* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] . MY NAME IS [CALL TO ORDER] WIN STANTON ADAMS. IT'S LIKE A SERIES OF THREE LAST NAMES I REALIZE. . UM, AND I AM A ACTING CHAIR FOR THE CITY OF AUSTIN. ETHICS REVIEW COMMISSION FOR THIS EVENING'S, UH, MEETING. MY USUAL ROLE FOR THE COMMISSION HAS BEEN SECRETARY, BUT AGAIN, FOR THIS EVENING'S MEETING. FOR THIS MEETING TODAY, I WILL, I AM ACTING CHAIR AT THIS TIME. I CALL THE ETHICS REVIEW COMMISSION MEETING TO ORDER. IT IS MARCH 26TH, 2025, AND THE TIME IS 6:07 PM WE ARE AT AUSTIN CITY HALL IN BOARDS AND COMMISSIONS. ROOM NUMBER 1, 1 0 1 AT ADDRESS. 3 0 1 WEST SECOND STREET, AUSTIN, TEXAS, 7 8 7 0 1. I NOTE THAT WE HAVE SOME NEW MEMBERS ON THE COMMISSION AND THAT FORMER CHAIR, MICHAEL LEVINS AND COMMISSIONER ESPINOZA, ARE NO LONGER SERVING ON THE COMMISSION. I WELCOME THE NEW MEMBERS AND WILL NOW CALL ROLL, UM, VICE CHAIR HACK SOON. ANDREA LOWE IS ABSENT. WE KNOW. ALRIGHT. UM, MY USUAL ROLE, I'M LISTED HERE AS SECRETARY WIND STANTON ADAMS. I AM OBVIOUSLY PRESENT. UM, COMMISSIONER AMY CASTO IS ABSENT. ALRIGHT, COMMISSIONER, UH, LUIS OR LOUIS FIGUEROA. YES. LUIS FIGUEROA. I'M HERE PRESENT. LUIS FIGUEROA. ALL RIGHT. PRESENT IN PERSON. UH, COMMISSIONER MARY KALE. RIGHT HERE. ALL RIGHT. NEW COMMISSIONER PATRICK KEEL. ALL RIGHT. COMMISSIONER ADAM, TURN HERE. ALL RIGHT. COMMISSIONER BRIAN MCGIVEN, NOTED AS ABSENT. NEW COMMISSIONER JORDAN PRETY. HERE. COMMISSIONER ROSS PUMPHREY PRESENT. AND COMMISSIONER BRITTANY SHARKEY PRESENT VIRTUALLY? YES, MA'AM. THANK YOU. UH, COMMISSIONER SHARKEY IS, UM, PRESENT VIRTUALLY. SO WE'VE GOT 1, 2, 3 COMMISSIONERS ABSENT. THE REST ARE HERE IN PERSON EXCEPT SHARKY IS VIRTUAL. ALRIGHT, THANK YOU. WELCOME NEW COMMISSIONERS. I HOPE THAT WE GET AN OPPORTUNITY IF WE, IF WE HAVEN'T DONE SO ALREADY, TO INTRODUCE OURSELVES REAL QUICKLY TO YOU. UM, WELCOME. THIS IS A VERY, UM, ENGAGED BODY OF, VERY INTELLIGENT AND, UM, CONSIDERATE INDIVIDUALS. IT HAS, IT HAS BEEN GREAT SERVING ON THIS COMMISSION. ALRIGHT, UH, WE HAVE A QUORUM. UH, WE'VE ESTABLISHED THAT AND I'VE NOTED WHO IS ATTENDING VIRTUALLY. UH, NEXT IS PUBLIC COMMUNICATION, THE FOLLOWING. UH, ARE THESE THE FOLKS THAT ARE SIGNED UP FOR TO SPEAK? UM, MS. WEBSTER, IF YOU WILL GUIDE ME. OH, WITH THESE RIGHT HERE, THESE TWO, RIGHT? YES. BUT SHE TOOK AWAY, SO THEY'RE SPEAKING ON ITEM NINE, SO I WOULD LET THEM KNOW WE RECEIVED A POSTPONE REQUEST SO THEY CAN SPEAK TO THE PARENTS OF THE POSTPONE. OKAY. ALRIGHT. SO MAY I ADDRESS THAT ITEM FIRST BEFORE, OR, UH, AS POINT OF ORDER DO I NEED TO STATE WHO? OKAY. ALRIGHT. UM, THE FIRST THING THAT I'D LIKE TO BRING TO OUR ATTENTION IS THAT THERE IS AN AGENDA ITEM AND THAT IS NUMBER NINE. IS THAT RIGHT MS. WEBSTER? LET ME, YES. SO FOR [9. A complaint filed by Jack Chrismon against Carmen Llanes Pulido raising claimed violations of City Code Chapter 2-2 (Campaign Finance), Section 2-2-3(B) (Conformity With Texas Election Code).] AGENDA ITEM NUMBER NINE, A COMPLAINT FILED BY JACK CHRISMAN AGAINST CARMEN GIANNIS POLITO RAISING CLAIM TO VIOLATIONS OF CITY CODE CHAPTER TWO DASH TWO. THAT'S CA CAMPAIGN FINANCE, UH, SECTION TWO DASH TWO DASH THREE B CONFORMITY WITH TEXAS ELECTION CODE. FOR THIS AGENDA ITEM, IT IS OUR UNDERSTANDING THAT THE [00:05:01] RESPONDENT HAS REQUESTED A POSTPONEMENT DUE TO A MEDICAL EMERGENCY. UM, WITH THAT IT IS WITHIN THE PURVIEW OF THE CHAIR TO MAKE THAT DECISION WHETHER TO GRANT THAT POSTPONEMENT THE REQUEST FOR POSTPONEMENT. AND AS ACTING CHAIR FOR THIS MEETING, I DO BY GRANT, THAT REQUEST FOR POSTPONEMENT. AND, UM, ARE THERE ANY, IS THIS WHERE I COULD ASK IF ANYBODY WOULD LIKE TO SPEAK ON, ON THE POSTPONEMENT? OKAY. I'M NOT SEEING ANY STRONG CONCERNS OR OBJECTION TO THAT. SO, NOTED THAT AGENDA ITEM NUMBER NINE, THE CHRIS, UH, CHRISMAN VERSUS CARMEN GIANNIS POLITO COMPLAINT IS POSTPONED AND THIS WOULD BE THE PRELIMINARY HEARING. ALRIGHT, THE PRELIMINARY HEARING FOR THAT IS BEING POSTPONED. DO WE HAVE TO STATE WHEN THE NEW TIME IS? OKAY. ALRIGHT. SO AT THIS POINT THAT'S ALL WE KNOW IS IT IS BEING POSTPONED. THANK YOU. OKAY. OKAY, NOW LET'S PROCEED WITH THE, UM, RUST OF THE AGENDA ITEMS. UM, ITEMS [EXECUTIVE SESSION] ONE, TWO, AND THREE. THE FIRST THREE ITEMS ON THE AGENDA REGARD EXECUTIVE SESSION? IS THAT YES, REGA. WE'RE JUST DOING ONE AND TWO. GOTCHA. SO THIS WILL BE JUST FOR ITEMS ONE AND TWO. SO THE FIRST TWO ITEMS ON THE AGENDA REGARD EXECUTIVE SESSION. UM, SO WITHOUT OBJECTION, THE ETHICS REVIEW COMMISSION WILL GO INTO CLOSED SESSION TO TAKE UP TWO ITEMS AND I SHALL READ THOSE TWO ITEMS PURSUANT TO, UH, SECTION, UM, IS IT 5 5 1 0.071 OF THE TEXAS GOVERNMENT CODE? UH, THE ETHICS REVIEW COMMISSION WILL CONSULT WITH OUR LEGAL COUNSEL ON LEGAL ISSUES RELATED TO THE FOLLOWING. THIS IS AGENDA ITEM NUMBER ONE, A COMPLAINT FILED BY ADAM HAYNES AGAINST MIKE SIEGEL RAISING CLAIMED VIOLATIONS OF CITY CODE SECTION TWO DASH TWO DASH 13 AND SECTION TWO DASH TWO DASH 21 AND CITY CHARTER ARTICLE THREE, SECTION EIGHT. AND AGENDA ITEM NUMBER TWO, A COMPLAINT FILED BY ADAM HAYNES AGAINST ZACHARY JOHN SCOTT FADI RAISING CLAIMED VIOLATIONS OF CITY CODE SECTIONS TWO DASH TWO DASH THREE TWO DASH TWO DASH 21 2 DASH TWO DASH 23 2 DASH TWO DASH 26 2 DASH TWO DASH 31 2 DASH TWO DASH 32, AND TWO DASH TWO DASH 33. IS THERE ANY OBJECTION TO GOING INTO EXECUTIVE SESSION ON THE TWO ITEMS ANNOUNCED? UM, CAN I ASK A POINT OF CLARITY? UM, I HEARD THAT WE'RE NOT DOING THREE, ARE WE ALSO NOT DOING FOUR? OR EXCUSE ME, AM I LOOKING AT NOTES? EXCUSE ME, MY APOLOGIES. THAT'S OKAY, BUT THANK YOU FOR THE QUESTION. ALRIGHT, I'LL REPEAT THIS JUST TO MAKE SURE WE'VE CAPTURED AND IS THERE ANY OBJECTION TO GOING INTO EXECUTIVE SESSION ON THE TWO ITEMS ANNOUNCED? THAT'S AGENDA ITEMS NUMBER ONE AND TWO. OKAY. HEARING NONE, THE COMMISSION WILL NOW GO INTO EXECUTIVE SESSION. THE TIME IS 6:16 PM SESSION THE TIME IS 7:34 PM ENCLOSED SESSION. WE TOOK UP AND DISCUSSED LEGAL ISSUES RELATED TO TWO AGENDA ITEMS, A COMPLAINT FILED BY ADAM HANS AGAINST MIKE SIEGEL, AND A COMPLAINT FILED BY ADAM HAYNES AGAINST ZACHARY JOHN SCOTT FADI. THE NEXT ITEMS ON THE AGENDA NUMBERS FOUR, FIVE, AND SIX CONCERN MINUTES OF PRIOR MEETINGS, AND WE WILL ADDRESS THOSE AGENDA ITEMS AFTER, UH, PROCEEDING TO DISCUSS NUMBER SEVEN AND [00:10:01] NUMBER EIGHT. SO ITEM NUMBER SEVEN [7. A complaint filed by Adam Haynes against Mike Siegel raising claimed violations of City Code Chapter 2-2 (Campaign Finance), Section 2-2-13 (Candidates’ Contribution Limits), Section 2-2-21 (Additional Information Required On All Campaign Finance Reports Filed With The City), and City Charter, Article III, Section 8 (Limits On Campaign Contributions and Expenditures).] IS PRELIMINARY PRELIMINARY HEARING. SO NEXT ON THE AGENDA IS THE PRELIMINARY HEARING ON THE COMPLAINT FILED BY COMPLAINANT ADAM HAYNES AGAINST MIKE SIEGEL RAISING CLAIMED VIOLATIONS OF CITY CODE CHAPTER TWO DASH TWO, CAMPAIGN FINANCE SECTION TWO DASH TWO DASH 13 CANDIDATES. CONTRIBUTION LIMITS SECTION TWO DASH TWO DASH 21. ADDITIONAL INFORMATION REQUIRED ON ALL CAMPAIGN FINANCE REPORTS FILED WITH THE CITY AND CITY CHARTER ARTICLE THREE, SECTION EIGHT LIMITS ON CAMPAIGN CONTRIBUTIONS AND EXPENDITURES. ALAN BORKAS IS APPEARING AS OUTSIDE COUNSEL FOR THE COMMISSION ON THIS ITEM. AND ASSISTANT CITY ATTORNEY CAROLINE WEBSTER IS AVAILABLE TO ASSIST WITH PROCEDURAL QUESTIONS. UM, AT THIS TIME I WILL DO A CHECK TO SEE IF THERE ARE ANY RECUSALS AND THESE RECU RECUSALS WOULD BE DOCUMENTED ON THE SIGN-IN SHEET. SO MAY I, WOULD THAT BE YOU, MS. WEBSTER? OR MAY I ASK MS. BENI TO LET US KNOW IF THERE ARE ANY RECUSALS FOR AGENDA ITEM NUMBER SEVEN, WE HAVE NO RECUSALS OR ABSTENTIONS FOR ITEM NUMBER SEVEN. THANK YOU. SO NOTED THERE ARE NO RECUSALS OR ABSTENTIONS FOR ITEM NUMBER SEVEN. ALL RIGHT, SECRETARY STAN ADAMS, I JUST WANTED TO CLARIFY WE HAVE NO RECUSALS OR ABSTENTIONS FOR ANY ITEMS FOR ANY, OKAY, THANK YOU. ALRIGHT, THEN WE ARE PROCEEDING WITH THE PRELIMINARY HEARING. UM, WE'LL START WITH, UH, ANNOUNCING THE PARTY'S PRESENT. SO STARTING WITH THE COMPLAINANT, PLEASE STATE YOUR NAME AND THEN COUNSEL FOR THE COMPLAINANT IF THERE IS ANY. PLEASE INTRODUCE YOURSELF AS WELL. FOR RESPONDENT, PLEASE IDENTIFY YOURSELF INCLUDING THE IDENTITY OF COUNSEL RECORD, IF THERE IS COUNSEL PRESENT. UM, MS. WEBSTER, MAY I ASK FOR YOUR GUIDANCE? IS THAT AS I'M READING THIS THROUGH INFORMING PEOPLE OF THE PROCEDURE OR IS IT WE DO THAT RIGHT NOW? I WOULD, I WOULD TAKE IT SORT OF STEP BY STEP. SO I WOULD INVITE THE COMPLAINANT UNDER RESPONDENT TO COME UP TO, UH, THE DESK HERE AND ANNOUNCE THEIR NAMES, ET CETERA. AND THEN YOU CAN KIND OF, AS YOU PROCEED THROUGH THE INSTRUCTIONS TO SORT OF DURING THIS PART, THEY'LL GET THE CHANCE TO DO X, Y, AND Z AND THEN WE'LL LET THEM HAVE THAT TIME. AND THEN THE NEXT STEP IS, IT KIND OF GOES THROUGH THE SCRIPT THERE, SORT OF PART BIT BY BIT. SO FOR EXAMPLE, THEY'LL GET TO GIVE YES, MA'AM, I DO, I DO. UM, YEAH, I'M, WHAT DO YOU THINK ABOUT, WHAT DO YOU THINK ABOUT READING THROUGH THE, UH, PROCEDURE? BECAUSE WE HAVE NEW, UM, COMMISSIONERS BRAND NEW YEAH, I'M, I'M SORRY. LET LET ME CLARIFY. YES. UM, YEAH, I WOULD READ THROUGH THE PROCEDURE UNTIL IT GETS TO THE POINT WHERE YOU'RE SORT OF INSTRUCTED TO SAY SOMETHING ELSE. SORRY. YES. YES MA'AM. THANK YOU. SO WITH THE ANNOUNCEMENT OF PARTIES PRESENT, CAN WE GET TO THAT AFTER I, OKAY, THANK YOU. SO JUST TO CLARIFY FOLKS, UM, UH, I'M NOW, UM, READING THE PROCEDURES FOR THE PRELIMINARY HEARING. SO WE TALKED ABOUT THE ANNOUNCEMENTS OF THE PARTIES PRESENT. SO AT THE START, UM, PARTIES WILL ANNOUNCE THEMSELVES AND NOW I'M GONNA, UH, PROVIDE A DESCRIPTION OF THE PROCEEDING. SO THIS IS A PRELIMINARY HEARING HELD PURSUANT TO SECTION TWO OR ARTICLE TWO DASH SEVEN DASH 44 OF THE AUSTIN CITY CODE. HMM. UH, COMPLAINANT, ALLEGED RESPONDENT VIOLATED AUSTIN CITY CODE SECTIONS TWO DASH TWO DASH 13 CANDIDATES. CONTRIBUTION LIMITS TWO DASH TWO DASH 21. ADDITIONAL INFORMATION REQUIRED ON ALL CAMPAIGN FINANCE REPORTS FILED WITH THE CITY AND CITY CHARTER. ARTICLE THREE, SECTION EIGHT LIMITS ON CAMPAIGN CONTRIBUTIONS AND EXPENDITURES. THE ISSUE AT THIS PRELIMINARY HEARING IS WHETHER REASONABLE GROUNDS EXIST TO BELIEVE THAT A VIOLATION OF A CITY CODE PROVISION WITHIN THE JURISDICTION OF THE ETHICS REVIEW COMMISSION HAS OCCURRED. AT THE CONCLUSION OF THE PRELIMINARY HEARING, THE COMMISSION SHALL DECIDE WHETHER A FINAL HEARING SHOULD BE HELD. IF THE COMMISSION DETERMINES THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION WITHIN THE JURISDICTION OF THE COMMISSION HAS OCCURRED, THAT SHOULD BE A VIOLATION OF CODE WITHIN [00:15:01] THE JURISDICTION OF THE COMMISSION HAS OCCURRED, THE COMMISSION SHALL SCHEDULE A FINAL HEARING. IF THE COMMISSION DOES NOT DETERMINE THAT THERE ARE REASONABLE GROUNDS TO BELIEVE A VIOLATION HAS OCCURRED, THE COMPLAINT IS DISMISSED. A DECISION TO CONDUCT A FINAL HEARING IS NOT A FINDING THAT A VIOLATION HAS OCCURRED. UM, FOR THE PRESENTATION OF THE PARTY'S PART, THE COMMISSION'S REGULAR PRACTICE IS TO GIVE EACH OF THE PARTIES 10 MINUTES TO PRESENT THEIR POSITIONS AT A PRELIMINARY HEARING ON A COMPLAINT, UNLESS ADDITIONAL TIME IS NECESSARY. UM, SHOULD THE PARTIES, UH, AGREE THAT 10 MINUTES IS