[00:00:03]
[CALL TO ORDER]
RIGHT, EVERYONE, WE'RE GONNA GO AHEAD AND GOOD EVENING.I AM CHAIR OF THE AUSTIN ETHICS REVIEW COMMISSION.
I CALL THE ETHICS REVIEW COMMISSION MEETING TO ORDER.
TODAY IS FEBRUARY 22ND, 2023, AND IT IS ABOUT 6:10 PM IN, UH, CITY HALL.
THE BOARDS AND COMMISSION ROOM NUMBER 1101 AT 3 0 1 WEST SECOND STREET, AUSTIN, TEXAS SEVENTY EIGHT SEVEN HUNDRED ONE.
I'LL CALL THE ROLL VICE CHAIR KALE PRESENT.
COMMISSIONER TENAYUCA, PRESENT.
AND I, LUIS SORAM AM HERE AS WELL, WHICH MEANS WE HAVE A QUORUM.
SOME OTHER COMMISSIONERS MIGHT BE JOINING US, UH, AS THE MEETING GETS ROLLING.
WE ALSO HAVE COMMISSIONERS DANBURG AND LAURIE ATTENDING VIRTUALLY FOR THE RECORD.
[PUBLIC COMMUNICATION: GENERAL]
UH, NEXT WE HAVE PUBLIC COMMUNICATION.UM, WE HAVE ONE SPEAKER SIGNED UP AND THAT EACH SPEAKER, OR THAT SPEAKER'S GONNA BE GIVEN THREE MINUTES.
UM, MR. JEFFREY BOWEN, IF YOU'D LIKE, YOU CAN COME TO ANY ONE OF THE MICROPHONES.
I'LL ALSO RECOGNIZE THAT WE'VE BEEN JOINED BY SECRETARY STANTON ADAMS, WHO IS SIGNING IN AT THE MOMENT.
SO WE'LL HAVE THREE MINUTES, MR. BOWEN, AND WHENEVER YOU'RE READY, YOU CAN BEGIN.
UM, I'M HERE TONIGHT REQUESTING THIS COMMISSION BE MORE PROACTIVE VERSUS REACTIVE.
THIS PAST DECEMBER, A CAMPAIGN FINANCE ISSUE WAS BROUGHT BEFORE THIS COMMISSION AS AN ATTENDEE.
I WAS SURPRISED AT THE LACK OF CONCERN REGARDING THIS ISSUE WHEN I HEAR COMMENTS THAT THIS COMPLAINT WAS POLITICALLY MOTIVATED.
THEN I HAVE TO ASK, WAS THE COMPLAINT BROUGHT BEFORE THIS COMMISSION IN OCTOBER OF 2022 BY JULIE OLIVER REGARDING THE SMITH CAMPAIGN? NOT POLITICALLY MOTIVATED YET.
THE ALMOST NEGOTIATED LIKE DISCUSSION WITH THE RESPONDENT DURING THE DECEMBER HEARING APPEARED TO BE LOOKING FOR SOME REASON TO DISMISS THIS VIOLATION AGAINST PAIGE ELLIS.
BASED ON THE PRELIMINARY HEARING DOCUMENTS, BOTH CASES WERE FOUND TO BE IN VIOLATION OF THE EXISTING CITY RULES.
THE RESIDENTS OF AUSTIN SHOULD EXPECT AND DEMAND COMMISSIONERS POLITICAL BIAS BE CHECKED AT THE DOOR.
I FAIL TO SEE ANY ACTION BY THIS COMMISSION TOWARDS THE CITY OFFICES THAT ARE SUPPOSED TO BE OVERSEEING CITY CAMPAIGNS.
THERE HAVE BEEN RECENT ETHICAL VIOLATIONS IN THE NEWS BY THE FORMER MAYOR, HIS USE OF CITY RESOURCES IN ORDER TO ENDORSE TWO CITY COUNCIL CANDIDATES DURING THE RUNOFF ELECTION.
YET THERE IS NO ACTION AT THIS POINT.
CITY CODE TWO DASH SEVEN DASH 41 ITEM F STATES, THE E R C MAY FILE ITS OWN COMPLAINT WITHIN THE JURISDICTION OF THE COMMISSION OR ON ITS OWN INITIATIVE.
IF THIS COMMISSION CAN ONLY DISCUSS AND REVIEW OBVIOUS ISSUES BROUGHT TO THEIR ATTENTION, THEN WHAT IS YOUR PURPOSE? THERE ARE ISSUES ON THE MAY BALLOT IN WHICH NUMEROUS CURRENT CITY COUNCIL MEMBERS HAVE SIGNED ON TO THE PETITIONS, SEVERAL MEMBERS ALREADY PUBLICLY SUPPORTING AND OR PUSHING PROP A AND OTHERS MAKING ACCUSATIONS REGARDING THE OPPOSITION BALLOT.
PROP B, WHERE IS THE ETHICS COMMISSIONS ON THIS ISSUE? CHAPTER TWO DASH SEVEN, ETHICS AND FINANCIAL DISCOURSE.
ITEM ONE, TO ENCOURAGE HIGH ETHICAL STANDARDS IN OFFICIAL CONDUCT BY CITY OFFICIALS AND EMPLOYEES.
ITEM TWO, TO ESTABLISH GUIDELINES FOR ETHICAL STANDARDS OF CONDUCT FOR ALL SUCH OFFICIALS AND EMPLOYEES BY SETTING FORTH THOSE ACTS OR ACTIONS THAT ARE INCOMPATIBLE WITH THE BEST INTEREST OF THE CITY.
IF THIS COMMISSION WILL NOT, IS NOT WILLING OR CAPABLE TO DO THEIR JOB, THEN WHY DOES THIS COMMISSION EXIST? IT IS TIME TO BE PROACTIVE AND REMIND EVERYONE THE ETHICS RULES OF ENGAGEMENT.
THANK YOU VERY MUCH MR. BOWEN.
WE APPRECIATE YOU COMING UP, SHARING YOUR COMMENTS WITH US.
UM, MOVING ON TO OUR AGENDA COMMISSIONERS.
[1. Review and evaluate potential amendments to City Code Chapter 4-8 (Regulation of Lobbyists), Sections 4-8-5 (Registration) and 4-8-11 (Late Filing Fee).]
UH, AGENDA ITEM ONE.I DON'T BELIEVE THERE WERE ANY RECUSAL ANNOUNCEMENTS, IF I'M NOT MISTAKEN.
BUT AGENDA ITEM ONE, WE HAVE POTENTIAL
[00:05:01]
AMENDMENTS TO CITY CODE CHAPTER FOUR DASH EIGHT, WHICH GOVERNS THE REGULATION OF LOBBYISTS, UM, IN SECTION FOUR DASH EIGHT FIVE REGISTRATION FOUR DASH EIGHT DASH 11, LATE FILING FEE.I BELIEVE WE HAVE REPRESENTATIVE FROM THE CITY CLERK'S OFFICE HERE TO EXPLAIN THIS ITEM FOR US.
UM, WHOEVER WOULD LIKE TO COME UP TO THE MICROPHONES, YOU ARE MORE THAN WELCOME TO COME UP AND I'LL BE HAPPY TO GO AHEAD AND, UH, KIND OF SET THE SCENE A LITTLE BIT BEFORE.
IF YOU'LL INDULGE ME, YOU HAVE RECEIVED THE LAW DEPARTMENT.
UM, SO ONE OF THE DUTIES OF THE ERC IS TO PERVI, UH, REVIEW THE PROVISIONS OF THE ERC'S JURISDICTION AND MAKE RECOMMENDATIONS.
AND CHAPTER FOUR EIGHT, AS YOU ALL KNOW, IS WITHIN, UH, YOUR JURISDICTION AND YOUR MEETING PACKET INCLUDES A DRAFT ORDINANCE REVISING SPECIFIC SECTIONS OF FOUR DASH EIGHT, WHICH DEAL WITH THE REGULATION OF LOBBYISTS.
UH, YOU ALSO HAVE A CHART PREPARED, UH, BY THE CLERK'S OFFICE THAT SORT OF BREAKS DOWN LINE BY LINE, UM, IN, AND IN THE FAR RIGHT HAND COLUMN EXPLAINS THE REASONING BEHIND MAKING EACH REVISION.
UM, TO KIND OF GIVE A LITTLE BIT OF CONTEXT AROUND TIMING, THIS IS AN ITEM THAT IS ON THE MARCH 23RD CITY COUNCIL AGENDA.
UM, AND SO ESSENTIALLY, YOU KNOW, SORT OF THE BROAD STROKES OF THE REVISIONS, YOU KNOW, UNDER 48 LOBBYISTS ARE REQUIRED TO FILE AN ANNUAL REGISTRATION ON THE ANNIVERSARY OF THE DATE THAT THEY FIRST REGISTERED, UH, ALONG WITH THE RE REGISTRATION FEE.
