1 00:00:00,000 --> 00:00:07,480 >> Good afternoon and welcome to the meeting of the board of ethics today's Thursday, October 2 00:00:07,480 --> 00:00:10,720 28th 2021 and it is 3.01 p.m. 3 00:00:10,720 --> 00:00:15,160 Go ahead and get started now, Madison. 4 00:00:15,160 --> 00:00:17,360 Oh, we have a quorum. 5 00:00:17,360 --> 00:00:18,360 So yes. 6 00:00:18,360 --> 00:00:19,360 Cool. 7 00:00:19,360 --> 00:00:22,160 >> Yeah, we just want to go through the first item, just a minute. 8 00:00:22,160 --> 00:00:23,160 >> Perfect. 9 00:00:23,160 --> 00:00:28,240 So we're going to consider approval of the minutes for September 30th, 2021. 10 00:00:28,240 --> 00:00:32,080 >> Is it okay to make a motion? 11 00:00:32,080 --> 00:00:33,080 >> Yes. 12 00:00:33,080 --> 00:00:35,920 >> I move approval of the minutes. 13 00:00:35,920 --> 00:00:37,160 >> Second. 14 00:00:37,160 --> 00:00:47,200 >> And then you just have to say I'm just going to jump in real quick, especially because 15 00:00:47,200 --> 00:00:52,040 we're all wearing masks, I know it's hard for Billy to focus on whoever it is. 16 00:00:52,040 --> 00:00:56,640 So Madam Chair, if you would just recognize speakers as they talk, even for motions and 17 00:00:56,640 --> 00:01:00,160 seconds it will make it easier for Billy and for the record since we can't see any of our 18 00:01:00,160 --> 00:01:01,160 faces. 19 00:01:01,160 --> 00:01:02,160 >> Okay. 20 00:01:02,160 --> 00:01:03,160 Perfect. 21 00:01:03,160 --> 00:01:04,160 >> Thank you, ma'am. 22 00:01:04,160 --> 00:01:05,160 >> I can do that. 23 00:01:05,160 --> 00:01:06,160 Okay. 24 00:01:06,160 --> 00:01:10,040 So the second item, sorry, go ahead. 25 00:01:10,040 --> 00:01:17,920 >> So board member Ramsey made the motion, board member Schuch seconded and then we have 26 00:01:17,920 --> 00:01:18,920 to take a vote. 27 00:01:18,920 --> 00:01:27,760 So you want to recognize people individually to take the vote? 28 00:01:27,760 --> 00:01:28,760 >> There we go. 29 00:01:28,760 --> 00:01:30,560 No, in person meetings we typically haven't. 30 00:01:30,560 --> 00:01:31,560 >> Okay. 31 00:01:31,560 --> 00:01:32,560 I just wasn't sure. 32 00:01:32,560 --> 00:01:37,600 >> No, like as a full vote, just if it's not unanimous, we can take it up then. 33 00:01:37,600 --> 00:01:38,600 >> Okay. 34 00:01:38,600 --> 00:01:40,360 So we'll take a vote then. 35 00:01:40,360 --> 00:01:41,360 Everyone in favor? 36 00:01:41,360 --> 00:01:42,360 >> Aye. 37 00:01:42,360 --> 00:01:43,360 >> Aye. 38 00:01:43,360 --> 00:01:44,360 >> All right. 39 00:01:44,360 --> 00:01:45,360 Motion passes. 40 00:01:45,360 --> 00:01:46,960 >> Well, go ahead and call for nos and just -- 41 00:01:46,960 --> 00:01:47,960 >> Oh, sorry. 42 00:01:47,960 --> 00:01:48,960 Okay. 43 00:01:48,960 --> 00:01:49,960 >> We'll go ahead and call for nos. 44 00:01:49,960 --> 00:01:50,960 >> Okay. 45 00:01:50,960 --> 00:01:51,960 >> Sorry. 46 00:01:51,960 --> 00:01:52,960 First time. 47 00:01:52,960 --> 00:01:53,960 All right. 48 00:01:53,960 --> 00:01:54,960 Then no nos. 49 00:01:54,960 --> 00:01:55,960 So motion passes. 50 00:01:55,960 --> 00:01:56,960 All right. 51 00:01:56,960 --> 00:01:59,960 Now we move on to the second one. 52 00:01:59,960 --> 00:02:00,960 Got it. 53 00:02:00,960 --> 00:02:01,960 Okay. 54 00:02:01,960 --> 00:02:05,000 Receive a report, hold a discussion, take necessary action regarding potential recommendations 55 00:02:05,000 --> 00:02:10,240 to amend the code of ordinances, chapter two, article 11, ethics. 56 00:02:10,240 --> 00:02:11,760 >> All right. 57 00:02:11,760 --> 00:02:16,920 And then I can walk us through all the changes that are included on the backup so that we 58 00:02:16,920 --> 00:02:19,920 can discuss them individually. 59 00:02:19,920 --> 00:02:23,960 So you can all see the screen. 60 00:02:23,960 --> 00:02:29,760 So the first kind of section is to make adjustments to the code of ordinances and the rules of 61 00:02:29,760 --> 00:02:34,040 procedure as directed last meeting. 