SUFFICIENT OR, AND I'LL ASK THIS LATER ON AS WELL, OR IF THEY NEED ADDITIONAL TIME, WE'LL ASK THAT. UM, THEN THE COMPLAINANT HAS THE OPPORTUNITY TO STATE THE CLAIM TO VIOLATIONS AND DESCRIBE IN NARRATIVE FORM, THE TESTIMONY AND OTHER EVIDENCE THAT WILL BE PRESENTED AT THE FINAL HEARING. IN SUPPORT OF THOSE CLAIMS, THE RESPONDENT IS NOT REQUIRED TO RESPOND OR MAKE ANY STATEMENT AT THIS PRELIMINARY HEARING, THE RESPONDENT MAY PROVIDE A RESPONSE DISPUTING THE CLAIMS. IF THE RESPONDENT AGREES THAT A VIOLATION HAS OCCURRED, THE RESPONDENT MAY STATE SO, AND THE COMMISSION MAY THEN CONSIDER THE APPROPRIATE SANCTION OR PROSECUTION. WHILE STATEMENTS AT THIS PRELIMINARY HEARING ARE UNDER OATH, AND THESE ARE THE OATH STATEMENTS, UH, MS. WEBSTER. ALRIGHT. SO WE HAVE ALRIGHT. WHILE STATEMENTS AT THIS PRELIMINARY HEARING ARE UNDER OATH, NO CROSS-EXAMINATION IS ALLOWED AFTER THE PARTIES COME COMPLETE THEIR PRESENTATIONS, MEMBERS OF THE ETHICS REVIEW COMMISSION MAY ASK QUESTIONS OF THE COMPLAINANT OR THE RESPONDENT. NO WITNESSES OTHER THAN THE PARTIES OR THEIR COUNSEL ARE PERMITTED TO MAKE STATEMENTS AT THIS PRELIMINARY HEARING. FOLLOWING THE PRESENTATION OF THE PARTIES, THE COMMISSION MAY CHOOSE TO RETURN TO EXECUTIVE SESSION TO RECEIVE LEGAL ADVICE AND COUNSEL WITH RESPECT TO THE PRESENTATION 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 CITY CODE WITHIN THE JURISDICTION OF THE COMMISSION HAS OCCURRED. THE COMMISSION WILL SCHEDULE A FINAL HEARING. UNLESS THERE ARE ANY QUESTIONS, WE CAN NOW PROCEED WITH THE COMPLAINANT'S PRESENTATION. OKAY. THIS WILL BE, UM, LATER. OKAY. OKAY. THANK YOU MS. WEBSTER. SO AT THIS TIME I'LL GO AHEAD AND, UH, WE WILL DO THE ANNOUNCEMENT OF THE PARTIES PRESENCE. SO STARTING WITH THE COMPLAINANT, UH, OR, OR ACTUALLY BOTH COMPLAINANT AND RESPONDENT CAN COME. OKAY. UM, BOTH PARTIES, COMPLAINANT AND RESPONDENT, PLEASE STEP UP TO THE DESK. DAYS DESK. OKAY. ALL RIGHT. STARTING WITH THE COMPLAINANT, PLEASE STATE YOUR NAME AND COUNSEL IF THERE IS COUNSEL. ADAM HAYNES. I AM REPRESENTING MYSELF TONIGHT. ALRIGHT. NO COUNSEL. ALL RIGHT. THANK YOU MR. HAYNES. AND WE DO NOT SEE THAT THERE, THAT THE RESPONDENT IS PRESENT. OH, NO, I'M SORRY. MY MISTAKE. OKAY. ALRIGHT. SO THE RESPONDENT FOR THIS COMPLAINT IS NOT PRESENT. UM, I DO HAVE HERE AN OATH STATEMENT ASSIGNED BY MR. HAYNES. WE HAVE THAT? YES, MA'AM. ALL RIGHT. UM, LET'S SEE HERE. THIS IS HERE. ALL RIGHT. WE WILL NOW PROCEED WITH THE COMPLAINANT'S PRESENTATION. UH, MAY I ASK SOMEONE TO KEEP TIME? I CAN KEEP TIME. 10 MINUTES, IS THAT RIGHT? YES, MA'AM. OH, THANK YOU. 10 MINUTES. AND THEN, UH, WILL YOU BE ABLE TO PROVIDE A THREE MINUTE WARNING? UH, YEAH, I DO. OKAY. ALRIGHT, MR. HAYNES, PLEASE PROCEED. THANK YOU, MADAM CHAIR. MEMBERS, UH, FIRST OF ALL, THANK YOU FOR, UH, YOUR SERVICE TO THE CITIZENS OF AUSTIN. UH, THE ETHICS COMMISSION IS, UH, IMPORTANT TO THE FUNCTIONING DEMOCRACY OF THIS CITY. IT IS WHERE, UM, TRUTH [00:20:01] TO POWER, UM, GET SPOKEN. IT'S WHERE CITIZENS HAVE A FORUM AND, UM, WHERE WE CAN ALLEGE, UH, COMPLAINTS. AND IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT, UM, UH, AS WE SAY THAT AS THE CHARTER STATES, THAT, UH, THE CITIZENS HAVE A FAITH IN OUR ELECTORAL PROCESS, UH, SO THAT, UH, WE HAVE A FAITH IN THE SYSTEM OF GOVERNMENT. AND SO, I APPRECIATE YOUR SERVICE AND I APPRECIATE YOUR, UH, SERVICE TO CITIZENS OF AUSTIN, AND I APPRECIATE YOUR TIME TONIGHT. UM, AS YOU'RE, AS YOU MAY BE AWARE, UM, THE RETURNING COMMISSIONERS, BUT TO THE NEW COMMISSIONERS, THIS IS A, A REFILE. UH, UM, UH, I HAD ORIGINALLY FILED, UH, IN DECEMBER, UH, THIS COMPLAINT, UH, DURING THE RUNOFF PERIOD. AND, UH, THEN WE HAD A, A ADMINISTRATIVE, UH, UH, MISTAKE. AND, AND I WAS NOT AFFORDED, UM, UH, PROPER NOTICE FOR THE, THE ORIGINALLY SCHEDULED HEARING. UH, WANNA PERSONALLY THANK, UH, MS. WEBSTER FOR, UH, WALKING ME THROUGH THE, THE REFILE. UM, I, I DON'T THINK THERE WAS ANY MALICE WHATSOEVER. UM, I DIDN'T RECEIVE NOTICE, AND Y'ALL HAD THE LAST COMMISSION HAD A HEARING. UH, I WAS NOT PRESENT. AND SO, UM, WE JUST AGREED TO, UH, DO A REFILE AND, AND WE'RE HERE TONIGHT. SO I WANNA THANK MS. WEBSTER FOR YOUR, UH, GUIDANCE, UH, IN, IN THE REFILE. UM, AND SO WITH THAT, LET ME KIND OF GET INTO THE, UM, UH, THE COMPLAINT BEFORE YOU. UM, I, WHEN I, WHEN I REFILED, UM, COUNCIL MEMBER, UH, SIEGEL REPLIED TO ALL, REPLIED TO ME, REPLIED TO, UM, UH, THE CITY ATTORNEYS AND THE, AND THE LAW DEPARTMENT, AND, UM, UM, BASICALLY SAID THAT, YOU KNOW, UH, URGED YOU TO DISMISS THE CASE WITH PREJUDICE, UH, UH, CALLED MY EFFORTS FRIVOLOUS. UH, AGAIN, UH, THIS IS WHERE TRUTH GETS SPOKEN TO POWER. UM, I FIND IT TROUBLING THAT A, THAT A MEMBER OF THE, UM, UM, COUNCIL, UH, THINKS THAT THE FORUM FOR CITIZENS, UH, IN THIS ETHICS COMMISSION IS FRIVOLOUS. UM, I DO THINK COMPLIANCE WITH THE LAW IS A, IS A VERY IMPORTANT CONCEPT HERE. AND, UM, I I WILL JUST FRANKLY SURPRISED THAT MY COUNCIL MEMBER, I'M A CONSTITUENT OF MR. SIEGEL, THAT MY COUNCIL MEMBER, UH, SUGGESTED THAT MY ACTIONS WERE FRIVOLOUS. BUT BE THAT AS IT MAY, UH, IN MY SUBMISSION DOCUMENTS, UH, I HOPE YOU'VE ALL HAD A CHANCE TO REVIEW THEM. I HAVE HIGHLIGHTED, UM, UH, AT LEAST SIX INSTANCES WHERE, UH, MR. SIEGEL, UH, COUNCILMAN SIEGEL SIEGEL, DURING THE RUNOFF CAMPAIGN, UM, UH, HAS VIOLATED, UH, VARIOUS PARTS OF THE CAMPAIGN FINANCE LAWS. AND, UM, IN THOSE INSTANCES, UM, UH, SHOWED A COMPLETE DISREGARD FOR THE, UM, CAMPAIGN FINANCE. UM, NOT ONLY THE CHARTER, BUT THE CODE THAT THE CITY HAS REGARDING FINANCE. I FIND IT VERY TROUBLING THAT, UH, MR. SIEGEL, COUNCILMAN SIEGEL WOULD DO THAT. HE'S A LICENSED ATTORNEY. HE'S BEEN A CAMPAIGN CONSULTANT FOR NUMEROUS, UH, CITY COUNCIL RACES, UH, MAYOR'S RACE. UH, HE'S BEEN A CANDIDATE. HE KNOWS STATE, FEDERAL, AND LOCAL ELECTION LAW, YET HE CHOSE TO WILLFULLY DISREGARD CAMPAIGN FINANCE LAWS. UM, THE SPECIFIC ONES, UH, RELATE TO HIS FILINGS, UM, THAT HE'S REQUIRED TO DO NOT ONLY IN THE RUNOFF, BUT THE EIGHT DAY AND THEN THE PRE-ELECTION CAMPAIGN. IN THOSE FILINGS, UH, MR. SIEGEL, UH, ADMITTED AT LEAST TWICE, AND THERE'S PROBABLY ONE OTHER, BUT IN MY COMPLAINT, I LISTED TWO INSTANCES WHERE HE RECEIVED MORE THAN THE, UH, 450,000 DO. SORRY, I'M, I'M USED TO THE STATE . I'M, UH, I WORK AS A ADVOCATE FOR THE STATE AT THE, AT THE, SO WE DEAL WITH BIGGER NUMBERS, BUT $450, UH, CAMPAIGN CONTRIBUTION, UM, FROM TWO INDIVIDUALS. AND, UM, UH, FILED THAT IN HIS, UM, 15 DAY REPORT. AND, UH, I FILED, WHEN, WHEN HE FILED HIS, HIS REPORT, UH, I FILED WITHIN THREE DAYS OF, OF HIM FILING IN THIS, [00:25:01] HIS INITIAL REPORT, THE COMPLAINT AGAINST HIM FOR THAT FILING. AND IN ADDITION TO THAT, THERE ARE SEVERAL INSTANCES WHERE HE'S, HE HAS NOT LISTED PEOPLE THAT HAVE CONTRIBUTED TO HIS CAMPAIGN. ALL OF THOSE UNDER THE CITY CODE, UNDER UNDER THE CODE ARE INDIVIDUAL AND SEPARATE EVENTS. AGAIN, UM, AT LEAST SIX DOCUMENTED EVENTS WHERE MR. SIEGEL HAS VIOLATED VARIOUS SECTIONS OF THE CAMPAIGN FINANCE CODE. UM, I, I, I DO HAVE TO THANK COUNCILMAN SIEGEL, UM, BECAUSE IN HIS REPLY, HE, UH, UH, INDICATES THAT HE DID FILE CORRECTED REPORTS. I, I WAS QUITE FRANKLY, A LITTLE WORRIED AS TO HOW I WAS GONNA GET THE INFORMATION FROM THOSE CORRECTED REPORTS INTO THE RECORD. UH, SINCE I, WHEN I FILED, THERE WERE NO CORRECTIVE REPORTS. BUT SINCE MR. SIEGEL INTRODUCED THAT TOPIC, THEN I CAN TALK ABOUT HIS CORRECTED REPORTS. IN HIS CORRECTED REPORTS I FILED, UM, UH, ON DECEMBER THE 10TH, I BELIEVE. AND THEN HE FILED HIS CORRECTED REPORTS, UM, TWO DAYS LATER. AND IN THE FIRST CORRECTED REPORT HE FILED, UM, HE, HE SWITCHED TWO NAMES AND TOOK AWAY THE, THE, THE INDIVIDUAL IN QUESTIONS NAME IS MICHAEL LEWIS, WHO HAD A CONTRIBUTION, A TOTAL CONTRIBUTION OF $650. AND SO HE TOOK THAT CONTRIBUTION AND SPLIT IT $450 FOR MR. LEWIS. AND THEN IN HIS, UH, THREE MINUTE WARNING, UH, REPLY, UH, SAID IT WAS HIS WIFE THAT CONTRIBUTED AND GAVE IT TO, TO HIS WIFE, EMILY SCRUGGS, $250. AND THEN HE, UM, HAD A CONTRIBUTION FROM CATHERINE ROGERS IN THE, IN THE AMOUNT OF $900. AND THEN ALSO HAD IN, IN THE SAME, JUST ABOVE IN THE RECORD ABOVE IT FROM FRED ROGERS FOR $450. UH, BOTH OF THOSE, OBVIOUSLY, UM, IT COULD BE A COUPLE. AND, AND I NOTED THAT IN MY FILING. BUT, UM, UM, WHEN HE REFILED HIS FIRST REPORT, HE LEFT THOSE THE SAME. AND THE AMOUNT OF THE, OF THE TOTAL CONTRIBUTION, $78,410 AND OR $410 AND 26 CENTS, I THINK, UH, DOING IT FROM MEMORY, UM, STAYED THE SAME. TWO HOURS LATER, HE FILED A SECOND CORRECTIVE REPORT, REDUCED THE TOTAL BY $450, UH, TOOK FRED ROGERS' NAME OFF, AND THEN SAID THAT IT WAS REALLY A CONTRIBUTION BETWEEN KATHERINE ROGERS AND HER HUSBAND MICHAEL BERGAL. I KNOW BOTH OF THEM. UM, AND SO THAT IT WAS COM IT WAS, UH, COMPLIANT WITH AUSTIN CAMPAIGN CONTRIBUTION LIMITS BECAUSE BOTH OF THEM COULD CONTRIBUTE $900. THE PROBLEM IS IN THAT FILING, WHEN HE REDUCED IT BY $450, HE DIDN'T INCLUDE THAT HE'S RETURNED THE CONTRIBUTION, K ONE IS NOT CHECKED. THERE IS A PROCESS IN THE CODE, IN THE FINANCE CODE THAT SAYS IF YOU'RE RETURNING A CONTRIBUTION, YOU HAVE TO LIST IT AS AN EXPENDITURE, LIST IT AS A CONTRIBUTION, AND LIST IT AS AN EXPENDITURE. AND CHECK K ONE, MR. SIEGEL DIDN'T DO THAT. COUNCILMAN SIEGEL DID NOT DO THAT. SO HE JUST MAGICALLY ERASES $450 ON HIS, ON HIS, UH, CORRECTED REPORT AND SAYS THAT NOW THAT'S COMPLIANT. THAT'S NOT COMPLIANCE. THE ALLEGATION STILL STANDS, THE VIOLATION OF THE CAMPAIGN FINANCE LAW STILL STANDS. WHAT THAT IS, IS A, IS A, IS, IS COVERING THE TRACK OF THE ILLEGAL CONTRIBUTION, AND THERE ARE OTHER VIOLATIONS. UM, THE WAY I KINDA LOOKED AT THIS PRELIMINARY HEARING IS IT'S A SHOW CAUSE HEARING, I'VE GOT A CLEAR HURDLE TO PROVE TO Y'ALL THAT A VIOLATION EXISTS. I THINK I'VE DONE THAT. UH, THERE ARE CLEAR AND, AND, UH, CONTINUING VIOLATIONS THAT COUNCILMAN SIEGEL HAS. AND, UH, I THINK IT'S TIME TO, TO HAVE A HEARING TO HOLD A A, A HEARING. LET'S GET THE FACTS OUT AND LET'S LOOK AT THOSE. AND THERE ARE ADDITIONAL, UH, COMPLAINTS THAT I'LL, THAT I'LL DO DURING THE FORMAL HEARING OVER THAT. I CLOSE BELIEVE THAT IS TIME IS UP. THANK YOU FOR THAT PRESENTATION. UH, AGAIN, I [00:30:01] WANT TO CONFIRM THAT IT TYPICALLY, WE WOULD HEAR FROM THE RESPONDENT NEXT, BUT WE DO NOT HAVE THE RESPONDENT PRESENT FOR THIS, UH, COMPLAINT. UM, ALL RIGHT, LET'S SEE. WE WILL NOW OPEN THE FLOOR FOR COMMISSIONER QUESTIONS. SO THIS IS OF ANY COMMISSIONER? UH, YES, COMMISSIONER TURN. UH, THANK YOU. UH, SO I DID HAVE A QUESTION. UH, YOUR LAST POINT WAS THAT, UM, THE OVERALL, UH, DONATION, UH, THE OVERALL MONEY RAISED WAS, UH, DECREASED BY THE AMOUNT OF A DONATION THAT WAS REMOVED. UM, IS THE ALLEGATION THAT IN FACT, UH, THE ORIGINALLY REPORTED DONATION AMOUNT, OR EXCUSE ME, MONEY RAISED AMOUNT, UM, WAS CORRECT. UH, AND SO THAT MONEY MUST HAVE BEEN RETURNED, OR, UH, IS DO YOU HAVE ANY REASON TO BELIEVE THAT THAT NUMBER JUST COULD HAVE BEEN INCORRECT AND THEY WERE CORRECTING A MINISTERIAL ISSUE? THEY, UM, THAT THE, THE AN MY ANSWER TO YOUR QUESTION IS, UM, IT'S IMPOSSIBLE FOR YOU TO KNOW. IT'S IMPOSSIBLE FOR ME TO KNOW. UM, MS. I, I HAVE TO, I HAVE TO TRUST MS. UH, COUNCILMAN SIEGEL'S ORIGINAL FILING THAT, THAT HE DID ON TIME. HE, HE COMPLIED WITH THE LAW AND, AND, UH, FILED HIS ORIGINAL FILING. UM, AND, UH, LISTED HIS