AND THEN IN ADDITION, THERE'S A QUARTERLY ACTIVITY REPORT.
UM, AND SO THESE ACTIVITY REPORTS COVER ESSENTIALLY ALL OF THE REGISTRANTS LOBBYING ACTIVITIES FOR THE PREVIOUS QUARTER.
UH, AND LATE FEES ARE INCURRED IF A LOBBYIST DOESN'T FILE THE QUARTERLY ACTIVITY REPORTS WITHIN THE DESIGNATED TIME UNDER THE CODE.
UH, SO THE REVISIONS INCLUDED AREN'T ESSENTIALLY MAKING, YOU KNOW, SUBSTANTIVE CHANGES.
THEY'RE ESSENTIALLY CLARIFYING THE CODE LANGUAGE, UH, AND REFLECTING WHAT'S CURRENTLY IN PRACTICE REGARDING DEADLINES.
AND, YOU KNOW, ESSENTIALLY WHAT TO DO IF THE DEADLINE TO PERFORM AN ACT IS ON A WEEKEND OR A CITY HOLIDAY SO THAT IT'S CLEAR, YOU KNOW, THAT IF A DUE DATE FALLS ON SUCH A DAY, THE DEADLINE IS EXTENDED TO THE FOLLOWING BUSINESS DAY.
UM, THE REVISIONS ALSO CLARIFY THE FACT THAT THERE IS A YEARLY LOBBYIST REGISTRATION, UM, THAT IS SEPARATE FROM THE ACTIVITY REPORTS.
AND SO GIVEN THAT BACKGROUND, UH, I WILL TURN IT OVER TO, UH, WE HAVE STAFF HERE FROM THE CITY CLERK'S OFFICE, AND I BELIEVE ERICA BRADY, THE DEPUTY CITY CLERK, WILL BE, UH, AVAILABLE TO ASK, UH, ANSWER ANY QUESTIONS AND WALK THROUGH THE CHANGES IN MORE DETAIL.
UM, I'M HAPPY TO WALK THROUGH EACH PROPOSED AMENDMENT IF, IF THAT WOULD BE HELPFUL.
SO THE FIRST PROPOSED AMENDMENT IS UNDER FOUR DASH EIGHT DASH FIVE REGISTRATION.
AND IN THIS AMENDMENT, THE FIRST THING THAT, UH, WE'RE PROPOSING IS THAT WE STRIKE THROUGH, AND I'M HAPPY TO READ THE ENTIRE PARAGRAPH THAT MIGHT BE HELPFUL.
UM, FOUR DASH EIGHT DASH FIVE A READS, A PERSON WHO MEETS A THRESHOLD UNDER FOUR DASH EIGHT DASH THREE REGISTRATION REQUIREMENT SHALL REGISTER NOT LATER THAN THE FIFTH.
WE'RE PROPOSING TO STRIKE THE WORD WORKING AND REPLACE IT WITH BUSINESS DAY AFTER THE PERSON FIRST DIRECTLY COMMUNICATES WITH THE CITY OFFICIAL TO LOBBY.
UM, THE NEXT, AND I'M, I DON'T KNOW IF IT'D BE HELPFUL IF I ALSO JUST EXPLAIN THE BUSINESS JUSTIFICATION THAT YOU ALL HAVE.
UM, SO BESIDE THIS, UM, OUR JUSTIFICATION IS IT CORRESPONDS WITH LANGUAGE AND PREVIOUS PORTIONS OF THE CODE THAT INVOLVE THE CITY CLERK IN REPORTING DEADLINES.
UM, THE NEXT PROPOSED AMENDMENT WOULD BE, UM, ALSO UNDER A, ADDING A SENTENCE THAT READS, A PERSON WHO'S REG REQUIRED TO REGISTER MUST FILE AN ANNUAL REGISTRATION ON THE ANNIVERSARY OF THE INITIAL REGISTRATION UNTIL THE REGISTRATION IS TERMINATED.
OUR BUS BUSINESS JUSTIFICATION FOR THIS, UM, ADDING THE SENTENCE WOULD BE THAT IT CLARIFIES REGISTRATIONS ARE DUE ANNUALLY RATHER THAN JUST A ONE-TIME FILING UPON REGISTERING WITH THE CITY.
UM, NEXT WOULD BE UNDER FOUR DASH EIGHT DASH 11 UNDER LATE FILING FEE, UM, B ONE, UH, IT WOULD READ, UM, A AND ADDING REGISTRATION OR ACTIVITY, UH, REPORT THAT IS NOT TIMELY FILED IS LATE.
UNDER THIS, UH, ADDITIONAL TWO WORDS HERE.
UM, IN ADDITION TO A LOBBYIST ANNUAL REGISTRATION, THEY'RE ALSO REQUIRED TO FILE ACTIVITY REPORTS.
UM, THESE EDITS CLARIFY THAT BOTH ARE
[00:10:01]
BEING REFERRED TO IN THE SECTION.IN ADDITION, WE PROPOSE TO ADD AN ADDITIONAL SENTENCE TO READ.
REPORTS ARE LATE IF FILED AFTER 11:59 PM ON THE DUE DATE.
IF THE LAST DATE OF PERFORM AN ACT IS A SATURDAY, SUNDAY, OR CITY HOLIDAY SECTION ONE DASH ONE DASH FIVE, WHICH IS CALCULATION OF TIME APPLIES, AND THE DUE DATE IS THE NEXT, UH, DATE THAT IS NOT A SATURDAY, SUNDAY, OR CITY HOLIDAY.
AND HERE OUR, UH, BUSINESS JUSTIFICATION IS THAT IT CLARIFIES TIMELY AND LATE WHILE ALSO REFERRING BACK TO SECTION ONE DASH ONE DASH FIVE.
UH, THE NEXT PROPOSED AMENDMENT WOULD BE UNDER, UH, B TWO, AND IT WOULD READ A REGISTRATION OR ADDING THE WORD ACTIVITY REPORT IS NOT PROPERLY FILED WITHOUT STRIKING THE WORD A, ADDING THE WORD ALL REQUIRED FEES, INCLUDING ACCRUED LATE FEES, UH, BEING PAID TIMELY.
IN ADDITION, ACCORDINGLY, A REGISTRATION OR ACTIVITY, ADDING THE WORD ACTIVITY REPORT FILED WITHOUT THE REQUIRED FEES BEING PAID TIMELY IS LATE.
THE CITY CLERK MAY USE AN ELECTRONIC FORM THAT WILL PREVENT A FILER FROM SUBMITTING OR REQUIRED REPORT UNTIL ALL REGISTRATION RENEWAL OR LATE FEES OWED BY A REGISTRANT OR EMPLOYEE LOBBYISTS ARE PAID.
ALL OF THAT, UM, THAT THOSE SECOND AND THIRD SENTENCE SENTENCES WERE ALREADY THERE.
UM, THE BUSINESS JUSTIFICATION FOR THIS IS IN ADDITION TO A LOBBYIST ANNUAL REGISTRATION, THEY'RE ALSO REQUIRED TO FILE ACTIVITY REPORTS.
AND SO THESE EDITS CLARIFY, UM, THE TWO REQUIREMENTS AS WELL AS THE RESPECTIVE LATE FEES TO DISTINGUISH, UM, THAT THEY MAY OWE MULTIPLE FEES.
NEXT WOULD BE UNDER F UM, ON MAKING A DETERMINATION THAT A REPORT IS LATE, THE CLERK SHALL STRIKING THE WORD IMMEDIATELY AND ADDING, UH, REPLACING WITH NOT LATER THAN THE NEXT BUSINESS DAY, SENT BY EMAIL OR OTHER TRACEABLE METHOD AND NOTICE OF THE DETERMINATION TO THE PERSON RESPONSIBLE FOR THE FILING, NOTIFYING THE PERSON OF THE FEE FOR LATE FILING AND CHARGING THE FEE.
IN ADDITION, WE WOULD PROPOSE TO ADD A SENTENCE THAT SAYS, LATE FEES ARE DUE BY 11:59 PM ON THE 10TH DAY AFTER THE NOTICE OF DETERMINATION IS SENT AND ARE SUBJECT TO SECTION, AGAIN, CITING ONE DASH ONE DASH FIVE CALCULATION OF TIME.
UH, BUSINESS JUSTIFICATION HERE IS THAT, UM, FOR THE FO FIRST PIECE, REPORTS ARE DETERMINED LATE IF THEY'RE NOT ELECTRONICALLY FILED BY THE DEADLINE SET.
AND LATE FEES ARE NOT AUTOMATED, SO WE ARE NOT ABLE TO SEND NOTICES IMMEDIATELY FOLLOWING.
UM, AND THEN FOR THE SECOND EDIT THERE, UH, AGAIN, WE'RE REFERRING BACK TO SECTION ONE DASH ONE DASH FIVE TO ADDRESS DEADLINES THAT FALL ON WEEKDAY WEEKENDS OR CITY HOLIDAYS, UM, UNDER G AND WE'RE BASICALLY STRIKING THAT FIRST SENTENCE ALTOGETHER, AND WE'RE REPLACING, AND I'M HAPPY TO READ WHAT WE'RE STRIKING.
