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[00:00:02]

EVERYONE WE'RE GONNA HAVE FOR THE EVENING.

SO WE'LL GO AHEAD

[CALL TO ORDER]

AND GET STARTED.

GOOD EVENING, EVERYONE.

MY NAME IS LUIS OBON.

I AM CHAIR OF THE CITY OF AUSTIN ETHICS REVIEW COMMISSION, AND I CALL THE ETHICS REVIEW COMMISSION MEETING TO ORDER.

TODAY IS JUNE 28TH, 2023.

IT IS 6:14 PM AND WE ARE IN CITY HALL, THE BOARDS AND COMMISSIONS.

ROOM NUMBER 1101 AT 3 0 1 WEST SECOND STREET IN AUSTIN, TEXAS, 78 701.

I'LL GO AHEAD AND CALL THE ROLE CHAIR SOBER ON IS PRESENT.

SECRETARY STANTON ADAMS. HERE.

COMMISSIONER CASTO? HERE.

COMMISSIONER LOWE.

HERE.

COMMISSIONER LEVINS.

HERE.

COMMISSIONER 10 YUCA.

HERE.

COMMISSIONER WILLIAMS PRESENT.

AND COMMISSIONER HUMPHREY HERE.

GREAT.

WE HAVE A QUORUM.

UH, AND VICE CHAIR.

KALE IS ABSENT.

UH, BRIEFLY.

I WILL WANNA WARMLY WELCOME OUR NEWEST COMMISSIONER, COMMISSIONER HUMPHREY.

HAPPY TO HAVE YOU.

THAT IS ONE VACANCY DOWN, TWO TO GO.

UM, NEXT UP WE HAVE PUBLIC COMMUNICATION.

WE DON'T HAVE ANY SPEAKERS, I DON'T THINK LINED UP TO SPEAK, SO WE CAN GO RIGHT INTO OUR AGENDA.

AND THANKFULLY IT

[1. Review of the jurisdictional determination for the complaint filed by Janice Felder against John Umphress, raising claimed violations of City Code Chapter 2-1 (City Boards), Section 2-1-48 (Rules of Order).]

IS A BRIEF ONE.

UM, FIRST ITEM ON THE AGENDA IS REVIEW OF THE JURISDICTIONAL DETERMINATION FOR THE COMPLAINT FILED BY JANICE FELDER AGAINST JOHN FRIS RAISING CLAIMED VIOLATIONS OF CITY CODE CHAPTER TWO DASH ONE CITY BOARDS SECTION TWO DASH ONE DASH 48 RULES OF ORDER.

UH, SO PURSUANT TO OUR GOVERNING CITY CODE, ANYTIME I AS CHAIR MAKE A JURISDICTIONAL DETERMINATION THAT A COMPLAINT ALLEGING A VIOLATION OF CITY CODE IS NOT WITHIN OUR JURISDICTION, THE COMMISSION, ALL OF YOU HAVE AN OPPORTUNITY TO REVIEW IT AND DECIDE WHETHER OR NOT I WAS RIGHT OR WRONG.

UM, I AM HAPPY TO ANSWER QUESTIONS IF YOU HAVE THEM ABOUT MY JURISDICTIONAL DETERMINATION.

THE VERY BRIEF SUMMARY OF WHY I MADE THAT DETERMINATION IS THAT THE ALLEGED VIOLATION OF TWO DASH ONE DASH 48 DOESN'T FALL WITHIN OUR JURISDICTION AS IT'S OUTLINED IN CHAPTER TWO DASH SEVEN.

UM, TWO DASH ONE DASH FOUR EIGHT IS SIMPLY NOT AMONG THE ENUMERATED PARTS OF CODE THAT WE HAVE JURISDICTION OVER.

UM, HAPPY TO ANSWER QUESTIONS IF ANYONE ON THE COMMISSION HAS THEM.

UH, WE DON'T HAVE TO TAKE ANY SPECIFIC ACTION, BUT IF SOMEONE WANTED TO TALK ABOUT IT OR EVEN, UH, OVERTURN ME, I'M NOT INFALLIBLE, UM, THIS WOULD BE THE TIME TO DO IT.

YEAH.

COMMISSIONER LOWE, GO AHEAD.

UH, IT APPEARED TO ME THAT THIS COMPLAINANT WANTED TO FILE AGAINST TWO SEPARATE RESPONDENTS, SO MAYBE WE SHOULD JUST NOTE FOR THE RECORD THAT THAT APPEARS TO BE THE CASE AND, UM, SHE CAN DO WHAT SHE WISHES WITH THAT INFORMATION.

SURE, THAT'S FAIR.

UM, AND, UH, DEPENDING ON THE OUTCOME OF THIS SPECIFIC ITEM, I'LL BE SENDING A LETTER MM-HMM.

, UH, TO THE, BOTH THE COMPLAINANT AND THE RESPONDENT, UM, ABOUT THE DECISION THAT WE'VE COME TO.

UH, I DON'T THINK THAT IT'LL BE ADDRESSED TO SOMEONE WHO'S NOT, UM, FORMALLY LISTED AS A RESPONDENT.

UM, I'LL CHECK WITH CITY STAFF THOUGH ABOUT WHETHER OR NOT WE CAN BROADEN THE SCOPE OF WHO'S NOTICED ABOUT THE DETERMINATION.

UH, NO, I JUST, I JUST MEANT WE COULD, UM, INFORM THE COMPLAINANT THAT IF SHE WANTED TO FILE MORE THAN ONE COMPLAINT AGAINST MORE THAN ONE PERSON, SHE WOULD NEED TO KNOW THAT THAT'S THE PROCESS.

SURE.

UH, WE, WE'VE BEEN HAVING CONVERSATIONS ABOUT EXACTLY WHAT FORM THAT NOTICE THAT LETTER IS GOING TO TAKE.

ANYWAY, I WILL TAKE THAT INTO ADVISEMENT.

MM-HMM.

AS WE FINALIZE THE DRAFT OF THAT LETTER.

THANK YOU.

ANY OTHER COMMENTS, QUESTIONS, CONCERNS, THEN

[2. Review and approve potential amendments to City Code Chapter 4-8 (Regulation of Lobbyists), Sections 4-8-8 (Appearance) and 4-8-10 (Audit).]

SEEING AND HEARING NONE, WE CAN MOVE RIGHT ON TO AGENDA ITEM NUMBER TWO, WHICH IS TO REVIEW AND APPROVE POTENTIAL AMENDMENTS TO CITY CODE CHAPTER FOUR DASH EIGHT, REGULATION OF LOBBYIST SECTIONS FOUR DASH EIGHT DASH EIGHT APPEARANCE AND FOUR DASH EIGHT DASH 10 AUDIT.

UM, I THINK WE HAVE, UH, UH, CORY STOKES CITY AUDITOR, UM, HERE TO SPEAK ABOUT

[00:05:01]

THESE AMENDMENTS.

UM, I WAS NOT PRESENT FOR THAT LAST REGULAR MEETING WHERE WE WENT OVER THE FIRST ROUND OF THESE DRAFT AMENDMENTS.

UM, SO I'M JUST GONNA TURN IT OVER IMMEDIATELY TO YOU TO TALK THROUGH WHAT HAS HAPPENED OVER THE PAST MONTH.

SO WHENEVER YOU'RE READY, I AM HAPPY TO SPEAK TO IT, BUT I'M ALSO GLAD THAT THERE ARE REPRESENTATIVES FROM THE LAW DEPARTMENT HERE BECAUSE THEY ACTUALLY DRAFTED THE CHANGES.

UM, WHEN I WAS HERE LAST TIME, WHAT WE TALKED ABOUT WAS, UM, THERE WERE SOME SPECIFIC LANGUAGE CHANGES, AND I WOULD JUST SAY OVERALL ONE WAS TO INCORPORATE, UM, PEOPLE APPEARING, UH, NOT IN PERSON.

SO THE ORIGINAL LANGUAGE IN THE CITY CODE WAS PRE PANDEMIC, AND WHO KNEW WE WERE GONNA BE HAVING A CRAZY AMOUNT OF VIRTUAL MEETINGS.

SO THAT WAS THE CHANGE IN THE FIRST SECTION.

I THINK, UM, WE GOT A LITTLE STUCK IN THIS MEETING.

UM, THERE WERE SOME CONCERNS ABOUT, THERE WAS KIND OF SOME WEIRD LANGUAGE ABOUT APPEARING BY PHONE.

UM, SOME OTHER THINGS THAT THAT MADE IT, I WOULD SAY CLUNKY FOR LACK OF A BETTER TERM.