CAMPAIGN RECEIPTS AS, UH, I WAS CLOSE 79, 10 26. AND THEN IN HIS FIRST CORRECTED REPORT, AGAIN, TOOK THE ONE NAME SPLIT IT BETWEEN MICHAEL LEWIS AND HIS SPOUSE, EMILY SUGGS. UM, BUT THEN LISTED THE EXACT SAME DOLLAR FIGURE, 79 0 0 0 0 10 26, AND THEN TWO HOURS LATER FILES A SECOND AMENDED REPORT. AND, UM, LIST IS CAMPAIGN CONTRIBUTIONS 78 70 8,560, UH, 26, WHICH DOESN'T QUITE ADD TO FOUR 50, BUT IT'S CLOSE ENOUGH. AND SO, UM, UM, WE CAN'T TELL WHICH ONE OF THOSE IS CORRECT, BUT THE PROBLEM WITH THE SECOND AMENDED REPORT IS IF HE DID INDEED RETURN THE CONTRIBUTION, WHICH IS WHAT CITY CODE SAYS, AND THE CHARTER SAYS, THEN HE HAS TO FILL OUT K ONE IN THAT SAME FORM AND CHECK, YES, I'M, I'M LISTENING AT IT AS A CONTRIBUTION, LISTENING AS AN EXPENDITURE BECAUSE I'M RETURNING THE CONTRIBUTION. HE DIDN'T DO THAT. HE JUST REDUCED THE NUMBER BY FOUR 50 AND 50 CENTS. BUT, BUT FOUR 50, RIGHT? THANK YOU MR. HAYNES. YEP. ANY OTHER QUESTIONS FROM ANY COMMISSIONERS? YES. UM, COMMISSIONER HUMPHREY, UM, IF THERE ARE NO OTHER QUESTIONS, THEN UM, I WOULD MOVE THAT WE FIND REASONABLE, WE HAVE FOUND REASONABLE GROUNDS TO PROCEED TO A FINAL HEARING. SECOND. ALL RIGHT. THERE, THERE IS A MOTION THAT HAS BEEN SECONDED THAT THE COMMISSION FINE, THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION HAS, UH, MAY HAVE OCCURRED. UH, WE WILL OPEN THAT UP, THE MOTION UP FOR DISCUSSION BEFORE GOING TO VOTE, OR IS THERE ANY DISCUSSION ON THE MOTION? OKAY, I'M NOT SEEING THAT THERE IS A REQUEST FOR ANY FURTHER DISCUSSION. SO AT THIS TIME, WE WILL TAKE A VOTE. UM, ALL THOSE IN FAVOR OF THE MOTION. AND YOU KNOW WHAT? I AM GOING TO DO A ROLL CALL. I'LL DO A ROLL CALL OF THE VOTE. WE ARE VOTING ON THE MOTION THAT WE FIND THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION MAY HAVE OCCURRED IN THE COMPLAINT. UM, ADAM HAYNES AGAINST, UM, MIKE SIEGEL. ALRIGHT, UM, I'LL START FROM JUST KIND OF MY LEFT HERE. UH, COMMISSIONER KEEL. AYE. OKAY. COMMISSIONER PRETY. AYE. COMMISSIONER [00:35:01] KALE? AYE. RIGHT. COMMISSIONER PUMPHREY AYE. COMMISSIONER MCC TURN. AYE. COMMISSIONER FIGUEROA AYE. AND COMMISSIONER SHARKEY. AYE. OH AND MYSELF, UH, MY VOTE IS AYE. UH, YES. IN FAVOR OF THE MOTION. SO THIS, UH, MOTION PASSES UNANIMOUSLY, WHICH MEANS, AGAIN, THE COMMISSION HAS FOUND THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION HAS OCCURRED. AND SO THIS COMPLAINT, UM, ADAM HAYNES AGAINST MIKE SIEGEL WILL PROCEED TO A FINAL HEARING TO BE SCHEDULED LATER. AND, AND, UH, CHAIR STANTON, COULD YOU PLEASE JUST ALSO STATE FOR THE RECORD THAT WE HAVE, WELL, I'M STATING IT, I SUPPOSE, BUT THREE OFF THE DAS THE VOTE IS EIGHT VOTES IN FAVOR WITH THREE YE. THANK YOU. SO IS THAT A, UM, SO THAT'S AN EIGHT AND THEN 'CAUSE IT GOES LIKE THREE DIGITS, RIGHT? OR THREE COUNTS? WELL, NO, YEAH. EIGHT AND THEN ZERO. UH, NAYS AND ZERO ABSTENTIONS, CORRECT. IS THAT HOW? OKAY. YES. AND THEN WITH THREE COMMISSIONERS OFF THE DIOCESE ARE ABSENT. OKAY. AND WITH THREE COMMISSIONERS ABSENT. ALRIGHT. UM, ALL RIGHT. WE ARE PROCEEDING NOW THEN TO AGENDA ITEM NUMBER EIGHT. THANK YOU, MA'AM. THANK YOU. MS. RAINS, WE ARE PROCEEDING [8. A complaint filed by Adam Haynes against Zachary Jon Scott Faddis raising claimed violations of City Code Chapter 2-2 (Campaign Finance), Section 2-2-3 (Conformity With Texas Election Code), Section 2-2-21 (Additional Information Required On All Campaign Finance Reports Filed With The City), Section 2-2-23 (Political Committees), Section 2-2-26 (Filing Of Campaign Finance Report Data), Section 2-2-31 (Definitions), Section 2-2-32 (Reporting of Direct Campaign Expenditures), and Section 2-2-33 (Disclosure Statement Required).] WITH AGENDA ITEM NUMBER EIGHT, WHICH IS ANOTHER PRELIMINARY HEARING. NEXT ON THE AGENDA IS THE PRELIMINARY HEARING ON THE COMPLAINT FILED BY COMPLAINANT ADAM HAYNES AGAINST ZACHARY JOHN SCOTT FADI RAISING CLAIMED VIOLATIONS OF CITY CODE CHAPTER TWO DASH TWO, CAMPAIGN FINANCE SECTION TWO DASH TWO DASH THREE CONFORMITY WITH TEXAS ELECTION CODE SECTION TWO DASH TWO DASH 21. ADDITIONAL INFORMATION REQUIRED ON ALL CAMPAIGN FINANCE REPORTS FILED WITH THE CITY SECTION TWO DASH TWO DASH 23 POLITICAL COMMITTEES, SECTION TWO DASH TWO DASH 26, FILING OF CAMPAIGN FINANCE REPORT. DATA SECTION TWO DASH TWO DASH 31 DEFINITIONS SECTION TWO DASH TWO DASH 32, REPORTING OF DIRECT CAMPAIGN EXPENDITURES AND SECTION TWO DASH TWO DASH 33 DISCLOSURE STATEMENT REQUIRED, ASSISTANT CITY ATTORNEY CAROLINE WEBSTER IS ADVISING THE COMMISSION ON THIS ITEM AND IS AVAILABLE TO ASSIST WITH PROCEDURAL QUESTIONS. UH, FOR THIS AGENDA ITEM, UM, MAY I ASK MS. BEIT TO CONFIRM IF THERE ARE ANY RECU? UM, I THINK IF I REMEMBER CORRECTLY, THERE ARE NO RECUSALS. THAT IS CORRECT. ALRIGHT, THANK YOU. UH, NO RECUSALS. ALRIGHT. UM, I AM NOT GOING TO REPEAT THE PROCEDURES FOR THE ERC PRELIMINARY HEARING. UH, I WILL SUMMARIZE IT. WE WILL GO WITH AN ANNOUNCEMENT OF PARTIES PRESENT, THEN WE WILL HEAR FROM, UH, THE PARTIES, UH, WHAT, WHERE THEY WILL MAKE THE PRESENTATION. THEN WE'LL HAVE TIME FOR COMMISSIONERS TO ASK ANY QUESTIONS AND, UM, REMINDER THAT WE MAY GO INTO ANOTHER EXECUTIVE SESSION IF WE, UH, SO CHOOSE AND THEN, UM, PROCEED WITH THAT. ALRIGHT. SO TO KICK OFF, AGENDA ITEM NUMBER EIGHT, I'LL ASK THAT THE COMPLAINANT AND RESPONDENT PLEASE STEP FORWARD. UH, SO STARTING WITH THE COMPLAINANT, PLEASE STATE YOUR NAME AND THEN COUNSEL IF YOU HAVE COUNSEL. AND THEN AFTER, UM, THE COMPLAINANT ANNOUNCES, UM, HIS NAME, THEN THE RESPONDENT WILL DO THE SAME. IDENTIFY YOURSELF AND THEN, UH, IDENTIFY ANY COUNSEL OF RECORD. ADAM HAYNES. I'M REPRESENTING MYSELF TONIGHT. UH, ZACHARY FADI, REPRESENTING MYSELF. WOULD YOU ZACHARY FADI REPRESENTING MYSELF. ALRIGHT, THANK YOU. AND, UM, TO REITERATE, WE HAVE THE SIGNED OATH FROM MR. HAYNES, AS WELL AS WE HAVE A SIGNED OATH FROM MR. FADI AS WELL. THANK YOU. ALL RIGHT, WE WILL PROCEED. UM, LET'S SEE HERE. SO WE'LL START WITH THE COMPLAINANT HAVING [00:40:01] 10 MINUTES TO PRESENT, AND THEN AFTER THAT, UM, THE RESPONDENT WILL HAVE THE SAME 10 MINUTES. UH, WE WILL HAVE STAFF HERE TO HELP US MANAGE THE TIME, AND WE'LL GIVE A THREE MINUTE MORNING. WE'LL START WITH THE COMPLAINANT. THANK YOU, MADAM CHAIR MEMBERS, AGAIN, THANK YOU FOR YOUR SERVICE, UH, TO THE CITIZENS OF AUSTIN. IT'S, UH, MY PLEASURE TO TO BE HERE IN FRONT OF YOU. AND, UM, I'M, I BRING THIS COMPLAINT. UM, AND, AND AT THE OUTSET, LET ME, UH, LEMME TELL YOU THAT, UM, UH, IN THE, IN THE RUNOFF CAMPAIGN, THE DISTRICT SEVEN, UH, CAMPAIGN, UH, I BACKED, UH, THE CANDIDATE THAT CAME UP SHORT. UH, UH, AND, AND I WILL TELL YOU THAT I RAN ACROSS MR. FADI, UH, MULTIPLE TIMES AT MULTIPLE, UH, POLLING LOCATIONS. AND, UM, UM, I THINK HE'S A GREAT GUY. UH, BUT I WAS ADVISED THAT I HAD, I I WAS ORIGINALLY GONNA, UM, PRESENT THIS AGAINST AURA, THE, THE ENTITY, BUT I WAS ADVISED THAT I HAD TO DO, UM, HAD TO PRESENT IT AGAINST A NATURAL PERSON. UH, AND THAT'S THE ONLY REASON THAT MR. FATS IS LISTED. HE'S THE PRESIDENT OF, UH, AURA. AND, UM, AND THAT'S WHY MR. FATTYS IS PERSONALLY LISTED. UH, IT, IT IS NOTHING AGAINST HIM, UH, PERSONALLY OR AGAINST, UH, UH, HIS ACTIONS IN THE CAMPAIGN. THEY WERE BOTH HONORABLE AND HE WORKED POLLS LIKE A, LIKE A, LIKE A MADMAN. SO I HAVE NOTHING BUT RESPECT FOR HIS, UH, HIS ACTIONS DURING THE, UH, DURING THE RUNOFF CAMPAIGN. UH, BUT WITH THAT SAID, UM, I DO HAVE CONCERNS ABOUT THE ACTIONS OF AURA DURING THE, NOT ONLY DURING THE, THE CAMPAIGN, BUT ALSO DURING THE RUNOFF. THIS IS SPECIFICALLY FOCUSING ON THE, UM, THE CAMPAIGN EVENT OF THE RUNOFF, UM, WHERE AURA BACKED, UM, THE CANDIDATE, MIKE SIEGEL, WHO IS NOW THE COUNCIL MEMBER FOR DISTRICT SEVEN. AND IN MY, UH, ALLEGATIONS, UH, AND AGAIN, THIS IS ALSO A, UM, A REFILE SAME SITUATION, UH, AS LAST TIME. AND AGAIN, UH, MY THANKS TO MS. WEBSTER, UH, FOR WALKING ME THROUGH THE, UH, REFILE. AND, UM, I CERTAINLY APPRECIATE THAT. UM, WITH THAT SAID, UM, UH, IN MY, UH, DISCLOSURE, IN MY ORIGINAL FILING, UM, I NOTE, UM, AT LEAST, UH, FIVE INSTANCES WHERE AURA, UM, UH, AUSTIN FOR EVERYONE MADE DIRECT CAMPAIGN EXPENDITURES IN SUPPORT BY NAME OF MIKE SIEGEL, THEIR CANDIDATE OF HIS CHOICE IN THE, IN THIS RACE. IT IS ABSOLUTELY THEIR FIRST AMENDMENT RIGHT AS A, AND, AND, AND AURA IS A, UH, NOT-FOR-PROFIT CORPORATION LISTED, UH, IN THE STATE OF TEXAS. UH, SO REGISTERED WITH SECRETARY OF STATE'S OFFICE, UM, IT IS ABSOLUTELY THEIR RIGHT UNDER CITIZENS UNITED. YOU MAY AGREE OR DISAGREE WITH CITIZENS UNITED. IT IS THE LAW OF THE LAND. IT'S WHAT WE HAVE TO OPERATE. I'M A, I'M A, AN ADVOCATE, A A LOBBYIST, WHATEVER YOU WANT, WHATEVER YOU WANNA CALL US, UH, AT THE CAPITOL. UM, I LOBBY FOR, UM, MOSTLY FOR, UH, TRAVIS COUNTY FOR OTHER, UH, LARGE COUNTIES. AND, UM, UH, BUT AS A LOBBYIST, I'M REQUIRED TO NOTE MY CAMPAIGN CONTRIBUTIONS, MY EXPENDITURES ON STAFF, ON MEMBERS, ON, UH, ITEMS. I HAVE TO DO THAT EVERY MONTH. IT'S THE LAW OF THE LAND I'VE MISSED. ONE TIME I GOT DINGED, I PAID MY $500, I HADN'T MISSED AGAIN. BUT, UH, I DO IT EVERY MONTH BECAUSE IT'S THE LAW, THE LAW OF THE LAND, NOT ONLY FEDERALLY AT THE STATE, BUT ALSO AUSTIN SAYS YOU HAVE TWO WAYS TO MAKE, BASICALLY, TWO WAYS TO MAKE CAMPAIGN CONTRIBUTION. YOU CAN DO IT DIRECT, PUT YOUR NAME ON THE, ON THE BOTTOM LINE, AND THEN THE CANDIDATE LIST, YOU AS A CAMPAIGN CONTRIBUTOR. IF YOU LOOK UP CAMPAIGN CONTRIBUTIONS, UM, FOR THE MAYOR'S OFFICE FOR SEVERAL RACES, OTHER, OTHER MEMBERS OF THE, OF THE CITY COUNCIL FOR DISTRICT SEVEN, YOU'LL SEE MY NAME. I, I GLADLY CONTRIBUTE TO PEOPLE WHO I THINK ARE, ARE GOOD IN OFFICE. UM, AND, AND THAT'S OKAY. THAT'S ONE WAY TO DO IT. THE OTHER WAY TO DO IT IS YOU DO A 5 27 FUND. YOU DON'T HAVE ANY CONTACT WITH THE CANDIDATE. [00:45:01] YOU DO INDEPENDENT EXPENDITURES. UM, AND YOU CAN DO THAT. AND THAT'S, AGAIN, YOU MAY LIKE, YOU MAY DISLIKE CITIZENS UNITED, BUT THAT'S WHAT IT SAYS. AND YOU CAN KEEP THOSE CAMPAIGN, YOU CAN KEEP THOSE CONTRIBUTIONS SEPARATE, APART. AND FOR THE MOST PART, SECRET, YOU DON'T HAVE TO DISCLOSE THOSE. IN THIS INSTANCE. AURA IS TRYING TO DO IT BOTH WAYS. THEY TRY TO MAKE CAMPAIGN AND, AND UNDER THE DEFINITIONS OF TWO DASH TWO DASH 31, THEY MADE DIRECT CAMPAIGN EXPENDITURES, CLEARLY DEFINED BY THE CITY OF AUSTIN. AND THEY MADE SPECIFIC ELECTIONEERING COMMUNICATION. THEY SAID, COME TO OUR RALLY AND, AND SUPPORT OUR CANDIDATE, MIKE SIEGEL. COME BLOCK WALK FOR OUR CANDIDATE, MIKE SIEGEL. COME MEET MIKE SIEGEL AT OUR RALLIES. AND THEY DID THIS EVERY WEEKEND DURING THE RUNOFF AND MULTIPLE OTHER TIMES. SO THEY CAN'T CLAIM THAT THEY'RE AN INDEPENDENT EXPENDITURE. THEY DID IT WITH EXPRESSED, UH, NOTIFICATION, EXPRESSED ADVOCACY FOR MR. SIEGEL'S CANDIDACY. AND THEY, THEY DID IT WITH THEIR OWN FUNDS IN DOING THAT, THEY FAILED. THIS IS WHERE THE VIOLATION OCCURS. THEY HAVE NEVER FILED A PAC, THEY'VE NEVER FILED A CAMPAIGN, UH, TREASURER. BOTH OF THOSE ARE NOT ONLY VIOLATIONS OF THE CITY CODE, THEY'RE VIOLATIONS OF THE STATE ELECTION LAW. IT IS CLEAR IF AURA WANTS TO BE A POLITICAL ENTITY AND MAKE CAMPAIGN CONTRIBUTIONS, DO SO UNDER A 5 27 FUND, DO IT INDEPENDENTLY. BUT WHEN YOU START TO COORDINATE WITH A CANDIDATE, WHEN YOU MAKE DIRECT AND EXPRESS, UM, ADVOCACY STATEMENTS FOR THE ELECTION OF A SPECIFIC PERSON UNDER CITY CODE AND STATE LAW, THAT IS A CAMPAIGN CONTRIBUTION. THOSE CAMPAIGN CONTRIBUTIONS ARE NOT LISTED BY ANY CANDIDATE, NOR HAS AURA FILED FOR A TREASURER OR A PAC TO SUPPORT THOSE CANDIDATES. AGAIN, THOSE ARE VIOLATIONS OF BOTH STATE AND UH, CITY CODE. WITHOUT I ANSWER ANY QUESTIONS. THANK YOU MR. HAYNES, FOR THAT PRESENTATION. I BELIEVE THE CORRECT PROCESS IS THAT NOW WE WILL HEAR FROM THE RESPONDENT. ALRIGHT, UM, MR. FADI, YOU HAVE 10 MINUTES AND AGAIN, THE SAME THREE MINUTE WARNING. HOWDY COMMISSIONERS, THANK YOU FOR THE OPPORTUNITY TO ADDRESS THE ALLEGATIONS IN MR. HAYNES COMPLAINTS. I'LL GO THROUGH THE COMPLAINTS' ALLEGATIONS AS BEST I CAN. FIRST OF ALL, THIS COMPLAINT IS MADE AGAINST THE WRONG ORGANIZATION. THE COMPLAINT WAS FILED AGAINST ME AS A REPRESENTATIVE FOR AURA FOR AUSTIN, WHICH IS A 5 0 1 C3 CORPORATE NONPROFIT CORPORATION. PROVIDES A LETTER FROM THE IRS AND ARTICLES OF INCORPORATION FROM SECRETARY OF STATE REGARDING AURA FOR AUSTIN. I AM A BOARD MEMBER OF THIS ORGANIZATION, HOWEVER, ALL THE ACTIONS AND THE EMAILS DOCUMENTED IN THE COMPLAINT WERE FROM AUSTIN AURA, A 5 0 1 C FOUR ORGANIZATION OF WHICH I AM THE PRESIDENT. 