Oct 26, 2022 Ethics Review Commission

ITEM THREE, WHICH IS THE PRELIMINARY HEARING.

THEN WE WILL MOVE ONTO AGENDA

[3. A complaint filed by Julie Oliver against Richard Smith, raising claimed violations of City Code Chapter 2-2 (Campaign Finance), Section 2-2-14 (Disclosure of Compliance with Chapter).]

UM, UH, IF THE PARTIES AND OR COUNSELS WANT TO, UH, APPROACH AND SIT AT YOUR MICROPHONE OF CHOICE, UM, AND APPRECIATE IT, I'M GONNA START WALKING THROUGH, UM, WHAT, UH, WHAT IS GONNA HAPPEN NEXT.

SO FIRST, UM, I'M JUST GOING TO ANNOUNCE THE PARTIES PRESENT.

UM, SO STARTING WITH THE COMPLAINANT, IF YOU COULD PLEASE STATE YOUR NAME, UM, AND THEN I'LL GO TO COUNSEL FOR THE COM, UH, RESPONDENT AND HAVE HIM INTRODUCE HIMSELF AS WELL.

SO, COMPLAINANT, GO AHEAD.

MY NAME IS JULIE OLIVER.

MEMBERS OF THE COMMISSION CAN ASK QUESTIONS.

AND COUNSEL FOR THE RESPONDENT, JOHN BUCKY.

FOR RICHARD SMITH.

THANK YOU SO MUCH.

UM, SO THIS IS REGARDING AN ORIGINAL COMPLAINT THAT WAS FILED ON SEPTEMBER 29TH, 2022.

THE ISSUE AT THIS PRELIMINARY HEARING IS WHETHER REASONABLE GROUNDS EXIST TO BELIEVE THAT A VIOLATION OF CITY CO OF A CITY CODE PROVISION WITHIN OUR JURISDICTION HAS OCCURRED.

SO OUR REGULAR PRACTICE IS TO GIVE EACH OF THE PARTIES 10 MINUTES TO PRESENT THEIR POSITIONS AT A PRELIMINARY HEARING ON A COMPLAINT.

UM, WHILE THE STATEMENTS ARE UNDER OATH, THERE'S NO CROSS EXAMINATION ALLOWED.

UM, AFTER EACH PARTY COMPLETES THEIR PRESENTATIONS, THE

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UH, NO WITNESSES OTHER THAN THE PARTIES OR THEIR COUNSEL ARE PERMITTED TO MAKE STATEMENTS AT THE PRELIMINARY HEARING.

UM, I'LL ALSO JUST ADD, UH, IN LIGHT OF SOME RECENT EXPERIENCE, THAT ONCE THE PRESENTATIONS ARE COMPLETE, PLEASE ONLY ANSWER QUESTIONS THAT ARE ASKED OF COMMISSION MEMBERS.

UM, AND, UH, PLEASE REFRAIN FROM INTERJECTING OUT OF TURN.

GREATLY APPRECIATED.

UH, SO FOLLOWING THE PRESENTATION OF THE PARTIES, THE COMMISSION MAY CHOOSE TO RETURN TO EXECUTIVE SESSION TO RECEIVE LEGAL ADVICE IN COUNSEL WITH RESPECT TO CERTAIN LEGAL ISSUES.

AND FOLLOWING ANY SUCH ADDITIONAL EXECUTIVE SESSION, THE COMMISSION WILL VOTE IF SIX MEMBERS OF THE COMMISSION VOTE TO DETERMINE THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION OF THE CITY CODE WITHIN OUR JURISDICTION HAS OCCURRED, THE COMMISSION WILL SCHEDULE A FINAL HEARING.

UH, THAT IS THAT.

SO WHAT WE WILL DO, UM, I WILL KEEP A TIMER HERE.

UM, USUALLY THAT IS A JOB FOR SOMEONE ELSE, BUT THAT IS FINE.

DO YOU NEED ME TO DO IT? I TIMER ON THE SYSTEM THAT'S, WE HAVE, THAT'S A LITTLE, THAT'S PRETTY FANCY.

UM, I THINK, UH, I, I'M HAPPY TO, UH, KEEP THE TIME.

UM, WOULD YOU LIKE A THREE MINUTE, TWO MINUTE, ONE MINUTE WARNING? HOW WOULD YOU LIKE, UH, I, LIKE YOU GIVE US 10 MINUTES.

UM, I WON'T EVEN TAKE 10 MINUTES.

YEAH, YEAH, SURE.

THAT'LL BE QUESTION, UM, JUST IN CASE.

I'LL GIVE YOU A ONE MINUTE WARNING.

SO WHENEVER YOU ARE READY, UM, YOU CAN GO AHEAD OKAY.

AND START YOUR PRESENTATION.

AND THANK YOU FOR, FOR JOINING, UH, THIS EVENING.

I KNOW THERE ARE A LOT MORE THINGS THAT Y'ALL COULD BE DOING ON THIS EVENING THAN, UM, SITTING HERE LISTENING TO MY COMPLAINT, BUT THANK YOU FOR DOING THAT.

UM, I GUESS IT WAS ABOUT, UH, A MONTH AGO I FILED THIS, UH, THIS ACTION AND IT WAS REALLY BASED ON, ON THREE OF, UM, THE CAMPAIGN MATERIALS OF MR. SMITH.

AND IT WAS A PUSH CARD SLASH DOOR HANGER, UM, HIS YARD SIGN AND A SCREENSHOT OF HIS WEBSITE THAT I THINK Y'ALL SHOULD HAVE COPIES OF.

AND IT JUST DIDN'T HAVE THE DISCLOSURE THAT SAID, THE CAMPAIGN HAS AGREED NOT TO COMPLY WITH THE CONTRIBUTION EXPENDITURE LIMITS OF THE AUSTIN FAIR CAMPAIGN, UH, CHAPTER.

AND SO I SUBMITTED THAT, LIKE I SAID, JUST, JUST UNDER A MONTH AGO OR SO.

AND, UM, AT THAT TIME, HIS CAMPAIGN MATERIALS DID NOT HAVE THAT REQUIRED DISCLOSURE.

AND THAT'S IT.

, I TOLD YOU I WOULDN'T TAKE THE FULL 10 MINUTES.

SURE ENOUGH, TRUE TO YOUR WORD.

UM, BUT I DON'T THINK YOU TOOK ONE MINUTE.

UM, ALRIGHT, UH, THEN IF, IF THERE'S NOTHING ELSE TO ADD, THEN WE CAN TURN IT OVER TO COUNSEL FOR THE RESPONDENT.

YOU HAVE 10 MINUTES AS WELL.

AND THEN A NON-INCUMBENT ON THE FOUR WOULD BE REQUIRED TO HAVE, UM, THE ETHICS COMMISSION.

UM, THANK YOU GUYS FOR YOUR TIME THIS EVENING.

UH, APPRECIATE EVERYBODY BEING HERE.

UM, YES, AF UPON RECEIVING THE COMPLAINT, UM, MR. SMITH AND HIS CONSULTANTS LOOKED AT ALL OF THE MATERIAL THAT HAD BEEN SUBMITTED AND THE AUSTIN CITY CODE AND CAME TO THE CONCLUSION THAT IN FACT THEY WERE MISSING THE DISCLAIMERS.

UM, YOU CAN SEE FROM RESPONDENT'S EXHIBIT A, WHICH IS A REPRINT OF MR. SMITH'S PUSH CARD AT THE VERY BOTTOM THAT THE DISCLAIMER NOW IS ON HIS PUSH CARD RESPONDENT'S.

EXHIBIT B IS SECOND PAGE.

IT'S JUST THE VERY BOTTOM OF HIS WEB PAGE, KIND OF JUST FOR BREVITY THERE.

BUT YOU CAN TELL, UM, ON THE VERY LAST, HE HAS THAT DISCLAIMER THERE.

RESPONDENT'S EXHIBIT C IS A REPRINT OF HIS YARD SIGN, AND YOU CAN TELL ON THE BOTTOM THAT THAT REQUIRED, UH, DISCLAIMERS INCLUDED THERE.

AND THEN EXHIBIT D IS A, UH, STICKER THAT MR. SMITH'S CAMPAIGN HAD PRINTED AND HAVE PUT ON ANY OFFENDING SIGNS THAT THEY'VE BEEN ABLE TO FIND AT THIS POINT IN TIME.