62 00:02:34,040 --> 00:02:38,560 So there's basically four language changes for you all to consider, so I'll go through 63 00:02:38,560 --> 00:02:39,840 them one at a time. 64 00:02:39,840 --> 00:02:50,480 So first one is on the screen here, and basically this change is to include that a panel -- when 65 00:02:50,480 --> 00:02:54,600 there's a submitted ethics complaint, a panel may make a recommendation to determine if 66 00:02:54,600 --> 00:03:00,480 the complaint is frivolous before -- and then it would then go to a hearing that the full 67 00:03:00,480 --> 00:03:02,400 board would discuss. 68 00:03:02,400 --> 00:03:08,840 I guess kind of some key points here is that when they make this recommendation, they haven't 69 00:03:08,840 --> 00:03:15,200 really determined if it's actionable or baseless, because that's before -- that would be before 70 00:03:15,200 --> 00:03:20,520 the -- that's why it's the recommendation to determine that before. 71 00:03:20,520 --> 00:03:28,400 It follows pretty similar timeline process to any other kind of -- like if the panel 72 00:03:28,400 --> 00:03:31,960 determined it was actionable, there would be the same timeline, right, of communication 73 00:03:31,960 --> 00:03:38,520 to the complainant and the respondent, and the hearing timeline is the same as well. 74 00:03:38,520 --> 00:03:42,000 So it would take 30 days to have that hearing. 75 00:03:42,000 --> 00:03:43,520 That would be the cutoff deadline. 76 00:03:43,520 --> 00:03:52,120 So any questions about this piece here, like in terms of the language? 77 00:03:52,120 --> 00:03:54,760 No? 78 00:03:54,760 --> 00:03:56,200 Okay. 79 00:03:56,200 --> 00:04:01,600 Then that seems like there's consensus to move forward with that language item. 80 00:04:01,600 --> 00:04:08,720 I'm sorry, are we just dealing with each red line item at a time? 81 00:04:08,720 --> 00:04:09,720 Yes. 82 00:04:09,720 --> 00:04:10,720 Okay. 83 00:04:10,720 --> 00:04:13,960 And I'm sorry, this is my first meeting to sit, but I noticed that there were some prior 84 00:04:13,960 --> 00:04:14,960 to this one. 85 00:04:14,960 --> 00:04:15,960 Yes. 86 00:04:15,960 --> 00:04:16,960 And I'm just curious. 87 00:04:16,960 --> 00:04:19,000 The board previously included direction on those. 88 00:04:19,000 --> 00:04:20,000 Okay. 89 00:04:20,000 --> 00:04:21,000 Thank you. 90 00:04:21,000 --> 00:04:22,000 Yeah. 91 00:04:22,000 --> 00:04:23,000 Thank you. 92 00:04:23,000 --> 00:04:24,000 We're just talking about the ones that are -- 93 00:04:24,000 --> 00:04:25,000 You're starting at D on that -- 94 00:04:25,000 --> 00:04:26,000 Yes. 95 00:04:26,000 --> 00:04:27,000 Yeah. 96 00:04:27,000 --> 00:04:28,000 Okay. 97 00:04:28,000 --> 00:04:29,000 Thank you. 98 00:04:29,000 --> 00:04:30,000 Correct. 99 00:04:30,000 --> 00:04:32,240 Thank you. 100 00:04:32,240 --> 00:04:38,480 Is within the hearing section, basically just to clarify that if a panel recommends that 101 00:04:38,480 --> 00:04:43,120 a hearing be held to determine if an accepted complaint is frivolous, that is a reason to 102 00:04:43,120 --> 00:04:44,120 schedule a hearing. 103 00:04:44,120 --> 00:04:49,040 So that's just kind of a technicality there. 104 00:04:49,040 --> 00:04:53,680 And just because they're both on the same page, I'll talk about C at the same time. 105 00:04:53,680 --> 00:04:55,800 And this just clarifies that. 106 00:04:55,800 --> 00:05:01,040 If there is a hearing held to determine if a complaint is frivolous, the complainant 107 00:05:01,040 --> 00:05:06,160 doesn't have to appear for that to go forward, right? 108 00:05:06,160 --> 00:05:11,760 Because typically the complainant has to appear at a hearing for it to not be immediately 109 00:05:11,760 --> 00:05:12,760 dismissed. 110 00:05:12,760 --> 00:05:14,760 So does that all make sense? 111 00:05:14,760 --> 00:05:15,760 Okay. 112 00:05:15,760 --> 00:05:19,600 Any questions or concerns about the language there? 113 00:05:19,600 --> 00:05:24,480 I did make one note on the language that I thought it was slightly unclear, not held 114 00:05:24,480 --> 00:05:30,640 to determine frivolity, the way that sentence is written, but I didn't know if anybody else 115 00:05:30,640 --> 00:05:32,200 felt that that was unclear. 