNOT, UH, SOLICIT OR ACCEPT EMPLOYMENT, UM, FOR COMPENSATION, IF IT COULD REASONABLY BE EXPECTED TO IMPAIR INDEPENDENCE OF JUDGMENT OR PERFORMANCE OF, UH, DUTIES AT THE CITY.
SO AGAIN, THIS IS MORE ABOUT FUTURE EMPLOYMENT OPPORTUNITIES, BUT IT ALSO APPLIES TO, UM, YOU KNOW, THERE COULD BE A SCENARIO WHERE A VENDOR SAYS, I WANT TO OFFER YOU THIS JOB, AND THEN THEY TAKE IT BACK AFTER, YOU KNOW, AFTER THE DECISION IS MADE, BUT ANYONE THAT'S EVEN CONSIDERING THAT SHOULD SAY, HEY, I GOT THIS JOB OFFER.
I NEED TO TAKE MYSELF OUT OF THE DECISION-MAKING PROCESS.
UH, NEXT SLIDE, CERTAINLY WHEN, UH, FUTURE EMPLOYMENT IS ACCEPTED AT THAT POINT, UM, THE EMPLOYEE HAS TO, UM, I D THAT BECOMES A SUBSTANTIAL INTEREST AND THE EMPLOYEE HAS TO NOTIFY THEIR SUPERVISOR AND RECUSE, UM, FROM ANY DECISION-MAKING AND THE SUPERVISOR HAS TO REASSIGN THAT, THAT ISSUE.
UM, LIKEWISE, I'M TRYING TO THINK OF AN EXAMPLE.
UM, LET'S SAY ONE OF OUR ATTORNEYS WERE TO DECIDE THAT THEY WERE GOING TO HANG OUT A SHINGLE AND START REPRESENTING PARTIES AND ETHICS COMPLAINTS, UM, BEFORE THE CITY, THEN THAT WOULD REQUIRE THEM TO RESIGN FROM THE, FROM THE COMMISSION.
AND I THINK, UH, AT SLIDE 30, WE'LL PROBABLY PAUSE.
UM, SO USE OF CITY RESOURCES IS, UH, INTENDED TO BE JUST FOR, UM, CITY PURPOSE.
THERE IS A DIMINIMOUS, UH, AND LIMITED USE EXCEPTION.
THE EXAMPLE I TYPICALLY USE IS THAT IF AN EMPLOYEE IS LIKE ME AND THEY FORGET THEIR CELL PHONE, AT LEAST ONCE A MONTH, THEY NEED TO GET ON THEIR EMAIL AND LET THEIR FAMILY KNOW THEY LEFT THEIR CELL PHONE AT HOME.
SO CALL ME AT THE OFFICE, IF YOU NEED ME, UM, OR TO CALL A DOCTOR OR TO CALL A SCHOOL, UM, THAT'S, THAT'S LIMITED OR DIMINIMOUS USE THAT'S APPROPRIATE BECAUSE IT WOULD TAKE MORE TIME FOR SOMEONE TO, YOU KNOW, WHAT THEY'D HAVE TO BORROW A CELL PHONE, LEAVE THE BUILDING, UM, STEP OFF CITY PROPERTY THAT WOULD NOT BE VERY EFFICIENT.
SO THE CITY ALLOWS, UH, LIMITED OR DIMINIMOUS USE.
UM, NOW THAT DOES NOT MEAN THAT WE CAN BE USING CITY COMPUTERS FOR THE NCAA BASKETBALL FINAL, UH, BETTING POOL THAT WOULD BE INAPPROPRIATE USE OF CITY PROPERTY.
[00:45:01]
THERE IS STATE LAW THAT PROHIBITS ANY CAMPAIGNING OR, UH, COLLECTION OF CAMPAIGN FUNDS WHILE ON CITY PROPERTY.SO THAT, THAT WOULD BE, UH, ANOTHER EXAMPLE.
UM, WE CANNOT, INCLUDING YOU, EXCEPT ME REMUNERATION, WHICH I LOOKED THIS UP.
IT'S NOT DEFINED IN THE CODE, BUT IT'S PAY OR COMPENSATION OF SOME KIND DIRECTLY OR INDIRECTLY FOR CAMPAIGN WORK, UM, FOR AN ITEM THAT'S PLACED ON THE BALLOT, IF YOU WERE INVOLVED IN THAT DECISION-MAKING.
SO LET'S SAY I'M NOT SURE, I DON'T KNOW OF ANYTHING THAT THIS BOARD HAS HAD THAT'S COME BEFORE IT, THAT WOULD BE AN ITEM ON THE BALLOT, BUT CERTAINLY THAT HAPPENS TO COUNCIL MEMBERS.
YOU KNOW, COUNCIL MEMBERS VOTE ON WHETHER AN ITEM SHOULD GO ON THE BALLOT AND WHILE THEY CAN STATE FACTUAL INFORMATION, THEY CAN'T GO GET PAID FOR SPEAKING, YOU KNOW, ON AN ITEM, UH, ON THE BALLOT.
UM, THE NEXT SLIDE ACTUALLY LEADS INTO THE NEXT TWO NEXT TWO.
SO WE CAN STOP THERE IF YOU WATCH.
UH, WE CAN SAVE FRAUD AND ABUSE FOR NEXT TIME.
THIS HAS BEEN REALLY, REALLY USEFUL OVERVIEW, UM, AND A GOOD REMINDER ON SOME THINGS.
UH, IT REMINDS ME, UM, ONE OF THE THINGS THAT I THINK OUR WORKING GROUP HAD DISCUSSED MAY SAVE THIS FOR WHEN WE TALK ABOUT THE WORKING GROUP, BUT ABOUT JUST AS A REMINDER OF THE EX PARTE COMMUNICATION PROHIBITION ON TOP OF, UH, THE GENERAL RULE AGAINST DISCLOSING ANYTHING THAT'S CONFIDENTIALLY SUBMITTED TO THE COMMISSION.