SO, UM, AND THEN THE SECOND SECTION IS REALLY ABOUT THE AUDITS.

SO AS DISCUSSED LAST TIME, UM, THE AUDIT PROVISION AS IT WAS ORIGINALLY WRITTEN, IS BASICALLY ME HAVING SOMEBODY GO IN, UM, AND AUDIT THE PEOPLE THAT ARE VOLUNTARY, VOLUNTARILY COMPLYING WITH THE LOBBYIST PROVISIONS.

SO THEY HAVE VOLUNTARILY REGISTERING AND WE ANNUALLY ARE SUPPOSED TO GO AUDIT THEM.

AND SO IN DISCUSSIONS WITH COUNSEL, UM, ONE OF OUR CONCERNS IS THAT THAT'S NOT REALLY WHO YOU SHOULD BE AUDITING.

UM, THOSE ARE THE PEOPLE THAT ARE VOLUNTARILY COMPLIANT.

AND WE HAD VERY LITTLE INSTANCES, LIKE WE HAD MAYBE A, A LATE FEE MISSED OR SOME VERY MINOR THINGS THAT WE IDENTIFIED DURING THOSE AUDITS.

UM, SO BECAUSE OF THAT, WHAT WE WANTED TO PROPOSE WAS A LESS FREQUENT BUT MORE ROBUST LOOK AT WHO ALL, UM, HAS BEEN LOBBYING THE CITY AND ARE THEY ACTUALLY REGISTERED.

AND SO THAT'S THE CHANGE IN THE SECOND PART OF THE CODE THAT YOU HAVE IN FRONT OF YOU.

AND IN BOTH SECTIONS WE'VE, THE LANGUAGE IS, UM, I THINK SIMPLER THAN THE VERSION THAT YOU SAW LAST TIME.

GOT IT.

UM, COMMISSIONERS, ARE THERE ANY QUESTIONS, THOUGHTS, UH, QUESTIONS FOR MS. STOKES WHILE SHE'S HERE OR, YEAH, GO AHEAD, COMMISSIONER.

LOVE MS. STOKES.

THANK YOU.

I KNOW THAT, UH, LAST TIME THE LANGUAGE WAS AS NEEDED AND I HAD SUGGESTED THAT COULD MEAN NEVER.

SO WE HAVE PERIODICALLY NOW, UM, IT DOES NOT NEED TO BE IN THE CODE, BUT IS THERE GOING TO BE ANY NOTICE TO PEOPLE HOW OFTEN PERIODICALLY MEANS THERE WILL BE? SO, SO WE PUT OUT A PLAN EVERY YEAR THAT SAYS, HERE'S WHAT WE PLAN TO DO FOR THIS YEAR.

SO THAT AT LEAST SEVERAL MONTHS IN ADVANCE YOU WOULD GET A, LIKE, HEY, WE'RE GOING TO BE DOING THIS YEAR.

UM, MY PLAN WOULD BE TO START OUT DOING THAT EVERY THREE YEARS.

IF THAT SEEMS TOO FREQUENT OR WE'RE NOT REALLY SEEING ANYTHING, I WOULD MOVE THAT TO FIVE.

OKAY.

REALLY BE MICHAEL.

THANK YOU.

COMMISSIONERS.

ANY OTHER QUESTIONS? OKAY.

OH YEAH, COMMISSIONER WILLIAMS, GO AHEAD.

IS THERE A REASON THAT WE CAN'T JUST PUT THAT OUT THERE? UM, THAT THE AUDIT WILL BE EVERY THREE YEARS, AND THEN IF THAT DOESN'T WORK, THEN WE CAN PUSH BACK TO FIVE.

YEAH, THE, I THINK THAT WOULD BE FINE.

IT COULD ALSO SAY AT LEAST EVERY FIVE YEARS, WHICH WOULD GIVE ME THE DO IT THREE THE FIRST TIME AND THEN THE FLEXIBILITY NOT TO CHANGE THE CODE, UM, GOING FORWARD IS ANOTHER OPTION.

UM, YEAH, I DON'T, I DON'T HAVE A STRONG PREFERENCE ABOUT THAT.

I THINK I ORIGINALLY PROPOSED, UM, HAVING A FINITE NUMBER IN THERE AND JUST AS WE DISCUSSED IT, WE GOT TO THE PERIODICALLY SO WE HAD A LITTLE MORE FLEXIBILITY.

ANY, YEAH, GO AHEAD, SECRETARY.

HI.

THANK YOU FOR BEING SO QUICK WITH, WITH THIS.

APPRECIATED, UM, ALL THE LAW DEPARTMENT, THE LAW DEPARTMENT.

THANK YOU SO MUCH.

UM, QUESTION, UH, AND I APOLOGIZE IF I, IF I MISSED IT, HOW, WHAT IS THE PLAN FOR COMMUNICATING WHAT PERIODICALLY MEANS? NOT, NOT NECESSARILY CHANGING IT HERE, CUZ I, I LIKE THE IDEA.

I THINK THAT'S A GREAT IDEA TO ALLOW YOU FLEXIBILITY, UM, BUT ALSO WANNA MAKE SURE THAT PEOPLE ARE AWARE OF WHAT PERIODICALLY MEANS.

AND IT'S NOT NECESSARILY A BAD THING THAT IT COULD CHANGE FROM TIME TO TIME, BUT IT NEEDS TO BE COMMUNICATED SOMEWHERE SOMEHOW SO THAT WHEN, YOU KNOW, PEOPLE UNDERSTAND, OH, THIS YEAR WE'RE GONNA DO IT, UM, OR FOR THE NEXT THREE YEARS WE'RE GONNA DO IT, UM, IN THIS YEAR OR EVERY TWO YEARS.

AND AGAIN, I THINK IT'S NOT A PROBLEM IF THAT CHANGES.

SO RIGHT NOW WE DON'T REALLY HAVE A MECHANISM FOR LAYING OUT WORK THAT'S MORE THAN A YEAR OUT.

SO WE DO GIVE A, YOU KNOW, WE DO EVERY, UM, BASICALLY STARTING IN JANUARY, WE HAVE A, HERE'S WHAT WE'RE GONNA DO THIS YEAR, UH, THAT THINK THAT'S APPROVED BY COUNCIL AROUND NOVEMBER.

SO WE SAY, HERE'S EVERYTHING WE'RE GONNA DO IN 2024, AND THEY APPROVE THAT.

WE DON'T REALLY HAVE A PROCESS GOING FORWARD.

THAT'S SOMETHING WE COULD DO OR WE COULD ADD TO OUR WEBSITE OR COME UP WITH A PLACE TO PUT THAT.

UM, BUT AT LEAST AS OF TODAY, THERE'S NOT REALLY A, UM, THE ONLY OTHER THING THAT WE HAVE THAT WE DO, KIND OF, AND THIS WAS ONE OF

[00:10:01]

THE OTHER THINGS WE TALKED ABOUT, I THINK AS, UH, WITH COUNSEL IS MAKING THIS AS PROPOSING A CHANGE HERE.

UM, WE REALLY, MOST OF OUR WORK IS NOT REPETITIVE, RIGHT? WE DON'T DO THE SAME THING.

WE DO ALL NEW TOPICS EVERY YEAR BASED ON THE RISKS FACING THE CITY.

AND IT'S RARE THAT WE, UNLESS SOMETHING REALLY BAD IS GOING ON, IT'S VERY RARE THAT WE DO, YOU KNOW, THE SAME THING OVER AND OVER AGAIN.

AND SO THAT'S WHERE THIS ONE HAS BEEN A LITTLE DIFFERENT, EVEN IN THE ANNUAL, DOING THE ANNUAL, UM, LOBBYIST COMPLIANCE REVIEWS.

UM, AND SO, SO THERE'S THAT.

THE ONLY OTHER THING THAT WE DO PERIODICALLY IS THAT WE'RE INVOLVED IN THE REDISTRICTING PROCESS.

UM, AND THAT'S ONCE EVERY 10 YEARS.

SO THAT'S ALSO NOT SOMETHING THAT'S SUPER CLEAR EXCEPT THAT WE HAVE THIS RESPONSIBILITY AS LAID OUT ON OUR WEBSITE AND OTHER PLACES.

UM, SO WE, WE COULD ADD THE LOBBYIST KIND OF, WE WILL DO THIS, OR WE ARE CURRENTLY PLANNING TO DO THIS EVERY THREE YEARS.