UM, SO THEY'VE IMMEDIATELY TAKEN THOSE ACTIONS.

UM, WE WOULD ASK THE COMMISSION TO, UH, CONSIDER THIS.

AND, YOU KNOW, THE ETHICS ETHICS COMMISSION HAS THEIR RULES WHICH GIVE GUIDANCE ON WHAT A TECHNICAL CLERICAL OR DE MINIMUS VIOLATION IS.

AND THREE OF THE THINGS THAT THEY, UH, IDENTIFY THERE IS THE FAILURE TO CONCLUDE AND TO INCLUDE A DISCLOSURE STATEMENT ON POLITICAL ADVERTISING.

UH, FAILURE TO INCLUDE FAILURE OF A NON-INCUMBENT TO USE THE WORD FOR, AND A CAMPAIGN COMMUNICATION THAT IS NOT OTHERWISE MISLEADING AND FAILURE TO INCLUDE THE RIGHT OF WAY NOTICE ON POLITICAL ADVERTISING.

SO BASICALLY THE THREE THINGS THAT A, ANY CANDIDATE

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OBVIOUSLY THAT'S NOT BINDING ON THIS COMMISSION, BUT IT IS, YOU KNOW, A GOOD, GOOD BIT OF INFORMATION THERE.

RULES HAVE TO BE TECHNICAL, CLERICAL OR DE MINIMUS, UM, WITH THE PARTY, YOU KNOW, TAKING, UH, RESTORATIVE ACTIONS TO CORRECT HIS MISTAKES, WHICH HE HAS CLEARLY IN THIS INSTANCE FROM THE EVIDENCE.

UM, SO, YOU KNOW, THIS WAS HIS FIRST TIME TO RUN FOR OFFICE OR SOME FIRST TIME TO RUN FOR AUSTIN CITY OFFICE, UM, AND, YOU KNOW, WAS JUST UNAWARE OF THIS.

SO YES, IT DID, BUT HE IS CORRECTED IT ALL.

WE WOULD ASK THAT IT BE A, YOU KNOW, DO MINIMUS TECHNICAL VIOLATION.

WELL, THANK YOU.

UM, GOT SEVEN MINUTES IF YOU HAVE ANYTHING ELSE YOU'D LIKE TO ADD.

NO, THANK YOU.

OKAY, THEN, UH, WE'LL PROCEED TO QUESTIONS FROM COMMISSION MEMBERS.

UM, IF YOU HAVE ANY.

I THINK, UH, SO THE FIRST THING THAT I'LL ASK, UM, UH, I USUALLY DON'T TAKE THE PREROGATIVE AND ASK THE FIRST QUESTION, BUT, UM, EXERCISING THAT PREROGATIVE NOW.

SO, UH, ONE THING THAT, UH, JUST TO REMIND COMMISSION MEMBERS OF AND TO REMIND THE PARTIES OF IS THAT, UH, IF, UH, IF THE RESPONDENT IN A COMPLAINT ADMITS WRONGDOING, THEN THE COMMISSION, UM, CAN PROCEED TO, UH, UH, SANCTIONS PART OF THE PHASE, UH, OR PART OF OUR PROCEEDINGS WITHOUT GOING AND SCHEDULING A FINAL HEARING TO DO THAT AT A LATER DATE.

SO I GUESS MY FIRST QUESTION IS FOR THE RESPONDENT, UM, IS THIS AN ADMISSION, UM, HOWEVER YOU WOULD LIKE TO DESCRIBE IT, TECHNICAL DO MINIMUS, UM, THAT THERE WAS IN FACT A VIOLATION OF CITY CODE? YES, SIR.

OKAY, THAT HELPS.

UM, NOW COMMISSIONERS, UH, QUESTIONS ARE OPEN.

IF YOU GOT COMMISSIONER MCCORMICK, MY QUESTION IS HE IS A LAWYER, A FORMER JUDGE OR WHATEVER, I DON'T KNOW WHO DID HIS CAMPAIGN, BUT LOOKS LIKE THAT HE WOULD HAVE LOOKED AT EVERYTHING THAT HE WAS SUPPOSED TO DO.

UM, THAT IT SEEMS KIND OF SIMPLE TO ME THAT HE DIDN'T, WHY DIDN'T HE DO IT? I, I DON'T HAVE THE ANSWER TO THAT QUESTION.

I, I APOLOGIZE.

UM, HE WASN'T JUST SOMEBODY OFF THE STREET THAT WAS RUNNING.

NO, MA'AM.

AND OBVIOUSLY EVERYBODY WAS HELD TO THE SAME STANDARD, BUT I MEAN, OBVIOUSLY LIKE I BROUGHT FORTH THE ETHICS COMMISSION RULES, THESE INSTANCES DO HAPPEN, ESPECIALLY WITH FIRST TIME CANDIDATES.

UM, THERE ARE, YOU KNOW, A A PLETHORA OF RULES AND REGULATIONS, YOU KNOW, FROM THE STATE LEVEL DOWN TO THE CITY LEVEL.

UM, YOU KNOW, LIKE I SAID, WE'VE TAKEN IMMEDIATE CORRECTIVE ACTION.

UM, UH, SO I, I DON'T KNOW WHY IT WAS NOT DONE IN THE FIRST PLACE.

MA'AM, I HAVE, I HAVE ANOTHER QUESTION.

UM, EXHIBIT D I WASN'T, UH, THANK YOU FOR GIVING THAT TO US AND I JUST WANNA CLARIFY WHAT IT WAS BECAUSE I WASN'T, I DIDN'T KNOW WHAT IT WAS UNTIL YOU SAID IT.

UM, SO IT'S A STICKER THAT WAS PLACED ON CERTAINLY.

SO YEAH, THIS HAS BEEN PRINTED.

UM, AND HE, EXHIBIT C IS HIS NEW YARD SIGN DESIGN.

SO ANYTHING THAT'S BEEN PRINTED SINCE THE COMPLAINT HAS BEEN THE DESIGN FOR EXHIBIT C WITHIN EXHIBIT D IS FOR ROAD SIGNS AND EXISTING YARD SIGNS TO GO ADHERE TO THE SIGN TO THEN HAVE THE DISCLAIMER ON IT.

OTHER, OTHER QUESTIONS? COMMISSIONERS? UM, COMMISSIONER LAURIE HAS A QUESTION.

OH YES.

COMMISSIONER LAURIE.

UM, SO WOULD THIS STICKER, I'M JUST CURIOUS, WHAT WAS THE REMEDIATION ACTION LIKE? DID YOU GO, DID SOMEBODY GO AROUND THE CITY LOOKING FOR SIGNS AND STICK THE STICKER? YES.

AS FAR AS YOU KNOW, UH, THE BIG, YOU KNOW, FOUR BY EIGHT, FOUR BY FOUR ROAD SIGNS, YOU KNOW, HE KNEW WHERE THOSE WERE, SO THAT WAS TAKEN CARE OF.

UM, YARD SIGNS OBVIOUSLY A LITTLE BIT MORE COMPLICATED CUZ THOSE CAN GET, YOU KNOW, KIND OF OUT INTO THE WILD, IF YOU WILL, WHERE, YOU KNOW, IF YOU TAKE ONE EDIT EVENT OR SOMETHING, WE DON'T NECESSARILY KNOW THAT YOU HAVE IT, BUT FOR ALL OF THE SIGNS THAT HE'S FOUND, YOU KNOW, THAT HE GOES BY, HE PUTS 'EM ON THAT.

AND THEN COMMISSIONER GREENBERG.

UH, COMMISSIONERS, ANY OTHER, OH, SECRETARY STANTON.

GO AHEAD.

YES, I HAVE A QUESTION FOR CLARIFICATION.

UM, FOR, FOR COUNSEL IS THE ITEMS THAT THAT DID NOT SHOW, UM, THAT THE SIGNAGE, THE DISCLAIMER WAS THERE, FOR EXAMPLE, LIKE THE WEBSITE DOES THAT NOW HAVE THE APPROPRIATE DISCLAIMER

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IF, IF I MAY, THAT'S RESPONDENT'S EXHIBIT B.