116 00:05:32,200 --> 00:05:38,120 So you're saying that second, the second sentence here. 117 00:05:38,120 --> 00:05:39,120 Yeah. 118 00:05:39,120 --> 00:05:43,040 The second red line item. 119 00:05:43,040 --> 00:05:44,560 That it was just unclear. 120 00:05:44,560 --> 00:05:45,800 Slightly unclear. 121 00:05:45,800 --> 00:05:51,120 I had another option, but I just didn't know if anybody else experienced it that way or 122 00:05:51,120 --> 00:05:55,460 if that was just my experience. 123 00:05:55,460 --> 00:05:56,460 I'm sorry. 124 00:05:56,460 --> 00:05:58,160 I didn't hear you very well on what you were saying. 125 00:05:58,160 --> 00:05:59,160 Which one? 126 00:05:59,160 --> 00:06:00,160 Yeah. 127 00:06:00,160 --> 00:06:01,160 Sorry. 128 00:06:01,160 --> 00:06:06,880 The second item on four, not held to determine frivolity, that that seems slightly unclear. 129 00:06:06,880 --> 00:06:11,440 I had written something as like another option, but I didn't know if I was the only one who's 130 00:06:11,440 --> 00:06:12,440 reading it unclear. 131 00:06:12,440 --> 00:06:17,400 If everyone else feels like there's clarity there, I'm not going to break it up. 132 00:06:17,400 --> 00:06:19,560 No, I wouldn't. 133 00:06:19,560 --> 00:06:20,560 You agree? 134 00:06:20,560 --> 00:06:33,520 When I read over it, I read several times what is this actually supposed to mean. 135 00:06:33,520 --> 00:06:36,560 My concern is really, I guess, related. 136 00:06:36,560 --> 00:06:42,800 I don't think that we should be putting all the burden on the complainant. 137 00:06:42,800 --> 00:06:48,680 No other city does it like that, but there's nothing about our policy that is ... There's 138 00:06:48,680 --> 00:06:53,600 very little about our policy that is like other cities, so I guess that's just ... That 139 00:06:53,600 --> 00:06:59,720 was one of the things I would like to bring up and discuss next year. 140 00:06:59,720 --> 00:07:07,560 Why are we putting all the complainant ... In other cities, the board, the complainant makes 141 00:07:07,560 --> 00:07:11,760 a complaint and then the board takes it from there. 142 00:07:11,760 --> 00:07:22,160 They decide, they do the investigation and I think that's a much better way to do it, 143 00:07:22,160 --> 00:07:23,160 so I agree. 144 00:07:23,160 --> 00:07:30,280 I think it's confusing and I think it has a chilling effect on anybody who might want 145 00:07:30,280 --> 00:07:34,520 to make a complaint. 146 00:07:34,520 --> 00:07:42,500 Maybe that was ... I'll stop right there. 147 00:07:42,500 --> 00:07:49,240 My question is, isn't it already stated that the complainant is required? 148 00:07:49,240 --> 00:07:50,240 It is. 149 00:07:50,240 --> 00:08:04,400 So we're stating it twice in the ... Yeah, the intent with this section here was 150 00:08:04,400 --> 00:08:10,540 to basically say that if a hearing is held to determine if an accepted complaint is frivolous, 151 00:08:10,540 --> 00:08:14,920 the complainant does not have to appear, which would be in opposition to what's normally 152 00:08:14,920 --> 00:08:15,920 required. 153 00:08:15,920 --> 00:08:23,200 But that is clear in the sentence, the complainant is required to testify at a hearing unless 154 00:08:23,200 --> 00:08:26,400 it is held to determine if any accepted complaint is frivolous. 155 00:08:26,400 --> 00:08:27,400 Right. 156 00:08:27,400 --> 00:08:34,360 Therefore, the language is already clear there that the complainant has to appear for a hearing 157 00:08:34,360 --> 00:08:42,360 but is not expected to appear for a hearing that is only to determine frivolity. 158 00:08:42,360 --> 00:08:43,360 Right. 159 00:08:43,360 --> 00:08:47,640 I think that second sentence, at least in the original wording, is meant to say that 160 00:08:47,640 --> 00:08:53,160 if they don't show up, what's the consequence if they do not meet that requirement, which 161 00:08:53,160 --> 00:09:06,120 is that then the complaint will be dismissed. 