UM, AND WE'LL REASSESS AFTER THE, THE FIRST ROUND, WHICH I WOULD EXPECT WOULD BE 2025, SO NOT QUITE THREE YEARS FROM NOW.

COMMISSIONERS.

ANY OTHER QUESTIONS? UM, UH, I'LL OFFER, UM, IF, IF YOU'D PREFER IT, UH, COMMISSIONER WILLIAMS, I'D BE FINE.

UH, WHEN WE HAVE OUR MOTION TO APPROVE OF THESE RECOMMENDED CHANGES, IF YOU WERE, IF YOU WANTED TO MAKE SURE THAT IT INCLUDED, UH, AT LEAST EVERY FIVE YEARS LANGUAGE, THEN I'D BE FINE WITH INCLUDING THAT IN THE MOTION.

I GUESS I WAS WAITING FOR DISCUSSION ON THE MOTION, BUT, UM, I AM A LITTLE CONCERNED ABOUT THE DISCRETIONARY AND HOW IT CAN BE USED ARBITRARILY, UM, SPECIFICALLY AS IT RELATES TO POLITICAL EVENTS THAT ARE HAPPENING IN THIS CITY AT ANY POINT IN TIME.

AND SO, UM, I WOULD BE MUCH MORE CONTENT WITH A, A FIXED PERIOD THAT WAY, UH, IT IS NOT QUESTIONABLE FOR ANYONE AND THE AUDIT CAN'T BE USED IN AN ADVERSARIAL WAY.

OKAY.

UM, ANY OTHER DISC? SO WOULD THAT BE, UH, THEN REPLACING PERIODICALLY WITH A, UH, SET PERIOD OF TIME, NOT LIKE A, AT LEAST THIS MUCH, BUT SAYING THIS IS GOING TO HAPPEN ON THIS CYCLE? THAT'S CORRECT.

AND, AND, AND I THINK THAT THAT ACTUALLY MAKES THE DEPARTMENT OR THE CITY ACCOUNTABLE IN SOME WAY AND REQUIRES THEM TO ACTUALLY ACT.

SO, UM, I THINK IT ADDRESSES A LOT OF ISSUES THAT THAT COULD DEVELOP, UM, IN THE FUTURE.

UM, AND I THINK IT'S VERY SIMPLE THAT TO RESOLVE THAT BY SIMPLY JUST GIVING A FIXED PERIOD OF TIME BY WHICH THESE AUDITS ARE COMPLETED.

OKAY.

YEAH.

GO AHEAD SECRETARY.

WHAT HAS IT BEEN IN THE PAST? WHAT FREQUENCY? SO, UH, BECAUSE OF THE WAY THAT IT WAS WRITTEN, THE, THE PROVISION WAS THAT WE LOOK ANNUALLY, UM, AND WE ACTUALLY DID SKIP A YEAR BECAUSE OF SOME SYSTEM UPGRADES AND CHANGES.

BUT, UH, BASICALLY WE PUT IT ON THE AUDIT PLAN AND WE DO IT ONCE EVERY YEAR, BUT IT'S A DIFFERENT AUDIT.

SO THAT'S A COMPLIANCE REVIEW THAT'S US TAKING WHAT'S BEEN FILED WITH THE CLERK'S OFFICE AND MAKING SURE THAT THERE ARE NO, UM, MATERIAL ISSUES IN THOSE FILINGS.

WHAT WE'RE TALKING ABOUT IS A MUCH LARGER PROJECT WHERE WE WOULD LOOK AT, UM, REALLY ALL THE, THE PAPER AND HOPEFULLY SOME ELECTRONIC SIGN-IN SHEETS THAT ARE COLLECTED THROUGHOUT THE CITY.

SO THAT'S ALL COUNCIL OFFICES AT SEVERAL OTHER OFFICES, UM, SEVERAL OTHER DEPARTMENTS THROUGHOUT THE CITY COLLECTING ALL OF THAT INFORMATION AND THEN LOOKING AT WHO'S ON THOSE LIST AS COMPARED TO WHO'S IN THE REGISTRATION.

MM-HMM.

UM, AND GIVEN HOW MANUAL THAT PROCESS IS, THAT THAT'S PART OF THE NOT DOING IT EVERY YEAR.

YEAH, GO AHEAD.

SO THE FIRST PART, UM, THE REVIEW, THE RECORDED INFORMATION DESCRIBED IN 4, 4, 8 8, THAT IS NEW.

THAT IS THE NEW PIECE HERE BECAUSE YEAH, SO, SO THE, SO THE PIECE OF IT BEFORE WAS CONDUCTED AUDIT OF STATISTICALLY REPRESENTED RANDOM SAMPLE OF LOBBY REGISTRANTS, BUT NOT LESS THAN 5%, UM, TO MAKE SURE THE FILINGS ARE IN COMPLIANCE.

SO THAT WAS REALLY THE ORIGINAL, THE STRIKE THROUGH THERE.

UH, AND WE DID THAT EVERY YEAR.

SO LOOKING AT THE INFORMATION THAT HAS BEEN CAPTURED, UM, IT, IT'S THE SAME INFORMATION, IT'S THE INFORMATION PROVIDED BY THE LOBBYIST LOOKING AT THAT INFORMATION, UH, BUT THEN ALSO ASSESSING THE RISK OF NONCOMPLIANCE.

AND THAT'S REALLY THE NEW PART.

UM, THAT, THAT TO ME IS THE MORE VALUABLE PART.

I MEAN, I, I THINK OUR CITY CLERK'S OFFICE CAN TELL YOU WHERE THE COMPLIANCE ISSUES ARE, UM, PRETTY EASILY OR COULD TELL COUNSEL WHERE THE COMPLIANCE ISSUES ARE PRETTY EASILY, UM, BASED ON JUST BEING THE CUSTODIANS OF THAT INFORMATION.

WHAT THEY DON'T SEE IS THAT KIND OF, UM, TAKING A STEP BACK AND LOOKING AT ARE THE FOLKS, UM, THAT SHOULD BE REGISTERED, ACTUALLY REGISTERED.

AND THAT'S THE NEW WORK PROPOSED HERE.

GO AHEAD COM.

OH, SURE.

COMMISSIONER WILLIAMS. GO AHEAD.

AND SO WHAT YOU'RE SAYING IS, UNDER THE OLD PROCESS, WE WERE RANDOMLY SAMPLING FOLKS WHO WERE VOLUNTEERING TO, TO SUBMIT THEIR APPLICATIONS OR WHATNOT OR, OR REGISTERING MM-HMM.

.

AND NOW WHAT WE'RE SAYING IS WE'RE GOING AFTER THE PEOPLE THAT AREN'T ACTUALLY REGISTERING.

SO MY QUESTION THEN BECOMES WHAT PROCEDURE ARE WE USING

[00:15:01]

TO IDENTIFY WHO THOSE INDIVIDUALS ARE? AND IF WE'RE USING A PROCEDURE THAT ISN'T ALREADY OUTLINED BECAUSE IT SOUNDS LIKE THIS IS GONNA BE NEW, RIGHT.

AND WE'RE ACTUALLY DOING THESE AUDITS AT WILL, LIKE, THAT'S A VERY POWERFUL, POWERFUL TOOL.

YOU CAN ESSENTIALLY GO AFTER WHOEVER YOU WANT, WHENEVER YOU WANT.

AND SO TO PREVENT THAT FROM BEING USED IN A SORT OF POLITICAL WAY TO BRING SOME ACCOUNTABILITY AND TRANSPARENCY TO IT, I THINK WE JUST NEED TO FIX, HAVE A FIXED PERIOD WHEN WE DO THESE AUDITS AND PROBABLY BEEF UP THE PROTOCOL OR THE PROCESS BY WHICH WE ACTUALLY INVESTIGATE THOSE INDIVIDUALS THAT AREN'T, THAT WE BELIEVE AREN'T REGISTERED.

WE ACTUALLY DO HAVE A PROCESS FOR THAT.

SO WE HAVE A TWO PART PROCESS BOTH ON THE, UM, ON THE SIDE TO IDENTIFY PEOPLE THAT AREN'T, THAT AREN'T REGISTERED.

UM, AND ACTUALLY LET'S SKIP THAT TO IDENTIFY PEOPLE WHO ARE MEETING, UH, WITH CITY OFFICIALS, THEN TO IDENTIFY PEOPLE WHO AREN'T REGISTERED AND THEN IF WE IDENTIFIED SOMEBODY WHO WAS NOT REGISTERED TO CONDUCT THAT INVESTIGATION.