UM, AND THAT'S A TWO PAGE EXHIBIT AND RESPONDENTS B PAGE TWO, THE VERY BOTTOM, I GUESS IT'S THE MIDDLE OF THE PAGE, BUT END OF THE CAMPAIGN WEBSITE HAS THAT DISCLAIMER ALONG WITH HIS, YOU KNOW, POLITICAL ADVERTISEMENT PAID FOR DISCLAIMER.

COMMISSIONER GREENBERG, DID YOU HAVE A, OKAY.

UM, SO IF THERE AREN'T, UM, OTHER QUESTIONS FROM THE COMMISSION, I'M, UH, UH, A, THE FLOOR IS OPEN TO MAKE A MOTION IF ANYONE WANTS TO MAKE IT.

I HAVE A QUESTION I MIGHT ASK.

UM, IT'S, THIS IS JUST A LITTLE QUICKER THAN ANY OTHER PRELIMINARY HEARING HAS GONE IN RECENT MEMORY COMMISSION.

YUKO COMMISSIONER 10 YUKU, GO AHEAD.

YES, I WOULD JUST LIKE TO ASK, UM, THE SIGNS, I SEE THAT YOU REPRINTED THEM AND EVERYTHING, BUT DID YOU DO ANYTHING OR HAS ANYTHING BEEN DONE ON, LIKE, FOR EXAMPLE, HIS SOCIAL MEDIA PLATFORM TO MAKE THAT ANNOUNCEMENT OR ASK FOR IF ANYBODY HAS SIGNS WE'D LIKE TO, WE HAVE A CORRECTION WE NEED TO MAKE, OR ANY ATTEMPTS LIKE THAT CONSIDERED OR DONE? UM, I DO NOT KNOW THE ANSWER TO THAT QUESTION, UM, IF THAT'S BEEN CONSIDERED OR DONE, BUT I MEAN, OBVIOUSLY IF, IF THAT'S SOMETHING THAT THIS COMMISSION FEELS IT NEEDS TO BE DONE, YOU KNOW, WE CAN PUT THAT OUT THERE FOR FOLKS THAT, YOU KNOW, IF YOU HAVE A SIGN AND IT DOESN'T HAVE THIS DISCLAIMER, PLEASE LET US KNOW AND WE CAN GET A STICKER FOR IT.

YOU KNOW HOW MOMMY TOOK HIM TO DAWN? OH, SORRY.

DO YOU KNOW HOW LONG IT TOOK HIM TO MAKE THESE REMEDIAL STEPS? UM, I KNOW IT WAS A MATTER OF DAYS, OBVIOUSLY, YOU KNOW, LIKE A WEBSITE CAN BE UPDATED RELATIVELY INSTANTANEOUSLY.

UM, YOU KNOW, GETTING SOMETHING STICKERS PRINTED TAKES A DAY OR SO, THEN YOU GOTTA GO FIND THEM, ALL THOSE KIND OF THINGS.

SO, BUT IT WAS VERY, VERY SHORT PERIOD OF TIME AFTER THE COMPLAINT WAS FILED.

UM, SO AT THIS POINT, MY QUESTION, UH, AND I'LL ASK IT OF THE COMPLAINANT AND THE RESPONDENT.

UM, SO, UH, SINCE THERE'S BEEN AN ADMISSION, WE HAVE THE DISCRETION TO PROCEED IMMEDIATELY TO SANCTIONS.

UM, AND I WANTED TO JUST SPELL OUT WHAT THOSE OPTIONS ARE FOR US AND SEE WHAT THE PARTIES THINK IS APPROPRIATE.

UM, SO, UH, I'LL START AT THE TOP, SO TO SPEAK AND WORK MY WAY DOWN.

SO AT THE TOP IS REFERRAL TO, UH, THE CITY ATTORNEY FOR POTENTIAL PROSECUTION.

THEN AFTER THAT IS A SERIES OF LETTERS, AND I'LL JUST DESCRIBE WHAT THOSE LETTERS ARE.

UM, SO ONE DOES NOT APPLY BECAUSE THAT IS A CITY OFFICIAL.

UH, SO LET'S SEE, A REPRIMAND IS ONE KIND OF LETTER APPROPRIATE.

WHEN THE COMMISSION FINDS A VIOLATION'S BEEN COMMITTED INTENTIONALLY OR THROUGH DISREGARD OF THE CHAPTER CAN REPRIMAND AN OFFICIAL OR EMPLOYEE COVERED.

UM, THAT IS THAT.

UH, AND THEN A LETTER OF ADMONITION IS APPROPRIATE IF THE COMMISSION FINDS THAT THE VIOLATION IS MINOR OR MAY HAVE BEEN UNINTENTIONAL, BUT CALLS FOR SOMETHING MORE SUBSTANTIAL THAN A LETTER OF NOTIFICATION, A LETTER OF NOTIFICATION, UH, THAT IS WHEN A VIOLATION IS CLEARLY UNINTENTIONAL, UM, OR WHEN THE RESPONDENT'S CONDUCT WAS COMPLAINED OF OR MADE IN RELIANCE OF A PUBLIC OPINION OF THE CITY ATTORNEY.

UM, I SEE.

THINK THAT'S QUITE HONESTLY ADMIRABLE.

THOSE ARE THE OPTIONS COMPLAINANT.

SO IT WAS REPRIMAND, ADMONITION AND NOTIFICATION.

IS THAT RIGHT? YES.

I THINK, IN MY OPINION, I THINK THE SECOND ONE ADMONITION WOULD BE APPROPRIATE.

UM, YOU KNOW, I, I KIND OF AGREE WITH COMMISSIONER MCCORMICK.

UM, MR. SMITH IS AN ATTORNEY AND CAMPING FINANCE LAWS, ALTHOUGH THEY CAN BE VERY COMPLICATED, IT, BEFORE YOU STEP INTO THE SPACE TO RUN, YOU REALLY SHOULD RESEARCH THEM.

AND I FOUND IT PRETTY QUICKLY WHEN Y'ALL SENT ME EVEN THIS PACKET, I WAS LIKE, THUMB THROUGH IT VERY QUICKLY AND FOUND THE DISCLAIMER.

UM, I THINK REPRIMAND IS TOO HARSH PERSONALLY, UH, BUT I THINK ESPECIALLY SINCE HE'S TAKEN IMMEDIATE ACTION TO RECTIFY THE SITUATION, I

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UM, AND I I IMAGINE IT WAS CONSIDERABLE EXPENSE TO HAVE TO, UH, DO THAT SO QUICKLY.

UM, SO MY RECOMMENDATION WOULD BE, UM, ADMONITION.

RESPONDENT, SAME QUESTION.

UM, I APOLOGIZE.

I DON'T REMEMBER THE ORDER OF THEM.

UM, OBVIOUSLY MY OPINION WOULD BE FOR THE LIGHTEST.

UM, AGAIN, LOOKING BACK AT THE ETHICS COMMISSION HISTORICALLY, I MEAN, I'VE PERSONALLY HANDLED THESE WITH THE ETHICS COMMISSION.

THEY ARE CONFIDENTIAL SETTLEMENTS WITH NO PENALTY, NO ANYTHING, NO PUBLICATION OF IT.

SO LIKE I SAID, WITH THAT CORRECTION, AT LEAST ON THE STATE SIDE, WHICH I MEAN THESE ARE VERY COMPARABLE, IT IS VIEWED AS LIKE A VERY DE MINIMUS VIOLATION, WHICH I THINK WOULD WARRANT THE LOWEST LEVEL OF, IF THAT WAS THE ADMONITION OR WHATEVER.

I'M, I, WHATEVER THE LOWEST LEVEL WAS, I CAN'T REMEMBER THE ORDER.

UM, GO COMMISSIONER ELEVENS.

WHAT? THAT WAS THE TEXAS, TEXAS ELECTION CODE YOU'RE CITING, IS THAT CORRECT? UH, IT'S THE TEXT.

TEXAS ETHICS COMMISSIONS THEIR RULES.

THANK YOU, COMMISSIONERS.

UM, AND IT IS, UM, RULE 12.8, ONE OF THE ETHICS COMMISSION'S RULES.

AND THEY, THAT'S WHERE THEY OUTLINE WHAT IS TECHNICAL CLERICAL OR DE MINIMUS VIOLATIONS.

UM, IF THERE ARE NO OTHER QUESTIONS FOR THE PARTIES, WE CAN PROCEED TO DISCUSSION, UM, AND TAKING POSSIBLE MOTIONS ON WHAT TO DO NEXT.

