1 00:00:00,000 --> 00:00:12,240 Okay. Hello, everyone. We are here for the special called meeting of the Board of Ethics. 2 00:00:12,240 --> 00:00:21,400 And we have one item for consideration today, BOE 20-023, ethics complaint number 20-001 3 00:00:21,400 --> 00:00:28,520 filed on October 15th, 2020 concerning alleged violations of ethics ordinance section 2-273. 4 00:00:28,520 --> 00:00:42,160 And I'll go ahead and share my screen. So this is the agenda information sheet. So the 5 00:00:42,160 --> 00:00:47,800 background is that the complaint was made by a citizen named Scott Campbell, and it 6 00:00:47,800 --> 00:00:54,880 was concerning Deb Armitour, and he claimed that she was in violation of 2-273. And he 7 00:00:54,880 --> 00:01:02,720 talked about a video that she had, well, the video of a city council meeting. And our Board 8 00:01:02,720 --> 00:01:08,440 of Ethics met on October 22nd, or a panel of our Board of Ethics met, and they found 9 00:01:08,440 --> 00:01:14,720 that the complaint was baseless. And on the 27th, they sent the letter that it was baseless. 10 00:01:14,720 --> 00:01:23,800 And on the 29th, Mr. Campbell appealed that, which now brings us to why we're here today. 11 00:01:23,800 --> 00:01:31,120 And Madison had previously talked to Alan, who's in the meeting, too. And the nature 12 00:01:31,120 --> 00:01:36,920 of this hearing is limited to the question of whether the panel's determination on the 13 00:01:36,920 --> 00:01:44,140 26th in dismissing the case was erroneous. And so the standard is whether the allegations 14 00:01:44,140 --> 00:01:48,680 and evidence contained in the complaint, if true, would constitute a violation of the 15 00:01:48,680 --> 00:02:01,920 Code of Ethics. And so the complaint's on the screen now. And like I said at the beginning, 16 00:02:01,920 --> 00:02:09,040 he claimed that Deb Armitour actively campaigned for reelection during a meeting, and he claimed 17 00:02:09,040 --> 00:02:13,260 it was unethical for several reasons, conflict of interest, using official post-it meeting 18 00:02:13,260 --> 00:02:21,640 of Denton Council to campaign for reelection during an active campaign. And hopefully we've 19 00:02:21,640 --> 00:02:28,760 all read that and are familiar with that. So my initial thoughts are he claims conflict 20 00:02:28,760 --> 00:02:33,880 of interest, and it reminds me of some of our first complaints, where he might be thinking 21 00:02:33,880 --> 00:02:40,640 conflict of interest, but not using the ordinance's definition of conflict of interest. I would 22 00:02:40,640 --> 00:02:48,000 agree with the panel at the initial hearing that the complaint is baseless and doesn't 23 00:02:48,000 --> 00:02:55,360 fall under 2-273A. And they also talked about whether it fell under 2-273G, which I also 24 00:02:55,360 --> 00:03:00,240 agree with them that it did not. They discussed a lot about whether the video is included 25 00:03:00,240 --> 00:03:05,320 in this complaint. And I think what we're supposed to do is follow the four corners 26 00:03:05,320 --> 00:03:09,960 of this complaint and not look at evidence outside of that. But that would be something 27 00:03:09,960 --> 00:03:15,240 that Mia Madison has talked about in January, maybe talking about and clarifying our rules 28 00:03:15,240 --> 00:03:20,120 and the ordinance as far as whether we can look at that when there's a complaint. But 29 00:03:20,120 --> 00:03:24,120 I think it doesn't even matter in this case, because I don't even think we get there. I 30 00:03:24,120 --> 00:03:37,640 think it's baseless. So is there any discussion on this? Anybody have any thoughts? Let's 31 00:03:37,640 --> 00:03:44,080 see. Is anybody? Oh, Alan? Hey, Madam Chair. If you don't mind, if no one's fighting for 32 00:03:44,080 --> 00:03:51,080 the microphone since I haven't gotten to speak with you all, Ian helped early on in the faces 33 00:03:51,080 --> 00:03:57,920 of this. But by way of orientation, I wanted to just remind the board that when the City 34 00:03:57,920 --> 00:04:04,000 Council adopted this ordinance, one of the features they wanted to include was basically 35 00:04:04,000 --> 00:04:10,760 pre-screening or pre-filtering complaints before they get to the full board. And so 36 00:04:10,760 --> 00:04:17,240 the standard is very straightforward and simple, and our chairperson has spelled it out precisely. 