WE ALL, WE HAVE AN EXTRA PROHIBITION THAT SAYS IF THERE'S A PENDING COMPLAINT THAT WE'RE NOT SUPPOSED TO TALK, NOT JUST WITH THE MEDIA OR THE PRESS, BUT REALLY ANY MEMBER OF THE PUBLIC ABOUT THE ONGOING COMPLAINT.
UM, I'VE PERSONALLY TRIED TO JUST KIND OF EXTEND IT PAST, UM, UH, WHEN A COMPLAINT IS DONE JUST FOR APPEARANCES SAKE.
AND I ALWAYS TRY TO THINK OF NOT JUST WHAT IS REQUIRED STRICTLY BY THE RULE, BUT HOW IT COULD BE INTERPRETED, UM, EVEN IF IT'S TECHNICALLY COMPLIANT WITH THE RULE.
SO, BUT THANK YOU SO MUCH FOR THAT OVERVIEW.
AND I THINK, YOU KNOW, I GUESS THIS IS EASY FOR ATTORNEYS TO MAKE THIS ANALOGY, BUT IF YOU'VE SERVED ON A JURY, YOU KNOW, YOU'RE NOT SUPPOSED TO DISCUSS THINGS OUTSIDE OF, YOU KNOW, YOU'RE SUPPOSED TO LISTEN TO ALL THE EVIDENCE AS A GROUP, AND THEN YOU, WHEN YOU GET TOGETHER, YOU MAKE YOUR DECISION-MAKING, YOUR DELIBERATIONS ARE DONE IN PUBLIC AND YOU GET TO ASK QUESTIONS TO THE PARTIES, BUT YOU'RE NOT SUPPOSED TO BE DISCUSSING OR TRYING TO FIGURE OUT THE FACTS AMONGST YOURSELF BEFORE, UH, THE HEARING ACTUALLY HAPPENS.
UM, AND I'M NOT SAYING IT'S, IT'S CERTAINLY APPROPRIATE FOR YOU TO REVIEW EVIDENCE, BUT IN TERMS OF CALLING UP COMMISSIONER, A CALLING UP COMMISSIONER B TO SAY, WHAT DO YOU THINK ABOUT THIS EVIDENCE? NO, THAT NEEDS TO BE SAVED FOR THIS MEETING.
THAT'S NOT PROHIBITED BY THE EX PARTE COMMUNICATION PRIVILEGE, BUT THE PARTIES CAN'T CALL YOU UP ONE BY ONE AND SAY, HERE'S MY SIDE.
UM, WE WILL MOVE ON THEN IN OUR AGENDA TO OLD BUSINESS.
[2a. Review and evaluation of the dollar limits established in Chapter 2-2 (Campaign Finance) and consider making recommendations to the city council as to those limits.]
ONE, UH, I'M JUST GOING TO ANNOUNCE ALL OF THE OLD BUSINESS VERY QUICKLY AND THEN ASK IF ANYONE'S GOT ANY UPDATES.UM, SO ONE OF THEM IS TO REVIEW THE REVIEW AND EVALUATION OF DOLLAR LIMITS ESTABLISHED IN CHAPTER TWO DASH TWO, WHICH IS CAMPAIGN FINANCE STUFF.
WE HAVE THE STATEMENT AND OR VIDEO
[2b. 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]
ABOUT WHAT THE COMMISSION DOES, HOW THE PUBLIC CAN USE THE COMMISSION, AND THEN A POSSIBLE STATEMENT ON EQUITY ACCESS AND THE NEED FOR REFORM.[2c. Content of the agenda for future meetings, including description of Commission’s jurisdiction and/or functions.]
FOR FUTURE MEETINGS, INCLUDING A DESCRIPTION OF OUR JURISDICTION AND FUNCTIONS.[2d. Working group status reports and/or recommendations on the following.]
TWO WORKING GROUPS, UH, WHICH, UM, YES, SO WORKING GROUP POINT ON THE SANCTION PROCEDURES AND OTHER ISSUES, AND THEN WORKING GROUP TWO ON THE RACE IDENTITY AND EQUITY, UH, ISSUES.SO THAT IS OUR CURRENT AGENDA ITEM.
AND I'M GOING TO JUST LET THE FLOOR STAY OPEN FOR A MINUTE TO SEE IF WE'VE GOT SPECIFIC UPDATES.
I DON'T KNOW THAT I'M AWARE OF ANY THAT ARE KIND OF RIPE FOR DISCUSSION RIGHT NOW, BUT IF ANYONE HAS THEM, I'LL JUMP IN WITH AN UPDATE ON THE WORKING GROUP I'VE BEEN ON WITH COMMISSIONER LAURIE.
SO AT THE LAST MEETING, WE, WE LEFT
[00:50:01]
IT THAT THERE WAS NOT A UNANIMOUS APPROVAL OF, OR, OR JUST UNDERSTANDING OF THE EQUITY STATEMENT.SO WE'RE GOING TO GO BACK KIND OF TO SQUARE ONE AND JUST GET BACK TO HAVING A PRIMARY DOCUMENT.
IT'S BASICALLY A MEDIA PIECE THAT TELLS THE PUBLIC HOW TO ACCESS OUR COMMISSION.
AND I'VE SENT, UH, THE MOST RECENT UPDATES OF THAT DRAFT TO COMMISSIONER LAURIE.
I BELIEVE SHE'S OUT OF TOWN RIGHT NOW, SO SHE'LL BE REVIEWING IT AND THEN WE'LL HAVE SOMETHING FOR Y'ALL AT THE NEXT MEETING.
AND IT'LL BE BASED ON FEEDBACK THAT WE GOT LAST MONTH.
UM, AND IT'LL JUST BE STRAIGHT.
HERE'S HOW YOU FILE A COMPLAINT.