THAT FLOOR IS NOW OPEN.

COMMISSIONER GREENBERG, DO WE HAVE A MOTION TO FIND THAT A VIOLATION HAS OCCURRED AND WE SHOULD NOW GO TO DISCUSS PENALTIES? SURE.

WE CAN, WE CAN DO THAT.

I THINK WE CAN FORMALLY ACKNOWLEDGE THE ADMISSION OF A VIOLATION AND THEN MOVE ONTO THAT NEXT SPACE.

UH, MOVED BY COMMISSIONER GREENBERG.

IT IS A MOTION, I'M GONNA RESTATE IT AND I'LL TAKE YOUR NOD AS AFFIRMATION THAT I GOTTA WRITE, UM, A MOTION TO, UH, UH, FIND THAT A VIOLATION HAS OCCURRED ESSENTIALLY, AND THAT WE'LL, I IMMEDIATELY GO TO SANCTIONS.

THAT WILL IMMEDIATELY GO TO SANCTIONS.

MAY I ASK A CLARIFICATION ON THAT? GOOD.

IS, IS THIS A MOTION THAT WE IMMEDIATELY DECIDE ON WHAT THE SANCTION IS OR DECIDE EITHER WHAT THE SANCTION IS OR WHETHER TO POSTPONE THAT DECISION UNTIL NEXT MONTH? I'M MOVING THAT WE DECIDE ON THE SANCTION NOW.

I THINK THOSE SHOULD BE TWO SEPARATE MOTIONS MYSELF.

UM, WHAT'S IT CALLED? SEPARATE THE QUESTION OR DIVIDE THE, UH, I THINK I, I'LL RESTATE THE MOTION.

UH, HERE'S HOW I'LL RESTATE THE MOTION.

UM, IT IS A MOTION TO FIND THAT A VIOLATION HAS OCCURRED AND PROCEED TO DISCUSSION OF POSSIBLE SANCTIONS.

AND WHETHER HE DOESN'T WANT THAT, HE WANTS FIND THAT A MOTION, UH, VIOLATION HAS OCCURRED.

WE CAN, WE CAN SIMPLIFY IT.

THE MOTION IS, UH, FINDING THAT A VIOLATION HAS OCCURRED BASED ON THAT THERE.

THE MISSION? YES.

MOTION TO FIND THAT A VIOLATION WITHIN OUR JURISDICTION HAS OCCURRED.

I'M NOT BY COMMISSIONER AGREEMENT.

I'M THAT SECONDED BY I THINK SECRETARY STANTON.

LET ME CLEAR.

THEN I'M GONNA HEARD ANOTHER VOICE.

UM, I'M GONNA GO DOWN MY ROLL CALL.

WHEN I CALL YOUR NAME.

UH, PLEASE UNMUTE YOURSELF.

UM, SAY YOUR VOTE AND THEN MUTE YOURSELF AGAIN.

I SECRETARY STANTON A YES.

IN FAVOR OF THE MOTION.

COMMISSIONER GREENBERG? YES.

COMMISSIONER LEVINS? AYE.

COMMISSIONER LAURIE.

AYE.

COMMISSIONER MCCORMICK? YES.

COMMISSIONER 10 YUKA.

AYE.

COMMISSIONER WILLIAMS. I SUPPORT THE MOTION I INTERESTING.

AND THEN I CHAIR SO ON VOTE I.

DO YOU, AND AND THIS IS FOR BOTH OF YOU.

MOVING ON TO, UH, OUR NEXT POSSIBLE ACTION PROCEEDING TO WHAT COULD BE SANCTIONED DISCUSSION.

UM, QUESTIONS.

GO AHEAD.

COMMISSIONER ELEVENS, MAY WE STILL ASK QUESTIONS OF THE COMPLAINANT AND RESPONDENT'S ATTORNEY? SURE.

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DO EITHER OF YOU HAVE A STRONG PREFERENCE AS TO WHETHER WE DECIDE A SANCTION TONIGHT OR WAIT UNTIL NEXT OUR NEXT HEARING? I DON'T, I DON'T HAVE A STRONG PREFERENCE.

I, I WOULD CONTEND WE'RE ALL HERE THIS EVENING.

WE'VE, YOU KNOW, LIKE I SAID, MR. SMITH HAS TAKEN THE CORRECTIVE ACTIONS.

WE'VE TAKEN A Y'ALL'S TIME.

I WOULD ASK THAT WE JUST DO THIS THIS EVENING.

COMMISSIONER SECRETARY STANTON, GO AHEAD.

UM, SO HOW, UH, WE HAVE, HOW WE'VE DONE THIS IN THE PAST, I'M, I'M REFLECTING BACK ON WHEN SECRETARY GOBER, UH, WAS ON THE COMMISSION.

HE WOULD ALWAYS BE AN ADVOCATE FOR, UH, STARTING, STARTING AT THE TOP OF THE SANCTIONS LIST AND THEN WORKING OUR WAY DOWN.

UM, LIKE EMO IF A MOTION FOR THE MOST SEVERE FAILS.

LET'S GO DOWN TO THE NEXT ONE.

UM, I DON'T THINK WE NEED TO START AT THE VERY TOP, UM, BUT I THINK IT'S FAIR, UH, PERHAPS TO BEGIN WITH A MOTION FOR A LETTER OF ADMONITION, AND THEN IF THAT DOES NOT GARNER THE REQUISITE SIX VOTES THAN TO VOTE ON A POTENTIAL LETTER OF NOTIFICATION.

THAT'S THE GAME PLAN.

GO AHEAD.

COMMISSIONER WILLIAMS, ARE YOU PROPOSING THAT WE VOTE ON THE MOTION WITHOUT DISCUSSION, UH, REGARDING THE SEVERITY OF THE NO, NOT AT ALL.

I WAS JUST KIND OF LAYING OUT A GAME PLAN.

SO WE CAN, WE CAN, THIS IS TIME FOR DISCUSSION NOW, OR QUESTIONS.

UM, SINCE I OPENED THE DOOR FOR IT, UM, OF THE PARTIES, UH, I WAS JUST, I WAS BEING TRANSPARENT ABOUT HOW I THINK IT MIGHT BE THE MOST EFFICIENT WAY TO GO THROUGH THE MOTIONS SO WE DON'T HAVE A KIND OF CONFUSED DECISION PROCESS AT THE END OF IT.

UM, WE COULD, AT THE END OF OUR DISCUSSION DECIDE ACTUALLY WE NEED MORE INFORMATION AND EVIDENCE, AND WE REALLY SHOULD GO TO A FINAL HEARING, CONTRARY TO THE WISHES OF THE COUNCIL FOR THE RESPONDENT.

UM, BUT THAT IS, THAT IS THE, THE ROADMAP THAT I'VE LAID OUT.

UH, CHAIR, COULD YOU REPEAT THE TWO, UM, CATEGORIES OR TWO TYPES OF LETTERS, LETTER OF ADMONITION AND LETTER OF NOTIFICATION? SURE.

I WILL READ THOSE PROVISIONS IN FULL AND THEN WE CAN HAVE A DISCUSSION ABOUT WHAT WE THINK MIGHT BE APPROPRIATE.

SO IN FULL, UH, A LETTER OF ADMONITION IS THE APPROPRIATE SANCTION.

IF THE COMMISSION FINDS THAT THE VIOLATION IS MINOR OR MAY HAVE BEEN UNINTENTIONAL, BUT CALLS FOR A MORE SUBSTANTIAL RESPONSE THAN A LETTER OF NOTIFICATION, A LETTER OF NOTIFICATION IS THE APPROPRIATE SANCTION.

WHEN THE VIOLATION IS CLEARLY UNINTENTIONAL, OR WHEN THE RESPONDENT'S CONDUCT COMPLAINED OF WAS MADE IN RELIANCE ON PUBLIC OR WRITTEN OPINION OF THE CI CITY ATTORNEY, UM, A LETTER OF NOTIFICATION MUST ADVISE THE RESPONDENT OF ANY STEPS TO BE TAKEN TO AVOID FUTURE VIOLATIONS.

AND THEN THE COMMISSION MAY DIRECT A LETTER OF NOTIFICATION TO ANY OFFICIAL OR EMPLOYEE COVERED BY THIS CHAPTER.