5 0 1 C FOUR ORGANIZATION HAS EXISTED SINCE, SINCE SEPTEMBER, 2016. AND EVERYTHING DONE UNDER THE BANNER OF AURA SINCE THEN HAS BEEN UNDER THAT ORGANIZATION. THE 5 0 1 C3 ORGANIZATION WAS RECENTLY CREATED IN JULY OF 2024. THE 5 0 1 C3 HAS NEVER ACCEPTED A CONTRIBUTION OR MADE AN EXPENDITURE, HAS NO MEMBERS, NO PUBLIC PRESENCE HAS TAKEN NO ACTIONS OUTSIDE OF A FEW INITIAL BOARD MEETINGS FROM HERE ON OUT. WHEN I REFER TO AURA, PLEASE KNOW THAT I'M REFERRING TO AUSTIN AURA, THE 5 0 1 C FOUR ORGANIZATION. AURA IS AN ALL VOLUNTEER DEMOCRATICALLY RUN ORGANIZATION WITH DUES PAYING MEMBERS THROUGHOUT AUSTIN. WE ARE FOCUSED ON TRANSPORTATION AND LAND USE ADV ADVOCACY IN THE CITY OF AUSTIN. WE GIVE EVERYDAY AUSTINITES AN OUTLET TO ADDRESS SOME OF OUR CITY'S MOST PRESSING NEEDS. WE ARE ENGAGED IN THE POLITICAL PROCESS AS ALLOWED FOR A 5 0 1 C FOUR UNDER BOTH FEDERAL AND STATE LAW. THIS COMPLAINT SHOULD BE DISMISSED SOLELY ON THE GROUNDS THAT THE NAMED ENTITY IN THE COMPLAINT HAS NOT CONDUCTED ANY OF THE ACTIVITIES THAT THE COMPLAINT DESCRIBES. HOWEVER, FOR THE SAKE OF THOROUGHNESS, I WOULD LIKE TO MAKE A GOOD FAITH EFFORT TO ADDRESS EACH OF THE CONCERNS RAISED IN THE COMPLAINT ITSELF. ALL THE EVIDENCE IN THE COMPLAINT TAKES THE FORM OF SCREENSHOTS OF THE AURA NEWSLETTERS. SO I ASSUME THIS IS WHAT MR. HAYNES IS REFERRING TO WHEN HE ALLEGES THAT AURA PRODUCED DIRECT POLITICAL COMMUNICATIONS AND BROADCAST POLITICAL ADVERTISING. SO I'LL GIVE SOME CONTEXT TO THAT. THE NEWSLETTER IS SENT AND DESIGNED THROUGH A SERVICE CALLED MAILCHIMP BY AURA VOLUNTEERS DISSENT TO OUR MEMBERS AND ANYONE WHO SIGNS UP AT A LINK ON OUR WEBSITE. IT ADVERTISES MANY THINGS THROUGHOUT THE MANY THINGS THROUGHOUT THE YEAR. ADVOCACY OPPORTUNITIES, [00:50:01] ITEMS AT CITY COUNCIL, SOCIALS AND POLITICAL EVENTS BOTH HOSTED BY US AND OTHER ORGANIZATIONS. THE SERVICE IS PAID FOR BY ME PERSONALLY. ANYONE WHO RECEIVES THE NEWSLETTER IS EITHER A MEMBER OR HAS PROACTIVELY ASKED TO RECEIVE IT. AND THE ORAL LOGO IS PREDOMINANTLY DISPLAY, PREDOMINANTLY PROMINENTLY DISPLAYED AT THE TOP AND THE BOTTOM. UH, MR. HAYNES ALSO ALLEGES THAT AURA HAS SPONSORED AND PAID FOR VARIOUS EVENTS IN CONNECTIONS WITH SEVERAL CAMPAIGNS FOR ELECTED OFFICES. THE EXHIBITS HE HAS PRODUCED IN HIS COMPLAINT RELATE TO TWO DIFFERENT TYPES OF ACTIVITIES THAT I WANNA DESCRIBE. UM, THE FIRST IS A BLOCK WALK WITH AN ENDORSED CANDIDATE. UH, AT THESE EVENTS, ALL THE TRAINING MATERIALS AND ADDRESSES WERE PROVIDED BY THE CANDIDATE. OUR ROLE IS MAINLY TO ADVERTISE THE EVENT OR MEMBERSHIP. UM, THE SECOND KIND OF EVENT, UH, WAS ONE THAT WE ORGANIZED AND CALLED LIP DROPPING, WHERE WE WOULD COORDINATE VOLUNTEERS, UH, TO GO ATTACH FLYERS TO DOORS. THESE FLYERS WERE PROVIDED BY AURA TO THE VOLUNTEERS, UH, BUT AS, AS IS INDICATED AT THE BOTTOM OF THE FLYERS WERE PRINTED AT THE EXPENSE OF INDIVIDUALS, THE FLYERS WOULD HAVE A DISCLAIMER AT THE BOTTOM STATING WHO PAID FOR THEM. UH, THERE ARE TWO VOLUNTEERS WHO DID THIS AND THEIR EXPENSES HAVE BEEN SUBMITTED TO THE CANDIDATES AS IN KIND CONTRIBUTIONS, UH, THE LITERATURE WAS SPECIFIC TO A, TO THE AREA WE WERE DISTRIBUTED. AGAIN, IT WOULD ADVERTISE THE ENDORSEMENTS THE CANDIDATES HAD RECEIVED, INCLUDING FROM AURA. AND A FEW OTHER ORGANIZATIONS WOULD SAY A LITTLE BIT ABOUT THE VALUE OF THE ORGS AND ENDORSED THEM. A COUPLE SENTENCES ABOUT THE CANDIDATES VOTING TIMES AND LOCATIONS. UH, THEY WERE MADE IN A VOLUNTEER'S HOME WITH THEIR PERSONAL PRINTER WITH BLACK AND WHITE, BLACK AND WHITE INK FOR VERY LITTLE EXPENSE. UM, LAST TIME I PROVIDED SOME EXAMPLES, I APOLOGIZE, I DON'T HAVE THOSE TODAY, BUT THEY WERE EMAILED, UH, DURING THE LAST ONE AND MAY MAYBE YOU GUYS RECEIVED IT. I'M NOT QUITE SURE. UM, I'LL GO THROUGH ALL THE EXHIBITS MENTIONED IN THE ARTICLE. UM, SO FOR THE FIRST EXHIBIT, UH, ALL THE MATERIALS AND TRAINING WERE PROVIDED BY THE ASHIKA CAMPAIGN, OR DIDN'T PAY FOR ANYONE'S FOOD OR DRINK AND OR DID NOT INTEND TO NOR MAKE A POLITICAL CONTRIBUTION. UM, AND THE SECOND EVENTS, UH, AND THE SECOND EXHIBITS, UM, ALL MATERIALS AND TRAININGS WERE PROVIDED BY THE POWELL CAMPAIGN FOR THAT ONE. UM, I PERSONALLY BROUGHT, BOUGHT BAGELS AND BROUGHT COFFEE FOR SEVERAL PEOPLE AT THE NEARBY COFFEE SHOP. UH, IT WAS THEIR PERSONAL EXPENSE MADE WITHOUT REIMBURSEMENT REIMBURSEMENT. UM, VOLUNTEERS PAID FOR THEIR OWN FOOD AFTER, UH, OR DID NOT INTEND TO NOR MAKE ANY POLITICAL CONTRIBUTION. UM, I, ON EXHIBIT THREE, UH, THERE WAS TWO SEPARATE EVENTS THAT WERE MENTIONED IN THE NEWSLETTER. UH, FOR THE FIRST EVENT, WE LIP DROPPED AND CHOSE DISTRICT AND INVITED HIM TO A SOCIAL EVENT WE WERE HAVING AFTERWARDS AT A COFFEE SHOP. BEFOREHAND, AURA PAID FOR $32 WORTH OF COFFEE AND PASTRIES FOR OUR VOLUNTEERS. AND THEN AT THE SOCIAL EVENT AFTERWARDS, THERE WERE TWO PIZZAS THAT WERE PAID FOR BY AN AURA BOARD MEMBER WHO DIDN'T ASK FOR REIMBURSEMENT. UM, I DON'T THINK CHEETO HAD A SLICE, BUT I COULD BE WRONG. UM, AT THE SECOND EVENT WE LIT, DROPPED IN DISTRICT 10 AND AURA SPENT $37 ON COFFEE BEFOREHAND. UM, ON EXHIBIT FOUR, UH, AT THIS EVENT, WE LIT DROPPED IN DISTRICT SIX, AND WE STARTED AT THE SAME HOUSE THAT KRISTA WAS LAUNCHING HER OWN BLOCK WALK FROM. THE OWNERS OF THIS HOUSE PROVIDED FOOD AND DRINKS. WE PAID NOTHING. UM, AFTER THE EVENT, SEVERAL OR VOLUNTEERS GOT FOOD TOGETHER, EACH INDIVIDUAL PAID FOR THEMSELVES. UM, THE THE FIFTH EXHIBIT, UH, TALKS, MOSTLY TALKING ABOUT OUR VOTER GUIDE. UM, THE VOTER GUIDE WAS DESIGNED BY ORA VOLUNTEERS AND IT WAS HOSTED ON OUR WEBSITE. IT SHOWS OUR ENDORSED CANDIDATES IN A FEW SENTENCES ABOUT EACH, WE ADVERTISE IN OUR NEWSLETTER. UM, EXHIBIT SIX, UH, WHERE, UH, WAS FOR, IT'S A BLOCK WALKING EVENT, AND THEN A RALLY THAT WE HAD. UM, ALL THE MATERIALS, FOOD AND DRINKS AT THE NOVEMBER 16TH EVENT WERE PAID FOR BY THE, BY, UH, BY THE SEQUEL CAMPAIGN AT HIS OWN BLOCK WALKING EVENT. UM, AT THE NOVEMBER 10TH EVENT, WE HAD A SOCIAL GATHERING WHERE, WHERE WE ANNOUNCED THAT SINCE POWELL DIDN'T MAKE THE RUNOFF AND THE, AND ACCORDING TO THE RULES OF OUR ENDORSEMENT PROCESS, OUR ENDORSEMENT SWITCHED TO SEGAL. WE GAVE POWELL AND SEGAL A CHANCE TO TALK. UH, ATTENDEES PAID FOR THEIR OWN FOOD AND DRINK. UM, AND THEN ON THE, THE LAST EXHIBIT THAT, UH, THAT MR. HAYNES HAS, UH, ALL THE MATERIALS, FOOD AND DRINK FOR WERE PAID FOR BY SIEGEL AT HIS BLOCK WALKING EVENT ON NOVEMBER 20TH. UM, IN TOTAL IN ALL THE ACTIVITIES MENTIONED IN THE COMPLAINT OR SPENT AROUND $69, AS BEST AS I CAN TELL, UM, ON FOOD ACROSS TWO OF THE EVENTS, UH, I DON'T BELIEVE EITHER OF THESE EXPENSES WOULD COUNT AS A POLITICAL CONTRIBUTION. AND FURTHERMORE, THE TOTAL AMOUNT WE DID SPEND WAS WELL UNDER THE REPORTING THRESHOLD OF THE CITY. UM, THE, THE POWER THAT AURA HAS IS NOT ITS MONEY. IT'S IN A COMMUNITY OF PASSION VOLUNTEERS THAT CARE DEEPLY ABOUT OUR CITY. IT'S BEEN CONFUSING AND DISHEARTENING TO HEAR OUR EFFORTS MISCONSTRUED IN THE PRESS AND THE COMPLAINTS FILED AGAINST US BY MR. HAYNES ABOUT THE CITY AND STATE LEVEL. ON THE SAME EVENING THAT THE TTEC COMPLAINT WAS ACCEPTED, I GOT AN EMAIL FROM KEN MARTIN, WRITER OF THE AUSTIN BULLDOG FORWARDING ME THE FULL COMPLAINTS AND ASKING ME TO COMMENT ON THEM. THE ARTICLE THEN PUBLISHED HAS QUOTES FROM ADAM HAYNES MAKING MORE FALSE ALLEGATIONS [00:55:01] AGAINST US. GIVEN THAT MYSELF AND HAYNES WERE THE ONLY ONES WITH ACCESS TO THESE COMPLAINTS, IT'S UNLIKELY THAT KEN MARS AND LEARNED OF THESE COMPLAINTS FROM ANYONE OTHER THAN MR. HAYNES HIMSELF. UH, THE TE TEXAS, AH, TEXAS ETHICS COMMISSION HAS ISSUED A RESOLUTION CALLING SUCH ACTIONS, AN IMPROPER ATTEMPT TO MIS MISLEAD THE PUBLIC. AND I AGREE. UM, THANK YOU FOR HEARING ME OUT AND I'LL ANSWER ANY QUESTIONS AS BEST I CAN. THANK YOU FOR THAT PRESENTATION, MR. FADI. ALRIGHT, COMMISSION AT THIS TIME, WE WILL OPEN THE FLOOR FOR QUESTIONS FROM THE COMMISSION. UM, COMMISSIONER RETURN. UH, MR. PATTIS, YOU'VE, UH, CHARACTERIZED, UH, SOME DIRECT EXPENDITURES THAT YOU BELIEVE ARE TOO LOW TO ME, UH, THRESHOLD. UH, BUT YOU'VE ALSO TALKED ABOUT, UH, THE PRODUCTION OF MATERIALS. YOU'VE ALSO TALKED ABOUT, UH, THE IDEA THAT WHAT VALUE YOU ADD IS IN YOUR, IN YOUR ORGANIZATION'S, UH, MEMBERSHIP OF INVOLVED, UH, COMMUNITY MEMBERS. UM, SO I GUESS MY QUESTION TO YOU IS, WHY DO YOU FEEL LIKE THOSE ARE NOT THINGS OF VALUE THAT HAVE BEEN PROVIDED IN KIND TO THE CANDIDATES? I DUNNO HOW I WOULD. ONE, I'M, I'M NOT SURE HOW WE WOULD VALUE THAT. I MEAN, I DON'T PAY FOR, I, WE DID NOT PAY ANYONE ANY MONEY AT ANY TIME. AND IF I WERE TO GO AND BLOCK WALK FOR, FOR CANDIDATES AS I DID MANY TIMES, NO ONE ASKED ME TO SUBMIT A, YOU KNOW, A CAMPAIGN REPORT TO TRY AND VALUE THE TIME THAT I SPENT. I'M NOT SURE I, I AM NOT FAMILIAR ENOUGH. I DON'T KNOW OF ANY PART OF OUR, MY UNDERSTANDING OF, I'M NOT A LAWYER, BUT MY UNDERSTANDING OF THE, UH, CAMPAIGN FINANCE RULES DOESN'T REQUIRE US TO TRY AND VALUE THE TIME OF, OF VOLUNTEERS WHO ARE, ARE NO WAY PAYING. UM, AND I DON'T KNOW WHY. WE'RE ALSO LIKE, IF WE SUGGEST TO PEOPLE, IF WE TELL OUR MEMBERS LIKE, HEY, HERE'S THIS VOLUNTEER OPPORTUNITY, YOU KNOW, WHICH ABOUT HALF OF OUR EVENTS WERE SOME WE ORGANIZED OURSELVES AND SOME WE JUST SAID, HEY, YOU KNOW, THIS EVENT IS HAPPENING. UM, YOU GUYS SHOULD GO OUT, UH, AND YOU KNOW, TO IS THAT PERSON THERE BECAUSE OF US? 