162 00:09:06,120 --> 00:09:09,560 So I agree that we should ... I mean, if you have language you want to propose 163 00:09:09,560 --> 00:09:12,160 to change it, I'm totally welcome to hear that. 164 00:09:12,160 --> 00:09:13,160 Is that okay? 165 00:09:13,160 --> 00:09:14,160 Yeah. 166 00:09:14,160 --> 00:09:20,080 So what I came up with, and there's another section that has this same sentence in it, 167 00:09:20,080 --> 00:09:26,200 in the third, but we'll get to that, rather than saying a complainant's failure to testify 168 00:09:26,200 --> 00:09:32,520 at a hearing not held to determine frivolity shall be grounds for dismissal of a complaint, 169 00:09:32,520 --> 00:09:39,200 maybe writing a complainant's failure to testify at a hearing, other than a hearing to determine 170 00:09:39,200 --> 00:09:43,920 frivolity, shall be grounds for dismissal of a complaint. 171 00:09:43,920 --> 00:09:46,080 I move that we amend it to that. 172 00:09:46,080 --> 00:09:47,080 Okay. 173 00:09:47,080 --> 00:09:48,080 I second that. 174 00:09:48,080 --> 00:09:49,080 Okay. 175 00:09:49,080 --> 00:09:50,080 So let's have a vote. 176 00:09:50,080 --> 00:09:51,080 Yes. 177 00:09:51,080 --> 00:09:52,080 Do you need to say it again, or? 178 00:09:52,080 --> 00:09:53,080 You want me to repeat it? 179 00:09:53,080 --> 00:09:54,080 No. 180 00:09:54,080 --> 00:09:55,080 Did you need that? 181 00:09:55,080 --> 00:10:00,920 I was just going to ask you to send it to me afterwards, but you can go ahead with the 182 00:10:00,920 --> 00:10:01,920 vote. 183 00:10:01,920 --> 00:10:02,920 Yeah. 184 00:10:02,920 --> 00:10:03,920 So all in favor. 185 00:10:03,920 --> 00:10:04,920 Aye. 186 00:10:04,920 --> 00:10:05,920 Aye. 187 00:10:05,920 --> 00:10:06,920 Aye. 188 00:10:06,920 --> 00:10:07,920 Aye. 189 00:10:07,920 --> 00:10:08,920 Aye. 190 00:10:08,920 --> 00:10:09,920 Aye. 191 00:10:09,920 --> 00:10:10,920 All opposed? 192 00:10:10,920 --> 00:10:11,920 Okay. 193 00:10:11,920 --> 00:10:14,920 Motion is passed. 194 00:10:14,920 --> 00:10:19,200 Okay, and just to clarify, you made that motion, and then you seconded it. 195 00:10:19,200 --> 00:10:20,200 Oh, were you? 196 00:10:20,200 --> 00:10:22,680 Yeah, I guess it was a motion to bring it out, so mine was actually second. 197 00:10:22,680 --> 00:10:23,680 Yeah, sure. 198 00:10:23,680 --> 00:10:24,680 Correct. 199 00:10:24,680 --> 00:10:25,680 I think yours was the motion, and Andrea seconded it. 200 00:10:25,680 --> 00:10:26,680 Oh, okay. 201 00:10:26,680 --> 00:10:27,680 Sorry, I didn't. 202 00:10:27,680 --> 00:10:31,640 I figured yours was just the presentation of the language. 203 00:10:31,640 --> 00:10:33,680 I think she just presented it, and I made the motion. 204 00:10:33,680 --> 00:10:34,680 Yes. 205 00:10:34,680 --> 00:10:35,680 Got it. 206 00:10:35,680 --> 00:10:36,680 Correct. 207 00:10:36,680 --> 00:10:37,680 Nice one. 208 00:10:37,680 --> 00:10:38,680 Just need that for the record. 209 00:10:38,680 --> 00:10:39,680 Yes. 210 00:10:39,680 --> 00:10:40,680 Sorry. 211 00:10:40,680 --> 00:10:41,680 I'm getting names down, so. 212 00:10:41,680 --> 00:10:42,680 Okay. 213 00:10:42,680 --> 00:10:48,880 So the next piece is here, this is really just kind of reiterating some of the things 214 00:10:48,880 --> 00:10:55,940 that have already been, we already went over, clarifying that a hearing can be held to determine 215 00:10:55,940 --> 00:11:01,760 that it's, if an accepted complaint is frivolous, clarifying that they're not required to testify 216 00:11:01,760 --> 00:11:09,280 at that hearing, the complainant, and then down here, clarifying that if the complaint 217 00:11:09,280 --> 00:11:13,520 is found to be frivolous, it is also dismissed. 218 00:11:13,520 --> 00:11:15,080 Yep. 219 00:11:15,080 --> 00:11:18,920 Anyone have anything they want to say? 220 00:11:18,920 --> 00:11:23,480 Does anyone have anything they want to say about that? 221 00:11:23,480 --> 00:11:25,280 Okay. 222 00:11:25,280 --> 00:11:27,160 Yeah. 223 00:11:27,160 --> 00:11:35,040 So let me make sure there's, basically similar changes were made to the procedure's document. 224 00:11:35,040 --> 00:11:43,160 Yeah, this one here clarifies, we already kind of approved that one, unless y'all have 225 00:11:43,160 --> 00:11:49,720 any concerns about it also being in the rules of procedure. 