UM, AND I THINK I AM STILL TECHNICALLY IN THE WORKING GROUP.
UM, SO I AM HAPPY TO, UH, LOOK AT THAT STATEMENT AS WELL.
UM, REALIZE THAT I'M ON BOTH WORK IN GROUPS.
UM, SO, UH, ON THE OTHER WORKING GROUP, THE KIND OF BIG, WHAT I'VE CALLED THE KITCHEN SINK WORKING GROUP, UM, I KNOW THAT COMMISSIONER GREENBERG CIRCULATED SOMETHING FOR US TO LOOK AT.
I DON'T KNOW IF IT'S NECESSARILY READY FOR DISCUSSION.
UM, BUT IF YOU WANNA, UH, KIND OF FORECAST FOR EVERYONE, UH, KIND OF WHAT YOU SENT AROUND, UM, FOR POSSIBLE DISCUSSION FUTURE.
OH, UM, I WAS JUST SUGGESTING, UM, SOME CHANGES TO THE, I THINK IT'S THE PERSONAL FINANCIAL STATEMENT THAT THE COUNCIL MEMBERS HAVE TO FILE STATEMENT OF FINANCIAL, UM, INFORMATION THAT MIGHT MAKE MORE CLEAR WHEN THEY HAVE A CONFLICT OF INTEREST OR, OR EVEN WHEN THEY DON'T HAVE A CONFLICT OF INTEREST.
I THOUGHT IT WAS INTERESTING IN THE, UM, PRESENTATION THAT IT'S IMPORTANT TO ALSO AVOID THE APPEARANCE OF A CONFLICT.
AND SO THE, YOU KNOW, IF THERE'S MORE DETAIL ON THAT STATEMENT, BUT, UM, I THINK THAT THE WORKING GROUP NEEDS TO DISCUSS IT.
AND THEN, UM, WE CAN TALK ABOUT IT IN THE LARGER GROUP.
I WAS WONDERING ABOUT THE SURVEY AT ONE POINT WE, UM, APPROVED A SURVEY, BUT I DON'T KNOW IF ANYONE GOT SURVEYED.
SO WE, THE BIGGEST WORK TO BE DONE ON THAT IS TO OBTAIN ALL THE EMAIL ADDRESSES ADDRESSES FOR PRIOR PARTIES AND ATTORNEYS.
AND SO IT'S JUST A WORKLOAD ISSUE.
AND, UM, SO, AND I HAVE NOT ASKED LIZETTE TO START ON THAT YET, AND SHE'S CURRENTLY COVERING FOR ANOTHER EMPLOYEE, UM, THAT WE LOST IN OUR DIVISION.
SO SHE'S KINDA JUGGLING TWO JOBS RIGHT NOW.
SO WE'RE JUST, IT IS MY HOME KNOWN, BUT YEAH, IT'S UH, OKAY.
THANKS FOR THE REMINDER ON THAT.
AND THANK YOU FOR REMEMBERING IT TOO.
UH, QUESTION FOR MS. CARTER, IS THERE ANYTHING THAT THE WORKING GROUP WORKING GROUP CAN DO TO HELP IN LIGHT OF THAT? WE HATE HEARING THAT, YOU KNOW, Y'ALL ARE SO SWAMPED AND I'M NOT SURE IF ANYBODY ON OUR, ON OUR WORKING GROUP HAS THE CAPACITY, BUT I THOUGHT I'D PUT THE QUESTION TO YOU.
IS THAT, OR IS THAT BAD FORM OR ARE WE JUST WANT TO HELP MAKE PROGRESS? AND IT SEEMS LIKE THIS IS A, MAYBE A, A PERIOD WHERE, UH, WE'RE NOT, WE DON'T HAVE, UM, A HEAVY CASELOAD, SO IT MIGHT BE.
AND, UM, I SAY THAT, BUT I'M NOT NECESSARILY VOLUNTEERING MYSELF.
I'M JUST ASKING YOU IF THAT IS AN OPTION.
AND IF SOMEBODY ELSE ON OUR WORKING GROUP WOULD HAVE THE CAPACITY TO HELP, IS IT A MATTER OF TYPING UP? IS THERE ANYTHING WE CAN DO TO HELP? UM, IF YOU WANTED TO MAKE A LIST OF ATTORNEYS AND PROVIDE THEIR CONTACT INFORMATION FROM THE STATE BAR OF TEXAS WEBSITE, THAT WOULD BE SOMETHING YOU COULD DO, BUT OTHERWISE, I THINK BECAUSE OF THEIR EX PARTE COMMUNICATION PRIVILEGE, IT WOULD BE DIFFICULT FOR YOU TO FIND EMAILS THAT I THINK THERE IS THE CASE WHERE I HAVE FORWARDED EMAILS FROM A PARTY SO THAT YOU WOULD SEE EVIDENCE.
UM, BUT I DON'T KNOW THAT YOU WOULD HAVE, UM, YOU COULD CERTAINLY START MAKE A START ON THAT, BUT, UM, CERTAINLY THE NEWER MEMBERS ARE NOT GOING TO HAVE A LOT OF THE, WE WERE ASSUMING GOING BACK FIVE YEARS.
UM, SO I MEAN, FRED LEWIS WOULD BE, YOU KNOW, EASY
[00:55:01]
ONE, ANDREW KATE'S, UM, THOSE WHO SPRING TO MIND IN TERMS OF ATTORNEYS.UM, BUT I THINK THE TOUGHER THING IS GOING BACK TO THE INDIVIDUALS WHO, UM, FILED COMPLAINTS WITHOUT REPRESENTATION THAT WE JUST WANT TO MAKE SURE WE DON'T LEAVE ANYBODY OUT.