I'LL SAY, UH, IT'S BEEN POINTED OUT TO ME BY OUR HANDY DANDY EXECUTIVE LIAISON, UM, THAT, UH, IN THIS CASE AND IN CAMPAIGN FINANCE CASES, GENERALLY THE RELIANCE ON, ON A PUBLIC WRITTEN OPINION OF THE CITY ATTORNEY IS NOT A RELEVANT FACTOR BECAUSE THE CITY ATTORNEY DOES NOT PROVIDE WRITTEN OPINIONS TO CANDIDATES.

SO I HOPE THAT WAS HELPFUL.

CAN YOU TELL US THE SECTION NUMBER AND THEN THE SURE.

IN OUR YES.

AND IT'S AUSTIN CITY CODE TWO DASH SEVEN DASH 48 C.

AND THEN C1 DESCRIBES THE LETTER OF NOTIFICATION.

C2 DESCRIBES THE LETTER OF ADMONITION, COMMISSIONER GREENBERG.

UM, SO MY OPINION IS THAT THIS IS SMALL.

SOMETHING THAT'S REQUIRED TO BE IN AN A POINT FONT IS BY DEFINITION SMALL.

AND I KIND OF AGREE WITH THE, UM, ATTORNEY FOR RICHARD SMITH SAYING THIS IS TECHNICAL OR DO MINIMUS.

UM, THAT'S NOT EXACTLY WHAT IT SAYS FOR A LETTER FOR NOTIFICATION, BUT SINCE THIS IS SMALL, WHAT WAS MISSING IS SMALL.

UM, IT MAKES SENSE TO ME THAT WE DO A LETTER OF NOTIFICATION COMMISSION GO AHEAD QUESTION.

WHO ACTUALLY DRAFTS THIS LETTER? UH, IT IS, UH, OUR EXECUTIVE LIAISONS GIVING, GIVING ME A DRAFT TO REVIEW AND SIGN AND SEND.

I NOTICE ALL THOSE TYPES OF NOTIFICATIONS, AND IT SEEMS LIKE IF ALL THE CANDIDATES ARE EXPECTED TO DO THAT, THEN THEN DO IT.

WE, THERE ARE, THERE ARE COPIES IN THE PAST, UH, FOR REFERENCE, THANKFULLY, YES.

UM, VICE TRUE KALE, I'M GONNA CHIME IN.

I THINK THAT I DO AGREE THAT IT'S MINOR, BUT I WOULD ALSO SAY THAT'S THE SORT OF THING I LOOK FOR WHEN I, I NOTICE THOSE THINGS ON CAMPAIGN MATERIALS.

[00:30:01]

UM, SO I, I WOULD GO FOR THE LETTER OF ADMONITION AND HE HAS A LOT OF EXPERIENCE, WHICH HE TS ON ONE OF THE FLYERS, HIS EXPERIENCE AS AN ATTORNEY AND AS A, I BELIEVE A, A JUDGE.

AND SO, UM, SO ANYWAY, THAT WOULD BE MY RECOMMENDATION.

ANY OTHER, GO AHEAD, COMMISSIONER LEVIS, UH, I'LL, I'LL JUST CHIME IN AND TO AGREE WITH COMMISSIONER GREENBERG.

UH, I THINK THIS IS ABOUT A SMALL, UH, AN ERROR AS YOU CAN MAKE FOR, UM, A PROVISION OF THE CODE THAT FRANKLY IS SILLY.

UM, BUT IT IS IN THE CODE.

I'M NOT GONNA DENY THAT IT'S IN THE CODE.

UM, SO I THINK THE LOWEST LEVEL THAT WE CAN GIVE, I THINK IS THE APPROPRIATE LEVEL TO GIVE, ESPECIALLY WHEN, YOU KNOW, WITHIN DAYS OF BEING NOTIFIED AND IT'S POINTED OUT, HE SPENDS MONEY TO GO FIX IT.

UM, I DON'T THINK THAT REQUIRES ANYTHING MORE THAN THE LOWEST LEVEL THAT'S ON, ON OUR MENU.

COMMISSIONER MCCORMICK? I DO NOT AGREE WITH YOU, BUT BECAUSE I AM THE POLITICIAN , I GUESS, AND IF SOMEBODY IS GOING TO RUN FOR AN OFFICE, IF THEY DO, THEY SURELY, IF HE HAD A CAMPAIGN MANAGER, HE SHOULD HAVE BEEN UNFORMED.

YOU MAKE A LIST OF EVERYTHING THAT YOU NEED TO DO, AND I'M VERY ONE WHO IS WATCHES FOR PEOPLE, PUT THEIR SIGNS IN RIGHT AWAY AND THINGS LIKE THAT.

SO I'M KIND OF ONE OF THOSE PEOPLE THAT IF YOU'RE GONNA RUN, YOU BE PREPARED AND ET CETERA.

SO I AGREE WITH COMMISSIONER KALE.

COMMISSIONER WILLIAMS, I HAVE A QUESTION FOR THE RESPOND.

IF YOU COULD TURN YOUR MIC ON PLEASE.

UH, MAYBE NOT.

UM, DOES THE RESPONDENT HAVE A CAMPAIGN MANAGER? I DON'T KNOW IF HE HAS A FULL-TIME CAMPAIGN MANAGER.

I KNOW HE'S DOING A LOT OF IT HIMSELF.

AND THEN HE HAS, UM, A CONSULTANT WHO'S ASSISTING HIM.

AND DO YOU KNOW IF THERE ARE ANY OTHER, OTHER HELPERS WHO ARE INVOLVED IN HIS CAMPAIGN OUTSIDE OF, YOU KNOW, VOLUNTEERS, FOLKS THAT, YOU KNOW, HELP 'EM KNOCK DOORS OR PUT UP SIGNS, WHATEVER? I DON'T BELIEVE SO.

NO, SIR.

DO YOU, DO YOU KNOW WHO ACTUALLY PRINTED THE, UH, MATERIALS THAT ARE THE SUBJECT OF TODAY'S HEARING? UM, AS FAR AS A ACTUALLY PRINTED THEM, LIKE WHO DESIGNED THEM OR THE, WHO PRINTED THEM, WHO APPROVED THEM, WHO PUT THEM OUT? I MEAN, I'M SURE THERE'S QUITE A, QUITE A NUMBER OF THINGS THAT HAVE TO BE DONE.

MY UNDERSTANDING IS, UM, YOU KNOW, THAT THE CONSULTANT DESIGNS THEM AND SENDS THEM TO MR. SMITH, AND THEN ONCE HE, YOU KNOW, APPROVES THE DESIGN, IT GOES TO A PHYSICAL PRINTER.

AND I DON'T KNOW WHO THE PHYSICAL PRINTER IS.

YEAH, I I I HAVE NOTHING FURTHER.

SECRETARY STANTON, THEN COMMISSIONER MCCORMICK.

UH, COMMISSIONER MCC, UH, I'LL GO ACTUALLY.

ALL RIGHT, THANK YOU.

I HAVE TWO QUESTIONS.

UH, FIRST ONE IS, UM, FOR, FOR US AS A COMMISSION, ARE THERE, UM, DO WE AS A COMMISSION HAVE ANY LIBERTY OR FLEXIBILITY ON, UM, DECIDING OR DETERMINING THE SANCTION? OR IS IT A, IF IT FITS THIS CATEGORY OF LETTER OF ADMONITION, WE MUST GO WITH THAT VERSUS THE LETTER OF NOTIFICATION? WE, UH, WE'RE THE MASTERS OF OUR DESTINY HERE, AND WHATEVER WE DETERMINE TO BE THE APPROPRIATE SANCTION IS THE ONE THAT WE COLLECTIVELY DECIDE UPON.

SO INDIVIDUAL COMMISSIONERS MAKE UP THEIR OWN MIND, UH, WHEN THE MOTION'S UP AND THE VOTE IS TAKEN.

THANK YOU FOR THAT.

AND THEN A QUESTION FOR THE COMPLAINANT, I'M JUST CURIOUS, UM, WHY IS YOUR RECOMMENDATION FOR A LOOK LETTER OF ADMIN NOTIFICATION? WELL, WHEN, UM, ARE YOU, YOU'RE THE CHAIR, RIGHT? YES.

YEAH, THE CHAIR.