226 00:11:49,720 --> 00:11:53,720 Just clarifying that a hearing can be scheduled if there is a recommendation from a panel 227 00:11:53,720 --> 00:12:00,680 to determine if an accepted complaint is frivolous. 228 00:12:00,680 --> 00:12:01,680 Any commentary? 229 00:12:01,680 --> 00:12:02,680 No. 230 00:12:02,680 --> 00:12:03,680 We're good. 231 00:12:03,680 --> 00:12:05,960 Okay. 232 00:12:05,960 --> 00:12:13,360 And then here again, clarifying that the complainant is not required to attend a hearing to determine 233 00:12:13,360 --> 00:12:18,960 if their complaint is frivolous. 234 00:12:18,960 --> 00:12:25,840 And then I think this is probably where you had that, we'll replace this language with 235 00:12:25,840 --> 00:12:30,200 a similar language that there was a motion on earlier. 236 00:12:30,200 --> 00:12:36,940 Do we need to formalize that or ... Yes, this is that section. 237 00:12:36,940 --> 00:12:43,560 Should we have a motion just to approve all the changes as amended? 238 00:12:43,560 --> 00:12:44,560 You can, it doesn't hurt. 239 00:12:44,560 --> 00:12:48,280 I think you're also giving direction and we're going to bring it back for a final approval 240 00:12:48,280 --> 00:12:49,280 later. 241 00:12:49,280 --> 00:12:50,280 Okay. 242 00:12:50,280 --> 00:12:51,280 I think it'll be fine. 243 00:12:51,280 --> 00:12:52,280 Okay. 244 00:12:52,280 --> 00:12:56,120 Yeah, unless you want this language in the rules of procedure to be different than the 245 00:12:56,120 --> 00:13:01,400 ones in the ordinance, then I think we're fine with the motion that was already made. 246 00:13:01,400 --> 00:13:02,400 Cool. 247 00:13:02,400 --> 00:13:03,600 All right. 248 00:13:03,600 --> 00:13:09,000 And those are all the changes, well, those are the first item. 249 00:13:09,000 --> 00:13:17,480 So the second item was the conflict of interest section. 250 00:13:17,480 --> 00:13:26,080 And this was proposed by the board of ethics chair, Laura Tomlin, to include in the conflict 251 00:13:26,080 --> 00:13:31,820 of interest definition that receipt of more than $500 and of campaign contributions from 252 00:13:31,820 --> 00:13:38,080 an individual business entity or other organization is a conflict of interest. 253 00:13:38,080 --> 00:13:44,280 So does that make sense? 254 00:13:44,280 --> 00:13:53,820 Which would then require, if there's a pending matter, the city official to recuse himself. 255 00:13:53,820 --> 00:14:00,360 That's what I've got on that. 256 00:14:00,360 --> 00:14:01,880 And are we voting on this today? 257 00:14:01,880 --> 00:14:02,880 Yeah. 258 00:14:02,880 --> 00:14:04,640 So we'll do similarly, right? 259 00:14:04,640 --> 00:14:10,560 You'll either give me direction to include it as written, to include it amended with 260 00:14:10,560 --> 00:14:16,080 different language or to not include it, if that's the way that you would like to go. 261 00:14:16,080 --> 00:14:26,360 So you mean specifically as item E this, yeah, this specific item E right here. 262 00:14:26,360 --> 00:14:29,400 Anyone have any comments on that? 263 00:14:29,400 --> 00:14:35,160 I'm having a hard time finding item E nine of the PDF. 264 00:14:35,160 --> 00:14:44,840 That's six of 20 of the actual document. 265 00:14:44,840 --> 00:14:48,240 It's in the ordinance document. 266 00:14:48,240 --> 00:14:49,240 Okay. 267 00:14:49,240 --> 00:14:50,240 Exhibit two. 268 00:14:50,240 --> 00:14:51,240 Okay. 269 00:14:51,240 --> 00:15:05,400 So do you want to take it to second, if I'm not? 270 00:15:05,400 --> 00:15:09,920 Yeah, I move that we include it as written. 271 00:15:09,920 --> 00:15:10,920 Okay. 272 00:15:10,920 --> 00:15:11,920 Second? 273 00:15:11,920 --> 00:15:12,920 All right. 274 00:15:12,920 --> 00:15:13,920 All in favor? 275 00:15:13,920 --> 00:15:14,920 Aye. 276 00:15:14,920 --> 00:15:15,920 Aye. 277 00:15:15,920 --> 00:15:16,920 All opposed? 278 00:15:16,920 --> 00:15:17,920 Okay. 279 00:15:17,920 --> 00:15:18,920 Motion passed. 280 00:15:18,920 --> 00:15:42,880 Okay, so we're ready to move on to item two. 281 00:15:42,880 --> 00:15:43,880 All right. 