'CAUSE THEY HEARD FROM SOMEONE ELSE. ARE WE EXPECTED TO? YEAH. HOW MUCH OF THAT OF THEIR CONTRIBUTION DO WE DO WE TAKE ON? I, I DON'T KNOW HOW THAT ACCOUNTING WOULD WORK AND I DON'T THINK THE LAW ASKS US TO MAKE, TRY AND DO THAT SORT OF ACCOUNTING AS THAT'S MY UNDERSTANDING. AND JUST A, A QUICK FOLLOW UP QUESTION JUST SO THAT I CAN GET MY HEAD AROUND THIS IDEA THAT, UH, THAT YOU'RE NOT PROVIDING A SERVICE, UH, YOU'RE JUST NOTIFYING PEOPLE. UM, DO YOU HAVE ANY, UH, EXPLANATION AS TO WHY A CAMPAIGN WOULD VALUE YOUR PARTICIPATION IF YOU'RE NOT ADDING SOMETHING OF VALUE TO THEIR CAMPAIGN? I DON'T, I DON'T THINK THAT I'M NOT ADDING VALUE. I THINK WE'RE AT, EXCUSE ME, I I'M, I'M SPEAKING DIRECTLY TO AURA AS A POLICE. YES. UM, WHY WOULD A CAMPAIGN ASK AURA TO PARTICIPATE AND PUT AURA'S LABELING ON THEIR, UH, ON THEIR MARKETING MATERIALS IF THEY DIDN'T THINK YOU WERE ADDING SOMETHING OF VALUE TO THEIR CAMPAIGN? I AM NOT STATING THAT WE ARE NOT VALUABLE TO CAMPAIGNS. I AM STATING THAT I DON'T, UNDER THAT, ACCORDING TO MY BEST UNDERSTANDING OF THE ELECTION LAW, WE HAVE NOT MADE ANY CONTRIBUTION THAT WOULD REQUIRE OTHER THAN THE, THE $69 THAT I STATED, WHICH I DON'T THINK IS A POLITICAL CONTRIBUTION PAYING FOR. AND, BUT AS BEST I UNDERSTAND, LIKE THAT'S THE CLOSEST THING THAT, YOU KNOW, IN ANY THINGS THAT HE STATED THAT WE'VE ACTUALLY SPENT MONEY ON. AND I DON'T, MY BEST UNDERSTANDING OF THE LAW DOESN'T REQUIRE THE THINGS THAT WE'VE DONE TO BE REPORTED AS POLITICAL CONTRIBUTIONS. ALRIGHT, THANK YOU COMMISSIONER HUMPHREY. EXCUSE ME, I HAVE TWO QUESTIONS. DID YOU SAY THAT SOME OF YOUR ACTIVE MEMBERS HAD PRINTED STUFF ON THEIR HOME COMPUTERS? AND DID YOU SAY THEY, THEY SUBMITTED AS, AS INDIVIDUALS A VALUE, AS A CONTRIBUTION? THAT'S CORRECT. UM, ALL OF THE CAMPAIGN LITERATURE THAT WE HANDED OUT AT POLLING LOCATIONS AND SOME, UM, AT ON DOORS, UH, THEY EACH AT THE BOTTOM SAID, UM, WHATEVER THE, THE PROPER DISCLOSURE IS, I FORGET THE MOMENT, BUT THIS IS A POLITICAL CAMPAIGN PAID FOR BY, OR WHATEVER, PAID FOR BY, BY THIS PERSON AND HAD INDIVIDUAL'S NAME ON IT. AND THE INDIVIDUAL FILED A REPORT, UH, FILED REPORT. AND THOSE WERE LISTED ON MR. SIEGEL'S? I THINK SO, YES. AND, AND ALL THE OTHER CANDIDATES. MY SECOND QUESTION IS, WHAT ELSE DOES THIS 5 0 1 C FOUR DO? WHAT ARE YOUR OTHER ACTIVITIES AND WHAT KINDS OF JUST ESTIMATING, OH GOSH, WHAT KINDS OF MONEY AND EFFORTS YOU PUT INTO THOSE? UM, IN TERMS OF EFFORT, A LOT. I MEAN, UH, TOMORROW I'M GONNA BE AT CITY HALL [01:00:01] TOMORROW AND WE'RE GONNA HAVE HOPEFULLY 20 PLUS PEOPLE SPEAK ON CITY HALL IN FAVOR OF A BUILDING CODE REFORM CALLED SINGLE STAIR. UM, WHICH IS A, AND NOT, AND MAYBE I SHOULDN'T GET TOO MUCH INTO THE DETAILS. WE'RE VERY INVOLVED IN TRYING TO, UH, ADVOCATE FOR TD POLICY AROUND, AROUND, UM, AROUND THEIR FUTURE LIGHT RAIL LINE. UM, AROUND UNO RIGHT NOW IS, UH, WEST CAMPUS ALLOWING COUNSELING. I MEAN, WE'VE PUT IN A LOT OF TIME, WE ARE A VERY ACTIVE ORGANIZATION, UH, AND WE HAVE A LOT OF MEMBERS THAT, THAT CARE PASSIONATELY. UM, FOR THIS, I, UH, WE ACTUALLY HAD TO DO A LITTLE BIT OF ACCOUNTING OF, OF THE NUM OF THE, I THINK LAST YEAR WE SPENT AROUND IT. IT WAS OUR, OUR, THE, THE AMOUNT OF MONEY THAT WE SPEND, AMOUNT OF MONEY AND THE TIME THAT WE SPEND ON, UH, ELECTIONS IS SIGNIFICANT ONCE EVERY TWO YEARS. BUT IT IS NOT, YOU KNOW, ANYWHERE CLOSE TO THE BREADTH OF THE WORK THAT WE DO, IF THAT'S SORT OF WHAT YOU'RE ASKING. THANK YOU. ALL RIGHT, COMMISSIONER FIGUEROA. YEAH. UM, SO MY QUESTION, UM, IS REGARDING, UM, THE ISSUE OF, UH, OF THE POLITICAL COMMITTEE. UM, I THINK ONE OF THE THINGS YOU WERE TALKING ABOUT, MS. FARRIS WAS ABOUT DISTINGUISHING BETWEEN AURA AND PRIVATE INDIVIDUALS. AND SO, UH, MY QUESTION FOR YOU IS, W WERE THE PEOPLE WHO WERE MAKING THESE INDIVIDUAL CONTRIBUTIONS, ARE YOU CLAIMING THAT THEY WERE MAKING 'EM AS A PRIVATE INDIVIDUAL OR ON BEHALF OF AURA WHEN THEY DID MAKE THOSE EXPENDITURES? I'M, I'M TRYING TO GET A FURTHER UNDERSTANDING OF WHERE THE LINE IS BETWEEN A PRIVATE INDIVIDUAL AND VERSUS WHETHER THEY WERE DOING IT ON BEHALF OF A GROUP SUCH AS AURA. NO, I'M SORRY. IT'S FOR MR FIRST. OH, I, I APOLOGIZE. UM, I, I AM NOT A LAWYER. I CAN'T TELL YOU THE THE LEGAL DEFINITIONS OF, BUT I MEAN, WE, WE HAVE MEMBERS, RIGHT? YOU CAN CALL YOURSELF NORA MEMBER, IF YOU GIVE US $25 A YEAR, UM, ANYONE CAN CALL THEMSELVES AN ORA MEMBER. UH, AND YOU KNOW, WE ENCOURAGE OUR MEMBERS TO GO OUT TO EVENTS TO SUPPORT CANDIDATES THAT WE HAVE ENDORSED, UM, THAT WE ENDORSED DEMOCRATICALLY THAT, THAT WE'VE ALL ENDORSED TOGETHER AS A COMMUNITY. UH, I DON'T KNOW. , I, YEAH, I I DON'T KNOW THE ANSWER TO YOUR QUESTION. UM, MAYBE IF YOU COULD RESTATE IT SOME OTHER WAY OR I GUESS THE, THE DEFINITION IS A GROUP OF PERSONS THAT HAS A PRINCIPAL PURPOSE, UM, AND IN PART, AND THEN IT TALKS ABOUT WHETHER IT'S CONTRIBUTIONS AND EXPENDITURES. AND I DON'T WANNA GET INTO THE, WHETHER IT'S AN EXPENDITURE CONTRIBUTION. I'M JUST CURIOUS IF THE INDIVIDUALS WHO WERE ATTENDING THIS EVENT PAYING FOR THE FOOD AND DOING THESE EVENTS, WERE DOING IT UNDER A PRINCIPAL PURPOSE FOR A GOAL OF AURA. OR WERE THEY PRIVATE CONSTITUENTS THAT WERE LIKE, I'M JUST DOING THIS BECAUSE I LIKE THIS CANDIDATE. I MEAN, EVERYONE'S WITHIN AURA IS WITH WORK BECAUSE THEY BELIEVE IN THE MISSION OF A MORE AFFORDABLE AUSTIN. THAT THEY'RE NOT THERE BECAUSE THEY BELIEVE IN AURA AS LIKE, YOU KNOW, AN INDEPENDENT ORGANIZATION THAT THEY'RE BEHOLDEN TO LIKE, LIKE AM AMERICA OR LIKE AUSTIN. MM-HMM . YOU KNOW, THEY, THEY'RE NOT DOING IT FOR LOVE OF AURA, THEY'RE DOING IT FOR LOVE OF THE CITY OF AUSTIN. BUT AURA WAS THE ONE ORGANIZING THEM AND KIND OF PULLING THEM TOGETHER AND KIND OF GETTING THE, THE, WE ARE AN ORGANIZING FORCE TO, TO HELP CHANNEL THAT PASSION FOR OUR CITY. OKAY. I THINK, I THINK THAT HELPS. THANK YOU. I, I HAVE A COUPLE QUESTIONS AND THEN I, UH, I'LL RECOGNIZE YOU, COMMISSIONER RETURN. UM, FIRST I WANTED TO THANK MR. HAYNES FOR SAYING WHAT YOU DID. I THINK THAT'S A, A VERY KIND GESTURE TO SAY THAT THIS WAS REALLY, THAT, UM, YOU HAD GOOD THINGS TO SAY ABOUT MR. FADI AND, UM, I APPRECIATE YOUR, YOUR BEING TRANSPARENT SAYING, HEY, I HAVE TO DO IT THIS WAY BECAUSE I, I NEED TO, UH, FILE A COMPLAINT AGAINST THE INDIVIDUAL RATHER THAN THE ORGANIZATION. UM, IT WAS GOOD TO HEAR THAT YOU, UM, RESPECT AND, UH, THINK, THINK HIGHLY RATHER OF MR. FATS. SO I APPRECIATE HEARING THAT. AND THEN RELATED MR. FATS, I JUST WANTED TO, UH, REASSURE YOU THAT WE, WHEN THE COMMISSION ASKS QUESTIONS, AT THIS POINT, WE ARE NOT, WE'RE JUST ASKING QUESTIONS. WE HAVEN'T MADE UP OUR MIND, SO I JUST WANTED TO REASSURE YOU, YOU'RE NOT, UM, UM, UNDER THE GUN OR UNDER FIRE. WE'RE JUST DOING OUR JOB TO ASK QUESTIONS. SO I JUST WANTED YOU TO KNOW THAT THIS IS NOT A, WE'RE NOT GRILLING YOU. AND SO I HOPE THAT YOU, UM, CAN UNDERSTAND THAT WE ARE DOING OUR JOB TO ASK QUESTIONS. AND WE MEAN NO OFFENSE AT ALL. ALRIGHT. MY QUESTIONS, UH, MR. FADI, I HEARD YOU MENTION THAT THERE'S, THERE ARE TWO AURAS, AND I'M TRYING TO UNDERSTAND THE DIFFERENCE BETWEEN ONE AURA IS A 5 0 1 C3, [01:05:01] WHICH I'M MORE FAMILIAR WITH, AND THE OTHER ONE YOU SAID WAS A 5 0 1 C FOUR. I'M NOT FAMILIAR WITH THAT. COULD YOU CLARIFY THE DIFFERENCE? SURE. SO, UM, AURA, AND WHEN I SAY AURA, I'M ALMOST ALWAYS REFERRING TO THE 5 0 1 C FOUR 'CAUSE THAT'S THE ORGANIZATION THAT HAS EXISTED FOR A MUCH LONGER TIME. AND THE C3 IS, YOU KNOW, A NEW INITIATIVE. UM, AND IT'S SOMETHING I'M ON THE BOARD ON AND I THINK IT WAS A BAD IDEA THAT, THAT THEY SHARED ANY, YOU KNOW, ITIES. BUT, UM, SO WE HAVE ALWAYS BEEN A C FOUR, UH, SINCE 2016. UM, AND WHEN PEOPLE ARE A MEMBER OF A AND THEY SAY I'M AURA, THEY'RE REF, YOU KNOW, THEY MIGHT NOT KNOW 'CAUSE NO ONE CARES ABOUT NONPROFIT LAW, BUT YOU KNOW, THEY'RE REFERRING TO THE C FOUR. AND SO A C FOUR IS THE MAIN DIFFERENCE IS THAT A C FOUR, A C THREE'S PURPOSE IS PURELY, UH, ADV ADVOCACY. THEY ARE NOT ALLOWED TO BE IN ELECTIONS. THEY'RE NOT ALLOWED TO DO ENDORSEMENTS. UM, AND WHEN YOU GIVE MONEY TO A C3, YOU CAN, UH, YOU, THEY HAVE HIGHER REPORTING STANDARDS AND THAT BE, AND BECAUSE OF THAT, UM, BECAUSE THEY'RE NONPOLITICAL, THEY'RE NONPARTISAN. WHEN YOU GIVE MONEY TO THAT ORGANIZATION, YOU, UH, YOU IT CAN BE TAX DEDUCTIBLE. UM, A C FOUR, UH, ON THE OTHER HAND IS A, A ORGANIZATION THAT HAS A MUCH SLOWER THRESHOLD REPORTING BECAUSE THEY DON'T HAVE ANY SORT OF SPECIAL TAX, WELL, THEY HAVE A SPECIAL TAX ASSETS. THEY DON'T PAY TAXES AS LIKE A CORPORATION. BUT WHEN YOU GIVE MONEY TO THEM, THEY ARE NOT, UH, YOU DON'T GET ANY TAX RE YOU DON'T HAVE THE ABILITY TO GET, UH, TAX REBATE, UM, OR CREDIT, I FORGET THE RIGHT TERM. UM, BUT, UH, BUT THEY ARE ALLOWED TO BE, UH, THEY ARE ALLOWED TO BE POLITICALLY ACTIVE. UM, THEY ARE ALLOWED TO DO ENDORSEMENTS. IT CANNOT BE A MAJORITY OF WHAT THEY DO AND IT'S NOT A MAJORITY OF WHAT AURA DOES, BUT THEY ARE ALLOWED TO BE POLITICALLY ACTIVE. UH, DOES THAT ANSWER YOUR QUESTION? YEAH. YES SIR. THANK YOU. AND SO WHEN THE AVERAGE PERSON AND YOU HEAR AURA MM-HMM . AND I, AND I THANK YOU FOR, FOR OWNING UP TO THAT. YEAH. IT WAS A, IT'S VERY CONFUSING. SO THANK YOU FOR ACKNOWLEDGING THAT. BUT THE AVERAGE PERSON YOU HEAR, YOU SEE AURA, WHAT DO YOU THINK THE AVERAGE PERSON WOULD UNDERSTAND, WHICH AURA IT IS AND WHETHER THAT AURA CAN BE POLITICAL OR NOT? WELL, WELL MOST PEOPLE WOULDN'T, WOULDN'T ASK. YOU KNOW, THAT'S NOT THE KIND OF THING MOST, MOST PEOPLE ASK, BUT, UM, WE'VE BEEN A, A 5 0 1 C FOUR STATUS AND WE ARE ALSO, UM, THERE'S, I FORGET THE NAME OF THE TERM, BUT THERE IS A, A SEPARATE THING THAT YOU FILED SO THAT YOU CAN OPERATE UNDER THE NAME OF. SO LIKE WE DON'T SAY AUSTIN FOR AURA. WE SAY AURA, UM, UH, THAT'S LIKE, UH, A, YOU KNOW, AND A BUSINESS MIGHT NOT CALL, MIGHT GOOGLE PROBABLY ISN'T CALLED LITERALLY GOOGLE. UM, BUT EVERYONE KNOWS THAT AS GOOGLE IS PROBABLY CORPORATE SOMETHING ELSE, BUT THERE'S A PIECE OF PAPERWORK THAT YOU FILE AND SAY, I CAN OPERATE AS THE ORGANIZATION GOOGLE. AND SO IN THAT SAME WAY THE 5 0 1 C FOUR ORGANIZATION IS FILED TO IN THE STATE OF TEXAS TO OPERATE UNDER THE NAME AURA. UM, SO THAT'S REFERRING FROM A LEGAL PERSPECTIVE, BUT FROM A PRACTICAL EVERYDAY PERSON PERSPECTIVE, I MEAN, WE'VE BEEN AURA SINCE 2016. UH, WE'VE BEEN KNOWN AS A VERY POLITICAL ORGANIZATION. IF YOU KNOW ANYTHING ABOUT, YOU KNOW, FIVE ONE C FOURS, YOU WOULD KNOW THAT, YOU KNOW, IT'S NOT THAT WE DO, YOU COULDN'T DO AS A C3. UM, YOU KNOW, WHEN WE BECAME, WHEN WE, WHEN THERE WAS A SEPARATE ORGANIZATION, UH, THAT WAS INSTATED IN LAST YEAR, YOU KNOW, THERE WAS NO BIG ANNOUNCEMENT, NOTHING ABOUT THE WEBSITE CHANGED, NOTHING ABOUT THE NEWSLETTER CHANGED BECAUSE THAT DIDN'T HAVE ANYTHING TO DO WITH ALL THE BUSINESS OF OUR, OF OUR MEMBERS AND STUFF. AND YOU KNOW, WHEN YOU, WHEN YOU DONATE TO AURA, YOU KNOW, YOU DON'T GET A RECEIPT SAYING, HERE'S THIS FOR TAX FILING PURPOSES. RIGHT. UM, YOU KNOW, WE MAKE NO STATEMENTS THAT THE MONEY THAT YOU GIVE TO US IS GOING TO BE, IS GOING TO REDUCE YOUR TAXES. UM, WHICH IS THE KIND OF THING THAT YOU MIGHT DO IF YOU'RE TRYING TO FUNDRAISE AND IF YOU WERE A MEMBER ORGANIZATION WITH A, WITH A 5 0 1 C3. OKAY. SO THEN WHAT IS THE NAME OF THE NEW, THE NEWER 5 0 1 C3? UH, AUSTIN AURA. OKAY, SO 5 0 1 C FOUR IS AURA. THAT'S THE, UH, WELL, THE, THE FIVE, THE, THE NAME THAT IT'S UNDER THE STATE OF TEXAS IS AURA FOR AUSTIN. FOUR. SORRY, AURA FOR AUSTIN IS THE 5 0 1 C, UH, IS IT 5 0 1 C3 I, EXCUSE ME MA'AM. AUSTIN AURA IS THE 5 0 1 C FOUR ORGANIZATION. AURA FOR AUSTIN IS THE 5 0 1 C3. IT IS THE, AND THAT'S THE PAPERWORK THAT MR. HAYNES HAS, UH, SUBMITTED TO YOU AND, AND HAS CLAIMED, HAS DONE ALL THE STUFF THAT, THAT HE'S REFERRED TO TONIGHT. I I IS FIVE, OH, I'M SORRY. I'M SORRY TO, UH, BELABOR THIS 0.501 C3. WHAT IS THE NAME? AURA FOR AUSTIN MA'AM. AURA FOR AUSTIN. AND THEN THE 5 0 1 C FOUR, WHICH HAS BEEN IN EXISTENCE SINCE 2016 IS AUSTIN AURA? YES, MA'AM. THAT IS CORRECT. OKAY, THANK YOU. AND I'LL RECOGNIZE, OH, YOU YIELD TO, UM, COMMISSIONER [01:10:01] KALE? YEP. I HAVE A QUESTION. SO TO