SO WE'RE REMOVING, IF THE LATE FEE IS NOT PAID BEFORE THE 10TH DAY, AFTER THE DATE ON WHICH THE NOTICE IS SENT BY THE CITY CLERK TO THE PERSON RESPONSIBLE FOR FILING THE REPORT, THE PERSON IS LIABLE TO THE CITY FOR AN ADDITIONAL LATE FEE.
AND WE ARE PROPOSING TO THEN, UM, REPLACE THAT LANGUAGE WITH THE CITY CLERK WILL APPLY ADDITIONAL LATE FEES ON THE FIRST BUSINESS DAY OCCURRING AFTER THE 10TH DAY AFTER THE DATE, THE CITY CLERK SENT THE NOTICE OF DETERMINATION.
HERE, OUR BUSINESS JUSTIFICATION IS THAT IT CLARIFIES THAT THE CITY CLERK WILL APPLY FEES AND SEND NOTIFICATION ON THE NEXT BUSINESS DAY.
AND LAST EDIT THAT WE HAVE HERE IS UNDER G ONE, AND IT WOULD READ UNTIL THE PERSON FILES THE REPORT WE PROPOSE TO STRIKE.
THE CLERK SHALL SEND A WRITTEN NOTICE BY EMAIL TO THE PERSON EVERY 10TH DAY, AND INSTEAD, REPLACED WITH THE PERSON IS LIABLE FOR AN ADDITIONAL LATE FEE.
EACH TIME THE CLERK SENDS A 10 DAY NOTICE UP TO ACCUMULATIVE MAXIMUM OF $500.
HERE, OUR JUSTIFICATION IS BECAUSE THE 10TH DAY MAY FALL ON A WEEK WEEKEND OR CITY, CITY HOLIDAY, UH, THIS LANGUAGE IS INTENDED TO CLARIFY THAT THE CLERK WILL NOT SEND A NOTICE EVERY 10 CALENDAR DAYS.
INSTEAD, THE CLERK WILL SEND A NOTICE ON THE NEXT BUSINESS DAY AFTER 10 DAYS HAVE PASSED FROM THE MOST RECENT LATE FEE NOTIFICATION.
I HOPE I'M HAPPY TO ANSWER ANY QUESTIONS, UM, THAT YOU MAY HAVE.
I HAVE, UH, I HAVE ONE QUESTION GOING BACK.
UM, I MAY HAVE TO, I'LL DECIDE, BUT I HAVE ONE QUESTION GOING BACK TO THE SECOND CHANGE THAT'S UNDER, UH, SECTION FOUR DASH EIGHT DASH FIVE A.
UM, ADDING THIS STATEMENT, A PERSON WHO'S REQUIRED TO REGISTER MUST FILE AN ANNUAL REGISTRATION ON THE ANNIVERSARY OF THE INITIAL REGISTRATION UNTIL THE REGISTRATION IS TERMINATED.
[00:15:01]
UM, IN THE JUSTIFICATION WE'RE SAYING THAT WE'RE CLARIFYING THAT REGISTRATIONS ARE DUE ANNUALLY.UM, I JUST WANTED TO MAKE SURE THAT THIS WASN'T, UH, THAT THIS WAS ALREADY REQUIRED SOMEHOW BY THE CITY CLERK OR ELSEWHERE IN CITY CODE.
UM, WE SAY WE'RE CLARIFYING, BUT IT'S, IT'S A BRAND NEW SENTENCE.
UM, I BELIEVE, AND I DO HAVE THE ORIGINAL ORDINANCE WITH ME, WE JUST THOUGHT IT WOULD BE HELPFUL JUST TO REITERATE THERE THAT A PERSON IS REQUIRED TO REGISTER AND MUST FILE ANNUALLY.
JUST FOR CLARIFICATION PURPOSES, THIS IS ALREADY, UM, A PROCESS THAT IS, UM, FOLLOWED BY LOBBYISTS, BUT WE JUST THOUGHT, UM, IT MAY BE HELPFUL JUST TO ADD HERE, UM, THE REGISTRATION REQUIREMENTS TO FILE ANNUALLY.
SO, SO TO, TO MAKE SURE THAT I'VE GOT IT, UM, ELSEWHERE IN CODE, THERE IS A DIRECTION THAT LOBBYISTS HAVE TO REGISTER ANNUALLY.
UM, SO COMMISSIONER MCCORMICK, GO AHEAD.
UH, COMMISSIONER DAN BURKE'S HAND.
UM, I DO THINK THAT THESE ARE CLARIFYING, UH, IT DOES RAISE SOMETHING IN MY MIND THAT I'VE HAD TO DEAL WITH, UH, RECENTLY.
IS THERE A PROVISION SOMEWHERE WHERE THE PERSON HASN'T REREGISTERED BECAUSE THEY'RE EITHER DEBILITATED, DECEASED, UM, SOMEHOW NOT ABLE TO GIVE Y'ALL ANY SORT OF NOTICE OF TERMINATION, UH, AND SO THEY, THEY CONTINUE TO MISS THAT DEADLINE BECAUSE THEY CAN'T MEET THE DEADLINE.
AND IS IT, IS THERE ANYWHERE ELSE IN THERE WHERE Y'ALL CAN MAKE A DETERMINATION TO THAT EFFECT UPON NOTICE? UM, TO ANSWER YOUR QUESTION, UM, WE HAVE NOT, UM, EXPERIENCED THAT ISSUE WITH THE LOBBYISTS WHO MAY POTENTIALLY HAVE DECEASED.
UM, I DON'T BELIEVE THERE'S ANYWHERE IN THE LOBBYIST ORDINANCE LANGUAGE, AND I'M JUST LOOKING AT WHAT GI HAD TO SEE IF THERE'S ANYTHING ABOUT A DIS IF THEY WERE TO BE DECEASED.
THERE'S NOTHING SPECIFICALLY ADDRESSING THAT SET OF FACTS.
BUT THERE IS A PROVISION, AND I'M CURRENTLY SCROLLING FEVERISHLY TO TRY AND FIND IT.
UM, THERE IS A PROVISION THAT ALLOWS FOR THE CLERK'S OFFICE TO GRANT, UH, AN EXTENSION IN THE EVENT OF, UM, A, A AN INJURY OR A NATURAL DISASTER OR SOME SORT OF ACT THAT OCCURS THAT WOULD, YOU KNOW, OR AN INABILITY TO PAY FOR A SPECIFIC REASON.
DO YOU HAVE THAT SITE? I HAVE IT.
IT WAS A CHANGE THAT WE MADE IN, UH, 2019, UM, AND IT WOULD BE TO SECTION FOUR DASH EIGHT DASH NINE.
UM, E R C ACTUALLY REVIEWED THESE, UH, PROPOSED AMENDMENTS, BUT THEY ADDED, UH, WE ADDED LANGUAGE TO, UM, B TO, DO YOU WANT ME TO READ WHAT IT SAYS? WOULD THAT BE HELPFUL? JUST SO THAT YOU KNOW FOR OKAY, SURE.
I'M SAYING NOD FROM COMMISSIONER DANBURG.
SO THE LANGUAGE THAT WAS ADDED STATES, THE CITY CLERK MAY WAIVE THE ELECTRONIC FILING REQUIREMENT OR PROVIDE OTHER REASONABLE ACCOMMODATION TO ACCOMMODATE A DISABILITY PURSUANT TO CITY CODE CHAPTER FIVE DASH SIX, DISCRIMINATION AGAINST A PERSON WITH DISABILITIES OTHER LAW, OR TO FACILITATE PROMPT RECEIPT, RECEIPT OF A REPORT FROM A PERSON WHO HAS SUFFERED A BUSINESS INTERRUPTION OR PERSONAL EMERGENCY AS DESCRIBED IN SUBSECTION D OF SECTION FOUR DASH EIGHT DASH 11, LATE FILING FEE.
VICE CHAIR, KALE, AND THEN SECRETARY.
UM, I WOULD LOVE TO KNOW IF, UM, THESE, UM, CODE PROPOSED COAST CHANGES ARE COMING IN RESPONSE TO PROBLEMS THAT WE'VE HAD WITH LOBBYISTS NOT FILING THEIR FEES, NOT DOING THE REGISTRATION, AND KEEPING UP WITH ALL THIS.
AND ACTUALLY BE HAPPY TO EXPLAIN TO TO YOU WHY THIS CAME ABOUT.
UM, AND I HAVE STAFF ARE WONDERFUL AND CREATED JUST LIKE A SCHEDULE FOR ME TO, UM, REFER BACK TO BACK IN OCTOBER OF 2022, UM, WHICH IS ONE OF THE QUARTERLY FILING DEADLINES.