WHEN THE CHAIR READ THE TWO, WELL, THE THREE OPTIONS, OBVIOUSLY THE FIRST ONE WAS, UH, REALLY SEVERE AND DIDN'T, I DIDN'T THINK APPLIED.

THE SECOND ONE, I THINK WHEN YOU READ IT, IT WAS MINOR INFRACTION AND THERE WAS TWO PARTS OF IT.

IT WAS MINOR AND SOMETHING ELSE.

THE THIRD ONE WAS IF IT WAS UNINTENTIONAL OR THEY WERE RELYING ON

[00:35:01]

THE CITY ATTORNEY.

THAT ONE DIDN'T SEEM TO APPLY TO ME.

BUT HONESTLY, IT'S YOUR DISCRETION.

WHATEVER Y'ALL THINK IS BEST, YOU KNOW, I'M FINE WITH.

UM, SO, YOU KNOW, YOU ASKED ME IF, WHICH ONE I WOULD RECOMMEND, I RECOMMENDED THE ADMONITION, BUT IF Y'ALL AS A BOARD COLLECTIVELY WANNA GO WITH NOTIFICATION, I'M GONNA BE FINE WITH THAT AS WELL.

UM, COMMISSIONER MCCORMICK BACK.

THANK YOU, UH, WILLIAMS. WELL, IF SOMEBODY IS GOING TO RUN FOR A CITY COUNCIL, I THINK THEY MAYBE SHOULD TAKE THINGS A LITTLE BIT MORE SERIOUS.

AND ONE OF THE THINGS IS, UM, NO UNION BUG.

AND IF YOU HAD DECIDED THAT YOU WERE GOING TO USE A UNION, THEY KNOW ALL THE RULES.

AND IF HE JUST HAD, EVEN IF HE HAS THE CONSULTANT, A POLITICAL CONSULTANT, CAMPAIGN CONSULTANT, THEY SHOULD HAVE TAKEN CARE OF HIM BETTER.

THEY WOULDN'T HAVE WORKED FOR ME.

BUT ANYWAY, I'M THE POLITICIAN.

SO, BUT I JUST THINK THAT WHENEVER IT JUST KIND OF SEEMED LIKE IT WAS KIND OF LOOSEY GOOSEY AND HE WAS RUNNING AND DECIDED HE'D RUN, BUT JUST, IT WASN'T REALLY, I DON'T KNOW, IT WAS JUST, IT WASN'T QUITE AS IMPORTANT AS THAT'S WHAT I GET FROM LOOKING AT THE INFORMATION.

COMMISSIONER WILLIAMS. MICROPHONE THERE.

COMMISSIONER.

THERE YOU GO.

UM, COMMISSIONER MCCORMICK.

MY MY CONCERN IS THAT I, I DON'T KNOW THAT HE IS PERSONALLY THE INDIVIDUAL WHO REVIEWED, UH, THE MATERIALS THAT HAVE BEEN PRODUCED AND PURPOSEFULLY, UH, DISTRIBUTE THEM WITH THAT KNOWLEDGE IN MIND.

UM, I THINK WHEN YOU'RE RUNNING FOR ANY POSITION, YOU RELY ON THE FOLKS WHO ARE HELPING YOU.

AND IF YOU'VE HIRED A CAMPAIGN MANAGER OR ORGANIZER, OFTENTIMES YOU DO NOT SECOND GUESS THEIR DECISION MAKING.

AND SO I'M JUST NOT SURE THAT HE PERSONALLY UNDERSTOOD THAT THIS DIS DISCLAIMER WAS NOT PRESENT.

THAT IS WHAT MY CONCERN IS.

WELL, SURE, GO AHEAD.

HE'S THE CANDIDATE AND HIS NAME'S ON IT, AND HE'S RESPONSIBLE.

AND IF HE DIDN'T OR QUALIFIED PEOPLE, OR IF THEY DIDN'T ABIDE BY HIS RULES, IT'S HIS PROBLEM.

I'VE ONLY BEEN DOING THIS SINCE 1958, , SO THIS ALONG.

UM, I'LL, OH, UH, COMMISSIONER 10 YUKA, UM, I'LL SHARE SOME THOUGHTS OF MINE.

AND THEN SECRETARY STANTON, GO AHEAD.

I JUST WANTED TO SHARE A FEW THOUGHTS THAT I HAD.

I REALLY, UM, WANT TO, THE INDIVIDUAL THAT WAS RUNNING, IT'S HIS VERY FIRST TIME, AND MAYBE HE DOES KNOW A WHOLE LOT ABOUT THE SUBJECT IN HIS VERY EXPERIENCE, BUT PEOPLE DO MAKE MISTAKES.

UM, I DO FEEL LIKE THE FACT THAT HE TRIED TO FIX IT RIGHT AWAY SPEAKS LOUDLY FOR ME, UM, THAT HE ACTUALLY TRIED TO CORRECT EVERYTHING QUICKLY.

SO I'M KIND OF GOING TOWARDS THE LETTER OF NOTIFICATION JUST FOR THE SIMPLE FACT THAT I WOULD LIKE TO ENCOURAGE PEOPLE TO CONTINUE RUNNING, UM, FOR OUR CITY.

AND YOU DON'T HAVE TO BE PERFECT.

IF YOU MAKE A MISTAKE, FIX IT RIGHT AWAY AND JUST KEEP GOING.

SO WITH THAT BEING SAID, UM, I REALLY, UM, WOULD BE FOR A LETTER OF NOTIFICATION.

PAID FOR BY SOMEONE, UH, AS WE SEE IN THE STANDARD TEXAS ETHICS COMMISSION DISCLOSURES FOR ANY STATE RACE, UM, IT'S A DISCLOSURE THAT THE LAW IS DIFFERENT NOW.

UM, I'LL, MY, I'LL GIVE MY 2 CENTS.

UM, AND THEN WE CAN KEEP GOING AROUND THE HORN HOWEVER MANY TIMES YOU, I'LL WANT TO GO AROUND THE HORN.

UM, SO, UH, IN, IN MY VIEW, I, THE REASON I LEAN TOWARDS A LETTER OF ADMONITION AS OPPOSED TO A NOTIFICATION IS BECAUSE THE DISCLOSURE THAT'S REQUIRED ON THESE SIGNS, UM, WHETHER, WHETHER WE THINK IT'S A WORTHWHILE PART OF OUR CITY CODE OR NOT, UM, IT, IT INDICATES SOMETHING OF CONSEQUENCE.

UH, WHAT THAT DISCLOSURE SAYS INDICATES WHETHER OR NOT THE LAW HAS BEEN TRIGGERED TO GET RID OF CONTRIBUTION AND EXPENDITURE LIMITS.

UM, THAT DISCLOSURE INDICATES WHETHER THE LAW HAS BEEN TRIGGERED TO, UH, MAKE AVAILABLE PUBLIC FUNDS IN THE EVENT OF A RUNOFF.

UM, SO THAT TO ME SUGGESTS THAT IT'S, YOU KNOW, EVEN THOUGH IN THE WORDS OF THE CITY CODE, THE VIOLATION IS MINOR OR MAY HAVE BEEN UNINTENTIONAL, UM, I THINK THAT, UH, THAT DISCLOSURE, UM, GIVEN IT'S, IT'S NOT SIMPLY A NOTIFICATION THAT THIS WAS

[00:40:01]

UM, I THINK IT DOES REQUIRE SOMETHING A LITTLE MORE SUBSTANTIAL THAN A LETTER OF NOTIFICATION PERSONALLY.

UM, THOSE ARE, THOSE ARE MY SENSE, UM, FOR WHAT THEY'RE WORTH.

UM, I SAW SECRETARY STANTON WITH HER HAND UP, SO GO AHEAD, SECRETARY.

YES, THANK YOU.

I JUST WANTED TO CHIME IN WITH MY PERSPECTIVE IS THAT FOR ME, ALTHOUGH TECHNICALLY IT FITS THE DEFINITION OF LETTER OF ADMONITION, THE FACT THAT, UM, MR. SMITH, UM, CORRECTED TO CORRECTIVE ACTION AND UH, VERY SOON, UM, HELPS CERTAINLY.

AND SO I WOULD BE VOTING FOR, AND I WOULD MAKE A MOTION FOR A LETTER OF NOTIFICATION.