SO THAT'S KIND OF THE THREE PART, UM, THAT, UM, CURRENTLY WE WOULD HANDLE SOMEBODY NOT BEING REGISTERED THAT WE WOULD GET THAT AS A COMPLAINT.

IT WOULDN'T BE SOMETHING WE SELF-IDENTIFIED, BUT WE DO HAVE A PROCESS TO DO THAT.

SO I, BUT I AGREE THAT THE TIMEFRAME, IF YOU'RE WORRIED ABOUT THE, UM, US USING THAT AS A POLITICAL TOOL, WHICH IS NOT SOMETHING WE DO, JUST SO Y'ALL KNOW, UH, WE'RE AN INDEPENDENT OBJECTIVE OFFICE REQUIRED TO FOLLOW AUDITING STANDARDS THAT HAVE A LOT OF SAFEGUARDS IN PLACE FOR THAT AT THE SAME TIME.

UM, IF THAT'S, IF THAT'S A CONCERN, I THINK THE FIXED PERIOD IS A WAY TO SAY, WE WILL ALL DO ALWAYS DO THIS IN YEAR X, Y, Z AND IT SEPARATES IT FROM, UM, ELECTIONS AND, AND ANYTHING ELSE, UM, THAT MIGHT PLAY IN MAJOR DEVELOPMENT.

THAT'S PROBABLY ONE OF THE OTHER ONES THAT WOULD HAVE A LOT MM, POTENTIAL LOBBYING.

OKAY.

ANY, ANY OTHER QUESTIONS OR COMMENTS? UM, UH, THEN I THINK, UM, I'M HAPPY TO, OH YEAH, GO AHEAD.

GO AHEAD.

YOUR RECOMMENDATION FOR A FIXED PERIOD OF TIME WOULD BE THREE YEARS OR FIVE YEARS.

I'D PREFER THE FIVE YEARS, BUT I'M OPEN TO Y'ALL'S SUGGESTION.

I THINK YOU'RE IN THE BEST POSITION TO, TO TELL US.

SURE.

COMMISSIONER LEVINS, JUST QUICKLY, IF WE SAID IT'S FIVE YEARS, DOES THAT PROHIBIT YOU FROM DOING IT MORE FREQUENTLY? IT DOES NOT.

UM, THE, WHAT I WOULD DO IS I WOULD, UH, IN ORDER TO, SO OUR AUDIT PLAN IS APPROVED BY COUNSEL, SO I PROPOSE THE LIST OF PROJECTS WE'RE GOING TO DO.

SO I WOULD PROPOSE THAT MAYBE A COUPLE OF YEARS EARLY AND SAY, I'M PROPOSING THIS, HERE'S WHY.

UM, THEY COULD THEN TANK IT IF THEY WANTED TO.

UM, BUT THAT WOULD BE THAT THAT'S VERY RARE THAT THEY, UM, ADJUST THE AUDIT PLAN EXCEPT TO MAYBE ADD A NEW PROJECT THAT THEY REALLY WANT TO SEE COMMISSIONER LOWE AND THEN 10 YUKA.

YEAH.

I DON'T QUITE UNDERSTAND THAT ANSWER BECAUSE IF THE CODE ACTUALLY SAYS FIVE YEARS, I, ARE YOU NOT PROHIBITED FROM DOING IT ON THE SCHEDULE OTHER THAN FIVE YEARS? I WOULD SAY I WOULD HAVE TO DO IT EVERY FIVE YEARS, BUT I COULD DO IT IN THE MIDDLE.

SO I COULD DO IT IN YEAR ONE, THREE AND FIVE.

UM, THOSE ARE WEIRD YEARS CUZ FIVE IS NOT REALLY DIVISIBLE, BUT THE CITY AUDITOR SHALL PERIODICALLY, UH, I MEAN THAT'S SHELL PERIODICALLY, SO IT HAS TO BE THAT PERIOD.

YES.

SO WHAT I'M SAYING IS THAT IF WE ENUMERATED IN THE CODE, WE WOULD NOT.

SO THE SECTION OF CODE THAT YOU DON'T HAVE HERE IS THE DUTIES AND, AND, UM, THE POWERS AND DUTIES OF THE CITY AUDITOR, WHICH INCLUDES I CAN REALLY DO ANY AUDIT WITH APPROVAL OF COUNCIL NOT ON THIS SCHEDULE.

SO I WOULD HAVE TO DO IT EVERY FIVE YEARS.

I WOULD PROBABLY ONLY DO IT EVERY FIVE YEARS, UM, DEPENDING, I MEAN, IF WE HAD CRAZY RESULTS IN, IN YEAR ONE, THEN I WOULD PROBABLY GO BACK TO COUNCIL AND SAY, I DON'T LIKE THIS AS A FIVE.

I WOULD RATHER THIS BE A THREE.

UM, OKAY.

BUT THAT'S SO THAT'SS ONLY WITH SPECIAL DISPENSATION FROM COUNCIL.

CERTAINLY.

OKAY.

SO ALSO IF I SAW, I THINK THERE'S ANOTHER PIECE OF CODE THAT IF THERE'S AN URGENT NEED, I CAN ACTUALLY START AN AUDIT AND TELL COUNCIL LATER THAT I STARTED IT.

BUT THAT'S A VERY YEAH.

SPECIFIC SITUATION.

NO, I, I AM THINKING OF COMMISSIONER WILLIAMS CONCERN.

UM, SO IF WE SAY FIVE YEARS, WE MEAN FIVE YEARS AND IT'S ONLY IF SOMETHING VERY SPECIAL OCCURS, THEN YOU WOULD ASK COUNCIL.

RIGHT.

OR I WOULD, I WOULD COME BACK AND SAY, I DON'T THINK THIS CHANGE WORKED.

I THINK WE NEED TO DO IT MORE FREQUENTLY.

MM-HMM.

, UM, I SEE IT AS A LOWER RISK FOR THE CITY BECAUSE OF THE PROCESSES THAT ARE ALREADY IN PLACE TO GET REGISTRATIONS AND, AND BECAUSE, UM, WE'RE PRETTY FAMILIAR WITH THE PEOPLE THAT ARE COMING TO COUNCIL AND TO CITY DEPARTMENTS LOBBYING.

UM, BUT, BUT IT'S STILL A RISK THAT NEEDS TO BE EVALUATED PERIODICALLY.

MM-HMM.

, THANK YOU.

OR, OR EVERY FIVE YEARS.

MM-HMM.

.

ALL RIGHT, GO AHEAD.

I WAS JUST GONNA AGREE WITH COMMISSIONER WILLIAMS THAT

[00:20:01]

I DO BELIEVE IT SHOULD BE A, A SET DATE, BUT I ALSO THINK FIVE YEARS IS TOO LONG.

I FEEL LIKE YOU SHOULD START IT AT THREE YEARS INSTEAD OF FIVE, AND THEN MAKE, INSTEAD OF GOING BACKWARDS AND SAYING, THIS ISN'T GONNA WORK, HANDLE IT UP FRONT FOR THREE YEARS, AND THEN IF THREE YEARS YOU FEEL LIKE IT SHOULD, IT CAN CONTINUE TO FIVE, THEN MAYBE CONSIDER IT AT THAT TIME.

BUT I DO THINK THAT IF IT'S SOMETHING THAT'S DONE ANNUALLY NOW, I WOULD EVEN GO BI-ANNUALLY AS A BABY STEP.

BUT WITH WHAT YOU'RE SAYING, MAYBE LEAVING IT AT THREE, ANYTHING MORE THAN THAT? I FEEL LIKE IT'S JUST TOO LONG.

I, I WOULD SAY LESS, LESS THAN THREE CONCERNS.

ME FROM A BANDWIDTH PERSPECTIVE, WE'RE RESPONSIBLE FOR AUDITING EVERY DEPARTMENT IN THE CITY.

THAT'S 40 DEPARTMENTS, THAT'S AUSTIN ENERGY, AUSTIN WATER POLICE DEPARTMENT, UM, ALL OF OUR GENERAL FUND.

SO I WOULD NOT WANT TO COMMIT RESOURCES.

BUT FOR THE LARGER PROJECT, FOR THE COMPLIANCE CHECK, WE DID THAT PRETTY QUICKLY.

IT WAS LIKE A THREE WEEK PROJECT.

UM, PRETTY EASY.

THIS IS A MUCH LONGER COMMITMENT, UM, FOR A PROJECT.

SO I WOULDN'T WANNA TAKE OTHER THINGS OFF THE PLAN FOR THIS.

I'M FINE WITH THREE YEARS.

