WEBVTT

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 Okay, good morning, everybody. This is the regularly scheduled monthly meeting of the

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 Board of Ethics about 1001, and we'll begin. We'll just jump right into it. And the first

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 item for consideration is receive nominations and hold an election for chair and vice chair.

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 And I think I might ask Trayor Madison how it works. I guess it's we do chair first and

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 then move on to vice chair. Okay. All right. So I will open up, open up to nominations.

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 I nominate you. Okay. All right. Is there any discussion? Not seeing any un-muting

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 or hands. So I guess I'll take a vote on the motion for me to continue as chair. And by

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 the way, so I was elected in the middle of 2019 and then 2020 came when we would usually

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 have elections in the beginning of the year, but COVID happened. And then we were going

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 to have elections in January, but we were waiting for all the, all the appointments.

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 And so that's why we're now in March. I promise I'm not like trying to like stronghold the

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 power if anybody else wants it. But I just wanted to make that clear that I, you know,

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 that's why we're here. The nomination, we've only had one election in almost, you know,

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 two years or so. Anyway, I will hold a vote and starting with Bob. Aye. Ronnie. Aye. Rob.

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 Thumbs up. Patricia. Aye. Annetta. I think she said aye, but you're muted. You just give

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 a thumbs up or a aye. Okay. Oh, you unmuted and unmuted again. Annetta, unmuted and then

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 muted again. And we didn't hear a vote. Sorry. Aye. Okay. All right. So we got that. I'll

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 just abstain. I feel weird voting for myself, but the motion passes. Laura, I forgot our

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 newest member. Oh, I'm sorry. Dustin, our newest member. Aye. Well, wow. Still voted

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 for me, even though I forgot about you. Thanks. Okay. So I think, I think the, the motion

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 passes and I guess I'll, I'll be chair until next year after appointment when we'll have

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 another election. And now I'll ask for nominations for vice chair. I know last year we had Sharla

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 I don't know if I'll be nominating her again. Like I think she does a good job, but I know

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 that she has, you know, during the day meetings are hard, I believe because of her work. And

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 I understand I've missed a couple over COVID because of work meetings. So I'll open up

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 the floor for nominations for vice chair. I would like to nominate, to renominate Sharla

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 if she's, if she would be open to it. I guess I'm not sure. Are there any rules Madison

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 or Trey about someone that's not currently present being nominated? I'm not aware of

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 a rule that says that they have to be present to be nominated. So long as they're a full

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 member of the board. Yeah. I've always been told if you're not there, get ready. That's

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 what I was thinking. Yeah. And I second the motion. Okay. So the motion, we have a motion,

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 we have a second. I'll say, I mean, I think she does a good job. My only concern is making

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 meetings, but I think, honestly, I think a lot of us have missed, you know, I don't know

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 if any of us have made it every single meeting during COVID just because it is during the

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 day. And I think most of us, it's not all of us still work. Madison, did you raise your

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 hand? Yeah. I was just going to say if you do elect Sharla and she does not want to

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 continue, we could just, if she lets us know that, then we could just have another election

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 next meeting if need be. Okay. That sounds like a plan. Is there any more discussion

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 on Sharla? And I'll just chime in that, right. If somebody were here, they could always decline

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 the nomination. She's not here to decline the nomination, but she could always not accept

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 it later and we can bring it back. Okay. Thank you, Trey. And thank you, Madison. Any more

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 discussion or should we move to voting? Not seeing anybody jump in. All right. We'll move

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 to voting. Bob? Aye. And myself, Laura Tomlin, I vote aye. Ronnie? Aye. Rob? Yes. Dustin?

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 Aye. Patricia? Aye. And Annetta? Aye. Okay. So we have a vice chair elected. And like

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 they said, if she doesn't want it, we'll just hold another vote next meeting. Okay. Next

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 on the agenda is the discussion about, I'm going to share my screen real quick. Discussion

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 about the 2021 meeting schedule. So in the past, we've had meetings the last Thursday

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 of every month. And before COVID, we would have them, I think about 5, 5.30 at night.