WE ACTUALLY, UM, HAD A LOBBYIST WHO INCURRED SEVERAL LATE FEES.
AND IN DOING SO, WE RAN INTO A SITUATION WHERE THEIR FOURTH, UH, LATE FEE THAT THEY WERE GONNA GOING TO ACCRUE IF WE COUNTED, UM, CALENDAR DAYS AND NOT BUSINESS DAYS, UH, STAFF WOULD HAVE TO ISSUE THAT FEE ON THANKSGIVING DAY.
IT ENDED UP NOT BEING AN ISSUE BECAUSE THEY ENDED UP FILING AND PAYING THEIR FEES BEFORE THE FOURTH LATE FEE WAS DUE.
BUT THIS PROMPTED US TO THEN, UM, WORK WITH
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LAW AND, UM, YOU KNOW, REALIZE THAT WE NEEDED TO MAKE SOME CHANGES JUST TO CLARIFY THE LANGUAGE AND SO THAT WE DON'T HAVE TO ISSUE THOSE FEES ON WEEKENDS OR POTENTIAL HOLIDAYS.YES, I, I ECHO THE THANKS FOR THE GOOD WORK AND CLA AND MAKING THESE CLARIFYING STATEMENTS.
SO THANK YOU SO MUCH FOR THAT.
I JUST HAVE SOME QUESTIONS AND, UM, COMMENTS, UM, WHERE, AND MY INTEREST IS IN JUST MAINTAINING, YOU KNOW, WHEN YOU PICK ONE CONVENTION AND, AND, AND I THINK IT'S VERY PRECISE.
I LIKE THE, YOU KNOW, STATING THAT IT, YOU KNOW, UNLESS IT'S A FALLS ON A SATURDAY, SUNDAY OR CITY HOLIDAY.
AND SO I'D LIKE TO PRESERVE THAT AND JUST LIKE TO SEE THAT CONSISTENCY, UM, JUST REITERATED ANYTIME YOU'RE TALKING ABOUT A BUSINESS DAY IS, UNLESS I'M MISUNDERSTANDING, I DON'T WANT TO MAKE THE STATEMENTS INACCURATE, BUT, SO FOR EXAMPLE, IN A FOUR DASH EIGHT DASH FIVE A, WHEN YOU SAY THE FIFTH BUSINESS DAY, UM, ARE WE DEFINING AS THE DEFINITION OF BUSINESS DAY IS A DAY THAT IS NOT A SATURDAY, SUNDAY, OR A CITY HOLIDAY, THAT THAT WOULD APPLY FOR THIS ENTIRE ORDINANCE? CORRECT.
YES, THAT WOULD APPLY FOR THE, OKAY, GREAT.
WOULD YOU CONSIDER THAT THAT FEEDBACK AS TO ANY TIME, UH, ANY REFERENCE TO BUSINESS DAY THAT IT JUST COME OUT IN STATE, YOU KNOW, THAT IT'S A DAY THAT IS NOT A SATURDAY, SUNDAY OR CITY HOLIDAY.
UM, JUST FEEDBACK AND THEN SAME, SAME LOGIC WITH THE CONSISTENCY.
WHEN IN THIS ORDINANCE, WHEN WE'RE TALKING ABOUT A REPORT, ARE WE TALKING ABOUT JUST THE TWO KINDS OF REPORTS? IT'S EITHER A REGISTRATION OR ACTIVITY REPORT, IS THAT CORRECT? ARE THERE ANY OTHER REPORTS THAT ARE GERMANE TO THIS ORDINANCE? JUST THOSE TWO REPORTS.
SO SA SAME FEEDBACK AS ANY TIME, UH, ANY INSTANCE OF THE WORD REPORT, IF YOU WOULD JUST REPEAT THE, UH, REGISTRATION OR ACTIVITY REPORT.
SO FOR EXAMPLE, UM, LET'S SEE, B FOUR DASH EIGHT DASH 11 B, AND SEEING AS THIS IS THE FIRST SENTENCE THAT MENTIONS REPORT, IT MIGHT BE GOOD TO SAY THE CITY CLERK SHALL DETERMINE FROM ANY AVAILABLE EVIDENCE WHETHER A REGISTRATION OR ACTIVITY REPORT UNDER THIS CHAPTER IS LATE.
UM, AND AN OTHER INSTANCES LIKE AN F I'M MAKING A DETERMINATION THAT A REGISTRATION OR ACTIVITY REPORT IS LATE.
UM, I THINK THAT WAS IT ON THE CONSISTENCY, BUT I REALLY, I REALLY LIKE THE PRECISION.
UM, ON FOUR DASH EIGHT DASH 11 B TWO, THERE ARE, THERE ARE THREE TYPES OF FEES, CORRECT? OR THREE KINDS, REGISTRATION, RENEWAL AND LATE FEES THAT ARE MENTIONED.
SO AGAIN, JUST MAYBE, UH, WOULD THOSE APPLY AT THE BEGINNING OF, IN THE FIRST SENTENCE AS WELL? A REGISTRATION OR ACTIVITY REPORT IS NOT PROPERLY FILED WITHOUT ALL REQUIRED FEES, INCLUDING REGISTRATION, RENEWAL OR LATE FEES.
AND LET'S SEE, AND AGAIN, I LOVE THE POSITION WITH THE 11:59 PM ON THE DAY.
THAT'S NOT, AND JUST TO BE CLEAR, THERE ARE ONLY TWO TYPES OF FEES.
SO IN THE LAST SENTENCE OF THAT SAME SECTION, THE CITY CLERK MAY USE AN ELECTRONIC FORM THAT WILL PREVENT A FILER FROM SUBMITTING A REQUIRED REPORT UNTIL ALL REGISTRATION RENEWAL OR LATE FEES OWNED BY A REGISTRANT OWED BY REGISTRANT OR EMPLOYEE LOBBY LOBBYISTS ARE PAID.
SO THERE ARE, DO THOSE THREE TYPES OF FEES NOT APPLY IN THE FIRST SENTENCE? I THINK YEAH, I THINK I, I UNDERSTAND WHERE THE CONFUSION IS COMING FROM.
I THINK THAT REGISTRATION FEE IS THAT INITIAL, WHEN THAT INITIAL REGISTRATION IS DONE, THERE'S A FEE THAT GOES ALONG WITH THAT AND FEEL FREE TO JUMP IN IF I'M GETTING THAT INCORRECTLY.
AND THEN A SUB, THE SUBSEQUENT ANNIVERSARY RENEWAL REGISTRATION COMES WITH A RENEWAL.
THAT'S THE RENEWAL RENEWAL FEE, ESSENTIALLY.
[00:25:01]
YOU.UH, YEAH, THE REGISTRATION AND THE RENEWAL FEE ARE THE SAME.
IT, BUT IT, IT'S APPLIED AT THE RENEWAL AT THE YEARLY ON THE ANNIVERSARY DATE, BUT IT'S STILL THE SAME FEE.
SO IT'S CHARGED AND FROM THE FEE SCHEDULE, IT'S THE SAME FEE.
THEY JUST HAVE TO PAY IT ONCE A YEAR SO WHEN THEY REGISTER AND THEN ON THAT SAME DAY EVERY YEAR.
SO THE, THE FIRST SENTENCE, THE FEES THAT ARE REFERENCED IN THE FIRST SENTENCE ABOUT BEING PAID TIMELY, A REGISTRATION OR ACTIVITY REPORT IS, IS NOT PROPERLY FILED WITHOUT ALL REQUIRED FEES BEING PAID TIMELY.
THAT APPLIES TO THE, THE SAME THREE THAT ARE REFERENCED IN THE LAST SENTENCE.
WHETHER IT'S A REGISTRATION, A RENEWAL, OR A LATE FEE, WHATEVER, WHATEVER FEES APPLY IN THAT SITUATION HAVE TO BE PAID TIMELY.
SO MY, UM, RECOMMENDATION STILL STANDS IS JUST BEING CONSISTENT IF YOU'RE USING, CUZ IT LOOKS LIKE IT'S THREE DIFFERENT, THREE SEPARATE FEES, JUST TO REPEAT THAT IN THE FIRST SENTENCE SO THAT IT'S LIKE TH THIS CLAUSE APPLIES TO ANY OR ALL OF THOSE TYPES OF FEES.
I DON'T KNOW IF MY RECOMMENDATION MAKES SENSE OR FEEDBACK.
AND I, I WON'T BE HEARTBROKEN IF YOU DON'T, IF YOU DON'T MAKE THESE, UH, CHANGES.
UM, AND YEP, JUST, JUST AGAIN, WHERE THERE'S REPORT, WHETHER THERE'S BUSINESS, UH, DAY AND WHETHER FEES.
I DO HAVE A QUESTION ON, UH, THE LAST SENTENCE, G TWO, THE CLERK NEED NOT SEND ADDITIONAL NOTICES WHEN THE TOTAL OF THE LATE, EXCUSE ME, LET ME, LET ME BACK UP AND GO TO THE, TO NUMBER ONE G ONE.