AND THAT THE SURVEY GOES OUT AT THE SAME TIME TO EVERYONE THAT WE HAVE, UM, ADDRESSES FOR FOR THE LAST FIVE YEARS, FOR SOMETHING LIKE A SURVEY, IS THERE, IS THERE A GOVERNING LAW OR MANDATE THAT IF WE MISS ONE PERSON THAT IS A, I WOULD THINK NOT RIGHT.
THERE'S NOT A, THERE'S NOT A FINE, OR IT'S NOT A, I MEAN, WE WANT TO DO DUE DILIGENCE, BUT IT'S NOT LIKE, OH, SINCE YOU PUT THIS OUT HERE, THIS SURVEY HAS TO COVER EVERYONE THAT FITS, THAT MEETS THAT CRITERIA OR ELSE IT'S INVALID OR ELSE THAT'S THE PROBLEM.
AND I, I'M NOT SAYING THAT I'M, I'M SAYING WE WOULD TRY THE ADDRESSES THAT WE HAVE ON FILE, BUT I THINK WHAT THAT REQUIRES IS A SEARCH OF THE ETHICS REVIEW COMMISSION FILE.
AND WHILE LIZETTE AND I HAVE CHANGED THIS PROCESS FOR THE MAJORITY OF THE PAST YEARS, THE COMPLAINTS ARE FILED BASED ON DATE OF THE MEETING.
SO THE INFORMATION IS, IS ALL BY DATE.
UH, NOW WE HAVE A LIST, WE HAVE A LIST OF PRIOR, UM, DECISIONS, HEARINGS, THAT SORT OF THING.
UM, BUT IT STILL IS NOT AN EASY TASK TO SEARCH FOR.
WHEN WAS THE MEETING? WHERE ARE THE COMMUNICATIONS? UM, WHAT WAS SO IT'S, IT'S, IT IS A, IT'S GONNA BE A TIME CONSUMING TASK.
WELL, UH, THANK YOU FOR, UH, ENDEAVORING TO UNDERTAKE IT.
I'M HAPPY TO DO A SEARCH OF MY, MY OUTLOOK INBOX.
UM, AND IF I CAN, UH, HELP, UH, IN, SINCE I'VE GOT AT LEAST AT LEAST FIVE YEARS, I'M TRYING TO THINK IF I WAS YOU, THIS IS, THIS WILL BE MY FIFTH YEAR, SO I SHOULD HAVE A GOOD CHUNK, UM, SOMEWHERE IN MY INBOX, MAYBE AT LEAST HAVE THE ATTORNEYS, UM, SO HAPPY TO HELP, UM, COMMISSIONER MCCORMICK.
AND SOME OF THESE ARE REPEAT PEOPLE THAT WE HAVE.
IT'S KIND OF PEOPLE WHO ARE REGULARS, I GUESS WE WOULD SAY WHO, UM, HELP OTHER PEOPLE BECAUSE THEY'RE KNOWN FOR THEIR EXPERTISE AND WHATEVER THEY'RE THEY'RE DOING HERE.
AND I CAN PROBABLY COME UP OFF THE TOP OF MY HEAD WITH SOME OF THOSE PEOPLE, TOO.
UM, WELL COMMISSIONERS, IS THERE ANY OTHER, UH, DISCUSSION ON THE BIG OLD BUSINESS? UM, HI ADAM.
THEN WE CAN MOVE ON TO APPROVAL OF MINUTES FOR OUR LAST MEETING.
UM, I'M GOING TO ASK OUR NEWLY MINTED SECRETARY ASKING OUR NEWLY
[3. APPROVAL OF MINUTES: MARCH 23, 2022 REGULAR COMMISSION MEETING]
MINTED SECRETARY.UM, IF SHE HAS HAD A CHANCE TO REVIEW THE MINUTES I HAVE AN, I DO HAVE, UM, SOME REQUESTS FOR AMENDMENTS SURE.
UM, AND, UM, AGAIN, MY THINKING IS JUST TO POINT OUT THINGS THAT MAKE A DIFFERENCE WITH COMPREHENSION.
UM, AND SO ON PAGE ONE, AND I THINK MOST OF THESE ARE PUNCTUATION.
SO IN THE, IN THE PARAGRAPH LISTING CITY STAFF IN ATTENDANCE, THE LAST ONE, MIRENA RIOS CITY CLERK SUGGEST THAT WE ADD A, A COMMA AS THE OTHERS.
SO THAT IT'S CLEAR THAT MYRNA RIOS IS THE CITY CLERK.
AND THAT IS ONE PERSON WHO ATTENDED VIA VIDEO CONFERENCE RATHER THAN MYRNA RIOS.
AND THEN CITY CLERK ATTENDED VIA VIDEO CONFERENCE.
UM, SO ADDING A COMMA THERE ON PAGE TWO, IT BE THE SAME PUNCTUATION, UM, NUMBER,
[01:00:02]
ITEM, NUMBER TWO, OUTSIDE COUNSEL, COMMA, STEVE SHEETS, COMMA ADVISE THE COMMISSION DURING THE PRELIMINARY HEARING AGAIN, SO THAT THERE WAS NO QUESTION THAT, UH, STEVE SHEETS IS THE OUTSIDE COUNSEL.AND IT'S NOT THAT HE ADVISED THE COMMISSION OUTSIDE OF COUNCIL AND THEN SAME, UH, ADDITION OF COMMA, AND THEN THE NEXT AND THE NEXT PARAGRAPH OF PARTIES ATTENDING A COMMA AFTER, AFTER ANDREW CATES.
SO THAT IT'S CLEAR THAT ANDREW CATES IS THE RESPONDENT'S ATTORNEY WHO APPEARED IN PERSON AS WELL.
UM, AND THEN ONE LAST ITEM THAT WE WILL SEE POP UP AND RE FOR FOUR PLACES, UH, STARTING IN PAY ON PAGE TWO.
AND IT'S THE LAST BIG PARAGRAPH UNDER ITEM TWO.