UM, I ALSO JUST WANNA MENTION THAT THERE ARE A LOT OF TOOLS WITH THAT ARE COMING OUT MORE RECENTLY WITH AI AND AUTOMATION.

I JUST BUILT A AUDITING TOOL THAT TOOK, USED TO TAKE 7,600 MAN HOURS TO AUDIT DOWN TO DOING IT FIVE MINUTES A DAY USING AUTOMAT AUTOMATION.

SO IF THAT'S NOT SOMETHING THAT YOUR DEPARTMENT IS LOOKING INTO, I WOULD RECOMMEND IT'S GETTING THERE.

IT'S OUT THERE, IT'S HAPPENING.

IT'S FREE TOOLS THAT, WITH THE SUITES THAT YOU GUYS ALREADY HAVE AVAILABLE.

SO HOPEFULLY THE LIFT THAT YOU GUYS ARE GOING TO BE SEEING IS GOING TO BE A BIG LIFT FOR YOU GUYS IN THE AUDITING WORLD.

SO WITH THAT BEING SAID, I DON'T THINK IT'S GONNA BE MUCH OF A LIFT COMING IN THE NEAR FUTURE.

AND I THINK THREE YEARS IS A GOOD, GOOD DATE.

I AM HAPPY WITH THE THREE YEARS.

I WILL SAY THAT AT LEAST AT THIS TIME, UH, MORE THAN HALF OF THESE RECORDS ARE ON PAPER.

SO I DON'T THINK THERE'S ANY AMOUNT OF AI THAT CAN TAKE HANDWRITTEN RECORDS AND TURN THEM INTO RECORDS THAT WE CAN AUDIT, UM, QUICKLY AND EASILY ELECTRONICALLY.

BUT I HOPE THAT CHANGES PERSONALLY.

THAT'S A, UM, THAT'S SOMETHING WE'VE BEEN WORKING TOWARDS WITH THE CITY COUNCIL.

YEAH, I WOULD DEFINITELY, IF YOU GUYS DON'T HAVE A PROCESS IMPROVEMENT CONSULTANT IN YOUR DIVISION, MAYBE CONSULT WITH ONE BECAUSE IT'S, IT'S AVAILABLE.

SURE.

OKAY.

WELL, I APPRECIATE THIS IS REALLY GOOD DISCUSSION.

UM, UH, IF THERE AREN'T ANY OTHER SPECIFIC QUESTIONS FOR MS. STOKES, I'M HAPPY TO LAY OUT A MOTION.

WE CAN TALK ABOUT IT A LITTLE BIT MORE IF YOU'D LIKE, BUT, UH, I WOULD MAKE A MOTION TO, UH, APPROVE AND FORWARD THE RECOMMENDED CHANGES TO THIS ORDINANCE WITH THE CHANGE THAT WE REPLACE THE WORD PERIODICALLY WITH THE WORDS EVERY THREE YEARS.

THAT IS, GO AHEAD.

UH, I SECOND THANK YOU, UH, SECONDED BY COMMISSIONER WILLIAMS. IS THERE ANY DISCUSSION ON THE MOTION? UM, GO AHEAD, COMMISSIONER.

OH.

HAD SAW GETTING READY, SAY YES.

SURE.

I SAW, SAW THE FINGER, FINGER ON THE TRIGGER.

UM, ANY DISCUSSION ON THE MOTION COMMISSIONER? OKAY, THEN THAT'S THE MOTION SECONDED BY COMMISSIONER WILLIAMS. I WILL CALL THE ROLL IN THE ORDER THAT IT APPEARS ON THE AGENDA OR RATHER CALL THE VOTE.

UM, PLEASE MIKE AND THEN UNMIC WHEN YOU SAY YOUR VOTE CHAIR.

SO, BROWN VOTES.

AYE.

SECRETARY STANTON ADAMS. YES.

IN FAVOR.

COMMISSIONER CASTO.

AYE.

COMMISSIONER LOWE.

AYE.

COMMISSIONER HUMPHREY AYE.

COMMISSIONER LEVINS.

AYE.

COMMISSIONER 10 YUCA? YES.

COMMISSIONER WILLIAMS. I SUPPORT MOTION THAT IS UNANIMOUS.

AND NO NAYS, NO ABSTENTIONS.

ONE ABSENCE.

THANK YOU COMMISSIONERS.

THANK YOU MS. STOKES FOR YOUR TIME.

AND THANK YOU LAW DEPARTMENT FOR HELPING WORK ON THE LANGUAGE.

UM, THANK YOU.

OF COURSE.

HAVE A GOOD EVENING.

UM, SO THAT BRINGS US COMMISSIONERS

[APPROVAL OF MINUTES]

TO, UH, AGENDA ITEMS THREE AND FOUR.

WE'LL START WITH THREE, WHICH IS APPROVAL OF THE MINUTES FOR OUR LAST REGULAR MEETING, WHICH WAS ON MAY 24TH, 2023.

I UNFORTUNATELY WAS NOT ABLE TO ATTEND, BUT WE HAD VICE CHAIR KALE FILLING IN.

UM, UH, SECRETARY STANTON, YOU USUALLY ARE OUR, UH, MINUTES KEEPER.

UH, UM, SO I'M HAPPY TO, UH, LET YOU TALK THROUGH ANY SPECIFIC CHANGES THAT YOU THINK MIGHT BE APPROPRIATE OR IF YOU'VE HAD A CHANCE TO LOOK AT THEM.

WE CAN ALSO CONSIDER THESE MINUTES, UM, AT A LATER TIME.

I'D LIKE TO MOVE FORWARD, BUT MAY I HAVE JUST MAYBE LIKE TWO MINUTES

[00:25:01]

JUST TO SCAN IT TO MAKE SURE THAT THE CHANGES THAT I HAD? SURE, YEAH.

LET'S, WE CAN, AND THEN I'LL BE ABLE TO MAKE A MOTION.

YEAH, LET'S CALL IT LIKE A, A TWO MINUTE RECESS AND WE WILL RECONVENE FORMALLY IN TWO MINUTES.

OKAY.

I GUESS THE TIME IS 6:39 PM AND WE ARE IN RECESS FORMALLY AT 6:41 PM AND WE CAN JUMP BACK INTO AGENDA ITEM NUMBER THREE TO APPROVE THE MINUTES ON MAY 24TH.

UM, SECRETARY STANTON ADAMS. YES, I MOVE THAT WE APPROVE THE MINUTES FROM THE MAY 24TH, 2023 REGULARLY CALLED MEETING AS THE MOTION.

I SEE A SECOND FROM COMMISSIONER 10, YUKA.

UM, I'LL DO A QUICK ROUND CALLING, UH, FOR THE EYES, HANDS FOR THE EYES TO APPROVE THE MINUTES.

OKAY, THAT'S 1, 2, 3, 4, 5, 6, 7.

I'LL LOOK FOR THE NAYS.

I DON'T SEE A NAYS.

UM, I WILL ABSTAIN SINCE I WAS NOT THERE.

SO THAT PASSES WITH 1, 2, 3, 4, 5, 6, 7 EYES, ZERO NAYS, AND ONE ABSTENTION.

THANK YOU.

AND WE'LL MOVE ON TO AGENDA ITEM NUMBER FOUR, WHICH IS MINUTES FROM THE SPECIAL CALLED MEETING ON JUNE 5TH, 2023.

MAY I MAY I ALSO HAVE TWO MINUTES TO, TO CHECK TO MAKE SURE THE SURE EDITS WERE MADE? ABSOLUTELY.

GO AHEAD.

THANK YOU.

UM, WE WILL RECESS FOR A VERY BRIEF INFORMAL TWO MINUTES.

THE TIME IS 6:42 PM AND WE'LL BE BACK FIRST THE TIME IS 6:44 PM WE ARE BACK OUT OF RECESSION.

BACK ONTO RECESS.

RECESS.

AND BACK ONTO AGENDA ITEM NUMBER FOUR, WHICH IS APPROVAL OF OUR MINUTES FROM OUR JUNE 5TH MEETING.

SECRETARY STANTON.

YES, I MOVE THAT WE APPROVE THE MINUTES FROM THE JUNE 5TH, 2023 SPECIAL CALL MEETING OF THE COMMISSION.

OKAY.

AND WITH THAT, UH, IS THERE A SECOND? I WILL SECOND IF, UH, THE SECRETARY WILL ACCEPT A FRIENDLY AMENDMENT.

UM, I BELIEVE THAT RESPONDENT, HANNAH FER DID NOT ATTEND AND DID NOT SPEAK.