CLARIFY, MR. FADI, ARE YOU SAYING THAT THE COMPLAINANT FILED UNDER THE INCORRECT, UM, ORGANIZATION? ORGANIZATION, YES, MA'AM. SO, UM, SO THAT COULD BE SEEN AS WELL, I DON'T WANNA PUT WORDS IN ANYBODY'S MOUTH, BUT THAT COULD BE AN ADMINISTRATIVE THING, BUT, UM, BUT I JUST WANTED TO CLARIFY THAT. AND THEN MY NEXT QUESTION WAS, WHAT DO YOU DO, UM, YOU MENTIONED THAT MEMBERS CONTRIBUTE TO BE CONSIDERED A MEMBER, THEY DONATE $25. WHAT DO YOU SPEND THAT MONEY ON? UM, A LARGE AMOUNT OF THINGS. WE, WE'RE A PRETTY FRUGAL ORGANIZATION. WE DON'T SPEND A WHOLE LOT OF MONEY. UH, A LOT OF IT IS ON LIKE, VENUE RENTALS WHEN WE, SOMETIMES WE HOLD EVENTS, SOMETIMES IF YOU HAVE A HAPPY HOUR, WE BUY SOMEONE'S FIRST ROUND. WE SPEND IT ON T-SHIRTS AND OTHER SWAG, EV EVERYONE, UM, WE'RE SPEAKING AT CITY HALL TOMORROW ABOUT SINGLE STAIR STUFF, AND SOME PEOPLE HAVE, HAVE, WILL HAVE SINGLE STARE. YOU'LL SEE, UH, YELLOW SINGLE STARE T-SHIRTS. UM, YEAH, STUFF LIKE THAT. UH, THERE'S, YOU KNOW, SOME ADMINISTRATIVE COSTS LIKE RUNNING THE WEBSITE, UM, AND THINGS LIKE THAT. OKAY. RIGHT. AND THEN MY FINAL QUESTION WAS, UM, YOU SAID THAT YOU, IT'S, YOU DO A LOT OF POLITICAL THINGS LIKE BACKING MEASURES, LIKE THE SINGLE STEPS AND, UH, SINGLE STARE. UH, BUT THAT UNDER TAX PURPOSES, MA'AM, I'M SORRY TO CUT YOU OFF. OH, NO, THAT'S OKAY. IS NOT, UH, MY UNDERSTANDING THAT THAT'S CONSIDERED ADVOCACY WORK. IT'S NOT CONSIDERED POLITICAL WORK BECAUSE WE'RE NOT, YOU KNOW, HELPING SOMEONE WIN ELECTION. IT'S NOT LIKE GONNA BE ON THE BALLOT. SINGLE STARE IS NOT GONNA BE THE BALLOT. IT'S LIKE SOMETHING PASSED AT CITY HALL. OKAY. SO THAT'S NOT CONSIDERED POLITICAL. WELL, THAT WAS GONNA BE ONE OF MY QUESTIONS IS WHETHER, UM, TO WHAT EXTENT ARE YOUR ACTIVITIES POLITICAL, IE BACKING A CANDIDATE, BUT ALSO SOME OF THESE MEASURES COULD, IN MY MIND, SEEM LIKE THEY'RE POLITICAL MEASURES, WHETHER IT'S A ZONING CHANGE OR, UM, SOME OF THESE OTHER, YOU KNOW, MAJOR THINGS GOING AROUND THE CITY. SO ABOUT WHAT PERCENTAGE OF YOUR WORK DO YOU, WOULD YOU SAY IS, IS POLITICAL AND WHAT OF IT, WHAT IS NOT POLITICAL? UM, THAT'S HARD TO SAY EXACTLY. IF I, YOU KNOW, WE DO A LOT OF WORK AROUND ELECTIONS WITH THOSE ONLY AT CITY HALL, AND THOSE ONLY COME ONCE EVERY TWO YEARS. SO FOR, YOU KNOW, THREE MONTHS, THREE OR FOUR MONTHS, EVERY TWO YEARS, IT'S EVEN THEN IT'S MAYBE ONLY 50% OF WHAT WE DO. AND SO IF YOU SAY, LET'S SAY 50% OF WHAT WE DO ON FOUR MONTHS OUT OF EVERY TWO YEARS, WHICH IS 25% OF THE TIME, SO HALF OF 50% OR, OR NO, HALF OF 25%. UM, THANK YOU. THANK YOU. UH, MS. WEBSTER, COULD YOU PROVIDE GUIDANCE OR ANSWER TO THAT QUESTION? YES. THANK YOU. UM, CAROLINE WEBSTER, UH, CITY OF AUSTIN LAW DEPARTMENT. JUST TO CLARIFY, TO ANSWER YOUR QUESTION, COMMISSIONER KALE, BASICALLY, UNLESS IT'S A BALLOT ISSUE, IT'S NOT GONNA BE CONSIDERED A POLITICAL CONTRIBUTION. IF THEY'RE SHOWING UP TO CITY HALL DISCUSSING AN ITEM THAT CITY COUNCIL IS DISCUSSING, THAT MIGHT BE ADVOCACY, BUT IT'S NOT A POLITICAL BECAUSE THERE'S NO BALLOT ISSUE. THEY'RE NOT SUPPORTING SOMETHING, A CANDIDATE OR SOMETHING, OR A MEASURE THAT'S ON A BALLOT. I MEAN, I'M NOT SAYING THEY DON'T DO THAT. I'M SAYING JUST TO CLARIFY WHAT THE DIFFERENCE IS. OKAY. WOULD THAT ALSO INCLUDE SOMETHING THAT CITY COUNCIL IS VOTING ON THAT'S A NON BALLOT ISSUE? NO, IF IT'S NOT ON A BALLOT, IT'S, THERE'S NO CAMPAIGN DUE VOTE. OKAY. THAT'S, THAT'S VERY GOOD TO KNOW. THANK YOU. UM, COMMISSIONER TURN, ARE YOU YIELDING OR, I THINK I'LL YIELD UNTIL EVERYONE'S GOT A CHANCE TO ASK QUESTIONS. GOTCHA. ALL RIGHT. RECOGNIZING COMMISSIONER KEEL, UH, MR. FADI, THE 5 0 1 C FOUR THAT CAN ENGAGE IN POLITICAL ACTIVITY, HAS IT APPOINTED A TREASURER? UH, NO. MA NO. EXCUSE ME. NO, SIR. UM, I DON'T BELIEVE A 5 0 1 C FOUR IS MEANT TO, UH, APPOINT A POLITICAL TREASURER. I, I DON'T, AND IT HASN'T, I'M NOT, IT HASN'T FILED EXPENDITURE OR REVENUE REPORT. I, THAT'S, SO OF ALL THE EVENTS THAT, UM, MR. HANS OUTLINES, AS BEST I COULD TELL, WE SPENT $69. I DON'T, AND THERE IS A REPORTING THRESHOLD, BUT BELOW WHICH YOU'RE NOT, OR WHICH YOU, YOU ARE NOT REQUIRED TO FILE A TREASURER, UH, UH, OR, OR RELEASE. AND ALSO, I'M NOT SURE THAT THOSE $69 SPENT ON FOOD FOR VOLUNTEERS WOULD COUNT . WELL, I THINK THE REAL ISSUE IS COORDINATING WITH THE CAMPAIGN TO GO DO NEIGHBORHOOD WALKS. RIGHT. YOU, YOU DO THAT. UM, WE ADVERTISE WHEN THAT AN EVENT IS HAPPENING. I'M NOT SURE THAT THE POLITICAL DEFINITION OF COORDINATION, BUT WE DO, WE DO ADVERTISE THAT. WELL, YOU SAID YOU, UH, YOU SAID WHAT YOU SAID EARLIER, WHICH IS Y'ALL CHECK WITH THE CAMP, YOU GET A LIT, YOU GET, YOU GET DATES AND COORDINATE WITH THE CAMPAIGN, AND YOU ORGANIZE YOUR VOLUNTEERS TO WORK WITH THE CAMPAIGN ON NEIGHBORHOOD WALKS. WE ADVERTISE EVENTS FOR THAT, THAT CAMPAIGNS ARE HOSTING. GOT IT. THANK YOU. COMMISSIONER TURN. UH, YES. UH, SO I DID HAVE, JUST HAVE A FOLLOW UP QUESTION, UH, SPECIFICALLY ABOUT, [01:15:01] UH, MEMBERS OF AURA, THE 5 0 1 C FOUR. UM, I BELIEVE WHAT I HEARD WAS THAT, UH, YOUR MEMBERS MAY PRODUCE MATERIALS AT HOME AND THEN THEY WILL RECOGNIZE THAT THO THAT THAT MATERIAL CONTRIBUTION IS MATERIAL AND THEN, UH, CLASSIFY THAT AS A PERSONAL CONTRIBUTION TO A POLITICAL CANDIDATE. MY QUESTION IS, UM, IS IT A PERSONAL CONTRIBUTION IF YOU AS A MEMBER OF A GROUP, CREATE A PIECE OF MATERIAL FOR THE GROUP THAT YOU ARE A MEMBER OF, AND THEN PROVIDE, THEN DISTRIBUTE THAT PIECE OF MATERIAL TO THE PUBLIC? IS THAT AN INDIVIDUAL ACTION? UH, COULD YOU, IS THERE A REASON NOT TO THINK OF THOSE MATERIALS AS BEING PRODUCED BY AURA AND INSTEAD AS AND PRODUCED BY AN INDIVIDUAL? OH, IT WAS LITERALLY PAID FOR AND, AND PRODUCED BY, BY AN INDIVIDUAL. MY UNDERSTANDING OF STATE LAW IS THAT THAT MEETS THE REPORTING REQUIREMENTS, SIR, I SUPPOSE, BUT, SO BY AN INDIVIDUAL WHO IS A MEMBER OF YOUR 5 0 1 C FOUR? YES. AND WERE THERE AURA LOGOS OR TRADEMARKS OF ANY KIND ON THE MATERIALS? YES, SIR. OKAY. THANK YOU. UH, THERE WERE, OR AURA AND, UH, I BELIEVE WE HAD THE UNIVERSITY DEMOCRATS AND AUSTIN COMMUNITY COLLEGE WHERE, UH, ACTUALLY IT DISPLAYED ALL THREE, UH, THOSE ORGANIZATIONS WERE DISPLAYED ON LIKE THE SAME BILLING. LIKE NO ONE ORGANIZATION WAS SPLIT OVER THE OTHER. UM, BUT ALL THREE OF THOSE ORGANIZATIONS. OKAY. THANK YOU. COMMISSIONER FIGUEROA? YES. UM, MY QUESTION IS FOR MR. UH, FOR MR. HAYNES. UM, SO YOU HEARD THE EXPLANATION OF THE DIFFERENCE BETWEEN THE C3 AND THE C FOUR. THE, UM, DOES, WERE YOU AWARE OF THAT DISTINCTION WHEN YOU MADE THE COMPLAINT? AND DOES THAT CHANGE YOUR POSITION AT ALL ABOUT WHO THE COMPLAINT SHOULD BE, UH, FILED AGAINST? THANK YOU COMMISSIONER. UM, UH, IWI WAS NOT AWARE OF THE, OF THE DIFFERENCE BETWEEN THE TWO EVENTS, AURA FOR AUSTIN OR AUSTIN AURA, PRETTY CONFUSING. BUT, UM, IF, IF THE DETERMINATION TONIGHT IS THAT SINCE I, I DID PULL THE SECRETARY OF STATE'S, UM, UH, THE INCORPORATION DOCUMENT OF THE 5 0 1 C3, I HAPPY TO REFILE AGAINST THE 5 0 1 C FOUR THAT, BUT, BUT LET ME, I I WAS GONNA SAY THIS FOR MY REBUTTAL, BUT LET ME START MY REBUTTAL HERE. IT DOESN'T MATTER IF THESE CONTRIBUTIONS ARE DONE FROM THE FIVE, OH, LET ME REPHRASE THAT. THE ISSUE OF WHETHER THESE CONTRIBUTIONS ARE DONE FOR THE 5 0 1 C3 OR THE 5 0 1 4 IS A MATTER FOR THE IRS. IT'S NOT A MATTER FOR THIS BODY THAT IS A MATTER FOR THE TAX EXEMPT STATUS. AND WHETHER OR NOT CON CONTRIBUTORS TO AUSTIN FOR AUSTIN AURA OR AURA FOR AUSTIN GET A TAX EXEMPTION. THAT'S, THAT'S THE IRS'S THE MATTER BEFORE THIS BODY IS, AND I QUOTE 2, 2 31, IS THIS AN ELECTION, UH, ELECTIONEERING ELECTIONEERING COMMUNICATION. AND THE DEFINITION OF A DIRECT CAMPAIGN EXPENDITURE IS AN EXPENDITURE FOR ELECT. AND, AND THIS IS FROM, UH, THE CITY CODE AN, AN EXPENDITURE FOR AN ELECTIONEERING COMMUNICATION FOR OR FOR EXPRESSED ADVOCACY, AS THOSE TERMS ARE DEFINED IN THIS ARTICLE. AND THEN IT, IT SAYS, IF IT'S INDEPENDENTLY MADE, UM, APART FROM THE CANDIDATE, GOES INTO SEVERAL, SEVERAL DIFFERENT THINGS. AUSTIN AURA, THE 5 0 1 2 4 MADE ELECTIONEERING COMMUNICATION THAT IS IN PART, UH, THAT, THAT COST OR IS PART OF A SERIES OF COMMUNICATIONS THAT AN AGGREGATE COSTS $500. MR. FAT'S CLAIM IS THAT THEY DIDN'T SPEND $500. THE KEY WORD HERE FOR THE ATTORNEYS ON THIS PANEL IS, OR IT'S $500 OR, AND THEN IT GOES THROUGH SEVERAL IDENTIFYING FACTORS, CLEARLY IDENTIFIES THE CANDIDATE, CONTAINS THE CANDIDATE'S NAME OR NICKNAME, MAKES AN UNAMBIGUOUS REFERENCE TO THE CANDIDATE OR THE CANDIDATE'S STATUS AS A CANDIDATE OR A CHALLENGER, DAH, DAH, DAH, DAH. AND MOST IMPORTANTLY, AND THEN THERE ARE SEVERAL ABOUT THE BALLOT MEASURES. I'VE, I'VE SKIPPED HAPPY TO READ 'EM IF YOU NEED ME TO. BUT THIS ISN'T A BALLOT MEASURE. MOST IMPORTANTLY IS DISSEMINATED BY PUBLICATION, BROADCAST, INTERNET MASS MAILING, A TELEPHONE BANK OR A BILLBOARD. ALL OF THE COMMUNICATIONS [01:20:01] THAT WENT OUT FROM AUSTIN AURA AURA FOR AUSTIN, IT DOES NOT MATTER WHICH ENTITY MADE IT. THEY ARE ELECTIONEERING COMMUNICATIONS, PERIOD, FULL STOP. AS ELECTIONEERING COMMUNICATIONS AURA BY CITY CODE AND STATE LAW HAS TO ESTABLISH A PAC, FILE A TREASURER, AND MAKE THOSE REPORTS, EVEN IF IT'S $67. YOU HAVE TO, UH, MAKE THOSE REPORTS AND IDENTIFY THOSE EXPENDITURES. THEY FAILED TO DO THAT. COMMISSIONER MCC TURN, UH, THIS IS A QUESTION FOR THE RESPONDENT. UM, I BELIEVE THAT YOU STARTED OUT YOUR, UH, YOUR, UH, PRESENTATION BY SAYING THAT IT WASN'T ENOUGH, THAT THIS IS A PROCEDURALLY DEFICIENT FILING BECAUSE THEY'VE IDENTIFIED THE WRONG PARTY. UM, CAN I, CAN I TAKE A A A QUICK SECOND TO, TO ASK IF I UNDERSTAND THIS CORRECTLY? YOU'RE THE PRESIDENT OF THE 5 0 1 C3, BUT YOU ARE A BOARD MEMBER OF THE 5 0 0 1 C FOUR. UH, YOU HAVE IT BACKWARDS, SIR. OKAY. OKAY. UH, AND THEN I HAVE A PROCEDURAL QUESTION, BUT I'M, I'M NOT SURE I CAN DO THAT RIGHT NOW. UH, IS THAT OKAY? I, I THINK SO, YES, SIR. OKAY. SO, UM, IT IS MY UNDERSTANDING THAT THIS, UH, COMPLAINT IS FILED, UNFORTUNATELY, AGAINST A PERSON, NOT AGAINST AN ORGANIZATION. SO IS IT MY UNDERSTANDING THAT WHETHER THE EVIDENCE PROVIDED IS FOR THE WRONG ORGANIZATION, THAT'S NOT REALLY A PROCEDURAL ISSUE AND THAT WE HAVE THE WRONG RESPONDENT? CORRECT. BECAUSE WE HAVE A, A NATURAL PERSON WHO IS THE RESPONDENT. UM, SORRY, SORRY, ONE, LET ME, I'M JUST SCROLLING THROUGH TO LOOK UP, UM, WHAT THE CITY CODE TALKS ABOUT. I THANK YOU MEAN, IT'S NOT THAT EXPLICIT, BUT HOLD ON ONE SEC. LEMME JUST GET THAT. YES. AND, AND, AND I I SHOULD MAKE THAT, UM, A SHORTER, UH, PROCEDURAL QUESTION. UM, DOES THE, UH, CONTRAINDICATION IN THE EVIDENCE, UH, MENTIONED IN A FILING CHANGE WHO THE FILING IS OR WHO IS THE RESPONDENT OF THAT FILING? SO THIS CAROLINE WEBSTER WITH A LAW DEPARTMENT, I MEAN, I WOULD SAY IT'S POSSIBLE. I MEAN, YOU COULDN'T JUST NAME ANYONE OFF THE STREET, FOR EXAMPLE, YOU KNOW, WOULD HAVE TO HAVE SOMEONE WITH SOME SORT OF NEXUS WITH THE ORGANIZATION. UM, I MEAN, WHEN IT TALKS ABOUT THE TERM RESPONDENT AS ITS DIVINE DECI, SORRY, DEFINED IN SECTION 2 7 41, IT JUST SAYS IT'S, IT MEANS A PERSON WHO'S ALLEGED IN A SWORN COMPLAINT TO HAVE VIOLATED A PROVISION WITHIN THE JURISDICTION OF THE ETHICS REVIEW COMMISSION. AND SO IT DOES CONTEMPLATE THAT PERSON IS DEFINED DIFFERENT WAYS THROUGHOUT THE CODE. AND IT'S NOT EXPLICITLY DEFINED IN CHAPTER TWO SEVEN, UH, AS OPPOSED TO IN CHAPTER