SO THIS IS ITEM TWO PRELIMINARY HEARING.
UH, IT IS THE LIST OF THE MOTION AND WHO, AND HOW THE VOTES WENT.
IF I CAN DIRECT YOUR ATTENTION TO THE SECOND HALF OF THAT BIG PARAGRAPH, WHICH STARTS VOTING IN FAVOR OF THE MOTION AND IT LISTS CHAIRS, SOVEREIGN VICE CHAIR, KALE AND COMMISSIONERS DANBURG UM, OH, I'M SORRY.
SO DRAW YOUR ATTENTION TO THAT HERE.
COMMISSIONER DANBURG IS AN ATTENDANCE.
AND THEN SUBSEQUENT, I BELIEVE OF OUR REMEMBER CORRECTLY, UH, COMMISSIONER DANBURG LEFT THE MEETING, IS THAT CORRECT? BEFORE IT WAS ADJOURNED? AND I'M ASKING THAT WE CLARIFY THAT STARTING WITH ITEM NUMBER THREE, NEW BUSINESS IN THE BIG PARAGRAPH LISTING HOW THE VOTING WENT.
IT SAYS THERE SECRETARY LERNER AND COMMISSIONER DANBURG WERE ABSENT.
I THINK IT, IF WE DON'T CLARIFY IT, IT KIND OF BEGS THE QUESTION.
WELL, WELL, WHAT HAPPENED WHEN SHE WAS COMMISSIONER DANBURG WAS PRESENT UP HERE, THEN ALL OF A SUDDEN DANBURG IS ABSENT HERE AND SO FORTH.
SO JUST A CLARIFYING CLAUSE, SOMETHING TO THE EFFECT OF COMMISSIONER IN PARENTHESES, OR WHAT HAVE YOU COMMISSIONED DANBURG LEFT BEFORE MEETING WAS ADJOURNED.
UH, FOR THAT ONE, JUST TO KIND OF, YEAH.
OR TO PAUSE THERE, TO SAY THAT, UH, YOU KNOW, UH, IF, IF WE'RE GOING TO INSERT SOMETHING BEFORE ITEM NUMBER THREE NEW BUSINESS, MAYBE TO SAY COMMISSIONER DANBURY WAS EXCUSED FROM THE REMAINDER OF THE MEETING.
THAT'S BETTER THAN BEING ABSENT CAUSE SHE'S GOT YET.
AND SO THE SAME CLARIFYING CLAUSE ON PAGE FOUR AT THE TOP COMMISSIONERS DANBURG AND LEVIN'S WERE ABSENT AND THEN ITEM FIVE CAN THEN THAT LARGE, UH, FOR, FOR THE PARAGRAPH FOR ITEM FIVE, A SAME THING, RIGHT.
SAYS ABOUT MIDWAY SECRETARY LEARNER, COMMISSIONERS DANBURG AND LEVIN'S WERE ABSENT.
TOWARDS THE END, JUST WHEREVER, WHEREVER WE'RE SAYING CERTAIN COMMISSIONERS WERE ABSENT.
COULD WE REPLACE THAT WITH EXCUSED OR LEFT BEFORE THE, UM, SO IT'S UH, IT'S ONCE, RIGHT.
SO FOR EXAMPLE, I THINK, UH, BECAUSE WE, UM, TAKE UP THESE ITEMS CHRONOLOGICALLY, UM, WITH RARE EXCEPTION, UM, I THINK LISTING KIND OF WHERE IN THE TIMELINE, UH, COMMISSIONER WAS EXCUSED FROM THE RIBCAGE TO THE MEETING, I THINK SHOULD BE SUFFICIENT TO GIVE NOTICE THAT WHERE THEY SEE THAT THE PERSON IS ABSENT IN SUBSEQUENT VOTES.
THEY WILL HAVE SEEN IF THEY'RE READING THROUGH THE MINUTES, THEY WILL HAVE SEEN THAT.
UM, SO THEN AT FIRST MENTION OF COMMISSIONER 11, ABSOLUTE, WOULD IT BE THE SAME FOR COMMISSIONER LEVIN IS WHEN HE, WHEN HE STARTED, I THINK IT WOULD BE WHERE ON PAGE FOUR FOR COMMISSIONER LEVIN'S CORRECT.
I THINK IT WOULD HAVE BEEN, UH, I THINK IT WAS PRIOR TO OUR EXTENSION OF THE MEETING PAST 10 O'CLOCK, BUT BEFORE WE HAD FORMALLY MOVED ONTO ITEM NUMBER FIVE.
SO I THINK IF ANYWHERE AND COMMISSIONER LEVIN'S, YOU CAN CORRECT ME IF MY MEMORY IS NOT CLEAR, BUT I THINK AT THE VERY BOTTOM OF PAGE THREE PRIOR TO AT APPROXIMATELY THAT MIGHT BE WHERE YEAH, I, I LEFT RIGHT BEFORE THAT
[01:05:01]
MOTION AND WAS THERE FOR ABSENT FOR THE REMAINDER OF ME, UH, MS. CARTER.UM, SO I, YEAH, I, SO IT'S EASY TO SAY WHEN COMMISSIONER DANBURG LEFT BECAUSE SHE LEFT DURING A RECESS, UM, ON WHAT HAPPENED ON ITEM FOUR, UM, IS THAT THERE WAS AN ASSURANCE TO COMMISSIONER LEVIN'S THAT THERE WOULD NOT BE ANY ACTION TAKEN AND HE LEFT AND THEN THERE WAS ADDITIONAL DISCUSSION ON ITEM FOUR.
I'M NOT SURE WHICH SPECIFIC AGENDA ITEM, BUT, UH, WE TYPICALLY JUST SAY NO ACTION TAKEN.
SO, UM, I MEAN, I CAN, I CAN SAY COMMISSIONER, UM, UH, LEVIN'S LEFT PRIOR TO THE 10:00 PM OR WAS EXCUSED PRIOR TO THE 10 O'CLOCK VOTE.