WAS THAT, WAS THAT A MOTION? YES, I'M READY TO MAKE THAT MOTION.

I MOVE THAT, UH, THE SANCTION BE THAT THE COMMISSION ISSUE A SANCTION OF A LETTER OF NOTIFICATION.

UM, I DON'T WANNA SECOND THAT.

I THINK YOUR STRATEGY OF GOING WITH THE MORE SEVERE FIRST, WELL, UH, SO WE, WE HAVE A MOTION, UH, WE DON'T HAVE SECONDS.

I WILL SAY I HEARD NO COMPETING SECONDS.

WE'LL SAY I HEARD COMMISSIONER WILLIAMS FIRST, SO WE'LL SAY, SAY COMMISSIONER WILLIAMS. SECONDED.

SO NOW IT'S DISCUSSION ON THE MOTION, UH, FOR A LETTER OF NOTIFICATION.

I THINK WE'VE ALREADY DISCUSSED IT, WE'VE HAD DISCUSSION, BUT IF THERE'S ANY MORE, HAPPY TO HEAR IT CUZ THAT'S, THANK, THANK MR ROBERT AND HIS RULES FOR IT.

UM, COMMISSIONER LEVIS, I DON'T THINK I HAVE ANYTHING ED A FINE OR PERSUASIVE BEYOND WHAT'S ALREADY BEEN SAID.

SO I STARTED TO REACH FOR MY MIC, BUT I'LL WITHDRAW MY REACH FROM THE MIC.

COMMISSIONER GREENBERG? YES.

I WAS TRYING TO PREDICTIVE CHAIRING ON MY PART.

UM, ANY, ANY OTHER DISCUSSION? COMMISSIONER LAR, GO AHEAD.

UM, THIS KIND OF ECHOES LITTLE PIECES OF THINGS THAT HAVE BEEN SAID, AND I DON'T KNOW IF THERE'LL BE AN OPPORTUNITY TO SAY IT LATER.

SO I JUST WANT TO CHIME IN AND SAY, UM, I THINK WHAT'S HAPPENING RIGHT NOW IS EXACTLY HOW THIS COMMISSION IS MEANT TO FUNCTION.

AND IT'S REFRESHING TO SEE BOTH COMPLAINANTS AND RESPONDENTS WHO ARE TAKING THE PROCESS SERIOUSLY AND IT'S RESULTING IN GREATER COMPLIANCE AND TRANSPARENCY, WHICH IS WHAT WE ALL HOPE TO SEE HERE.

AND WE DON'T SEE IT OFTEN ENOUGH.

AND SO I THINK SOME OF US ARE TAKING THAT INTO CONSIDERATION HOW WE'RE DECIDING WHAT SEVERITY LEVEL, BECAUSE WE DO SEE CORRECTIVE ACTION THAT'S BEING TAKEN.

AND SO REGARDLESS OF WHAT LEVEL OF SEVERITY WE END UP ON, UM, I DO WANT TO JUST ACKNOWLEDGE THAT AND SAY THAT I APPRECIATE THAT AND THIS IS EXACTLY WHAT WE WANNA SEE HERE.

I COULD NOT AGREE MORE.

UM, THANK YOU FOR SAYING THAT.

UM, SO WE HAVE A MOTION IN A SECOND.

IF THERE'S NO FURTHER DISCUSSION, I'M HAPPY TO SEE A HAND IF YOU GOT ONE.

UM, I'LL, I CAN PROCEED TO A ROLL CALL VOTE.

UH, SINCE IT SEEMS LIKE THERE MIGHT BE DIFFERENCES OF OPINION ON THIS ONE, UM, I'LL CALL FOR THE EYES FIRST.

UM, AND SINCE WE'VE GOT SOME VIRTUAL MEMBERS, I'LL GO DOWN THE ROLL CALL CALLING FOR EYES.

UM, IS THAT RIGHT CALL? I'LL GO THROUGH THE ROLL CALL AND ASK FOR A VOTE.

THAT'S A GOOD CALL.

UM, GO THROUGH THE ROLL CALL.

UH, SAY YOUR VOTE.

I'LL REPEAT IT JUST FOR THE RECORD.

UM, AND WE'LL PROCEED THAT WAY.

VICE CHAIR KALE NAY.

SECRETARY STANTON? YES.

IN FAVOR OF THE MOTION.

COMMISSIONER MCCORMICK? NO.

COMMISSIONER 10 YUKA.

I, COMMISSIONER WILLIAMS. I SUPPORT MOTION I AND CHAIR SOBRO NAY.

THAT IS 1, 2, 3, 4, 5, 6 VOTES.

UM, FOR PARTICIPATING, UH, COMPLAINANT AND COUNSEL FOR THE RESPONDENT.

THREE.

NO IN ABSENCE IN A VACANCY.

SO THE MOTION PASSES.

UM, SO THAT IS A LETTER OF NOTIFICATION AS OUR PREFERRED SANCTION.

WE'LL HAVE THAT DRAFTED UP.

UH, AND I WILL SIGN IT AND SEND IT.

UM, ALWAYS HAPPY TO LOSE A VOTE LIKE THIS.

HONESTLY.

THERE'S A WAY TO GO.

IT'S THIS WAY.

THANK YOU GUYS SO MUCH,

[00:45:01]

I WANT TO ECHO GRATITUDE THAT RESPONDENT TOOK SUCH QUICK, UH, AND, UM, REALLY STRONG CORRECTIVE ACTION.

UM, I, THAT IS SOMETHING THAT I WOULD HOPE TO SEE IN ALL OF OUR CASES.

UM, CERTAINLY THANK YOU GUYS VERY MUCH FOR YOUR TIME THIS EVENING.

UM, WE ARE GONNA MARCH ON THROUGH OUR AGENDA.

WE HAVE, I BELIEVE TWO MORE ITEMS TO GO THROUGH.

SO ITEM NUMBER

[4. Approval of a final statement and/or video of what the Commission does & how the public can use the Commission and/or a Statement on Equity, Access, and the need for reform by the Working Group on Race, Identity and Equity.]

FOUR IS APPROVAL.

WELL, LET ME SEE WHAT TIME IT IS.

UM, COMMISSIONERS, DO WE WANT TO TAKE A, A FIVE MINUTE RECESS FOR WATER? A BREAK? I'M SEEING THESE ARE TWO, THESE ARE TWO PRETTY QUICK ITEMS, BUT I ALSO WANNA BE LET'S DO IT.

COOL.

DO IT.

LET'S DO IT.

MOVING ON TO ITEM NUMBER FOUR.

NEXT WE'RE GONNA MOVE TO AN APPROVAL OF A FINAL STATEMENT AND OR VIDEO OF WHAT THE COMMISSION DOES AND HOW THE PUBLIC CAN USE THE COMMISSION OR STATEMENT OF EQUITY ACCESS AND NEED FOR REFORM BY THE WORKING GROUP.

UM, THIS, UH, IS VICE CHAIR KALE'S? UM, YEAH, THIS IS, THIS IS YOURS.

TAKE IT AWAY.

BRING IT HOME.

WELL I GOT, UM, SO LAST TIME WE APPROVED IT, UM, PENDING SOME INFORMATION ON HOW TO ACCESS THE THREE 11 SERVICE AND LYNN WORKED WITH ME ON THAT AND, UM, OTHER STAFF MEMBERS WA HIJA.

AND SO, UM, WE GOT THAT INFORMATION.

UM, CALLERS TO THREE 11 WILL BE DIRECTED TO THE ERC WEBPAGE FOR THE FORM INSTRUCTIONS AND INFORMATION ON REPORTING VIOLATIONS TO THE CITY'S AUDITOR'S OFFICE.

SO THAT IS HOW THAT SYSTEM WORKS.

UM, THE ONLY OTHER THING I CHANGED ON HERE, ONE OF THE HEADINGS IT USED TO SAY, SO THE, WHERE IT SAYS WHAT TO DO IF YOU SUSPECT A VIOLATION, IT USED TO SAY WHAT TO DO, WHAT TO DO IF YOU THINK YOU'VE SEEN A VIOLATION.

I THOUGHT THIS WAS A LOT CLEANER.

UM, AND THEN, UM, THEY UPDATED THE CITY CLERK CONTACT INFORMATION FOR ME.

SO NEXT STEPS ON THIS WOULD BE FOR ME TO FIND OUT HOW TO GET IT OUT TO THE PUBLIC.