TWO, TWO, WHERE IT, IT IS DEFINED. AND SO I READ PERSON AS BEING AN INDIVIDUAL. YES, ESSENTIALLY. UM, AND, AND, AND I, I ACCEPT THE IDEA THAT IT CAN'T BE A RANDOM PERSON, BUT A PERSON WHO IS, HAS A NEXUS OF RELATION TO THE COMPLAINT ABOUT ACTIVITY. CORRECT? YES. THANK YOU. MS. WEBSTER, I HAVE A QUESTION FOR YOU. CAN YOU CONFIRM THAT THE CODE REFERENCED AND THE CODE THAT CODES THAT ARE IN JURIS OUR JURISDICTION, CAN YOU CONFIRM THAT THE CODE DOES NOT MAKE A DISTINCTION BETWEEN FIVE UH, IRS STATUS? YEAH, THAT'S CORRECT. THE SITTING CODE DOESN'T, DOESN'T, YES. IT DOESN'T HAVE ANY PROVISIONS THAT THAT WOULD MAKE ANY, WOULD DISTINGUISH IT, IT RELATES MORE TO, UH, THRESHOLDS. YOU KNOW, THAT SOMETHING THAT IS A POLITICAL ACTION COMMITTEE HAS TO MAKE CERTAIN FILINGS. AND SO THE QUESTION IS, WHEN IS SOMEONE ACTING AS A POLITICAL, WHEN IS AN, A GROUP OF PERSONS ACTING AS A POLITICAL ACTION COMMITTEE? THANK YOU. ANY OTHER QUESTIONS? UM, COMMISSIONER SHARKEY, I WANNA MAKE SURE, YEAH. I HAVEN'T IGNORED BEEN IGNORING YOU OR FORGOTTEN YOU. NO, NO QUESTIONS, CHAIR. THANK YOU. ALL RIGHT. ALL RIGHT. I AM SEEING THAT OUR DISCUSSION ON AGENDA ITEM NUMBER EIGHT HAS CONCLUDED. THIS IS THE COMPLAINT FILED BY ADAM HAYNES AGAINST ZACHARY JOHNS SCOTT FADI AT THIS TIME, UM, I'M ASKING IS THERE A MOTION, [01:25:01] UH, COMMISSIONER MATER? I WOULD LIKE TO MOTION THAT THERE'S ENOUGH EVIDENCE TO BEL TO, FOR A REASONABLE PERSON TO BELIEVE THAT A VIOLATION OF CITY CODE MAY HAVE OCCURRED AND FOR US TO PROCEED TO A FINAL HEARING. IS THERE A SECOND TO THE MOTION BY COMMISSIONER MAT TURN? I'LL SECOND. UH, THAT MOTION MADE BY COMMISSIONER MAT TURN HAS BEEN SECONDED BY COMMISSIONER KEEL, WILL NOW OPEN FOR DISCUSSION ON THE MOTION. SO THIS IS DISCUSSION ON THE MOTION THAT WE FIND REASONABLE GROUNDS, UH, THAT A VIOLATION HAS OCCURRED, AND THEREFORE MOVING FORWARD TO A FINAL HEARING COMMISSIONER RETURN. UH, YEAH, I, I JUST, UH, THINK THAT I, I WANT TO START BY SAYING I THINK THAT ALL OF THE ACTIVITIES DESCRIBED HERE FALL WELL WITHIN, UH, JUST LIVELY POLITICAL DISCOURSE AND, UH, EFFECTIVE COMMUNITY ENGAGEMENT. UH, BUT I DO THINK THAT THERE, THIS DISTINCTION BETWEEN $67 OR SOMEBODY'S MAKING, DOING AN INDIVIDUAL ACTION WHILE BEING PART OF A GROUP, UM, REALLY GETS TO THE CORE OF WHY WE HAVE POLITICAL ACTION COMMITTEES AND WHY WE TRACK THEM. UM, THIS, TO ME, SOUNDS LIKE A GROUP OF PEOPLE CAME TOGETHER WITH A COMMON PURPOSE, RAISED MONEY, AND GAVE THINGS A VALUE, INCLUDING MONEY, THEIR OWN TIME THAT WAS, UH, ORGANIZED. AND IT COSTS MONEY TO PRODUCE, TO PAY SOMEONE TO PRODUCE MARKETING MATERIALS. UH, IF YOU DON'T CHARGE SOMEONE MONEY AND YOU JUST GIVE THAT AWAY, THAT IS A TRADITIONAL IN KIND DONATION. WE DON'T KNOW IF THOSE THINGS ARE HAVE RAISED TO THE $500. AND I THINK THAT THERE'S A GOOD ARGUMENT THAT THEY DON'T HAVE TO RAISE TO $500. SO I WOULD JUST SAY THAT FOR TRANSPARENCY, THE CITY AND THE CITY'S RESIDENCE DESERVE TO HEAR THE FACTS AT A FINAL HEARING AS TO WHAT WAS GIVEN OVER, HOW WAS IT VALUABLE AND WHY IT WASN'T REPORTED IN A WAY THAT TRACKS PRETTY CLOSELY TO THE IDEA OF A GROUP OF INDIVIDUALS DOING A POLITICAL ACTIVITY. THANK YOU. ANYONE ELSE? UH, COMMISSIONER KEEL. THE REAL VALUE HERE IS HAVING A GROUP OF VOLUNTEERS THAT GO WALK A NEIGHBORHOOD. IF YOU HAD TO HIRE PEOPLE TO GO DO THAT, IT WOULD COST A WHOLE HECK OF A LOT OF MONEY. SO THAT'S THE VALUE TO THE CAMPAIGN. THAT'S WHY THAT SORT OF THING NEEDS TO BE REPORTED BECAUSE IT'S ORCHESTRATED BY A GROUP. AND, AND I DON'T MEAN ANY DISRESPECT, AND IT JUST, IT HAS TO BE REPORTED AND IT, AND IT WASN'T ANY OTHER DISCUSSION. I'M NOT SEEING ANY. SO WE WILL PROCEED TO A VOTE. SO AGAIN, WE, UH, COMMISSIONS COMMISSIONERS, WE ARE VOTING ON THE MOTION MADE BY COMMISSION RETURN, WHICH IS TO FIND THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION HAS OCCURRED. AND THIS COMPLAINT FILED BY ADAM HAYNES AGAINST ZACHARY JOHN SCOTT, AND THEREFORE WE WOULD PROCEED TO A FINAL HEARING. IT HAS BEEN SECONDED. I WILL DO THE SAME ROLL CALL. VOTE FOR THIS MOTION. UM, COMMISSIONER KEEL. AYE. COMMISSIONER PRETI AYE. COMMISSIONER KALE? AYE. COMMISSIONER PUMPHREY AYE. COMMISSIONER MCC TURN. AYE. COMMISSIONER FIGUEROA? AYE. COMMISSIONER SHARKEY? AYE. AND MYSELF, UH, THE VOTE W IS AN AYE AS WELL. SO WE HAVE A UNANIMOUS, UH, VOTE. THE MOTION CARRIES. SO THE, UH, IT IS, UM, A VOTE OF EIGHT ZERO ABSTENTIONS, ZERO NAYS, AND THREE ABSENT. ALRIGHT. SO AGAIN, TO REITERATE, THAT MOTION CARRIES THE COMPLAINT FILED BY JACK HAYNES AGAINST ZACHARY, JOHN SCOTT, SCOTT FADI, UM, WILL PROCEED TO A FINAL HEARING TO BE SCHEDULED. THANK YOU. THANK YOU. ALL RIGHT. SO WE ARE GOOD UNTIL 8 54. SO WE HAVE TIME TO CON, CONTINUE AND PROCEED WITH THE REMAINING AGENDA ITEMS. UM, ACTUALLY GOING [4. Approve the minutes of the Ethics Review Commission Special meeting on December 11, 2024.] BACK TO AGENDA ITEMS FOUR, FIVE, AND SIX, WHICH ARE MINUTES, RESPECTIVELY, UM, [01:30:02] I MOVE APPROVAL. UM, SO I, I WOULD JUST LIKE TO SAY, CAN WE DO THEM, UM, ONE BY ONE BECAUSE I'M GOING TO, UM, UH, NOT RECUSE, BUT ABSTAIN FROM ONE OF THEM. DOES THAT NEED TO BE A MOTION? WE'VE DONE IT AS A MOTION IN IN THE PAST. THERE'S THREE SEPARATE AGENDA ITEMS. OKAY. SO THEY ALL ONE BY ONE. THANK YOU. THANK YOU. ALRIGHT, SO WE ARE GOING TO, UM, ADDRESS THEM SEPARATELY. OKAY. SO THE FIRST ONE, NUMBER FOUR, WHICH IS, UH, MINUTES FROM THE SPECIAL APPROVE, THE MINUTES OF THE ETHICS REVIEW COMMISSION SPECIAL MEETING ON DECEMBER 11TH, 2024. WAS THAT A, THAT WAS A REGULAR MEETING. YEAH, THAT WAS A REGULAR MEETING. OH, THAT, MM-HMM . OH, IT WAS A REGULAR MEETING. OKAY. SO I MOVE APPROVAL. I SECOND I HAVE ONE QUESTION FOR THAT. UM, OH, SORRY, JUST A SECOND. LET ME, LET ME RESTATE HERE. SO A MOTION HAS BEEN MADE BY COMMISSIONER KEEL TO APPROVE, UH, THE MINUTES, UM, PER AGENDA ITEM NUMBER FOUR. THAT'S FROM THE REGULAR MEETING ON DECEMBER 11TH, 2024. AND THAT MOTION HAS BEEN SECONDED BY COMMISSIONER PUMPHREY. UH, WE'LL NOW OPEN FOR DISCUSSION OF THE MOTION. UM, I JUST HAVE ONE COMMENT ON THE MEETING MINUTES FOR DECEMBER 11TH. UM, UNDER NU NUMBER FOUR, PRELIMINARY HEARINGS, PARTIES ATTENDING. I'M PRETTY SURE MARK UCHIN WAS THERE. SO I THINK HE'S LEFT OUT OF THE PARTY'S ATTENDING LIST UNDER NUMBER FOUR. THAT WAS SOMETHING I RECUSED FROM. SO I LEFT THE ROOM, BUT I REMEMBER HIM BEING AT THAT MEETING. COULD YOU CLARIFY THAT? COMMISSIONER KALE? CAN YOU DIRECT US? YEAH. UM, SO IF YOU GO TO THE MEETING MINUTES FOR DECEMBER 11TH, 2024. YES. THEN GO TO PAGE TWO. YES. AND THEN WHERE IT SAYS PRELIMINARY HEARINGS. YES. AND UNDER THAT IT'S NUMBER FOUR. YES. AND SO GO DOWN TO THE, UH, GOTCHA ITEM WHERE IT SAYS PARTIES ATTENDING. OKAY. YES, I BELIEVE, UM, MARK UCHIN WAS THERE IN ATTENDANCE. COMMISSIONER KALE, IF I CAN ADD TO THAT. HE WAS IN ATTENDANCE AT THE START OF THE MEETING TO SPEAK IN GENERAL COMMUNICATION, BUT WAS NOT PRESENT FOR THE PRELIMINARY HEARING. OKAY. THAT MAKES SENSE. THANK YOU. THANK YOU FOR BRINGING THAT UP. I ACTUALLY HAVE SOME AMENDMENTS, UH, I'M SORRY. UH, YES. SOME CHANGES, UH, THAT I'M SUGGESTING TO THE MINUTES. AND, UM, YOU'LL ALLOW ME SOME TIME TO BE COHESIVE AND AND BRING THAT TO FOR, FOR YOUR, FOR YOUR CONSIDERATION. ALL RIGHT. UM, ONE SUGGESTION THAT I HAVE, THIS IS JUST A SUGGESTION, BUT ON PAGE ONE, PUBLIC COMMUNICATION GENERAL, MY SUGGESTION IS TO, UH, UH, ADD THE WORD PUBLIC BETWEEN GENERAL AND COMMUNICATION SO THAT IT READS THREE PEOPLE SIGNED UP TO SPEAK DURING GENERAL PUBLIC COMMUNICATION. UM, CAN YOU SAY THAT AGAIN? SECRETARY SCAN. SORRY, REPEAT THIS. SORRY. CAROLINE CAN CORRECT ME, UM, IF I'M WRONG HERE. I BELIEVE THAT THERE WAS AN ORDINANCE OR A RESOLUTION PASSED TO CHANGE THAT FROM PUBLIC COMMUNICATION TO GENERAL. OH, COMMUNICATION. I COULD BE WRONG. YEAH, NO, THAT'S, THAT'S ACTUALLY NOT CORRECT, BUT IT USED TO BE CITIZEN COMMUNICATION. OH, AND THIS IS GENERAL COMM, BUT GENERAL COMMUNICATION IS WHEN THEY'RE TALKING ABOUT, SO GENERAL, IN THIS CASE, IT'S TALKING ABOUT WHEN THEY SIGNED UP TO SPEAK ON ITEMS, ON SPECIFIC ITEMS. OH, I'M SORRY. NOW I UNDERSTAND WHAT YOU'RE SAYING. I APOLOGIZE. UM, I'D ACTUALLY DON'T KNOW IF THERE WAS SOMETHING THAT CHANGED THAT, BUT SINCE IT'S UNDER THE HEADING OF PUBLIC COMMUNICATION GENERAL, I DON'T, I MEAN, THE PURPOSE OF THE MINUTES IS TO CAPTURE THE ACTIONS PRIMARILY, UH, THAT I, I'LL STRIKE THAT. 'CAUSE THERE, THERE ARE MORE THAT I BELIEVE ARE MORE IMPORTANT. SO, UM, DON'T CONSIDER THAT. SCRATCH THAT. UM, ON PAGE TWO FOR NUMBER THREE, THE BOLD PARAGRAPH THAT BEGINS, THE COMMISSION WENT INTO EXECUTIVE SESSION AT 6:53 PM TO ADDRESS ALL ITEMS ON THE AGENDA. THIS ONE, I DO THINK THAT IT IS IMPORTANT TO ITEMIZE AND [01:35:01] LIST EXPLICITLY WHAT THOSE ITEMS ARE, AND IT'S ACTUALLY NOT. ALL RIGHT. IT IS ITEMS FOUR, FIVE, AND SIX. AND Y'ALL, Y'ALL CHECK MY UNDERSTANDING HERE, OR CAN YOU REPEAT THE AMENDMENT? SECRETARY SANTA? YES, MA'AM. I AM SUGGESTING, BUT LET'S MAKE SURE THAT I IT IS CORRECT. I'M SUGGESTING THAT ON PAGE TWO, UH, FOR NUMBER THREE, THE COMMISSION WENT INTO EXECUTIVE SESSION TO ADDRESS ALL ITEMS ON THE AGENDA. I'M SUGGESTING THAT WE BE EXPLICIT ABOUT WHAT THOSE ITEMS ARE. AND SO, UM, SUGGESTING THAT IT READ TO ADDRESS ITEMS FOUR, FIVE, AND SIX ON THE AGENDA. SO IF I MAY ADD CLARIFICATION, UM, YES MA'AM, WE CAN CERTAINLY DO THAT. THE REASON I LIST IT THAT WAY IS BECAUSE ALTHOUGH YOU MAY ONLY DISCUSS THOSE ITEMS, EXECUTIVE SESSION IS TO GO OVER ALL ITEMS IF YOU WISH TO DO SO. POINT, POINT OF ORDER. UM, WE LIST THE, THE EXECUTIVE SESSIONS ITEMS THAT WE'RE GONNA TALK ABOUT. SO IS IS THAT TRUE THAT WE COULD THEN TALK ABOUT SOMETHING THAT IS NOT THOSE YEAH, NO PRECEDING THINGS, UH, APOLOGIES. UM, NO, THE, YOU CAN TECHNICALLY GO INTO YOUR AUTHORIZED TO GO INTO EXECUTIVE SESSION ON ALL ITEMS, ITEMS ON THE AGENDA. BUT WHEN YOU GO INTO A, UH, EXECUTIVE SESSION, YOU DO HAVE TO ANNOUNCE WHAT YOU'RE GOING INTO EXECUTIVE SESSION ON. AND IN THIS CASE IT WAS ONLY FOUR, FIVE, AND SIX. THAT'S MY, SO, SO THAT'S, THAT'S ONE SUGGESTION. UM, THE SECOND ONE IN THE SAME PARAGRAPH, THE SENTENCE THAT STARTS, UH, WAJIHA, RIZVI AND VICTORIA HASLET, UM, COMMISSION EXECUTIVE LIAISONS ADVISE THE COMMISSION ON THE REMAINING ITEMS, AGAIN, JUST TO BE EXPLICIT AND INTENTIONAL. SO ADVISE THE COMMISSION ON ITEMS FOUR AND FIVE ON THE AGENDA. SO THAT'S NUMBER CHANGE, NUMBER TWO. UM, NUMBER THREE, IT IS THE SAME LOGIC. SO SAME PAGE UNDER NUMBER FOUR, PRELIMINARY HEARINGS FOLLOWING ITEM SIX ON THE AGENDA, THE COMMISSION ADDRESSED ITEM FOUR AND CONTINUED WITH ITEM FIVE. YES. THAT'S THE THIRD CHANGE. UM, NUMBER FOUR, THE FOURTH CHANGE ON THE SAME PAGE, PAGE TWO PARAGRAPH THAT BEGINS. COMMISSIONER ESPINOZA'S MOTION TO SET THE FINAL HEARING, SO FORTH. UH, WE SH I'M SUGGESTING THAT WE CHANGE THAT TO REFLECT THE THREE, I DON'T KNOW WHAT TO CALL IT, THE THREE, UM, CATEGORIES OR THE THREE DIGITS, RIGHT? SO IT'S 10, 0, 0, SO 10, YAY, ZERO NAY, ZERO ABSTENTION, OR IS IT HOWEVER FLIPPED, BUT IT SHOULD BE, UH, 10 0 0. THAT'S THE FOURTH CHANGE. WELL, SO I DO WANNA SAY, SHOULD IT YES, NOT BE 10 0 1 BECAUSE I WAS NOT PRESENT FOR THAT MEETING. I DON'T KNOW IF I, IF THAT THERE WERE 11 COMMISSIONERS AT THE TIME. PRESENT. OKAY, WELL, YES, BUT I THINK THAT IF, IF