UH, YEAH, THEN I THINK, UM, I'M TRYING TO SEE WHERE PRECISELY THAT MIGHT MAKE MOST SENSE TO FIT.
UM, DO YOU WANT ME TO JUST PUT IT RIGHT BEFORE? UM, I COULD GO LOOK ON THE TIME STAMP TO GIVE IT AN APPROXIMATE TIME.
I'M NOT SUGGESTING THAT AT ALL.
I MEAN, I THINK IT WAS, UH, IN THE MIDST OF FOUR D UM, SO I, I THINK THAT IN ANY EVENT IT WOULD MAKE SENSE TO INCLUDE EITHER JUST BETWEEN THE ITEM 40 AT THE BOTTOM OF THREE OR ABOVE, UH, AT APPROXIMATELY, UM, TO THE EXTENT THAT THE TIMING OF MY DEPARTURE IS OF EXTREME IMPORTANCE.
IT WAS, I WAS WALKING OUT AS YOU MADE THE MOTION TO EXTEND PAST 10 O'CLOCK.
UM, BUT IF WE WANT TO JUST BE MEAN TO MS. CARTER, WE CAN TELL HER WE REALLY NEEDED TO GO BACK AND LET'S GET A TIMESTAMP ON WHEN HE WALKED OUT THE DOOR.
AND I'M CERTAINLY NOT GOING TO DO THAT MY FIRST TIME A SECRETARY.
I JUST DON'T SEE A DIFFERENCE BETWEEN, YOU KNOW, THE STATEMENT THAT WE WERE GOING TO INCLUDE FOR COMMISSIONER DANBURG EXCUSE FOR THE MAIN OF THE MEETING.
IT'S THE SAME LOGIC, ISN'T IT? HERE IS WHERE WE RECORD THE VOTES.
AND WE JUST SAY HERE AND COMMISSIONER LEVIN'S WAS EXCUSED FOR THE REMAINDER OF YES.
I THINK, I THINK THAT'S, I THINK THAT'S GOING TO BE SUFFICIENT TO SAY FOR ME, IT'S CONSISTENT WITH, WITH HOW WE DID IT FOR COMMISSIONER DAN.
SO I'LL JUST RECAP REAL QUICK.
JUST PAGE ONE, COMMA AFTER CITY CLERK, PAGE TWO, COMMA AFTER STEVE AND A COMMA AFTER ANDREW, KATE, AND THEN PAGE TWO TOWARDS THE BOTTOM COMMISSIONER DANBURG WAS EXCUSED FOR THE REMAINDER OF THE MEETING.
AND THEN ON PAGE FOUR AT THE TOP COMMISSIONER LEVIN'S WAS EXCUSED FOR THE REMAINDER, FROM, FROM THE REMAINDER OF MEETING FOR WHICHEVER.
I THINK IT WOULD BE MORE APPROPRIATE TO PUT THE COMMISSIONER.
DAN BERG WAS EXCUSED WHERE THERE AT THE RECESS.
I'LL TAKE, YOU KNOW, RIGHT BEFORE THE RECESS.
MIDDLE OF PAGE TWO BEFORE THREE, BETWEEN THREE AND RECESS, AND THEN BOTTOM OF PAGE THREE FOR COMMISSIONER LEVIN'S BETWEEN ITEM FOUR AND AT APPROXIMATELY IS THAT, DID I MISS SOMETHING THAT'S GREAT THEN I THINK WE'VE RECORDED THE YES.
SO COMMISSIONER GREENBERG, UM, RAISED, POINTED OUT SOMETHING BY EMAIL EARLIER THAT THE, ON THE APPROVAL OF THE MINUTES, THE VOTE WAS ACTUALLY 7 0 2 1 FOR EACH OF THOSE, THERE WAS ONE EXTENSION ON EACH.
UM, BUT, UM, SO THAT WILL BE ANOTHER CORRECTION TO MAKE.
THEN WITH THOSE CORRECTIONS, UH, IS THERE A MOTION TO APPROVE THE MINUTES? I SEE COMMISSIONER GREENBERG AS AMENDED AS YES.
[01:10:01]
WITH THOSE CORRECTIONS NOTED.HOW SECOND SECONDED BY COMMISSIONER TENANT.
I WILL JUST DO AN, ALL THOSE IN FAVOR.
AND ALL OPPOSED SEEING NONE, ANY ABSTENTIONS, SEEING NONE UNANIMOUS BY VOTE? SHAY VEEVA, I THINK IS THE FUN LATIN PHRASE.
[4. FUTURE AGENDA ITEMS AND ANNOUNCEMENTS]
UH, FUTURE AGENDA ITEMS AND ANNOUNCEMENTS.UM, SO THERE WASN'T ANYTHING THAT WAS IDENTIFIED AT OUR LAST MEETING.
I DON'T THINK, UM, I COULD BE WRONG, UH, BUT, UH, THERE IS SOME OTHER INFORMATION.
I SEE KISS CITY COUNCIL, CANDIDATE FORUM, AND PLANNING UPDATE FOR THE MAY REGULAR MEETING.
SO GO AHEAD, MS. CARTER, UM, WE, WE EXPECT THE, UH, COMMUNICATIONS PUBLIC INFORMATION OFFICE TO GIVE US THE LOCATIONS OF THE CANDIDATE FORUMS FOR NEXT FALL.
SO THEY SHOULD HAVE, UM, THOSE PICKED OUT AND BE READY TO PRESENT THOSE TO YOU BY MAY.