UM, SO I THINK THE, IF THAT IS, THAT'S THE AGENDA ITEM, UH, WE CAN TAKE A VOTE TO FORMALLY ADOPT THIS.

UM, AND FORMALLY RATIFY AND GRA AND THANK VICE CHAIR KALE FOR SPENDING ALL THE TIME SHE HAS ON IT.

UM, I THINK THIS IN ONE SHAPE OR ANOTHER HAS BEEN GOING ON FOR TWO YEARS.

IT HAS BEEN ONE FORM OR ANOTHER.

YEAH.

UM, I PERSONALLY THINK THAT A QUICK VOICE VOTE, UH, SUPPORTING THE WORK IS IN ORDER TO THANK VICE TURKI AND ANYONE ELSE WHO'S GIVEN 2 CENTS ON THE STATEMENT.

SO ALL THOSE IN FAVOR OF APPROVING THIS STATEMENT, RAISE YOUR HAND IF YOU'RE VIRTUAL OR SAY AYE.

AYE.

OBVIOUSLY ALL OPPOSED NAY.

GREAT EXTENSIONS, UNANIMOUS.

THANK YOU SO MUCH.

SECONDED BY COMMISSIONER LEVIS.

AND I WILL GIVE AN UPDATE NEXT TIME ON HOW WE GET IT OUT TO THE PUBLIC.

PERFECT.

SO, AND THANKS FOR MY WORKING GROUP MEMBERS ON THIS.

I APPRECIATE IT.

GREAT.

THEN LAST BUT NOT LEAST, UH, I BELIEVE WE'RE MOVING ON TO APPROVAL

[5. Approve the minutes of the Ethics Review Commission Regular Meeting on September 28, 2022.]

OF THE MINUTES.

UM, I RECEIVED WORD SECRETARY STANTON BEFORE I PASS IT OFF TO YOU, THAT THERE WERE NO EDITS ON OUR MINUTES.

IS THAT CORRECT? I SEE A THAT IS CORRECT.

I SEE A THUMBS UP.

GOOD STUFF.

LET US THEN ENTERTAIN A MOTION.

WHO WANTS TO MOVE TO APPROVE THE MINUTES? ACCEPT THE MINUTES.

YAY.

GREAT.

I'M GONNA INTERPRET COMMISSIONER MCCORMICK'S MOTION TO APPROVE THE MINUTES.

SECOND.

UM, ALL THOSE IN FAVOR SAY I OR RAISE YOUR HANDS.

I COUNTING ARE TWO REMOTE IS RAISING THEIR HANDS.

ALL THOSE OPPOSED IN ABSTENTIONS.

COMMISSIONER LAURIE ABSTENTIONS.

SO THAT'S ALL EYES ONE ABSTENTION AND ABSENCE IN A VACANCY.

THAT CONCLUDES OUR AGENDA.

UM, OTHER THAN FUTURE ITEMS

[FUTURE AGENDA ITEMS]

ANNOUNCEMENTS.

UM, SO COMMISSIONERS, DO WE HAVE ANY FUTURE AGENDA ITEMS WE WOULD LIKE TO DISCUSS FOR OUR NEXT MEETING, WHENEVER THAT IS? YES.

UM, SO HAVING LOOKED AT SOME OF THE CAMPAIGN FINANCE REPORTS THAT HAVE BEEN FILED, I NOTICE A GIANT HOLE IN OUR CODE, WHICH IS THAT YOU CAN NOT TAKE MORE THAN $450 CURRENTLY FROM A DONOR, BUT A PERSONAL LOAN CAN BE MADE FOR ANY AMOUNT.

[00:50:02]

NOT A BANK LOAN, BUT AN ACTUAL MAYBE FRIEND OR RELATIVE CAN LOAN THE CAMPAIGN AN UNLIMITED AMOUNT.

I THINK THIS IS A HOLE IN THE CODE THE SIZE OF TEXAS.

UM, AND I THINK WE SHOULD CONSIDER LIMITING PERSONAL LOANS.

YOU KNOW, BANK LOAN YOU HAVE TO PAY BACK, BUT A PERSONAL LOAN FROM A FRIEND OR A RELATIVE DOESN'T LOOK A WHOLE LOT DIFFERENT TO ME THAN, UH, CON CONTRIBUTION.

BUT IT SEEMS TO BE A WAY TO CIRCUMVENT THE, UM, $450 LIMIT.

THANK THAT.

IS, THAT WOULD BE AN INTERESTING THING TO DISCUSS IN A FUTURE MEETING.

UM, IF A SECOND PERSON WOULD LIKE TO SURE.

I'M, I APPROVE OR I'M CONSENT TO HAVING THAT AS A FUTURE, UH, AGENDA TOPIC.

UM, THE WAY, THE WAY I THINK WE'LL INTERPRET THAT IS DISCUSSION OF HOW TO PROCEED ON THAT TOPIC, UM, IN OUR NEXT MEETING, UH, DISCUSSION AND POSSIBLE ACTION SO THAT IT'S, UH, SO THAT IF WE WANTED TO MAKE A WORKING GROUP OUT OF IT, UM, I DON'T KNOW, WE, WE'LL, WE'LL INTERPRET IT BROADLY ENOUGH SO THAT WE CAN HAVE A FULLTHROATED DISCUSSION OF THE ISSUE AND WHAT TO DO ABOUT IT.

SOUND GOOD? QUICK QUESTION.

YES, QUICK QUESTION.

IF THERE ARE OTHER ISSUES WE SEE, WHAT IS THE PROCESS WE SHOULD GO THROUGH IN ORDER TO BRING THEM UP AND MAKE THE KINDS OF CHANGES WE'D LIKE TO SEE? SURE.

SO, UM, OUTSIDE OF, UH, THIS PART OF OUR REGULAR MEETINGS, YOU CAN BRING THEM TO ME OR VIA, UH, OUR EXECUTIVE LIAISONS.

UM, YOU CAN COMMUNICATE WITH THEM TO COMMUNICATE WITH ME, UH, AND, UH, I'M HAPPY TO DO THE CHAIR PREROGATIVE THING OF PUTTING AN ITEM ON THE AGENDA.

UM, SO THAT WOULD BE OUTSIDE OF THIS SETTING, THAT WOULD BE THE WAY TO DO IT.

OR IF YOU'VE GOT A FRIEND ON THE COMMISSION, UM, AND THE TWO OF YOU WOULD LIKE TO SEND THAT TO THE EXECUTIVE LIAISON, UM, THAT'S ANOTHER WAY.

UM, I BELIEVE WE HAVE, UH, ONE, UNLESS THERE ARE OTHER FUTURE AGENDA ITEMS, I WAS GONNA MOVE ON TO AN ANNOUNCEMENT.

I THINK THAT LYNN CARTER HAS AN ANNOUNCEMENT.

I JUST WANT TO ANNOUNCE THAT THE, IF WE HAVE RUNOFF CANDIDATES, WHICH IS PROBABLY LIKELY CONSIDERING THE NUMBER OF CANDIDATES, UM, IN THE SIX RACES WE HAVE RIGHT NOW, MAYOR AND, UM, FIVE, UH, CANDIDATE DISTRICTS.

THE CANDIDATE FORUM WILL BE ON NOVEMBER 30TH, SO IT WILL BE ON ATX N YOU CAN CHECK, ANYBODY CAN GOOGLE THE CANDIDATE FORUM WEBSITE.

THE PUBLIC IS LISTENING AND YOU CAN LET PEOPLE KNOW.

UM, YOU ARE THE SPONSORS.

IT'S, IT'S A MODERATED CANDIDATE FORUM BY THE LEAGUE OF WOMEN VOTERS AUSTIN AREA.

AND THEY WILL START AT 6:00 PM AND, AND MOVE UP TO MAYOR WILL BE THE LAST, UH, RUNOFF CANDIDATE FORM, BUT PROBABLY CONCLUDE BY EIGHT 30 OR NINE O'CLOCK.

SO THANK YOU VERY MUCH.

ANY OTHER, ANY OTHER ANNOUNCEMENTS THEN? I THINK I WILL GO AHEAD AND CALL IT, UM, AT THE TIME BEING 8:02 PM THE ETHICS REVIEW COMMISSION IS NOW ADJOURNED.