282 00:15:43,880 --> 00:15:48,640 So we will receive a report, hold a discussion and take necessary action regarding the potential 283 00:15:48,640 --> 00:15:53,600 creation and formalization of procedures for board of ethics members for interacting with 284 00:15:53,600 --> 00:15:55,400 members of the press. 285 00:15:55,400 --> 00:16:01,080 So just a brief history, this item was included on that original prioritization list that 286 00:16:01,080 --> 00:16:07,560 we kind of completed back in April of 2021. 287 00:16:07,560 --> 00:16:09,000 I think this is more for discussion. 288 00:16:09,000 --> 00:16:14,240 I don't necessarily have any recommendation just to see if you would like to formalize 289 00:16:14,240 --> 00:16:20,000 any procedures or make any, have any guidelines about if members of the board are contacted 290 00:16:20,000 --> 00:16:25,960 by the press, what to do in that situation. 291 00:16:25,960 --> 00:16:32,680 Is there already any kind of blanketed procedure that covers all boards? 292 00:16:32,680 --> 00:16:34,720 I thought there was. 293 00:16:34,720 --> 00:16:40,680 There's the boards and commissions handbook, but it doesn't really address this issue to 294 00:16:40,680 --> 00:16:41,680 my knowledge. 295 00:16:41,680 --> 00:16:52,680 I think I looked at it a little bit before you have that Trey. 296 00:16:52,680 --> 00:16:58,960 I think I did mention in here that the ordinance does prohibit some communication with the, 297 00:16:58,960 --> 00:17:03,880 for about some of the ethics complaints when there's confidentiality, but it doesn't really 298 00:17:03,880 --> 00:17:11,120 expand to cover this entire, everything that could be a part of potentially a member of 299 00:17:11,120 --> 00:17:19,160 the press contacting a board member. 300 00:17:19,160 --> 00:17:26,480 No, I would say other than what's determined to be confidential, that there would obviously 301 00:17:26,480 --> 00:17:32,440 be a problem if you were to divulge confidential information that's not been made public yet. 302 00:17:32,440 --> 00:17:38,040 But other than that, I mean, you're also going to be bound by TOMA rules, stuff like that, 303 00:17:38,040 --> 00:17:42,440 so you couldn't do it as a quorum, but if an individual member was speaking to the paper, 304 00:17:42,440 --> 00:17:47,740 I don't think the rules, the handbook would cover that. 305 00:17:47,740 --> 00:17:53,240 I mean, there are similar rules that you can't go and speak about things that are in an executive 306 00:17:53,240 --> 00:17:54,240 session. 307 00:17:54,240 --> 00:17:55,240 Right. 308 00:17:55,240 --> 00:18:04,000 So it seems like the confidentiality stuff would probably fall in with that, but I guess. 309 00:18:04,000 --> 00:18:09,040 So I'm trying to understand, we're trying to clarify if you were to talk to the press 310 00:18:09,040 --> 00:18:13,200 about something not confidential, like what that process would look like. 311 00:18:13,200 --> 00:18:14,200 Right. 312 00:18:14,200 --> 00:18:18,000 If the board would like there to be any procedures around that or guidelines put into place, 313 00:18:18,000 --> 00:18:24,640 and if so, what those would look like. 314 00:18:24,640 --> 00:18:29,760 Did anyone come up with anything? 315 00:18:29,760 --> 00:18:35,680 Does this come up with any of the other boards, or is this the first time this has come up? 316 00:18:35,680 --> 00:18:45,920 Not to my knowledge, but I'll admit I'm not aware of what goes on with all the other boards. 317 00:18:45,920 --> 00:18:51,780 Was this prompted by something that had occurred, or was it just, is it addressing a particular 318 00:18:51,780 --> 00:18:56,920 situation that maybe we should be aware of? 319 00:18:56,920 --> 00:19:02,200 I don't think so, like I said, it was somebody, one of the board members who is not currently 320 00:19:02,200 --> 00:19:05,000 here, submitted it as an item. 321 00:19:05,000 --> 00:19:06,000 Okay. 322 00:19:06,000 --> 00:19:17,120 Should know if there's any context that might be important. 323 00:19:17,120 --> 00:19:23,360 So I mean, can we like motion to postpone this item? 324 00:19:23,360 --> 00:19:25,120 You can postpone it. 325 00:19:25,120 --> 00:19:29,680 If we don't really want to set any procedures or guidelines up, that can also be a determination, 326 00:19:29,680 --> 00:19:30,680 right? 