SO IF WE COULD CHANGE THAT FOURTH PARAGRAPH ON PAGE TWO.

UM, I WILL SECOND IT AS IF, IF THE FRED AMENDMENT IS, UH, ACCEPTED.

ALL RIGHT, WELL, I'LL I'LL TAKE THE SECOND, UH, PARLIAMENTARY.

UM, AND THEN, UH, WOULD YOU LIKE TO MOVE TO, UH, I'M TRYING TO THINK, UH, THE MOTION WAS TO APPROVE THE AMENDMENT AS IS.

UM, I THINK YOUR COMMENTS WELL TAKEN.

I I WHAT WE'VE DONE IN THE PAST IS WE'VE KIND OF LOOKED AT LAW DEPARTMENT AND, UH, SAID, UM, CAN WE MAKE THIS ADJUSTMENT HERE? AND THEY'VE ACCEPTED IT.

IS THAT FINE? I DON'T UNDERSTAND THE, SO, UH, SHE WAS SAYING THAT, UM, PAGE TWO, NUMBER FOUR.

NO.

SO ON PAGE TWO OF THE MINUTES YES.

UH, YES.

THREE THE PARAGRAPH BEGINNING PARTIES ATTENDING COLIN COMPLAINANT AND THEN IT SAYS RESPONDENT HANNAH COFER WERE RESPONDENT WAS NOT ATTENDING.

UM, GOOD CATCH.

YEAH.

AND, AND THAT SHE DID NOT SPEAK RIGHT? UM, YES.

AND IT CAN BE RESOLVED JUST BY STRIKING RESPONDENT, HANNAH COFER MM-HMM.

AND THAT COMMA.

YES.

OKAY, GREAT.

THEN I THINK THE CITY STAFF WILL MAKE THAT NOTE.

GOT THE MOTION THAT WAS SECONDED TO APPROVE THOSE MINUTES WITH THE FRIENDLY INSTRUCTION TO OUR FRIENDS IN THE LAW DEPARTMENT.

UM, GREAT.

UM, SO I'LL JUST ASK FOR THE EYES, NAYS AND ABSTENTIONS AGAIN LIKE I DID LAST TIME ON THESE MINUTES.

UM, ALL THOSE IN FAVOR OF APPROVING THE MINUTES? RAISE YOUR HAND.

1, 2, 3, 4, 5, 6.

ALL OPPOSED, SEE NONE.

AND ABSTENTIONS YOUR MODEL BE HERE FOR THE PREVIOUS ELECTION.

SURE.

I'VE SEEN HIM SINCE THEY WASN'T THERE.

FAIR ENOUGH.

NICE.

I'LL TAKE TWO.

ABSTENTIONS FROM COMMISSIONER LEVINS AND COMMISSIONER PUMPHREY.

SO SIX IN FAVOR, ZERO NAYS, TWO ABSTENTIONS.

IT PASSES AND THE MINUTES ARE APPROVED.

THANK YOU SECRETARY STANSON FOR YOUR VIGILANCE ON THE MINUTES AS ALWAYS.

AND THANK YOU COMMISSIONER LOWE FOR THE CATCH.

UM, OKAY, NOW WE CAN MOVE ON TO FUTURE AGENDA ITEMS

[00:30:02]

AND ANNOUNCEMENTS.

UM, UH, SO BEFORE I GET INTO, UH, THE FUTURE ITEMS THAT I'M ANTICIPATING AND A COUPLE OF THINGS ON MY END, UM, BELIEVE COMMISSIONER LOWE, UH, HAD AN ANNOUNCEMENT SHE WANTED TO MAKE AND SO LET YOU TAKE IT AWAY WHEN YOU'RE READY.

THANK YOU, MR. CHAIR.

THANK YOU, MR. CHAIR.

UH, I WOULD LIKE TO READ A STATEMENT AND I WILL READ IT EXACTLY AS IT'S PRINTED SO THAT I DON'T GET ANY OF THE DATES WRONG.

AND THIS REFERS TO THE PRELIMINARY HEARING HELD ON JUNE 5TH, 2023.

I AM CLARIFYING THE PUBLIC STATEMENT RELATED TO RESPONDENT HANNAH FER AND HER COUNSEL ROSS FISHER THAT I MADE AT THE PRELIMINARY HEARING HELD ON JUNE 5TH, 2023.

JUNE 5TH WAS THE FIRST AND ONLY TIME I EVER MET OR SPOKE WITH MR. FISHER.

I AM THE DISCIPLINARY RULES AND REFERENDA ATTORNEY AT THE STATE BAR OF TEXAS WHERE I HAVE BEEN EMPLOYED SINCE AUGUST 16TH, 2021.

THE BOARD OF DIRECTORS OF THE STATE BAR OF TEXAS APPOINTED MR. FISHER AS THE GENERAL COUNSEL TO THE BOARD AT ITS QUARTERLY MEETING IN JUNE, 2018.

MY PROFESSIONAL DUTIES WITH THE COMMITTEE ON DISCIPLINARY RULES AND REFERENDA DO NOT OVERLAP WITH MR. FISHER'S RESPONSIBILITIES TO THE BOARD OF DIRECTORS, NOR DO THEY INVOLVE ANY CONTACT WITH MR. FISHER.

I WAS EMPLOYED AS AN ASSISTANT GENERAL COUNSEL AT THE TEXAS ETHICS COMMISSION FROM NOVEMBER 6TH, 2017 TO AUGUST 13TH, 2021.

MR. FISHER WAS APPOINTED AS A MEMBER OF THE TEXAS ETHICS COMMISSION ON AUGUST 15TH, 2005.

[FUTURE AGENDA ITEMS]

HE SERVED AS CHAIR OF THE TEXAS ETHICS COMMISSION FROM DECEMBER, 2009 TO DECEMBER, 2010.

HE LEFT THE ETHICS COMMISSION IN 2010, APPROXIMATELY SEVEN YEARS BEFORE I BEGAN EMPLOYMENT AT THE AGENCY.

DURING MY TERM OF EMPLOYMENT AT THE TEXAS ETHICS COMMISSION, I REVIEWED AND ANALYZED DOCUMENTS SUBMITTED BY MR. FISHER ON BEHALF OF HIS CLIENTS REGARDING ADVISORY OPINIONS, RULE MAKING, AND SWORN COMPLAINTS.

I DID NOT SPEAK WITH MR. FISHER ABOUT THOSE MATTERS.

THANK YOU, MR. CHAIR.

SURE.

HAPPY TO DO THAT.

AND, UM, UH, BEFORE I GET INTO MY BUSINESS AND MY FUTURE AGENDA ITEMS, I WANTED TO SEE IF ANYONE ELSE HAD ANNOUNCEMENTS, FUTURE AGENDA ITEMS THAT THEY WOULD LIKE CONSIDERED.

UM, UH, HAPPY TO TAKE A PAUSE OR GET INTO MY THINGS AND IF SOMETHING COMES UP AS I'M TALKING, FEEL FREE TO JUMP IN AT THE LAST MINUTE BEFORE WE ADJOURN.

UM, SO FIRST BIG THING, UH, THAT I WANTED TO ANNOUNCE, UM, IF YOU WERE LOOKING AT THOSE MINUTES THAT WE JUST APPROVED FROM THE JUNE 5TH MEETING, UH, THE WHAT WAS, UH, INCLUDED UNDER FUTURE AGENDA ITEMS THAT THE CHAIR ANNOUNCED THAT HE WOULD BE SENDING A LETTER TO MAYOR AND COUNCIL REGARDING THE NEED TO FILL THE VACANCIES ON THE ETHICS REVIEW COMMISSION.

UM, I THINK THAT WAS FORWARDED, UH, TO COMMISSIONERS, UM, AFTER I SENT IT.

UM, IF YOU DID NOT GET A COPY OF THAT LETTER THAT I SENT TO MAYOR AND COUNSEL REGARDING THE URGENCY WITH WHICH I EXPRESSED THE NEED TO FILL THOSE VACANCIES, UM, HAPPY TO MAKE SURE THAT YOU GET A COPY OF IT, BUT I WANTED TO LET YOU KNOW THAT IT WAS DONE.

UM, THE NEXT THING, THIS IS A FUTURE AGENDA ITEM.

WE RECEIVED A COMPLAINT, UM, I THINK IT WAS, OR MONDAY.

IT'S VERY RECENTLY, UM, IF YOU DIDN'T SEE THAT EMAIL COME THROUGH, BUT IT IS ANOTHER COMPLAINT THAT ALLEGES A VIOLATION OF A CONFLICT OF INTEREST PROVISION THAT I DETERMINED WAS WITHIN OUR JURISDICTION.