37 00:04:17,240 --> 00:04:24,360 And so we have these panels that have these predeterminations. If perhaps either party 38 00:04:24,360 --> 00:04:30,960 thinks the panel got it wrong, there's a procedure to have a hearing just on that point, not 39 00:04:30,960 --> 00:04:35,480 on the merits of the complaint, but on the point of whether or not it was rightfully 40 00:04:35,480 --> 00:04:43,000 dismissed as being baseless, as that term is defined under Denton's code. And we talked 41 00:04:43,000 --> 00:04:47,800 about this a lot when we do the training and that sort of thing. There may be conduct that 42 00:04:47,800 --> 00:04:55,200 a member of the public finds offensive or inappropriate or outrageous or something. 43 00:04:55,200 --> 00:04:59,960 And that may be legitimately how they feel. That doesn't mean there's always a remedy 44 00:04:59,960 --> 00:05:05,480 under the City of Denton's code of ethics. So you have this process for pre-filtering 45 00:05:05,480 --> 00:05:10,520 and then appeal before this board, and you get to decide not to the person do what they're 46 00:05:10,520 --> 00:05:17,340 alleged to have done, but if you take everything in the complaint as true, you assume, does 47 00:05:17,340 --> 00:05:23,640 it add up to anything? Does it add up to something actionable that warrants a full-blown hearing? 48 00:05:23,640 --> 00:05:29,880 And that's where you are today. The only question is, did the three-person panel get it wrong? 49 00:05:29,880 --> 00:05:36,440 Yes or no? And if you think they got it wrong, well, then you can, by majority vote, go forward 50 00:05:36,440 --> 00:05:41,760 with the full-blown hearing. I will work with your city auditor, Madison, to schedule the 51 00:05:41,760 --> 00:05:46,880 hearing and get you prepared for it. Or you can uphold what the panel did. That really 52 00:05:46,880 --> 00:05:53,080 is the extent of what we're doing here this afternoon. 53 00:05:53,080 --> 00:06:00,920 And I see Ronnie has joined us as well. And Ronnie, we had just gone over, we don't see 54 00:06:00,920 --> 00:06:05,400 you, but if you can hear us, we just went over the complaint and what happened in the 55 00:06:05,400 --> 00:06:11,280 initial hearing. And I had shared my opinion that I agree with the panel, and I think that 56 00:06:11,280 --> 00:06:20,160 we should uphold what the panel found on the 26th. Does anybody have, is everybody in agreement 57 00:06:20,160 --> 00:06:27,080 or does anybody disagree with that, Patricia? I don't disagree. I just had a question. Were 58 00:06:27,080 --> 00:06:31,260 you saying that we should have watched the video or not watched the video? I did watch 59 00:06:31,260 --> 00:06:37,320 the video, but is there a problem with watching the video of the meeting? 