327 00:19:30,680 --> 00:19:34,400 Can I ask another clarifying question? 328 00:19:34,400 --> 00:19:40,040 The board member that put the point forward, is that person still a member of the board? 329 00:19:40,040 --> 00:19:45,160 Can we postpone it until that member is able to participate and give some context? 330 00:19:45,160 --> 00:19:46,160 Yes. 331 00:19:46,160 --> 00:19:49,120 So we could table it until? 332 00:19:49,120 --> 00:19:50,120 Yes. 333 00:19:50,120 --> 00:19:51,120 I think that'd be smart. 334 00:19:51,120 --> 00:19:54,760 I think that would be appropriate, yeah. 335 00:19:54,760 --> 00:19:57,000 So I move that we table this. 336 00:19:57,000 --> 00:20:03,240 Sorry, just procedurally real quick, it'll be a motion to postpone to the next meeting 337 00:20:03,240 --> 00:20:04,240 that you have. 338 00:20:04,240 --> 00:20:05,240 Okay. 339 00:20:05,240 --> 00:20:06,240 I didn't know that was. 340 00:20:06,240 --> 00:20:08,840 Yeah, technically under the rules, if it's tabled, it's just put to the side for the 341 00:20:08,840 --> 00:20:12,480 rest of this meeting, but if you don't bring it back up, it dies automatically, and I don't 342 00:20:12,480 --> 00:20:14,400 think that's what you're intending to do here. 343 00:20:14,400 --> 00:20:15,400 Absolutely not. 344 00:20:15,400 --> 00:20:16,400 So the motion has to- 345 00:20:16,400 --> 00:20:17,960 So it will be a motion to postpone to the next meeting. 346 00:20:17,960 --> 00:20:18,960 Okay. 347 00:20:18,960 --> 00:20:19,960 So moved. 348 00:20:19,960 --> 00:20:26,160 Okay, motion to postpone by member Shuck and seconded by Andrea. 349 00:20:26,160 --> 00:20:27,160 Yeah. 350 00:20:27,160 --> 00:20:28,160 Okay. 351 00:20:28,160 --> 00:20:30,800 So if we want to take a vote, all in favor? 352 00:20:30,800 --> 00:20:31,800 Aye. 353 00:20:31,800 --> 00:20:32,800 Aye. 354 00:20:32,800 --> 00:20:33,800 All opposed? 355 00:20:33,800 --> 00:20:34,800 Okay. 356 00:20:34,800 --> 00:20:37,800 Motion passed. 357 00:20:37,800 --> 00:20:48,680 We're ready to move on to number three. 358 00:20:48,680 --> 00:20:49,680 Yes. 359 00:20:49,680 --> 00:20:50,680 All right. 360 00:20:50,680 --> 00:20:54,520 So we'll receive a report and hold a discussion and take necessary ... Sorry, let me start 361 00:20:54,520 --> 00:20:55,520 again. 362 00:20:55,520 --> 00:20:58,520 Receive a report, hold a discussion, and take necessary action regarding the creation of 363 00:20:58,520 --> 00:21:03,000 a Board of Ethics new member orientation process. 364 00:21:03,000 --> 00:21:09,720 So this is a similar item where it was included on the original prioritization list back in 365 00:21:09,720 --> 00:21:17,760 April of 2021, and currently there isn't really a formal orientation process. 366 00:21:17,760 --> 00:21:24,840 All board members, as well as other city officials, are required to go through the ethics training 367 00:21:24,840 --> 00:21:30,320 annually, which I believe you've all done, and there's also the local government ethics 368 00:21:30,320 --> 00:21:32,440 in a nutshell, which is required to be read. 369 00:21:32,440 --> 00:21:37,000 That's all required by the ethics ordinance currently. 370 00:21:37,000 --> 00:21:43,560 Other than that, I tried to send out the ethics complaint process packet to new members. 371 00:21:43,560 --> 00:21:49,560 Some of y'all probably got that ... It really just got put into place in January, or sorry, 372 00:21:49,560 --> 00:21:52,440 March, I believe, yeah, March. 373 00:21:52,440 --> 00:21:57,200 It's not necessarily an orientation, but it does kind of lay out the ethics process ... Ethics 374 00:21:57,200 --> 00:22:00,180 complaint process. 375 00:22:00,180 --> 00:22:04,680 So I guess this is really a question of is there other items that y'all would like to 376 00:22:04,680 --> 00:22:13,000 see included in that process, more formal training, or anything like that? 377 00:22:13,000 --> 00:22:19,680 What I was wanting as part of this was, first meeting I came to, the only person I knew 378 00:22:19,680 --> 00:22:26,240 was Zanetta, and I didn't know the other people on the board, and I don't know y'all down 379 00:22:26,240 --> 00:22:27,600 that way. 380 00:22:27,600 --> 00:22:32,640 So I just thought it'd be nice to have some way for us to introduce ourselves to each 381 00:22:32,640 --> 00:22:42,080 other and some of our background, and just to know who the heck I'm on the board with. 382 00:22:42,080 --> 00:22:47,000 That was one goal that I thought would be nice for some kind of get together. 