UM, AND SO THAT WILL TRIGGER ANOTHER PRELIMINARY HEARING IN THE NEAR FUTURE.

UM, THE UNDERLYING, UH, FACTS PARTIES ARE DIFFERENT.

UM, BUT THE UNDERLYING CONTEXT IS SIMILAR TO, UH, COMPLAINTS THAT WE ADJUDICATED IN THE JUNE 5TH MEETING.

THE REASON I'M TALKING ABOUT IT NOW IS NOT JUST TO KIND OF GIVE YOU THE HEADS UP THAT THERE'S A PRELIMINARY HEARING ON THE HORIZON, BUT ALSO TO LET YOU KNOW THAT I'VE ASKED CITY STAFF TO, UH, PROACTIVELY REACH OUT TO YOU FOR SCHEDULING PURPOSES.

UM, AND, UH, IF YOU HAVE ANY UPCOMING WINDOWS THAT ARE, UH, GOING TO CONFLICT WITH, UH, I REGULARLY SCHEDULED HEARINGS, DATES THAT WE HAVE IN THE, UM, IN JULY OR IN AUGUST, UM, OR ANY TIME IN BETWEEN, THEN IN THE EVENT THAT WE HAVE TO TRY TO FIGURE OUT A SPECIAL CALL MEETING, PLEASE BE PROACTIVE AND TALK TO LIZETTE.

UM, VICTORIA, YOU SHOULD HAVE

[00:35:01]

HER EMAIL.

I THINK NOW.

UM, SHE'S SENT SOMETHING TO ALL OF YOU.

UH, MAKING SURE THAT WE HAVE AS FULL ATTENDANCE AS POSSIBLE WILL BE IMPORTANT.

UM, I THINK IF YOU READ THE LETTER YOU YOU'VE SEEN, ONE OF THE ONLY WAYS THAT WE CAN, UH, MESS WITH THE DATE OF A PRELIMINARY HEARING IS BY A PROACTIVE VOTE OF THE COMMISSION WHEN WE'RE ALL HERE.

UM, BUT IT KIND OF HAS TO BE AGGRANDIZED FOR THAT PURPOSE.

SO THE PLAN TO PLAN, UM, OR, UH, FOR A GOOD CAUSE AT THE REQUEST OF THE RESPONDENT.

UM, SO, UH, THE DISCRETION WITH WHICH WE CAN SCHEDULE THESE THINGS IS FAIRLY LIMITED, WHICH IS WHY I'M ASKING CITY STAFF TO KIND OF REACH OUT, UH, IN THE COMING DAYS AND WEEKS TO ASK ABOUT SCHEDULING SO THAT WE CAN TALK TO PARTIES, UM, ONCE THEY RECEIVE THIS NOTICE.

UH, CUZ WE'LL HEAR FROM THEM ABOUT THEIR AVAILABILITY AND THEIR SCHEDULING NEEDS TOO.

BUT MAKING SURE THAT WE HAVE AS FULL ATTENDANCE AS POSSIBLE WILL BE STRONGLY PREFERRED.

UM, OKAY.

THOSE WERE MY THINGS.

ANYONE ELSE HAVE THINGS FOR FUTURE MEETINGS? UM, OH, THE, THE ONLY OTHER THING I WAS GONNA MENTION IS THAT, UH, AT ONE OF OUR UPCOMING MEETINGS I WANT TO TALK THROUGH, UM, THE, UH, ANNUAL, WE'LL CALL IT AN ANNUAL REPORT, UH, LIKE THE DELAYED, UM, COMPOSITE MULTI-YEAR REPORT, UM, THAT WE'VE, UH, STARTED TO PUT TOGETHER.

I THINK, UM, I'M GONNA HAVE SOME TIME TO GO THROUGH IT AND MAKE SURE THAT IT'S, THAT I THINK IT LOOKS GOOD.

UH, AND THEN WE MAY HAVE A FUTURE AGENDA ITEM THAT APPROVES THAT AS A A MULTI-YEAR REPORT.

UM, MR. HUMPHREY, JUST FOR YOUR EDIFICATION, WE HAD, UH, A COUPLE OF YEARS WHERE WE DID NOT HAVE AN ANNUAL REPORT, UM, IN PART, UH, .

I WON'T ASK ANYMORE.

SURE.

THANK YOU.

UM, SO WE HAVE, WE'RE, WE'RE GENERATING A REPORT THAT KIND OF COVERS THE ACTIVITY FROM THOSE YEARS.

UM, OKAY.

UH, SECRETARY STANSON, GO AHEAD.

YES, I'M NOT SURE IF, UH, THIS IS IN ORDER TO DISCUSS, BUT IT'S SINCE A, A TOPIC THAT YOU BROUGHT UP AS A FUTURE AGENDA ITEM.

I RECALL THAT WE HAD SOME RECOMMENDATIONS OR SUGGESTIONS FOR, UM, COMMUNICATING, YOU KNOW, THAT WE DON'T HAVE LIKE THE CURRENT OR YOU KNOW, THIS, THIS SERVES AS, REMEMBER WE HAD THIS DISCUSSION.

I THINK COMMISSIONER LOWE HAD MADE UM, A POINT AND WHAT, WHAT BECAME OF THAT? I THOUGHT WE'RE GONNA LOOK INTO STATEMENT, UM, SOME QUICK STATEMENT ABOUT, HEY, YOU KNOW, WE IN THE MEANTIME WHILE WE'RE WORKING, THIS IS WHAT SUFFICES AS THE ANNUAL REPORT.

I THINK.

YEAH, SOME IT WAS A, THE DISCUSSION WAS HAVING POTENTIALLY SOMETHING ON THE WEBSITE AND I THINK IT'S THERE.

UM, OH IT IS.

I'LL, OKAY.

UH, I'LL DEFER TO LIZETTE UM, ON THAT POINT, CUZ I THINK THERE WAS CONVERSATIONS ABOUT, HERE ARE THE MINUTES IN SUPPORTING DOCUMENTS FROM ALL OUR PREVIOUS MEETINGS WHILE WE, IN LIEU OF AN ANNUAL REPORT THAT'S MISSING IN THIS BOX.

BUT GO AHEAD, LIZETTE.

YES, WE DID WORK ON THAT.

AND WHAT GIHAN I UM, I KNOW THE ANNUAL REPORT AND THE STATEMENT WE DID SUM IT UP, IT IS STILL UNDER REVIEW.

UM, I HAVE NOT GOTTEN APPROVAL YET AND I THINK WE'RE STILL WORKING ON IT A BIT.

SO THAT SHOULD BE, UM, I CAN BRING THAT UP TO WAJIHA AND HOPEFULLY WE CAN HAVE THAT AT THE NEXT MEETING.

UM, BUT IF NOT, WE CAN SEND AN EMAIL OUT ON AN UPDATE ON THAT.

THANK YOU VERY MUCH.

AND I THINK I WAS THINKING OF A DIFFERENT THING ON THE WEBSITE.

THERE'S A, I CAN SEE IN MY HEAD WHAT IT LOOKS LIKE.

UH, GO AHEAD COMMISSIONER WILLIAMS. I'M JUST WONDERING HOW MUCH LONGER BEFORE THE ANNUAL STATEMENT, THE FINAL ANNUAL STATEMENT IS PRODUCED VERSUS THE TEMPORARY STATEMENT THAT'S BEING PRODUCED.

LIKE IS THE FINAL GONNA REACH THE INTERNET BEFORE THE TEMPORARY FAIR? UH, I'M GONNA PROCESS THAT .

UM, IN THE MEANTIME, I DO KNOW THAT THERE'S LANGUAGE ON THE WEBSITE DIRECTING PEOPLE TO WHERE THE DOCUMENTS AND SUPPORTING MATERIALS FOR ALL OF OUR WORK AND ALL OF OUR MEETINGS IS.

UM, BUT UH, FOR A KIND OF SUMMARY STATEMENT OF THIS IS WHAT THE ANNUAL, WE DON'T HAVE AN ANNUAL REPORT FOR THESE YEARS.

HERE IS THE REPORT THAT CAN PUB, THAT IS A SUMMARY OF PREVIOUS YEARS.

UM, THAT STATEMENT IS NOT UP.

RIGHT.

SO IT SOUNDS LIKE THE FINAL REPORT MAY BE 30 TO 60 DAYS OUT.

MAYBE.