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 Well, now we have to have them between 9 a.m. and 3 for the start time and any day except

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 Tuesday. I would say we just keep going with the last Thursday of the month. And I would,

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 oh, go ahead, Madison. I just, as a point of order on there, on where it says future

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 meeting dates, June 25th, it should be June 24th. That would be the last Thursday. It's

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 just a typo. Oh, okay. Thank you. As I was saying, I, you know, I don't, I guess any

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 days is probably, you know, I would guess probably not Fridays are good, but any other

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 day seems okay. I would say start at three would probably be best for me. I'm not sure

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 about everybody else who has a job, but the later in the day is probably the more likely

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 I'll be able to make the meeting. Is there, does anybody have any thoughts about what

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 days and what times to have meetings? For me, mornings are a lot better. I, I work

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 till nine at night. So three is when things start heating up. But if it's better for everybody

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 else, I'll, I can find a way to make it work. Well, I like the Thursday at three o'clock.

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 Three is good for me. Let's see. Rob or Dustin, Patricia, do you all have thoughts? That works

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 for me. My, I, my schedule is very flexible, so I can do three or any, just about any time.

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 Yeah. Madison, we can try to get the, them on three at three o'clock as, as much, sorry,

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 as best as possible. Sometimes there are meetings scheduled way out there that I've already

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 taken our date or our time. So we'll definitely let you know, obviously what time it is before

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 it's that day. But yeah, we can definitely shoot for three as much as possible. I think

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 the other thing to note is at some point the city is going to be opening back up. So we

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 may be able to go back to in-person meetings in the evening. We just don't really know

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 what time at this point, we're just not really sure how that will work and when that will

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 start happening. So that's, that's kind of where we're at right now. Okay. And Rob, did

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 you have any thoughts on timings of meetings? No, I'm fine with, I'm flexible, just like

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 Patricia, just, and it'll work. And it sounds like we're going to kind of put it in pencil

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 and then possibly have to change it around anyway. But for right now, I'm happy with

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 what, what the group thinks. I think more people said three works than the morning.

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 So I would say, I don't know if we need a vote on this. I think this is just maybe guidance.

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 So I would say we try to do like the last Thursday at three, and then it'll kind of

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 be like over the last year. If that changes, we'll just email everybody, you know, as soon

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 as it advances, as you know, Madison. Yes, Madison. I was just going to say, is it more

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 of a priority for it to be at three than on the last Thursday? Because if we know that

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 three o'clock is taken for the last Thursday, we could potentially look at a Thursday before

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 or the Thursday after and see if three is available. That time is available. It just

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 depends on what y'all would prefer a regular date or regular time.

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 I guess, I mean, I guess I would kind of go toward a regular date, so I just know what

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 day it's coming. But for me personally, as an attorney or as a prosecutor, I mean, if

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 I have a hearing or something that they usually don't ask me the prosecutor. So, you know,

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 if I can't make it, I'm just not going to be able to make it. And I'm not going to know

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 until maybe a week in advance. You know, I guess maybe we'll just just stay flexible,

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 Madison, and we'll just, you know, we could even send out it, you could even send out

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 an email, if it can't be at Thursday at three, if there's a lot of different choices, and

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 we're not sure what will be best, we could just send out an email and stay flexible,

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 especially, you know, until in-person meetings resume, which, you know, who knows, maybe

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 this year. Any more thoughts on that from anyone?

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 Mine is the same, flexible, because, you know, I work at a funeral home, so I'm not always

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 meeting available day or night. So I just, whenever we have it, I can make it, I can

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 make it. So three is fine as just as any day, or 10.

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 Yeah. Any more thoughts on that? I don't see any. So as long as there's not, we'll move

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 on to the approval of minutes for the last two meetings. We're both on February 25th.