IT'S A CUMULATIVE, CUMULATIVE MAXIMUM OF $500.
IS THAT PER REGISTRATION YEAR? I FEEL LIKE IT'S MISSING A QUALIFIER AS IN A DURATION, IS IT LIFETIME OF THE REGISTRATION BECAUSE IT'S ANNUAL REGISTRATION? CORRECT.
SO WOULD THAT BE A PER YEAR, PER REGISTRATION YEAR? SO THE CUMULATIVE FI, UH, $500 IS PER QUARTERLY ACTIVITY REPORT.
I THINK THAT'S, SO THEY RECEIVE A $50 LATE FEE EVERY 10TH DAY UP TO $500.
SO AFTER THE 10TH LATE FEE, WE, WE DO NOT CHARGE ANY ANYMORE, BUT IT DOESN'T INCLUDE THEIR REGISTRATION PIECE.
I THINK THAT'S AN IMPORTANT PIECE OF INFORMATION THAT, BECAUSE HERE, I I DIDN'T UNDERSTAND THAT THERE WAS A CERTAIN, I I UNDERSTAND THAT THE CITY CLERK SENDS OUT A 10 DAY NOTICE AND THERE CAN BE MULTIPLE, IT'S IT'S EVERY ITERATION OF EVERY 10 DAYS.
RIGHT? THEY COULD UP TO, UNTIL THAT MAXIMUM, TOTAL OF $500 IS REACHED.
BUT WHEN DOES IT, WHEN DOES THE CLOCK START OVER AGAIN? BECAUSE IT COULD BE, IS IT 500 AND, AND YOU SAID IT'S PER QUARTER.
THAT'S, UH, THAT'S DEFINITELY SIGNIFICANT.
DOES THAT MAKE SENSE WHAT I'M ASKING? BECAUSE IF IT'S LIKE PER YEAR, PER QUARTER, I MEAN, SO THEN IT STARTS ALL OVER AGAIN.
SO I'M, I'M THINKING, OH, FOR THE WHOLE YEAR, THE MAXIMUM, IF I, YOU KNOW, ACCRUE LATE FEES, IT'LL BE 500.
BUT ACTUALLY IT COULD START ALL OVER THE NEXT QUARTER, CORRECT? YES.
AND THOSE LATE FEES DO APPLY FOR YOUR REGISTRATION REPORT AS WELL.
SO IF YOU ARE LATE, SO YOUR REGISTRATION REPORT, YOU HAVE 10 DAYS TO PAY YOUR REGISTRATION FEE.
IF YOU DON'T PAY THE REGISTRATION FEE BY THE 10TH DAY, THOSE $50 LATE FEES WILL START ACCRUING IN THE SAME WAY THAT THEY WOULD FOR THE QUARTERLY ACTIVITY REPORT.
HOWEVER, YOU AREN'T ABLE TO FILE YOUR QUARTERLY ACTIVITY REPORT IF YOUR REGISTRATION HAS NOT BEEN FILED.
SO YOU WOULD THEN BE DENIED THE ABILITY TO FILE YOUR QUARTERLY ACTIVITY REPORT AND THEN BE GETTING LATE FEES FOR THAT UP TO $500 AS WELL.
[00:30:01]
IT'S PER AT, PER REPORT.AH, THAT IS, MAYBE I'M JUST DENSE, BUT THAT WASN'T OBVIOUS TO ME THAT IT'S PER REPORT.
I THINK IT'S NOT, I'M NOT SURE BECAUSE I WASN'T HERE AT THE LAST ROUND WHERE WE EDIT THIS.
I'M NEWER TO THE CLERK'S OFFICE, BUT I THINK IT'S BECAUSE THIS SECTION WAS SPECIFICALLY GEARED TOWARD LIKE A FILING FEE PER REPORT.
SO THEY DIDN'T OUTLINE IT AS IF IT'S YEAH, I, I THINK, AND I MEAN WE CAN MAJIK IF YOU CAN, I MEAN WE CAN ADD LANGUAGE THAT STATES, YOU KNOW, AT THE END OF THE 500 PER QUARTERLY ACTIVITY REPORT.
IF THAT'S OKAY, IF THAT WORKS.
IT'S ALSO PER REGISTRATION, CORRECT.
YEAH, BECAUSE THIS FILING FEE, THE LATE FEE IS PER FILING.
SO I THINK THAT'S WHY YEAH, IT'S, I THINK THAT WOULD BE VERY HELPFUL IF WE ADD THAT, THAT, UH, ADD A STATEMENT JUST TO BE, JUST TO CONTINUE WITH Y'ALL BEING SO CLEAR.
I THINK THAT WOULD BE VERY HELPFUL.
UM, AND THEN MOVING ON TO G2, UM, MAXIMUM, COULD WE REPEAT, WOULD YOU CONSIDER REPEATING THAT MAXIMUM INSTEAD OF SAYING REACH THE MAXIMUM AMOUNT THE CLERK NEED, NOT SEND ADDITIONAL NOTICES WHEN THE TOTAL OF THE LATE FEES HAS REACHED THE MAXIMUM AMOUNT OF $500 PER AND JUST REPEATING MAY NOT.
THANK YOU FOR, FOR BEING RECEPTIVE TO THAT.
UH, VICE CHAIR CA AND THEN COMMISSIONER DAN BROOK.
I SAW, ACTUALLY SAW A COMMISSIONER 10 YUKO WITH HER HAND UP OVER THERE.
I WAS JUST GONNA PIGGYBACK OFF WITH, UH, COMMISSIONER STANTON SAID, BUT I ALSO THINK THAT IT MIGHT BE BETTER TO CLARIFY HOW MANY, HOW OFTEN IT'S SENT.
SO EVERY 10, IT'LL CONTINUE TO BE EVERY 10 DAYS UNTIL IT, THE CUMULATIVE AMOUNT.
UM, I THINK THAT THAT, IF YOU CAN ADD THAT TOO, BECAUSE AFTER THE 10 DAYS, I WOULD LIKE TO KNOW WHAT'S GONNA HAPPEN AGAIN UNTIL, UM, AND THEN ON THE, I HAVE MINOR, JUST ONE OTHER LITTLE MINOR SMALL THING ON B ONE, I'M CITY HOLIDAY IN ONE SPOT, IT'S CAPITALIZED VERSUS NOT CAPITALIZED ON ANOTHER.
AND THEN ONE QUESTION ABOUT A, A PERSON WHO IS REGISTERED TO REQUIRE, MUST FILE AN ANNUAL REGISTRATION ON THE ANNIVERSARY OF THE INITIAL REGISTRATION UNTIL THE REGISTRATION IS T TERMINATED.
I'M QUESTIONING THE WORD UNTIL, IS IT UNTIL, OR IS IT BEFORE, BEFORE THE REGISTRATION IS TERMINATED? WOULD, OR DO YOU, IS IT UP UNTIL IT SEEMS LIKE IT SHOULD BE BEFORE IT'S TERMINATED, BUT I THINK THAT MAKES A BIG DIFFERENCE.
I THINK IT IS UNTIL, BUT I, I SEE WHERE YOU'RE GOING WITH THAT.
I, AND IT'S A VERY DIFFERENT, UM, IT'S A VERY DIFFERENT, UM, REGULATION OR RULE, RIGHT? ONE, ONE IS, IF IT'S, IF IT'S BEFORE THEN THAT'S BASICALLY SAYING YOU HAVE TO DO THIS BEFORE OR THE REGISTRATION IS TERMINATED.
I IS THAT THE CASE AND SO, OR IS IT YOU OR IS IT A TIMELINE THING? IS IT A REQUIREMENT THING OR IS IT A TIMELINE THING WHERE IT'S LIKE YOU HAVE UP UNTIL YOUR REGISTRATION IS, CUZ THAT'S HOW I READ IT AS A TIMELINE.
SO I'M GLAD YOU ASKED THAT QUESTION.
I'M SORRY I JUST KIND OF BARGED INTO THIS
I DID FIND I HAVE THE ORIGINAL ORDINANCE IN FRONT OF ME AND ACTUALLY IN THAT SAME SECTION, WHICH IS, I THINK THIS IS WHAT HELPED ME KIND OF READ THROUGH EVERYTHING.
CUZ IF WE'VE GOT THE ORIGINAL, WE'VE GOT THE ONE FROM 2019, THEN THESE PROPOSED CHANGES PIECING 'EM ALL TOGETHER.