I I THINK IT'S LESS THAN THAT.

IT IS IN, IT IS IN A DRAFT IS IN MY INBOX

[00:40:01]

AND IT'S BEEN THERE.

UM, AND SO IT IS SIMPLY UP TO ME TO REVIEW AND PLACED ON AN AGENDA.

RIGHT.

AND THEN WILL THE TEMPORARY STATEMENT REQUIRE OUR APPROVAL FOR PLACEMENT ON THE INTERNET? BECAUSE THAT SEEMS LIKE THAT WOULD BE ANOTHER 30 DAYS OUT.

I DON'T, MY WIRES ARE GETTING A LITTLE CROSSED ON WHAT STATEMENT WE'RE TALKING ABOUT NOW.

UM, IT SAYS A PLACEHOLDER STATEMENT, RIGHT? THAT'S WHAT IT WAS.

YEAH.

RIGHT, RIGHT, RIGHT.

SO I'LL, I WILL MAKE THIS COMMITMENT TO CHECK IN WITH LIZETTE AND OUR LAW DEPARTMENT ON SOMETHING I MAY HAVE OVERLOOKED IN THAT REGARD.

UM, UH, IF THERE IS A TEMPORARY STATEMENT WAITING FOR MY SIGN OFF AND APPROVAL, THEN I WILL MAKE THAT REVIEW AND APPROVAL AS SOON AS HUMANLY POSSIBLE.

UM, I GUESS THAT'S, THERE'S THE CONFUSION BECAUSE I DON'T KNOW WHAT THE ACTUAL PROCESS IS FOR JUST A PLACEHOLDER STATEMENT.

IS IT SOMETHING YOU HAVE TO PROVE THE LAW OR THE CLERK'S OFFICE HAS TO APPROVE IT AND IT'S JUST A SIMPLE STATEMENT OF OUR LAST ANNUAL REPORT WAS THIS, WE'RE WE ARE WORKING ON THE NEXT ONE.

THAT'S IT.

THAT'S IT.

NOT EVEN THIS SUMMARY LIKE THAT IS LIKE MORE WORK THAN, THAN WHAT WE HAD TALKED DISCUSSED LAST TIME.

UM, THERE IS AN ANNUAL REPORT DRAFT IN YOUR INBOX.

I THINK THAT'S WHAT YOU'RE REFERRING TO, THAT JUST NEEDS CHAIR APPROVAL.

UM, AND IF WE GET THAT APPROVED, THERE WON'T BE A NEED FOR A STATEMENT.

NO TEMPORARY STATEMENT RIGHT.

, BUT THEN DEPENDING ON HOW, DEPENDING ON YOUR BANDWIDTH, RIGHT.

AND THE, THE INTENT, THE INTENT OF THAT TEMPORARY STATEMENT WAS GET IT OUT RIGHT NOW JUST LIKE THERE'S, THERE'S NO PART OF IT THAT NEEDS LIKE APPROVAL OR REVIEW.

HEY, WE HAVEN'T DONE IT IN A WHILE, IT'S COMING.

THAT'S THE STATEMENT.

RIGHT.

AND, AND NOT TO RUSH YOU CUZ YOU KNOW YOU'VE GOT A LOT.

SO, BUT ALSO TO ADDRESS A NEED THAT WE HAD IDENTIFIED, GOSH, IN APRIL TWO OR THREE.

YEAH.

QUITE, QUITE A WHILE BACK.

SURE.

YES.

UM, I, I WILL MAKE THE COMMITMENT TO CONSULT RIGHT AFTER THIS MEETING WITH CITY STAFF TO FIGURE OUT WHAT IS CURRENTLY ON THE WEBSITE SINCE I DO NOT HAVE PHOTOGRAPHIC MEMORY, UM, AND WHAT WE CAN PUT ON THE WEBSITE SOON AND THEN, UH, IN, UH, AS IN VERY SHORT ORDER WITHIN A MATTER OF WEEKS AND DAYS EVEN.

UM, WE'LL I'LL HAVE GONE THROUGH THE ANNUAL P FULLY, SO, BUT YES, THE COMMITMENT'S THERE TO SUSS IT OUT.

COOL.

ANY OTHER FUTURE ITEMS OR ANNOUNCEMENTS? UM, OH YEAH, GO AHEAD VICTORIA.

UM, I JUST WANTED TO REMIND EVERYBODY THAT THE NEXT MEETING, THE JULY MEETING IS GOING TO BE EARLIER, IT'S GONNA BE ON THE 19TH, THE THIRD WEEK OF JULY AND IT'S GONNA BE AT THE PERMITTING AND DEVELOPMENT CENTER, NOT HERE AT CITY HALL.

SO JUST THANK YOU.

A FRIENDLY REMINDER.

VERY MUCH APPRECIATE THAT.

UM, THAT YES, WHERE WE HAD OUR LAST SPECIAL CALLED MEETING, UM, SO I, I ALWAYS GET TURNED AROUND THERE.

UM MM-HMM.

CHAIR SILVER, MAY I ADD SOMETHING? YES, GO AHEAD.

UM, I DID A QUICK CHECK.

THE LAST REPORT THAT WE HAVE ON THE ETHICS REVIEW COMMISSION WEBSITE IS A 2019 ANNUAL REPORT.

GOT IT.

AND THE, UM, DRAFT THAT IS IN YOUR INBOX ONLY NEEDS YOUR APPROVAL.

DOES NOT NEED THE ENTIRE COMMISSION'S APPROVAL.

GOT IT.

GOOD TO KNOW.

APPRECIATE THAT.

UM, NO PRESSURE .

IT'S BEEN A, IT'S BEEN A WILD COUPLE OF MONTHS.

UM, WELL, ANY OTHER BUSINESS ANNOUNCEMENTS, ITEMS TO TAKE UP AT FUTURE MEETINGS? WE WILL HAVE A BUSY COUPLE OF MEETINGS REGARDLESS, UM, BUT ALWAYS HAPPY TO TAKE UP MORE ITEMS IF YOU HAVE THEM.

YEAH, GO AHEAD.

COMMISSIONER LOWE, I HAD A QUESTION FOR VICTORIA.

IS IT POSSIBLE FOR US TO HAVE THE HEARING ON THE DATE OF OUR NEXT REGULAR MEETING OR IS IT NECESSARILY GONNA BE ON A DIFFERENT DATE? NO, IT, IT'S POSSIBLE FOR IT TO, IF, IF EVERYBODY'S SCHEDULES ALIGN AND THEN IT IS POSSIBLE TO HAVE IT, IT JUST NEEDS TO HAPPEN WITHIN 60 DAYS AFTER THE JURISDICTIONAL DETERMINATION IS MADE.

SO, SO WE COULD HAVE, UH, JUST A REGULAR MEETING.

AND IN ADDITION TO THAT, THE PRELIMINARY HEARING CORRECT, THE PRELIMINARY HEARING CAN BE ON A REGULAR MEETING AGENDA.

SO THAT'S ASSUMING ENOUGH OF US CAN GO.

AND ALSO THE RESPON, YOU KNOW, THE COMPLAINANT, RESPONDENT AND IF THERE'S

[00:45:01]

COUNSEL.

CORRECT.

IF ALL OF OUR SCHEDULES ALIGN.

CORRECT.

IF JULY 19TH IS THE WORLD'S PERFECT DATE, THEN YES.

.

GREAT.

THANK YOU.

SO AGAIN, CHECK YOUR SCHEDULES, COMMUNICATE WITH CITY STAFF, UH, AND THEY WILL ALSO REACH OUT TO YOU ABOUT YOUR SCHEDULING.

GREAT.

WELL, IF THERE ARE NO OTHER THINGS TO TALK ABOUT FOR FUTURE MEETINGS, THANK YOU GUYS FOR BEING HERE.

APPRECIATE IT.

THANK YOU.

CITY STAFF.

THANK YOU.

AT X N AND THANK YOU FOR THE FOLKS WATCHING AT HOME.

UM, WITH THAT, THE TIME IS NOW 7:03 PM AND THE ETHICS REVIEW COMMISSION MEETING IS ADJOURNED.

SEE Y'ALL SOON.

YOU CAN TURN YOUR HEAD, YOU CAN COVER ONE EYE, BUT YOU CAN'T STOP LOOKING.

YOU CAN'T DENY I KICK AROUND IN YOUR BELLY.

SO IF YOU WANT DRIVE TOAST, DON'T ORDER HERE BECAUSE I'LL GREASE YOUR FOOD WITH MY SAUCE.

I'M AN ALL THE ONLY.