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 There was a special panel meeting in the morning over advisory question by Paul Metzmulser.

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 And then we had our regular meeting at three, which I don't remember if it was work or the

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 contract business going on at my house, but I know I was very late for it, and I apologize

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 for that. So I read through those. I didn't see any

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 problems. Are there any more? Did anybody have anything to say about those minutes?

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 Anything to alert Madison to? Okay. Is there a motion to accept those minutes

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 from both of those meetings? I can move approval to the meeting, the regular

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 meeting, but I wasn't at the hearing. So I think somebody who was there should move approval

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 for that. Okay. So Neta has moved approval for the regular

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 meeting. Is there a second? A second.

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 Ronnie second. So we'll vote on the regular meeting.

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 Bob? Aye.

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 Myself, Laura, aye. Ronnie?

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 Yes. Rob?

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 Yes. Dustin?

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 Aye. Patricia?

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 Aye. And Neta?

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 Aye. Okay. And then, yes, Ronson.

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 Aye. I don't believe that anybody that was on the panel is actually in today's meeting.

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 Okay. I think it was Dawn, Debra, and Ron.

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 Oh, that's right. It was. I think we can, I mean, it was sent, go ahead, Trey.

00:12:44.400 --> 00:12:48.880
 Yeah. I was just going to say, it works that you're taking them up separately. I mean,

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 that makes a clean record, and it's great. Just under the rules of order, your rules

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 of procedure, you do not have to have been at the meeting to approve either move or vote

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 on the approval of the official minutes of the group.

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 Then I'll go ahead and amend my thing to say approval for both, and then maybe we should

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 revote. No, I think it's okay that we've already taken

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 the vote for the regular, and we'll just take up the special one as a separate vote.

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 I move approval for that. Okay, so Neda moves for approval of the special

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 panel meeting minutes. Is there a second? Second.

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 Bob is seconded, and we'll vote on that. Bob?

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 Aye. Myself, Laura, aye. Ronnie?

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 Yes. Rob, are you able to vote?

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 Yes, Mamma, yes. Sorry. Okay. And Dustin?

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 Aye. Patricia?

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 Aye. And Annette?

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 Aye. Okay, so both of those minutes have been

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 passed, and we'll move on to the last agenda item, and that's the Receiver Report, Hold

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 a Discussion, and Give Staff Direction Regarding Proposed Ethics Complaint Process Packet,

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 and so now we have the narrative with the step-by-step of filing a complaint and in

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 the process of a complaint in a hearing. We have the flowchart that's kind of more of

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 a visual picture of the complaint process, and then there's also a timeline. Madison,

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 did you want to talk about any changes from the last meeting to now?

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 Yeah, I'll just say, just to make some things clear, the numbers in the narrative are supposed

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 to match up to the numbers on the flowchart. Since there was more detail in the narrative

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 and they correspond, some of the boxes on the flowchart are not quite as detailed anymore,

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 or the flowcharts have been changed slightly just to make them easier to kind of go back

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 and forth and make the flowchart a little bit easier to read. The timeline really hasn't

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 changed. It wasn't changed substantively, and so I think that's basically it, and just

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 for Dustin, this is a packet that's really supposed to help both board members and members

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 of the public understand the ethics complaint process if they want to. So, ordinance can

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 be hard to read sometimes. I read through this and I thought it was

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 well done, and I was able to follow it, and I'm pretty new to this, so it was helpful.

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 Excellent. Good test. Yeah, I want to say, Madison, I know you put

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 a ton of work into this, and I think for those who are complaining, it'll be a lot more clear

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 what the process is. So, I think that's going to help a lot.

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 Yeah, with all three of these, I don't think anybody can complain because whether you're

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 better at reading or visualization or a chart, it's got everything.

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 I think the only things that I saw in there were in the narrative on section 17C. I think

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 that's supposed to be proceed to step 19, and then in the last paragraph of step 18,

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 I think the second to last sentence should be proceed to step 21.