ANYTHING ELSE THAT COMMISSIONERS WOULD LIKE THROWN ONTO A FUTURE AGENDA GOING ONCE GOING TWICE? UM, UH, THE, THE ONE THING THAT I THINK I WOULD LIKE TO INCLUDE ON A FUTURE AGENDA JUST FOR EVERYONE'S AWARENESS IS TO THINK, UM, TO THINK ABOUT THE WORKING GROUPS THAT WE CURRENTLY HAVE AND HOW WE MIGHT, HOW WE MIGHT STREAMLINE THINGS OR RETHINK THINGS.
AND I'D SAY THAT JUST BECAUSE IT LOOKING AT THE AGENDA, UM, IT, I THINK A GOOD THIRD OF IT IS, UM, THE WORKING GROUP AND WHAT IT HAS OR COULD POTENTIALLY DISCUSS.
UM, AND I WOULD LIKE TO TALK ABOUT THAT.
THAT PROBABLY IS, WE'RE PROBABLY ALREADY AGENDIZED FOR THAT.
IF WE'RE TALKING ABOUT THE WORKING GROUP COULD BE WRONG IN ANY EVENT, JUST WANTED TO MAKE THAT AS SOMETHING I WOULD LIKE TO DISCUSS AND THINK ABOUT HOW TO JUST IMPROVE, UH, THIS WORKING GROUP IDEA THAT WE'VE HAD, AND THAT WE'VE BEEN RELYING ON FOR A FEW YEARS NOW, UM, TO POTENTIALLY PRODUCE RECOMMENDATIONS IN A MORE EFFICIENT WAY.
LET'S SEE IF YOU HAVE A GO AHEAD.
I DIDN'T SURE YOUR SUGGESTION.
SO, UH, THE, THE KIND OF MORE FULL TELLING OF WHAT I'M THINKING, WE HAVE HAD A WORKING GROUP ON, IN SOME WAY SHAPE OR FORM A WORKING GROUP ON SANCTIONS PROCEDURES AND OTHER ISSUES SINCE I BELIEVE THE YEAR OF OUR LORD 2019.
AND, UM, I, AND THERE HAVE BEEN, THERE HAVE BEEN IDEAS THAT HAVE COME FROM IT.
UM, BUT I THINK IT'S WORTH THINKING KIND OF CRITICALLY ABOUT HOW WE THINK OF HOW WE PROPOSE IDEAS MOVING FORWARD TO MAKE RECOMMENDATIONS THAT ARE KIND OF SUBSTANTIVE TO WHAT THE COMMISSION FUNDAMENTALLY IS AND HOW IT DOES ITS WORK.
UM, THE, THE KITCHEN SINK METHOD IS, UM, UH, IF, IF WE'RE LOOKING AT RESULTS, UH, IT'S BEEN, IT'S BEEN A SLOW PROCESS.
AND SO I'M JUST INTERESTED IN TALKING ABOUT IDEAS TO, UH, GET BETTER IDEA GENERATION.
AND IT'S SOMETHING THAT'S RELATED TO, UM, AN IDEA THAT I HAD BROUGHT UP FOR ANOTHER COMMISSION, WHICH IS PERHAPS LOOKING AT A MORE PROJECT-BASED WORK.
UM, SO SOMETHING, SOMETHING TO CONSIDER.
I I'D LIKE TO PUT THAT TOPIC CURRENTLY AGENDA.
I ALSO HAVE ANOTHER TOPIC THAT I'D LIKE TO PUT ON THE AGENDA FOR, FOR FUTURE.
UM, AND I THEN THINK ABOUT THIS EARLY WEEK, WE HAVE A TOPIC IS OLD BUSINESS, RIGHT? CONTENT OF THE AGENDA FOR FUTURE MEETINGS, INCLUDING DESCRIPTION OF COMMISSIONS, JURY JURISDICTION, AND OR FUNCTIONS.
I'D LIKE TO ADD TO THAT THE LIST OF MEETINGS.
SO WITH EVERY MEETING AGENDA THAT WE HAVE, WHEN'S THE NEXT, WHEN'S THE NEXT MEETING, RIGHT? IF WE COULD HAVE A TABLE, AND I KNOW WE JUST GOT THAT FINALIZED, THERE WAS SOME CAUSE THERE'S TWO MONTHS THAT IT'S DIFFERENT.
AND SO IT JUST WOULD BE A GOOD REMINDER.
WE LOOK AT IT, IT'S LIKE, OKAY,
[01:15:01]
WE'VE MET.AND IT DOES THE DATE THAT THE TABLE DOESN'T HAVE TO CHANGE.
IT CAN BE THE SAME TABLE, BUT WE SEE, OKAY, WE WE'VE MET HERE.
THIS IS THE, THIS IS THE APRIL MEETING.
THE NEXT, UH, MONTH MEETING IS MAY 23RD OR 24.
I, IF I CAN MAKE A FRIENDLY SUGGESTION, UM, BECAUSE MEETINGS CAN BE KIND OF VARIABLE AND BE CANCELED AND RESCHEDULED AND SPECIAL CALLED MEETINGS MAY COME UP.
MY SUGGESTION WOULD BE IF ANYTHING, UM, INSTRUCTIONS ON WHERE TO FIND INFORMATION ON THE NEXT MEETING.
UM, IF, FOR EXAMPLE, UH, THERE IS A HEARING AND WE'RE COMING CLOSE TO A DEADLINE, OR THE SCHEDULING WORKS OUT FOR THE PARTIES THAT THERE NEEDS TO BE A SPECIAL CALLED MEETING THAT MAY NOT BE CAPTURED IN THE AGENDA, OR ALTERNATIVELY, IF WE HAVE A INCREDIBLY LIGHT MEETING FOR THE NEXT MONTH, UM, AND ATTENDANCE, UH, WOULD BE LACKING SOMETIMES THAT'S CAUSED FOR ME TO SAY, OKAY, WE'RE NOT GOING TO HAVE A MEETING ON THIS MONTH.