60 00:06:37,320 --> 00:06:44,560 So well, I watched the video of the meeting and we are deciding whether the panel, well, 61 00:06:44,560 --> 00:06:49,560 I watched both videos. There's the panel meeting video and there's the video from the city 62 00:06:49,560 --> 00:06:54,940 council meeting. I'm not sure if the city council meeting should be included or not. 63 00:06:54,940 --> 00:06:58,400 That slips unclear. And you probably heard them talk about that in the panel meeting 64 00:06:58,400 --> 00:07:04,840 is he specifically mentioned it and puts on a timestamp. So what Ian was saying at that 65 00:07:04,840 --> 00:07:09,760 panel meeting is that that's just going to be up to us to decide whether we would include 66 00:07:09,760 --> 00:07:15,440 that or not. But I'm not sure because to me, it seems like it would just be the four corners 67 00:07:15,440 --> 00:07:20,560 of this complaint and we wouldn't go out by that at all. But I think that's something 68 00:07:20,560 --> 00:07:25,440 me and Madison have already talked about a few things to talk about in the January meeting, 69 00:07:25,440 --> 00:07:29,920 but I think that's something we should clear up. So in the future, we don't have the panel 70 00:07:29,920 --> 00:07:36,520 asking about it the night of the hearing or the afternoon of the hearing. Oh, I see. So 71 00:07:36,520 --> 00:07:42,440 I don't even think we got to see the video, but you know, I'm not, but you know, it seems 72 00:07:42,440 --> 00:07:48,160 like it would be harder to decide without seeing the video. But yeah, I get what you're 73 00:07:48,160 --> 00:07:53,360 saying. And that's just what we're going to have to decide is if we can go outside of 74 00:07:53,360 --> 00:07:58,240 the complaint at all. Or in this case, when he is specifically telling us what to do, 75 00:07:58,240 --> 00:08:01,400 can we look at that before the panel meeting? And I don't know if you have a thought about 76 00:08:01,400 --> 00:08:07,880 that, Alan. I do. I don't think that it was wrong or a problem that that someone viewed 77 00:08:07,880 --> 00:08:13,660 the video link. No need for it to be stricken from the record or, you know, forget what 78 00:08:13,660 --> 00:08:19,720 you saw or that sort of thing. But I do think the way the ordinance is worded, it's just 79 00:08:19,720 --> 00:08:26,200 the written materials that are submitted. Or so I wanted to submit a flash drive or 80 00:08:26,200 --> 00:08:31,500 something else with evidence on it. I think they could have done that. But I agree with 81 00:08:31,500 --> 00:08:37,360 our chairperson that the purposes of this meeting today, it doesn't really matter. You 82 00:08:37,360 --> 00:08:45,320 have an allegation that someone spoke at a city council meeting, that they talked, they 83 00:08:45,320 --> 00:08:51,040 were basically campaigning at a council meeting, and that the complainant thinks that is wrong. 84 00:08:51,040 --> 00:08:55,720 And so if you assume that it's true, this person did talk, they did say these sorts 85 00:08:55,720 --> 00:09:01,920 of things at this meeting, and they're covered by this ordinance. Does that mean that if 86 00:09:01,920 --> 00:09:07,440 it's all true, there's a violation, we need to go in to have some evidence and decide 87 00:09:07,440 --> 00:09:13,540 whether there's an infraction or so. What's the consequence of that? So the video to me, 88 00:09:13,540 --> 00:09:21,320 the link is really extraneous. It's extra. Just assume the complaint is true. Does it 89 00:09:21,320 --> 00:09:27,300 add up to something? Your panel said no. Does the rest of the group think that perhaps the 90 00:09:27,300 --> 00:09:37,640 panel missed something, didn't understand what they were doing, or made a mistake? 91 00:09:37,640 --> 00:09:47,040 I've got a question to follow up on that. If there's no other new information beyond 92 00:09:47,040 --> 00:09:54,920 what was written in the complaint and the information from the panel, there's nothing 93 00:09:54,920 --> 00:10:00,400 additional that we can make a decision different from, is there? 