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 Yes, we'll make those corrections. Laura had brought those up in an email as well, and

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 then I did also, when I was making the changes that Laura previously brought up, basically

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 those two sentences at the end of step 18 in the last paragraph, if sanctions are imposed,

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 dot, dot, dot, I added those to the end of step 19 as well, because they kind of should

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 be going to the same places. Right, okay.

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 I guess for me, are there any other changes that anybody feels should be made, or any

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 further clarification? Rob?

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 I'd like to ask, I was on the preliminary assessment chart, flow chart. Number seven,

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 could the ethics complaint be frivolous? If it was a no, it would be dismissed. If it

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 was a yes, it would go to the evidentiary hearing process. I wasn't at the last meeting,

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 so would that not be flipped the other way, in that if it could be frivolous, wouldn't

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 it go to the hearing, and if it's not frivolous, it would be dismissed, or did I miss something?

00:18:04.600 --> 00:18:12.800
 So according to the rules of procedure, the preliminary assessment panel, if they believe

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 that the ethics complaint might be frivolous, they can recommend that it go to a full hearing.

00:18:18.800 --> 00:18:27.720
 I guess maybe this will answer it, Rob. So we're only asking whether it's frivolous

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 after we've found that it's not actionable. So it's not actionable already, and then if

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 it's not frivolous, it's dismissed, and if it's frivolous, or if we think it might be

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 frivolous, is when it goes to evidentiary hearing about whether it was frivolous.

00:18:45.240 --> 00:18:49.680
 Does that make sense? Yeah, I guess the word frivolous just seems

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 like to me as in why are we even talking about it? I don't see it in a legal term, but that's

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 fine. That's why I was asking that question. Yeah, frivolous is a specifically defined

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 term in the ethics ordinance, which is why that's what's used here.

00:19:03.600 --> 00:19:08.440
 Yeah. Well, that's what my grandfather used to call me, and so that's why I thought I

00:19:08.440 --> 00:19:18.400
 just missed it as being frivolous. Okay. Thank you.

00:19:18.400 --> 00:19:23.160
 Any more questions? For our new member, I think this might be the third meeting. I think

00:19:23.160 --> 00:19:29.040
 every meeting this year we've talked about these charts, at least in part, to get them

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 to where they're understandable and correct under the code.

00:19:34.880 --> 00:19:58.320
 Okay, so as far as if we approve these today, I would like some direction just on what to

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 do with them. My recommendation would be obviously put them on the board's website so that anybody

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 can view them. I would also think that perhaps the board would want this packet sent to complainants

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 once they file a complaint. Originally, one of the things that we had discussed was when

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 we just had the flowchart was attaching the flowchart to any meetings for complaints,

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 so we would attach the correct flowchart. If we had a preliminary assessment, the preliminary

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 assessment flowchart would also be included in that backup. So my question is just do

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 you want those things to happen? Is that the direction you'd like to give if you approve

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 these today, or is there something else you'd want them to do basically?

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 I would think we'd put them on the website and send them to complain, and that might

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 help. Sometimes we've gotten complaints, and I think it might help them, especially if

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 their complaint is maybe found baseless or not administratively complete. It'll help

00:21:06.640 --> 00:21:15.600
 them to be able to refile it if they wish. It might help them understand that it's going

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 to be found baseless, so they shouldn't even complain. So I think it helps explain to them

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 what this code is like. I hope I'm saying that nicely enough.

00:21:37.380 --> 00:21:48.760
 I have a question. Should this go to the council for any kind of a stamp of approval?

00:21:48.760 --> 00:21:54.600
 I don't think it has to, if you would like it to.

00:21:54.600 --> 00:21:57.880
 Not necessarily. We'll give it another three meetings.

00:21:57.880 --> 00:22:05.320
 Yeah, I would say this is kind of an internal thing. It's not anything new. It's just a

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 kind of reorganization.