AND SO THEN, UH, THE, JUST TO KIND OF PRESERVE THE ACCURACY OF THE AGENDA WHEN IT'S POSTED, SO THAT WE'RE NOT MAKING A PROMISE THAT WE CAN'T KEEP SO TO SPEAK OR MISLEADING SOMEONE TO THINK THAT THERE'S NOT GOING TO BE A MEETING, IF THERE'S A SPECIAL CALLED MEETING.
SO I THINK, UM, AN INSTRUCTION OF SOME KIND OF SAY THAT ON OUR WEBSITE HERE, YOU CAN FIND PAST AND FUTURE MEETINGS MIGHT BE THE BEST WAY TO GO.
UM, I UNDERSTAND THAT POINT, BUT THAT WAS KIND OF THE WHOLE POINT OF PUTTING INFORMATION ON HERE SO THAT IT'S NOT, NOT EVERYONE HAS THE ACCESS TO, OH, TO FIND OUT WHAT WE DO GO TO THIS WEBSITE.
IT'S I ALWAYS FIND THAT KIND OF FRUSTRATING.
I'D LIKE TO SEE, AND PERHAPS WE COULD JUST PUT A DISCLAIMER, WOULDN'T THAT WORK JUST AS DISCLAIMER, STATEMENT THAT THE SCHEDULE MIGHT CHANGE OR HERE IT MAY CALL SPECIAL MEETINGS, BUT AS OF THE, AS OF THE PRINTING OR, OR PUBLICATION OF THIS AGENDA, THIS IS THE SCHEDULE, AS WE KNOW IT.
COMMISSIONER MCCORMICK ON THE WEBSITE, UNDER OUR COMMISSION OVER ON THE RIGHT-HAND SIDE, UP AT THE TOP, IT TELLS WHEN WE MEET AND ET CETERA, UH, AND IT HAS AGENDAS.
SO IF YOU GO TO BOARDS AND COMMISSIONS AND GO TO THAT, IT WILL HAVE THE LATEST THING IN THERE.
AND, UH, WHEN WE NEXT MEET AND ET CETERA, PLUS THERE'S A LEFT SOMEWHERE OF WHAT, WHAT WE HAVE HAD AT THIS MEETING.
UM, UH, AN ADDITIONAL THOUGHT IS, UH, POTENTIALLY, UM, AND LEN YOU CAN TELL ME IF THIS IS UNFEASIBLE FOR WHATEVER REASON, BUT THERE'S A SCHEDULE THAT WE ADOPT, UM, YES, ONCE EVERY 12 MONTHS, UM, AND POTENTIALLY INCLUSION OF THAT SCHEDULE.
IF NOT THAT, IF NOTHING ELSE LIKE A BULLET, A TWO COLUMN BULLET POINT LISTS THAT WE'RE NOT TAKING UP TOO MUCH SPACE WITH THE DISCLAIMERS.
I THINK, UM, ANY LYNN CARTER, GO AHEAD.
UH, I WILL CHECK WITH THE CITY CLERK'S OFFICE ABOUT THAT BECAUSE I THINK WE'RE SUPPOSED TO BE CONSISTENT HOW THE BOARDS FOLLOW THEIR MEETINGS.
AND GENERALLY WE DO WHAT COUNCIL DOES WITH ITS AGENDA.
SO THAT WOULD BE UNIQUE, BUT THE, OUR WEBPAGE, THE FIRST PAGE, IF YOU WERE TO SEARCH ETHICS, REVIEW COMMISSIONER, LOOK UNDER BOARDS AND COMMISSIONS, THE WEBPAGE HAS THE LIST OF MEETINGS ON THAT FIRST PAGE.
UM, I CAN OPEN IT UP PLUS AGENDA PLUS MEMBERS PLUS.
SO, UM, WOULD IT BE OKAY THEN TO, UH, GET CLARIFICATION ON WHAT WE, WHAT WE CAN DO TO THE AGENDA IN THAT REGARD? COOL.
REMINDS ME, I SHOULD UPDATE MY PERSONAL CALENDAR WITH SOME OF THESE DATES.
AND THAT, THAT'S KINDA TO MY POINT, BECAUSE I THOUGHT THAT THAT TOO, I FINALLY WENT THROUGH MY EMAIL CHECK, YOU KNOW, RESPONDING TO THE MEETING DATES AND NOTICE OH, THAT'S RIGHT.
THERE WERE TWO DATES THAT WERE NOT THE USUAL.
WE DON'T EVEN HAVE A STATEMENT OF WHEN WE MEET.
WHAT IS IT TYPICALLY THE FOURTH, THIRD, WEDNESDAY OF THE MONTH? JUST IF SOME FOURTH, FOURTH, WEDNESDAY OF THE MONTH.
[01:20:01]
MY INTENTION IN BRINGING THIS UP WAS NOT TO OPEN DISCUSSION, BUT IT WAS TO REQUEST THAT THIS TOPIC BE ADDED, RIGHT.FOR A FUTURE AGENDA TOPIC AND BE HAPPY TO DISCUSS THAT MORE.
YEAH, NO, THAT IS, I THINK THAT IS FINE.
WHERE IF, UM, WHAT WE COULD INCLUDE IN, WELL, I THINK IT WOULD BE UNDER THE NEW BUSINESS IT'S WELL TAKEN AND I THINK THAT'S WORTH IT.
UM, ANY, ANY OTHER FUTURE BUSINESS GOING ONCE, TWICE LOOKING AT COMMISSIONER KALE? I THINK WE'RE GOOD.
THEN IN THAT CASE WHERE WE ARE GOOD TO GO TO END OUR MEETING, WHICH I THINK THIS IS THE EARLIEST WE'VE ENDED A MEETING IN OH.
UM, SO WITH THAT, UH, THE ETHICS REVIEW COMMISSION IS NOW ADJOURNED.
ENJOY YOUR WEDNESDAY EVENING BEFORE EIGHT O'CLOCK NONETHELESS.