BUT UNDER, UM, SAME SECTION FOUR EIGHT DASH FIVE REGISTRATION, THERE'S ACTUALLY SIMILAR LANGUAGE UNDER C AND IT STATES A REGISTRANT SHALL FILE ACTIVITY REPORTS UNTIL THE REGISTRANT TERMINATES THE REGISTRANT'S REGISTRATION
I'M HAPPY TO READ THE REST OF THE SENTENCE, BUT THAT LANGUAGE IS IN, IS CRAFTED IN THE ORIGINAL ORDINANCE, UH, THE UNTIL, AND SO WE PULLED THAT SAME LANGUAGE TO KIND OF REITERATE, BUT THE REST OF THAT DOES MAKE A DIFFERENCE THOUGH.
SO TO MAINTAIN THE, UNTIL THE REGISTRANT TERMINATES THE REGISTRATION IS ACTUALLY A, IS A, A SIGNIFICANT INTERPRETATION.
[00:35:01]
IS TERMINATED.SO THE THERE IS AN ACTIVE STEP THAT THE REGISTRATION TAKE THE REGISTRANT TAKES TO TERMINATE.
YOU KNOW, THEIR STATUS AS A LOBBYIST AND SO THAT'S A, THAT'S A FORM THAT IS FILLED OUT.
SO YEAH, SO IT WOULDN'T BE BEFORE IT WOULD BE UNTIL RIGHT.
AND, AND I GUESS WHAT I'M SUGGESTING IS THAT WE ACTUALLY KEEP THE ORIGINAL LANGUAGE BECAUSE IT MAKES A DIFFERENCE IN INTERPRETATION BECAUSE THE WAY THIS IS WRITTEN HERE, THIS IS UNTIL IT IT DOES NOT, UM, IT DOES NOT REFLECT THAT IT'S AN ACT OF LIKE, IT'S SOMETHING THE REGISTRANT IS EMPOWERED TO DO TO TERMINATE IT.
THIS FEELS MORE LIKE THIS COULD BE LIKE SOME SORT OF, UM, SANCTION OR PUNISHMENT, I CAN'T THINK OF THE RIGHT WORD, BUT YOU, YOU KNOW WHAT I MEAN? I THINK THAT'S MAYBE WHERE, UM, COMMISSIONER TONY YUCCA WAS, WAS HEADING TO.
IT'S LIKE, IS IT IF YOU DON'T DO THIS, THEN YOUR REGISTRATION IS TERMINATED.
BUT ACTUALLY NO, IT'S, YOU DO THIS UNTIL YOU TERMINATE YOUR REGISTRATION.
SO WE'RE ACTUALLY KEEPING BOTH, BOTH CLAUSES IN IN THE CODE.
WE'RE NOT REMOVING THE OTHER ONE.
SO IT'S JUST, THESE ARE JUST AMENDMENTS.
SO THIS, THE, THE ORDINANCE IS ONLY LISTING LIKE THE SMALL PARTS THAT WE'RE EDITING.
SO THERE'S MORE AH, WHERE THAT LANGUAGE STILL, AND I JUST HAD, SORRY.
YOU'RE WELCOME TO LOOK AT MY, JUST AM MY OUT, BUT, UM, FOUR DASH EIGHT DASH FIVE A IS WHAT WE WERE JUST ADDING THAT ADDITIONAL SENTENCE THAT'S ALSO REITERATED UNDER FOUR DASH EIGHT DASH FIVE C.
AND SO YOU DON'T SEE THAT IN FRONT OF YOU SINCE WE'RE NOT, YOU KNOW, CAUGHT, WE'RE NOT MAKING CHANGES TO THAT SECTION.
IT'S NOT LISTED IN THIS DRAFT ORDINANCE.
THANK YOU FOR THAT CLARIFICATION.
AND THEN THE LAST COMMENT I WAS GONNA MAKE ON G IT THE WORD AFTER THE 10TH DAY AFTER IT SEEMS REDUNDANT, MAYBE JUST FIRST BUSINESS DAY OCCURRING THE 10TH DAY AFTER THE DATE.
I DON'T KNOW THOSE, THOSE ARE JUST MY COMMENTS.
UH, COMMISSIONERS, ANY OTHER QUESTIONS OR CO GO AHEAD.
I'M JUST STILL GETTING BACK TO MY ORIGINAL QUESTION, WHICH IS, UH, DO WE HAVE A PROBLEM WITH LOBBYISTS FILING THEIR LATE FEES? IS THIS SOMETHING THAT HAPPENS A LOT AND THAT IT'S, I WOULD SAY WE HAVE NO MORE THAN EVERY QUARTERLY DEADLINE.
NO MORE THAN FIVE LOBBYISTS WHO FILE EIGHT.
AND WE HAVE CURRENTLY, I BELIEVE IT'S A HUNDRED AND WHAT'S THE NUMBER? 170.
WE CURRENTLY HAVE 153 REGISTERED LOBBYISTS.
AND I, I ASSUME THAT WHEN THEY REGISTER ALL THIS INFORMATION IS THEY CAN CLICK ON A LINK AND GO TO IT AND FIND OUT ALL THESE REQUIREMENTS AND STUFF.
UH, I'LL RECOGNIZE FOR THE RECORD, COMMISSIONER WILLIAMS, WELCOME.
UH, AND I SEE COMMISSIONER DAN BROOKS HAND GO AHEAD.
I THINK THIS IS CLEAR THAT WHAT YOU'RE BASICALLY DOING IS FINDING 'EM AND REMINDING THEM UNTIL THEY EITHER PAY UP AND CATCH UP OR DO THEIR TERMINATION.
BUT MY QUESTION IS, ONCE IT GETS TO THAT $500 THRESHOLD, THEN WHAT DOES THE CITY THEN ACTIVELY TERMINATE THEM OURSELVES? LIKE THAT? THAT'S GOOD.
SO ACTUALLY, WHENEVER THAT HAPPENS, WE HAVE TO LET YOU ALL KNOW THAT THIS IS HAPPENING AND IT HAS TO COME UP TO THE ETHICS REVIEW COMMISSION.
SO, UM, JUST TO CLARIFY A LITTLE BIT MORE ABOUT WHAT ERICA MENTIONED, UM, USUALLY IT'S MAYBE FIVE LATE FEES THAT WE HAVE TWO ISSUE AFTER, UM, THE DEADLINE.
UM, AND THEY TEND TO PAY ON THAT ON THE FIRST ROUND.
SO IT'S ONLY MAYBE LIKE ONE PERSON THAT WE HAVE TO KEEP REISSUING THOSE, UM, LATE FEES.
ANY OTHER QUESTIONS? THANK YOU FOR THAT.
UM, I'M ACTUALLY, UH, STRUGGLING TO REMEMBER MYSELF, UH, IF THIS IS
[00:40:02]
RELEVANT.I DO REMEMBER, AND MAYBE OTHER COMMISSIONERS WITH DEEP INSTITUTIONAL KNOWLEDGE MIGHT REMEMBER TOO, UM, AN OCCASION WHERE COMPLAINTS WERE FILED AGAINST, UH, SOME DOZEN LOBBYISTS, UH, FOR, UH, THEY, THEY WERE QUICKLY DISMISSED AFTER THERE WAS COMPLIANCE.
I'M, I'M FORGETTING THE DETAILS, BUT IT WAS, IT WAS QUITE A SCENE WHERE WE WERE IN THE, UM, UH, I THINK THE EXECUTIVE SESSION ROOM.
NO, WE WERE IN THE BARTON SPRINGS, UH, ONE TEXAS CENTER AND IT WAS ROOM FULL OF CITY LOBBYISTS, ALL THAT, UH, RESPONDING TO COMPLAINTS.
COMMISSIONER DANK, WERE YOU AROUND FOR THAT? THIS ISN'T COMING TO ME IN OUR REAL INSTITUTIONAL RE RECCO.
RECALLER IS NOT HERE TONIGHT FOR A TRUE, VERY UNUSUAL CHANGE.
UM, BUT, UH, I, SO I DON'T KNOW IF I HAVE ANY ADDITIONAL QUESTIONS OR COMMENTS ON THESE CHANGES.
UM, I'M READY TO MAKE A MOTION IF EVERYONE ELSE IS COMFORTABLE AND FEELS LIKE THEIR QUESTIONS HAVE BEEN ANSWERED.
UM, SO, UH, MY MOTION WOULD BE JUST TALK ABOUT IT OPENLY THAT, UH, WE UH, I GUESS APPROVE OR ADOPT THESE PROPOSED ORDINANCES, UH, AND REQUEST THAT, UH, THE CITY CLERK'S OFFICE TAKE INTO CONSIDERATION, UM, ARE COMMENTS AND RECOMMENDATIONS AS THEY FORWARD IT TO CITY HALL OR TO THE COUNCIL RATHER A SECOND.
I'LL SECOND THAT MOTION SECONDED BY SECRETARY STANTON ADAMS. UM, I WILL ASK ALL THOSE IN FAVOR, SAY AYE.
AND RAISE YOUR HAND IF YOU ARE REMOTE AND I WILL COUNT YOU.
JUST FOR THE RECORD, COMMISSIONERS LARRY IN DANBURG WITH THEIR HANDS UP FOR AYE.