00:22:06.320 --> 00:22:09.320
 You haven't changed anything.

00:22:09.320 --> 00:22:18.600
 All right. Is there any more thoughts? I can look at the agenda information sheet. Do we

00:22:18.600 --> 00:22:25.060
 need an official vote to approve these and put them on the website, or do we just kind

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 of give you direction that they're approved and to put them on the website?

00:22:30.040 --> 00:22:35.840
 You do not need an official vote, just direction to staff to move ahead.

00:22:35.840 --> 00:22:53.580
 Okay. Is there anybody against approving these, this packet? Okay.

00:22:53.580 --> 00:22:58.880
 So the direction I'm hearing is take the packet as it is, as we talked about the amendments

00:22:58.880 --> 00:23:04.320
 to it, the couple of little things, and post them on the city's website so that anyone

00:23:04.320 --> 00:23:08.080
 can view them on the Board of Ethics webpage.

00:23:08.080 --> 00:23:15.080
 And then also to, if the complaint is submitted, send the packet to the complainant at the

00:23:15.080 --> 00:23:19.440
 beginning of the process.

00:23:19.440 --> 00:23:25.720
 And that's the direction I've heard so far. Is there anything else? Do you want me to

00:23:25.720 --> 00:23:29.680
 send it to the respondent? Do you want me to include some of this information at meetings

00:23:29.680 --> 00:23:37.120
 in the future? I don't know. You could think of something else, I suppose.

00:23:37.120 --> 00:23:42.000
 I guess, you know, I would say, I don't know how everybody else feels. Now that the respondent

00:23:42.000 --> 00:23:49.600
 gets the complaint, I would say go ahead and send it to them. You know, why not? And as

00:23:49.600 --> 00:23:55.720
 far as the board, you know, especially like, you know, as year to year, since there's turnover,

00:23:55.720 --> 00:24:01.200
 you might just either include it or include just a link to where it is on the website

00:24:01.200 --> 00:24:10.880
 in, in packets for when we have either, you know, one of the hearings or preliminary hearings

00:24:10.880 --> 00:24:15.880
 that are, that are explained in the packet.

00:24:15.880 --> 00:24:31.200
 I agree. Yes. I think I'm seeing agreement. Anybody have any, anything else to say regarding

00:24:31.200 --> 00:24:36.440
 the packet and where it's posted when it's sent out?

00:24:36.440 --> 00:24:46.200
 I think it's a big step forward from what we had. So I think it's good.

00:24:46.200 --> 00:24:53.440
 Okay. I'm not seeing anybody else jumping up. So I think, and is that everything you

00:24:53.440 --> 00:24:58.680
 need from this agenda item, Madison? Yeah, I think so. Thank you all for working

00:24:58.680 --> 00:25:03.840
 on this with me. I really appreciate it. I hope it will be helpful to y'all and to interested

00:25:03.840 --> 00:25:08.200
 members of the public. All right. Well, that went a lot quicker than

00:25:08.200 --> 00:25:13.560
 last time, I think. So, you know, maybe we should have added another agenda item, but

00:25:13.560 --> 00:25:18.240
 I know when me and Madison are kind of discussing items, we don't want to, you know, make it

00:25:18.240 --> 00:25:23.840
 to where we don't, you know, we don't get through half the items. So today we, we put

00:25:23.840 --> 00:25:30.920
 two little things because it's 1026 and we're out of items. So I would say for next meeting,

00:25:30.920 --> 00:25:37.240
 I know Madison kind of has a list of things that that we need to talk about, but and Madison,

00:25:37.240 --> 00:25:42.160
 you can jump in. Do you want people to email you with any other ideas like a week, 10 days?