94 00:10:00,400 --> 00:10:07,640 I would agree with you that there's no new information, there's no basis other than, 95 00:10:07,640 --> 00:10:13,600 and this happens, it happens in ethics world, it happens in municipal government. One group 96 00:10:13,600 --> 00:10:19,380 looks at the same data, comes to one conclusion, a different group looks at the same data later, 97 00:10:19,380 --> 00:10:23,320 and concludes that the first group got it wrong. They made a mistake, they didn't understand, 98 00:10:23,320 --> 00:10:29,240 they missed something. That does in fact happen. But the way Denton's code of ethics is written, 99 00:10:29,240 --> 00:10:35,440 it really does put the burden on the complainant to get the complaint correct, to provide the 100 00:10:35,440 --> 00:10:44,360 evidence up front, and to actually identify something that's covered by the code. Otherwise, 101 00:10:44,360 --> 00:10:50,360 what you end up becoming is sort of an all purpose complaint desk for people that don't 102 00:10:50,360 --> 00:10:54,760 like what someone did. And they may have a grievance. It doesn't mean that there is a 103 00:10:54,760 --> 00:11:01,560 remedy for that before the Board of Ethics. Okay, thank you. 104 00:11:01,560 --> 00:11:08,080 Yeah, and my opinion is that, you know, he might have a grievance with what happened, 105 00:11:08,080 --> 00:11:11,640 whether he believes it happened or not, whether it actually happened or not, but I don't think 106 00:11:11,640 --> 00:11:17,600 it falls under our ethics code. Does anybody think differently about that, or should we 107 00:11:17,600 --> 00:11:30,200 just, you know, have a motion and take a vote? I'm ready for a motion and a vote. 108 00:11:30,200 --> 00:11:35,160 All right, well, I guess, could I get, and I guess somebody can correct me if I'm saying 109 00:11:35,160 --> 00:11:41,160 this wrong, but if we could get a motion to, I guess, affirm the finding of the three person 110 00:11:41,160 --> 00:11:44,080 panel, I don't think I can make the motion as chair, but if somebody else will make that 111 00:11:44,080 --> 00:11:54,720 motion and second it, I still move. And do we have a second? Second by Bob. Well, the 112 00:11:54,720 --> 00:12:01,960 motion by Ron and the second by Bob and all in favor. I forget, Madison, do we, do I need 113 00:12:01,960 --> 00:12:07,080 to go through everybody? Is that how we want to do this on Zoom? Yeah, I think it's best 114 00:12:07,080 --> 00:12:13,520 for you to roll call. All right. And I'll just go on the screen from left to right. 115 00:12:13,520 --> 00:12:23,880 Bob, what's your vote? Affirm. Rob? Yes. Patricia? Oh, I think you're muted, if you don't mind 116 00:12:23,880 --> 00:12:37,680 unmuted. I think he said yes. Yes. Thank you. And Ron? Is Ron, Ron? Oh, Ron Johnson. Sorry. 117 00:12:37,680 --> 00:12:49,040 Right there, think. He's got an icon. Okay, I see it. And Ronnie, if you're on with us. 118 00:12:49,040 --> 00:12:57,240 I'm not sure if Ronnie's is working, but with or without Ronnie's vote, we don't hear him 119 00:12:57,240 --> 00:13:02,560 or see him. We'll go ahead and just not count them either way, but the majority does vote 120 00:13:02,560 --> 00:13:11,000 in favor of that motion. So we, yeah, so we have found that the panel, we don't disagree 121 00:13:11,000 --> 00:13:16,320 with the panel and that the complaint is baseless. And I think that's, that's all we need to 122 00:13:16,320 --> 00:13:22,240 do. Right, Madison or Alan, if anybody has any thoughts, I can just adjourn if we're 123 00:13:22,240 --> 00:13:27,280 done. I think you've completed the agenda for today. You can adjourn and then prepare 124 00:13:27,280 --> 00:13:35,680 the written letter at the conclusion. All right, thank you. Okay, so we will adjourn 125 00:13:35,680 --> 00:13:41,600 and I will get a letter to Madison and we'll go from there. Thank you everybody for taking 126 00:13:41,600 --> 00:13:46,880 some time out today for this. Thank you. Bye. Thank you everyone. Thank you. Bye bye.