UM, ALL THOSE NAY AND ABSTAINING, SEE COMMISSIONER WILLIAMS ABSTAINING THE REST AYE THAT WERE PRESENT.
SO I THINK THAT DOES THAT MOTION PASS, IT'S THE MAJORITY OF THOSE PRESENT, CORRECT? YES.
WELL THANK YOU COMMISSIONERS AND THANK YOU CITY CLERK'S OFFICE.
WE REALLY APPRECIATE YOU WALKING THROUGH IN DETAIL WHAT'S GOING ON HERE.
[2. Approve the minutes of the Ethics Review Commission Regular Meeting on December 14, 2022.]
APPROVAL OF MINUTES.UM, I WAS NOT HERE FOR THE DECEMBER MEETING, SO, UM, I PERSONALLY WILL BE ABSTAINING.
UH, I ASSUME THAT WE HAVE ENOUGH COMMISSIONERS TO VOTE ON THE MINUTES, UM, AND APPROVE THEM.
I WILL LET SECRETARY STANTON, IF ANYONE HAS COMMENTS ON THE CONTENT OF THE MINUTES, I'M HAPPY TO TURN IT OVER.
I DID NOT, UH, GET MY COMMENTS IN, IN TIME, UM, FOR Y'ALL TO GET THERE REVISED.
UM, MOST OF THEM ARE MINOR, UM, PUNCTUATION AND THERE'S ONLY ONE THAT I CONSIDER SIGNIFICANT WHERE I WOULD LIKE TO, UM, ASK FOR, UH, THE COMMISSION'S, UH, INPUT BECAUSE I'M NOT EXACTLY SURE ABOUT THE, UM, UH, ABOUT MY SUGGESTED, UH, VERBIAGE.
SO MAY I WALK THROUGH THOSE SEVEN WITH YOU NOW? GO AHEAD.
SO, UM, ON ON PAGE TWO, THIS WOULD BE UNDER PRELIMINARY HEARING.
IT'S THE SECOND, UM, UH, BOLD PARAGRAPH THAT RE BEGINS PARTIES ATTENDING AND YOU'LL SEE THIS PUNCTUATION THROUGHOUT AS WELL, JUST SUGGESTING THAT WE REMOVE THE COMMA AFTER, UH, TITLE SUCH AS A COMPLAINANT SO THAT IT IS CLEAR THAT COM COMPLAINANTS, SO FOR EXAMPLE, COMPLAINANT REMOVE THE COMMA COMPLAINANT DOUG KEENAN, SO THAT IT'S CLEAR THAT COMPLAINANT AND DOUG KEENAN ARE NOT TWO SEPARATE INDIVIDUALS.
UM, SO REMOVING THAT COMMA, SO THAT REID'S COMPLAINANT, DOUG KEENAN APPEARED BY REMOTE CONNECTION.
AND THEN, UM, RELATED SAME THING, REMOVING THE COMMA AFTER RESPONDENT SO THAT IT'S RESPONDENT PAGE ELLIS.
UM, AND ALSO I DISMISS THE AFTER RESPONDENT'S MANAGER AS WELL.
RESPONDENT'S MANAGER EDWARD ESPINOZA.
UM, IS IT CLEAR MY LOGIC WITH THAT? OKAY.
AND THEN, UH, FURTHER DONE, SAME THING COMPLAINANT KEENAN WITHOUT THE COMMA SEPARATING COMPLAINANT AND KEENAN, UM, THE LARGE PARAGRAPH THAT BEGINS COMMISSIONER GREENBERG'S
[00:45:01]
MOTION.I THINK WITH THAT APOSTROPHE IT MAKES IT A, UM, UM, A CLAUSE AND NOT A SENTENCE.
SO COMMISSIONER GREENBERG'S MOTION THAT THERE ARE REASONABLE GROUNDS TO BELIEVE A VIOLATION HAS OCCURRED.
I THINK THE INTENT IS COMMISSIONER GREENBERG MOVED OR MADE A MOTION THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THE VIOLATION HAD OCCURRED.
DOES THAT MAKE SENSE? IT MAKES SENSE, YES.
THERE'S A TEMPLATE THAT WE FOLLOW WHICH IS DISTRIBUTED IN, IN KIND OF LIKE THE PHRASING.
USE, UM, I CAN DEFINITELY SEND A TEMPLATE TO ALL COMMISSIONERS SO THAT YOU CAN SEE WHAT THE TEMPLATE LOOKS LIKE OF THE AGENDA AS WELL AS THE MINUTES.
THIS ONE HERE, BECAUSE, BECAUSE IT'S REPEATED BECAUSE, UM, THERE'S ANOTHER SENTENCE WHERE IT TALKS ABOUT A AND IT IS, IT IS WRITTEN, UM, CLEARLY WHERE IT'S THIS COMMISSIONER MADE A MOTION.
UM, I THINK THIS ONE RIGHT HERE, IT'S JUST MISSING IT, IT READS AS A CLAUSE RATHER THAN A, RATHER THAN A COMPLETE SENTENCE.
THEN THE NEXT ONE, THIS IS THE ONE THAT I'D LIKE FEEDBACK BECAUSE I'M NOT EXACTLY SURE IF MY SUGGESTION WOULD MAKE IT INACCURATE.
THE SENTENCE THAT READS THE MOTION WAS TABLED BY THE COMMISSION TO ALLOW FOR CONSIDERATION OF A MOTION MADE BY COMMISSIONER WILLIAMS REGARDING GOING INTO A SECOND EXECUTIVE SESSION TO GET CLARIFICATION ON FINDINGS OF, AND THIS IS WHERE I AM SUGGESTING FINDINGS OF POSSIBLE VIOLATIONS.
OR ARE THEY IN FACT DEEMED VIOLATIONS ALREADY? THIS IS WHERE I'M STUCK CUZ I, I I'M THINKING THEY ARE FINDINGS OF POSSIBLE VIOLATIONS.
I THINK, UM, MY INTERPRETATION OF THAT, I SUGGEST WE LEAVE IT AS IS BECAUSE I THINK, AND COMMISSIONER WILLIAMS COULD CLARIFY FOR ME, I THINK HE WAS TALKING ABOUT VIOLATIONS GENERALLY.
SO GENERALLY FINDINGS ABOUT VIOLATIONS.
BUT PLEASE CLARIFY FOR ME IF I'M INACCURATE.
I THOUGHT IT WAS SPECIFICALLY FOR THAT CASE THAT THERE WAS ENOUGH, UM, CAUSE I REMEMBER LIKE THE EXCEL ON THEIR LIST AND IT WAS LIKE, YEAH, IT'S OBVIOUS HERE.
AND I THOUGHT COMMISSIONER WILLIAMS WANTED TO GO INTO EXECUTIVE SESSION TO, SO THAT WE COULD GET CLARIFICATION ON THIS EVIDENCE.
BUT THIS EVIDENCE, I DON'T KNOW IF WE CAN CONSIDER THIS EVIDENCE AS OH, FOR SURE THEY, THEY ARE VIOLATIONS.
OR WAS IT THERE POSSIBLE VIOLATIONS? LET'S GET CLARIFICATION.
DO YOU REMEMBER COMMISSIONER WILLIAMS? YES, I DO.
I THINK I WAS MOTIONING TO GET CLARIFICATION ON THE STANDARD BECAUSE I BELIEVE THAT THE STANDARD IS MORE AKIN TO A CRIMINAL STANDARD PROBABLE CAUSE OR REASONABLE SUSPICION AND GETTING CLARIFICATION, UM, AS TO WHAT THAT STANDARD MEANS, UM, GENERALLY SO THAT WE COULD APPLY IT TO THE SPECIFIC ALLEGATIONS THAT WERE IN QUESTION.
WELL, I AM NOT SURE HOW TO YEAH, WE HAD TO WATCH THAT VIDEO, GO BACK AND WATCH THE VIDEO
UM, AND YEAH, IT WAS, IT WAS, THE DISCUSSION OF THE STANDARD WAS MORE TO, TO ASSESS GENERAL VIOLATIONS AND IT WASN'T SPECIFIC TO OKAY, GOTCHA.
ASSESSING WHETHER A VIOLATION HAD OCCURRED.
IT WAS REALLY TO KIND OF GET ADVICE ON HOW TO THEN LATER APPLY THAT TO THE GIVEN CASE.
SO IT, IT'S GET CLARIFICATION ON THE STANDARD OF FINDING VIOLATIONS OR THE STANDARD OF VIOLATIONS.
I THINK THAT'S AN IMPORTANT MAY I'LL DEFER TO YOU COMMISSIONER WILLIAMS, IF YOU WOULD READ THAT SENTENCE AND, AND SEE IF THAT ACCURATELY REFLECTS YOUR MOTION.