WE'RE SAYING THAT IT SHOULD BE BROKEN DOWN BY 10 TACK T UHHUH , IT'S, IF IT'S UNANIMOUS, THEN THAT MAKES SENSE BECAUSE IT'S ALL PEOPLE PRESENT. BUT IF WE'RE GONNA BREAK IT OUT, THEN IT SHOULD PROBABLY READ 10 0 1 BECAUSE I WAS NOT PRESENT. BUT IT AREN'T WE JUST RECORDING JUST THE VOTE OF THE THOSE PRESENT. SO I WOULD, I WOULD SUGGEST YOU DO IT ONE WAY OR THE OTHER. IT'S 10 TO ZERO VOTE OF ALL MEMBERS PRESENT AND THEN IT LISTS WHO WAS PRESENT AND WHO WAS ABSENT. SO I THINK YOU COULD LEAVE IT THAT WAY OR YOU COULD PUT 10 0 1 WITH SO AND SO VOTING IN FAVOR AND COMMISSIONER RETURN ABSENT. SO I, YOU KNOW WHAT I MEAN? YOU DON'T NEED TO HAVE IT, I DON'T THINK YOU NEED 10 0 1. IF YOU HAVE ALL MEMBERS PRESENT. IF YOU WANNA GET RID OF ALL MEMBERS PRESENT, THEN YOU COULD PUT 10 0 1 ISN'T ISN'T THE THIRD NUMBER ISN'T THAT ABS ABSTENTIONS AND NOT PEOPLE NOT PRESENT? CORRECT. THAT'S WHAT, THAT'S MY UNDERSTANDING. SO IT'S BEEN NO, NO, I THINK YES, I, I'LL TYPICALLY, MY UNDERSTANDING IS THE FIRST NUMBER IS I, THE SECOND NUMBER IS NAYS. THE THIRD NUMBER IS ABSTENTIONS. AND IF YOU WANT TO PARENTHETICALLY, YOU CAN NOTE IF THERE WERE ABSENT [01:40:01] MEMBERS. OKAY. BUT THAT'S OPTIONAL. SO YES. SORRY. AND THE REASON I'M ASKING THIS IS BECAUSE WE HAVE BEEN SAYING, WE HAVE BEEN SAYING 8 0 3 WITH THREE PEOPLE ABSENT FOR ALL THE OTHER THINGS THAT WE'VE BEEN SAYING, UM, TODAY. SO I'M JUST WORRIED WE'RE ABOUT TO INTRODUCE SOMETHING DIFFERENT. YES. AND I THINK THAT THERE'S BEEN SOME CONFUSION. I WOULD NOT VOTE FOR THAT. AND SO WE WOULD, WE WOULD MAKE SURE, AND I WOULD MAKE SURE THAT THE MINUTES FROM TODAY OKAY, FOLLOW THE SAME, UM, UM, UM, FORMAT, WHICH IS THE STANDARD FORMAT, WHICH IS YAYS, NAYS, AND ABSTENTIONS. OKAY, THANK YOU. AND THEN, AND THAT WAS THE, THE CORE OF MY QUESTION. WE HAVE SAID 8 0 3 TODAY. SO I WAS LIKE, I THINK THAT THERE'S A, A DISCONNECT HERE. YES. I THINK WHAT YOU SAID EARLIER, I DON'T WANT TO TAKE THIS ON TOO LONG, WAS YOU SAID THE VOTE WAS SUCH AND SUCH SUCH WITH THREE MEMBERS ABSENT, YOU WEREN'T COUNTING THAT AS AN DETENTION, CORRECT? THAT THAT IS CORRECT. THAT'S HOW I WAS IT WASN'T BEING COUNTED AS AN DETENTION, RIGHT? CORRECT. THAT IS CORRECT. SO, SO JUST TO REITERATE, MY FOURTH UM, CHANGE HERE IS THAT I AM STILL REQUESTING THAT WE CHANGE THAT, UH, VOTE TALLY TO 10 0 0, THEN THE FIFTH CHANGE ON PAGE THREE, THE TOP OF THE PAGE. UM, LET'S SEE THERE. OKAY. UM, YES. OKAY. SO THE COMMISSION HEARD AN OPENING STATEMENT FROM COUNCIL FOR COMPLAINANT COMMISSIONER KALE'S MOTION TO FIND THAT. AND I AM SUGGESTING THAT WE INSERT THE STANDARD LANGUAGE 'CAUSE IT'S VERY SPECIFIC MOTION TO FIND THAT THERE ARE REASONABLE GROUNDS THAT A VIOLATION OCCURRED AND PROCEED TO A FINAL HEARING. THAT REASONABLE GROUNDS IS VERY IMPORTANT IN MY OPINION. WE DIDN'T FIND, THIS IS A PRELIMINARY, PRELIMINARY HEARING, SO WE DID NOT FIND THAT A VIOLATION OCCURRED. WE FOUND THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION OCCURRED. SO THAT IS THE FIFTH CHANGE. AND I BELIEVE THE FINAL CHANGE I'M PROPOSING COMMISSIONERS IS ON THE SAME PAGE THREE UNDER NUMBER SIX. AND LET ME READ MY NOTES HERE. IT'S BEEN A WHILE. UM, AH, YES. UM, COMMISSIONER FI, UH, FIGUEROA'S MOTION TO MOVE FORWARD, BLAH, BLAH, BLAH, BLAH, BLAH, SECONDED BY COMMISSIONER CAST FAILED ON A 1 4 1 VOTE OF ALL MEMBERS WHO HAD BEEN PRESENT AT THE NOVEMBER 13TH, 2024 MEETING. THIS WAS THAT WHOLE, YOU REMEMBER THAT? SO CHA YES SIR. THAT WAS, SO THOSE WERE ALL OF THE, UH, THE CHANGES YOU WERE CONTEMPLATING? YES, SIR. THOSE ARE THE, THE SIX, UM, CHANGES I AM SUGGESTING, UH, I'D LIKE, SO YOU, I SAY YOU'RE MOVING TO AMEND, IN OTHER WORDS. YES, YES, YES, YES. SORRY. YES. I MOVE THAT WE AMEND THE MOTION SECONDED TO INCLUDE, TO APPROVE THE, THESE MINUTES, UM, WITH THE FOLLOWING SIX AMENDMENTS PRECEDING SIX AMENDMENTS, BUT YES, . ALRIGHT, THANK YOU. SO IT'S BEEN, OH, YOU KNOW WHAT? YES. UM, SECONDED BY COMMISSIONER RETURN. ALRIGHT, ANY FURTHER DISCUSSION? ? ALRIGHT, LET'S GO TO A VOTE. AND I'M, I'M GONNA DO JUST A SHOW OF HANDS HERE. ALL THOSE IN FAVOR OF APPROVING THE MINUTES FROM THE REGULAR MEETING OF DECEMBER 11TH. RAISE YOUR HAND. ALL RIGHT, I SEE UNANIMOUS. MOVING ON TO [5. Approve the minutes of the Ethics Review Commission Regular meeting on January 22, 2025.] AGENDA ITEM NUMBER FIVE, APPROVING THE MINUTES FROM JANUARY 22ND, MOVE APPROVAL. ALRIGHT, , COMMISSIONER, COMMISSIONER KEEL HAS MOVED THAT WE APPROVE THE MINUTES FROM JANUARY 22ND. IS THERE A SECOND? SECOND? SORRY, SECOND. I HEARD MOVE IT ALONG. ALRIGHT, SECOND IT BY, UH, COMMISSIONER FIGUEROA, IS THERE ANY DISCUSSION? I WILL SAY COMMISSIONERS THAT I HAVE NOT HAD A CHANCE TO LOOK AT IT, BUT I DON'T WANNA TAKE TIME, UM, TO REVIEW IT. SO IF SOMEBODY ELSE HAS, UH, SUGGESTIONS FOR CHANGES, I'LL, UH, LET'S TALK ABOUT THAT. BUT I WON'T BE TAKING UP YOUR TIME, UM, FOR THAT. I DON'T HAVE SUGGESTIONS FOR CHANGES, BUT I HAVE REVIEWED THIS AND SINCE MOST OF THE BACK AND FORTH WAS THINGS THAT I WAS DOING, I BELIEVE THAT IS ACCURATELY CHARACTERIZED. NICE. ALRIGHT. [01:45:01] DON'T SEE ANY DISCUSSION. UM, WE'RE READY FOR A VOTE. WE'LL DO THE SAME THING. SHOW OF HANDS. ALL THOSE IN FAVOR OF APPROVING THE MINUTES FROM JANUARY 22ND, 2025. ALL RIGHT, THAT IS UNANIMOUS. LET'S MOVE ON. [6. Approve the minutes of the Ethics Review Commission Special meeting on February 6, 2025.] LET'S FINISH IT UP WITH AGENDA ITEM NUMBER SIX MINUTES OF FEBRUARY 6TH, 2025. MOVE APPROVAL. ALRIGHT. ALRIGHT. ALL RIGHT. OKAY. WE'VE GOT, UM, A MOTION TO APPROVE BY COMMISSIONER KEEL. SECONDED BY COMMISSIONER PRETI. AND AGAIN, I WILL SAY THE SAME DISCLAIMER, WE'LL OPEN UP FOR DISCUSSION. NOW, I HAVE NOT LOOKED AT THESE, BUT I DO NOT WANNA TAKE THE TIME TO, UM, TO REVIEW THESE AT, AT THE MOMENT. SO IS THERE A MOTION, OH, I'M SORRY. WE DID MOTION. UH, WE'LL DO A SHOW OF HANDS. VOTE THOSE IN FAVOR OF APPROVING THE FEBRUARY 6TH, 20, 25 MINUTES. I'M SEEING UNANIMOUS. ALL RIGHT, VERY GOOD COMMISSIONERS. ALL RIGHT. AND NOW LET'S TALK ABOUT [FUTURE AGENDA ITEMS] FUTURE AGENDA ITEMS. UM, MS. WEBSTER, WHAT DO WE HAVE TO DISCUSS NEXT TIME? SO, UH, THANK YOU CHAIR. I DID, I DID WANNA, I HAD MENTIONED TO THE CHAIR AT THE BEGINNING OF THE MEETING THAT, UH, JUST AS A REMINDER THAT OFFICER ELECTIONS, UH, NEED TO BE HELD AT YOUR NEXT MEETING. AND SO OBVIOUSLY, YOU KNOW, I WOULD RECOMMEND THAT THAT COULD BE ON YOUR NEXT MEETING AGENDA. AND IT'S, UH, PART OF THE REASON TO BRING IT UP NOW IS JUST TO, SO THAT YOU ALL CAN THINK ABOUT IF YOU ARE WANTING TO PARTICIPATE IN THAT. THAT WOULD BE CHAIR, VICE CHAIR AND SECRETARY WILL BE THE OFFICERS VOTED ON, UH, FOR THAT MEETING. THE APRIL 23RD MEETING. SORRY. UH, CAN I ASK, WHAT'S THE PROCESS FOR THAT? DO YOU, DO WE JUST PUT OUR NAMES FORWARD IN THE MEETING AND, AND HAVE AN INSTANT, UM, TYPE OF VOTE? OR WHAT, WHAT IS GENERAL PROCESS? YEAH, GENERALLY SPEAKING, IT'S NOT REALLY LAID OUT VERY EXPLICITLY, BUT, BUT GENERALLY, UM, YOU CAN DO IT A COUPLE DIFFERENT WAYS. YOU COULD, UM, SOMEONE COULD SAY, I NOMINATE SO AND SO, AND THAT PERSON COULD SAY, YOU KNOW, THAT'S GREAT AND HERE'S MY QUALIFICATIONS, OR NO, I'M NOT INTERESTED. OR I WOULD SAY MORE COMMONLY, PEOPLE PUT THEIR OWN NAMES FORWARD AND UM, AND THEN YOU'RE FREE TO, TO DISCUSS OR WHAT HAVE YOU AND, AND VOTE ON WHO YOU'RE ACTUALLY SELECTING. AND IT COULD BE MULTIPLE PEOPLE ARE UP, YOU KNOW, SEVERAL PEOPLE WANNA BE CHAIRS AND THEN YOU WOULD HAVE OR WHAT HAVE YOU, AND THEN YOU WOULD JUST VOTE ON WHO YOU WANT THAT TODAY. THANK YOU. ANY OTHER? UH, YES. COMMISSIONER HUMPHREY, UH, THIS IS SOMETHING YOU AND I DISCUSSED EARLIER AND I CAN'T REMEMBER EXACTLY HOW YOU RESPONDED. SO CORRECT ME IF I'M WRONG, SHOULD WE BEGIN A DISCUSSION OF WHETHER, WHEN IT IS CLEAR FROM FILINGS THAT THERE HAS BEEN, OR I SHOULD SAY IT APPEARS TO BE CLEAR FROM FILINGS THAT THERE APPEAR THAT THERE APPEARS TO HAVE BEEN A VIOLATION, THAT WE COULD BRING A COMPLAINT. AND I'M DOING THAT IN RESPONSE TO WHAT WE DID OVER THE WINTER WHERE WE HAD COMPLAINTS MADE. EVERYONE AGREED THAT OTHER PEOPLE HAVE MADE THE SAME MISTAKE, BUT THERE NO COMPLAINTS. SO SOME PEOPLE GOT ACCUSED OF VIOLATIONS AND OTHER PEOPLE DIDN'T. AND THAT'S BECAUSE WE HAVE NOT PRIOR TO NOW TAKEN THE, UH, UH, GONE, GONE FORWARD WITH OUR OWN FILING OF COMPLAINTS TO REVIEW. SO LET ME UM, SUMMARIZE THAT, ESPECIALLY FOR BENEFIT OF OUR NEW COMMISSIONERS. UM, COMMISSIONER EY IS ASKING TO BE PUT, PERHAPS PUT ON, UH, AS A FUTURE AGENDA ITEM. UH, WHAT IS IN OUR BYLAWS THAT THE COMMISSION CAN DO IS THE COMMISSION ITSELF CAN BRING FORTH A COMPLAINT. AND WE HAVE IN MY TIME HERE AND PROBABLY ALSO COMMISSIONER, WE HAVE NOT EXPERIENCED THAT, BUT IT'S CERTAINLY OFFICIALLY A PART OF OUR DUE THAT WE COULD, UM, THAT'S WHAT I'M HEARING. I I THINK THAT IS A GOOD, I THINK IT MERITS MORE DISCUSSION. SO IT'S A INITIATIVE DISCUSSION. VALID POINT TO, TO BRING UP. DO, WOULD YOU LIKE THAT LISTED AS A FUTURE AGENDA ITEM? MM-HMM. OKAY. COMMISSION. I'M SORRY, CAN YOU CLARIFY, DO YOU WANT TO NAME SPECIFIC, UH, VIOLATIONS OR DO YOU WANT TO DISCUSS GENERALLY THE PROCESS? I JUST, YEAH, I WANT TO OPEN A DISCUSSION ON WHETHER WE WANT TO PROCEED. WE WANT THE FUTURE TO FILE COMPLAINTS. I DON'T WANT TO NAME ANYBODY JUST A DISCUSSION OF WHETHER THIS IS SOMETHING YOU WANNA START DOING. DOES THAT MAKE SENSE? YES. I WOULD LIKE TO, TO PROFFER THE IDEA THAT, UM, IN THE INTEREST OF GIVING THE PUBLIC, UH, THE ABILITY TO SPEAK ON THINGS THAT WE NOT PUT BYLAWS, DISCUSSIONS IN MEETINGS, THAT WE'RE ALSO GOING TO DO A PRELIMINARY HEARING THAT IS SENSITIVE BECAUSE WE TEND TO, TO GO [01:50:01] LONG ON THOSE. UM, AND SO I WOULD JUST SUGGEST THAT PERHAPS WE CAN SAY THAT IS A FUTURE ITEM, BUT WE'RE NOT NECESSARILY ASKING FOR IT TO BE NEXT MEETING WHERE WE HAVE A LARGE HEARING. THANK YOU COMMISSIONER UR FOR THAT. THAT IS, SO JUST TO REITERATE, THAT IS THE UNDERSTANDING THAT THERE IS NO SET, UNLESS WE SAY SPECIFICALLY A DATE, THERE IS NOT AN EXPECTATION THAT IT HAS TO BE DISCUSSED AT THE VERY NEXT COMMISSION MEETING. THAT IS CORRECT. UH, MS. WEBSTER, CORRECT. OKAY. ALRIGHT. UM, I WANT TO ADD A TOPIC AS WELL. AND THE TOPIC IS A REVIEW OF THE TRANSITION TIMELINE, UH, FOR AN EXITING COMMISSIONER WITH AN INCOMING, UH, AN ENTERING COMMISSIONER. AND IT'S, SO IT'S JUST COINCIDENTAL, UM, THAT THE NEXT MEETING IS THAT 60 APRIL IS THE 60 DAY RIGHT TIMEFRAME FOR THE TRANSITION TO HAPPEN THAT YOU HAVE TO BRING, WE HAVE TO ONBOARD THE, THE NEW COMMISSIONER. CORRECT. AND THE, AND THE EXITING COMMISSIONER CANNOT REALLY LEAVE UNTIL THAT HAS HAPPENED. SO WE CAN'T GET INTO THE SPECIFICS OF THAT. 'CAUSE IT'S NOT AN AGENDA ITEM. BUT I CAN, YOU CAN PUT THAT ON THE AGENDA ITEM AND I CAN REVIEW HOW IT WORKS. YES, MA'AM. THAT'S EXACTLY WHAT I'M SUGGESTING. OKAY. SO, UH, TRANSITION TIMELINE. ALRIGHT, ANY OTHER TOPICS? OKAY. I'M NOT SEEING ANY, UM, DO WE HAVE TO MAKE A MOTION TO ADJOURN? WE DO. IS THERE A MOTION TO ADJOURN? I MOVE. ADJOURN. ALL RIGHT. UM, SECONDED. MOTION TO ADJOURN MADE BY COMMISSIONER KA. IS THERE A SECOND? ALL RIGHT. SECONDED BY COMMISSIONER TURN. WE WILL DO A RA, SHOW OF HANDS. ALL THOSE IN FAVOR? YES. THAT IS UNANIMOUS. WE HAVE ADJOURNED. THE TIME IS 9:16 PM THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.