00:25:42.160 --> 00:25:47.640
 What do you need before the next meeting? Yeah, typically we have been asking for any

00:25:47.640 --> 00:25:55.320
 items that the board would like to discuss the, like the Wednesday, the week before the

00:25:55.320 --> 00:26:00.200
 meeting. So if our next meeting is on the 29th of April, the 21st is when we would want

00:26:00.200 --> 00:26:07.240
 items by. I do have a list. We were, we were also kind of just waiting to see where the

00:26:07.240 --> 00:26:13.040
 election went and to make sure we had everybody who was new to the board on. So would you

00:26:13.040 --> 00:26:19.120
 like me to send out that list to see if there are items that people, you know, people would

00:26:19.120 --> 00:26:24.800
 like to prioritize them or? Yeah, I think that's a good idea. Just everybody do not

00:26:24.800 --> 00:26:30.840
 reply all cause we don't want to get, we don't want to, you know, there's the open meetings

00:26:30.840 --> 00:26:37.400
 act and we don't want to go afoul of that. I'll blank copy everyone. Okay, great. Yeah,

00:26:37.400 --> 00:26:43.640
 I think that would be a good idea so that we can gauge, you know, what the board finds

00:26:43.640 --> 00:26:49.480
 most important of the issues we've already come up with. And you know, actually Madison,

00:26:49.480 --> 00:26:55.480
 if, if you want, maybe we could, you could, we could push the deadline for new items to

00:26:55.480 --> 00:27:00.600
 discuss earlier so that you can include just everything everybody's thinking about and

00:27:00.600 --> 00:27:06.280
 we can prioritize what to talk about at the next meeting. I think that's a great idea.

00:27:06.280 --> 00:27:13.000
 What if we, let's see, give everybody at least a couple of weeks to get items in. What if

00:27:13.000 --> 00:27:22.680
 we get the items by the ninth Friday, the ninth of April? That's basically two weeks

00:27:22.680 --> 00:27:29.620
 from today. That gives me a week to kind of take it all in and organize it into a list

00:27:29.620 --> 00:27:34.580
 and then send it out that Monday on the 12th and then y'all can have a week to respond

00:27:34.580 --> 00:27:39.040
 and that way we have enough time to get the agenda together. Does that sound good to everyone?

00:27:39.040 --> 00:27:44.520
 That sounds good. Yes, Rob. There was, make sure that I understand that there would be

00:27:44.520 --> 00:27:50.320
 new items and then items that we had brought up that were going to be put on hold until

00:27:50.320 --> 00:27:55.280
 after the council voted the new members in and such. Those particular items, will they

00:27:55.280 --> 00:28:02.600
 be presented at that time as well, Madison? Yes. So once, once we have any new items that

00:28:02.600 --> 00:28:06.600
 people would like, I'll send out basically a list of this is all the items that people

00:28:06.600 --> 00:28:11.240
 have brought up for discussion. That will include any new items and the old items that

00:28:11.240 --> 00:28:17.560
 we've already discussed and then we'll prioritize those basically to, I'll send out that and

00:28:17.560 --> 00:28:21.880
 the council can prior, sorry, the board will prioritize them and then we can kind of go

00:28:21.880 --> 00:28:25.840
 from there on the agenda. Obviously we don't want to talk about everything at once because

00:28:25.840 --> 00:28:32.040
 we have too many hours long of a meeting so. I had submitted, if you remember, a couple

00:28:32.040 --> 00:28:38.360
 of items that, and we, you mentioned, wanted to wait until after the new council members

00:28:38.360 --> 00:28:43.200
 in and such, which was fun. I just want to make sure those weren't all through the cracks.

00:28:43.200 --> 00:28:50.440
 No, they'll be included on that list for priorities. Thank you. Okay. If there's, is there anything

00:28:50.440 --> 00:28:57.640
 else from anyone for this meeting or, okay. All right. I'm not seeing anybody jump up.

00:28:57.640 --> 00:29:04.640
 So I guess it is 1030 unless Madison or Trey to have anything to say. We will adjourn this

00:29:04.640 --> 00:29:09.360
 meeting and I thank everybody for their time. Thank you. Thank you. Thank you. Thank you.