THE MOTION WAS TABLED BY THE COMMISSION TO ALLOW FOR CONSIDERATION OF A MOTION MADE BY COMMISSIONER WILLIAMS REGARDING GOING INTO A SECOND EXECUTIVE SESSION TO GET CLARIFICATION ON FINDINGS OF VIOLATIONS.
SO I, I THINK MY INTENT WAS TO GET CLARIFICATION ON THE STANDARD, ON THE APPLICABLE, APPLICABLE BURDEN THAT MUST BE MET IN ORDER FOR US TO FIND A VIOLATION HAS OCCURRED.
AND I FEEL LIKE THIS DOES NOT ACCURATELY REFLECT THAT.
SO, UM, LET'S, ARE Y'ALL OKAY WITH, WITH MAKING THAT CHANGE
[00:50:01]
SO THAT IT, OKAY.AND SO, UM, WE'LL GET CLARIFICATION ON THE STANDARD.
I'M SORRY, COMMISSIONER WILLIAMS. WOULD YOU, ON THE STANDARD OF THE, THE STANDARD THAT APPLIES IN THE, I'M PROBABLY OVERSIMPLIFYING IT HELP US WITH THIS WORDSMITHING.
SO, SO IF I, IF I RECALL CORRECTLY, I THINK THE STANDARD WAS REASONABLE GROUNDS, RIGHT? REASONABLE.
AND I BELIEVE THAT WE, THE ARGUMENT THAT I WAS MAKING IS THAT OFTENTIMES I BELIEVE THAT WE INTERPRET REASONABLE GROUNDS DIFFERENTLY FROM WHAT I THINK IS TRUE INTENT TRULY IS.
AND SO MY QUESTION WITH, WITH REGARDS TO THAT STANDARD, PERHAPS GETTING A MORE IN DEPTH UNDERSTANDING FROM COUNSEL AS TO WHAT THAT STANDARD MEANS? YES, SURE.
SO HOW ABOUT GET CLARIFICATION ON THE STANDARD OF WHAT CONSTITUTES REASONABLE GROUNDS? WOULD THAT WORK FOR YOU? OKAY.
THAT, THAT IS THE SIGNIFICANT, UM, CHANGE THAT I'D LIKE TO MAKE.
UM, LAST PARAGRAPH, SAME THING WITH THE PUNCTUATION, JUST REMOVING THAT COMMA BETWEEN RESPONDENT AND ELLIS.
AND THEN THE LAST ONE, UM, ON PAGE THREE, THE LARGE PARAGRAPH THAT BEGINS REGARDING SANCTIONS, IT'S ACTUALLY THE, THE THIRD SENTENCE THAT READS COMMISSIONER LOVENS, THERE WOULD BE NO APOSTROPHE, IT'S COMMISSIONER LOVENS, NO APOSTROPHE MADE A SUBSTITUTE MOTION AND SO FORTH.
THANK YOU FOR, FOR THE MINUTES.
IT IS, UM, I DO RECOGNIZE THAT IT IS ACTUALLY QUITE AN EFFORT.
IT'S NOT AS EASY AND QUICK AS PEOPLE TEND TO THINK.
SO I APPRECIATE YOUR HARD WORK WITH THIS AND THANK YOU FOR YOUR DILIGENCE.
UM, COMMISSIONER WILLIAMS, GO AHEAD.
SO WE HAVE A MOTION, A MOTION TO ADOPT, UH, THE CORRECTIONS.
UM, DO WE HAVE A SECOND? I'LL SECOND IT.
AND I WILL ABSTAIN BECAUSE I WAS NOT THERE.
UM, BUT THAT PASSES, UH, I BELIEVE 7 0 1.
UM, SO NOW WE HAVE THE MINUTES BEFORE US.
DOES ANYONE WANT TO MOVE TO ADOPT THE MINUTES? COMMISSIONER WILLIAMS. MOVING TO ADOPT THE MINUTES.
DO I HAVE A SECOND? SECOND BY COMMISSIONER 10.
ALL THOSE IN FAVOR OF ADOPTING THE MINUTES, SAY AYE.
ALL THOSE NAY ABSTAINING MYSELF, UM, BY THAT SAME MARGIN, THEN THE MINUTES ARE ADOPTED.
THANK YOU STAFF FOR PREPARING THE MINUTES.
THANK YOU SECRETARY STANTON FOR YOUR, FOR YOUR VIGILANCE.
UM, I THANK THAT IS THE END OF OUR AGENDA.
[FUTURE AGENDA ITEMS]
NOW WE CAN TALK ABOUT FUTURE AGENDA ITEMS. IF COMMISSIONERS WANT TO DISCUSS WHAT A FUTURE AGENDA ITEM MIGHT BE.UM, ALSO FLOORS OPEN FOR ANNOUNCEMENTS.
IF ANYONE HAS ANY ANNOUNCEMENTS THEY WOULD LIKE TO MAKE.
COMMISSIONER DANBURG, GO AHEAD WITH MY APOLOGIES PARTICULARLY TO COMMISSIONER GREENBERG BECAUSE I HAVE NOT DONE ANYTHING TO, UH, GET TO OUR, UM, SELECT SUBCOMMITTEE OR WORKING GROUP, UH, ON, ON AN ISSUE THAT SHE AND I WERE WORKING ON.
AND ALSO, MY APOLOGIES TO THE COMMISSION, I AM NOT SEEKING TO BE REAPPOINTED, SO SOMEONE ELSE IS GOING TO HAVE TO WORK WITH COMMISSIONER GREENBERG AND I'M SURE THAT THAT, UH, SHE'LL BE DILIGENT.
NO, I AM ALSO NOT GOING TO CONTINUE ON THE COMMISSION, MAN.
MY, YEAH, I THINK THE ONLY ANNOUNCEMENT I WAS GONNA HAVE WAS SOMETHING TO THE EFFECT OF, UH, THERE'S GONNA BE APPARENTLY SIGNIFICANT TURNOVER ON THIS COMMISSION IN THE NEAR FUTURE.
UM, UH, IN THE EVENT THAT WE DO NOT HAVE THE CHANCE TO MEET AGAIN, AT LEAST IN THIS GROUP, I WILL SAY THAT IT HAS BEEN AN HONOR TO SERVE WITH EVERYONE HERE.
UM, AND LOOKING FORWARD TO SEEING YOU OUT IN THE WIDER WORLD.
UM, UH, I THINK THEN THAT IF I, IF I COULD JUST, OF COURSE, YEAH.
LINDSAY, 60 DAY AUTOMATIC HOLDOVER PERIOD, CORRECT.
UM, SO THAT WOULD TAKE US THROUGH, UH, THE APRIL MEETING.
OBVIOUSLY NO ONE IS REQUIRED TO
[00:55:01]
THROUGH THAT TIME, BUT I JUST WANT TO GENTLY OFFER THAT AS, UH, AS A REMINDER YOUR SERVICE WOULD BE APPRECIATED AND WELCOME IN THAT HOLDOVER PERIOD.UM, UH, IN THE EVENT THAT WE DON'T HAVE ANY MEETINGS IN THAT PERIOD, THEN, UH, WELL WISHES.
UM, AND, UH, EVERYTHING I SAID STILL APPLIES.
UM, UNLESS ANYONE ELSE HAS ANY OTHER ANNOUNCEMENTS OR AGENDA ITEMS THEY WOULD LIKE TO PUT IN A FUTURE MEETINGS AGENDA.
UM, I WILL GO AHEAD, SECRETARY STANTON, UH, CHAIR, I JUST WANNA SAY IN, IN CASE, UM, WE, WE DO NOT RECONVENE AS A COMMISSION.
UM, I FIND YOUR, YOUR LEADERSHIP HERE ON THIS COMMISSION VERY INSPIRING.
YOU ARE, YOU KNOW, EXTREMELY PROFESSIONAL, CALM, VERY DILIGENT WITH APPLYING, UM, YOU KNOW, UNDERSTANDING AND, AND READING THROUGH, UH, THE ORDINANCE AND, AND THE LEGAL LEASE.
AND IT'S BEEN INSPIRING TO ME.
IT'S, IT'S BEEN AN HONOR FOR THE SHORT TIME THAT I'VE HAD, UM, TO WORK WITH YOU.
UM, UH, I WILL AND BEING A GREAT DAD TOO.
UM, I REALLY GREATLY APPRECIATE THAT.
UH, I WILL CLOSE THE FLOOR TO ANY OTHER, UM, UH, SUCH AD AND PRAISE.
UM, THE FLOOR IS CLOSED FOR THAT AND I WILL, UH, ADJOURN BEFORE ANYONE ELSE CAN GET ANYTHING ELSE IN.
UM, THE ETHICS REVIEW COMMISSION MEETING THE TIME IS 7 0 6.
THANK YOU ALL VERY MUCH FOR YOUR PARTICIPATION AND SERVICE.
MEMBERS OF THE PUBLIC HAVE A GREAT EVENING.
I CAN'T FIND A FRIEND AND THE SUN WON'T SHINE ON THIS.