383 00:22:47,000 --> 00:22:50,600 And I didn't know if that has to be an open meetings thing, or it can be informal, or 384 00:22:50,600 --> 00:22:54,880 we just get in a room and introduce ourselves to each other, or what that would look like. 385 00:22:54,880 --> 00:22:58,680 - Yeah, I think certainly at a first meeting, you could do that. 386 00:22:58,680 --> 00:23:04,600 I think one of the potential problems with having an event or something that's come meet 387 00:23:04,600 --> 00:23:08,960 the Board of Ethics is we'd have to post for it, because there used to be a potential issue 388 00:23:08,960 --> 00:23:10,480 with quorum. 389 00:23:10,480 --> 00:23:18,480 We could also just have board members say, "Hello, I'm Zanetta, and this is what I do," 390 00:23:18,480 --> 00:23:21,520 and give that information to new board members, right? 391 00:23:21,520 --> 00:23:25,840 So kind of have like a welcome packet that's like, "Here are the other board members currently." 392 00:23:25,840 --> 00:23:30,040 That would require you all to submit things like that, but that's certainly something 393 00:23:30,040 --> 00:23:36,240 we could do, because that wouldn't be an issue as far as quorum or anything, just having 394 00:23:36,240 --> 00:23:41,040 here's some information about the other board members. 395 00:23:41,040 --> 00:23:44,840 - Yeah, I think that would be helpful, honestly. 396 00:23:44,840 --> 00:23:47,680 Calling people's names out right now in my second meeting, that's been a little difficult. 397 00:23:47,680 --> 00:23:52,400 So if I had a face sheet right here with what people's names were, kind of some things about 398 00:23:52,400 --> 00:23:55,520 them, I think that would be helpful with that. 399 00:23:55,520 --> 00:23:58,360 - There's no problem with that, right? 400 00:23:58,360 --> 00:24:03,120 - No, just like a list of who's on the board and what they are right now. 401 00:24:03,120 --> 00:24:05,640 No, there's not a violation with that. 402 00:24:05,640 --> 00:24:10,760 There would be a violation if we met and didn't have it properly posted, but just handing 403 00:24:10,760 --> 00:24:12,040 out a packet like that would be fine. 404 00:24:12,040 --> 00:24:13,040 - Right. 405 00:24:13,040 --> 00:24:14,040 Okay. 406 00:24:14,040 --> 00:24:15,040 Yeah, that's certainly something we can do. 407 00:24:15,040 --> 00:24:20,480 I can reach out to everybody and get that information going so that we have that information 408 00:24:20,480 --> 00:24:23,320 for our new board members, and we can give it to you all as well. 409 00:24:23,320 --> 00:24:26,360 - So you want it in a written form, not in a meeting format. 410 00:24:26,360 --> 00:24:27,360 Is that what you're recommending? 411 00:24:27,360 --> 00:24:28,360 - Correct. 412 00:24:28,360 --> 00:24:29,360 In a written form. 413 00:24:29,360 --> 00:24:30,360 - Yeah. 414 00:24:30,360 --> 00:24:31,360 - Okay. 415 00:24:31,360 --> 00:24:36,120 - I do think it would be helpful, though, just to have a few minutes when people come 416 00:24:36,120 --> 00:24:41,840 in to say who they are, because, yeah, you can read a sheet, but it's not the same thing 417 00:24:41,840 --> 00:24:48,920 as hearing someone talk and putting a face with, I don't know, I just think it makes 418 00:24:48,920 --> 00:24:56,520 it easier to talk when you feel like you know the people on the board a little bit. 419 00:24:56,520 --> 00:25:01,080 - I do want to add that as you're compiling this, keep it to biographical information. 420 00:25:01,080 --> 00:25:07,360 Don't discuss the, in that kind of setting, don't discuss the ethics ordinance or thoughts 421 00:25:07,360 --> 00:25:11,200 on issues that may become before the board, because then it could have the potential to 422 00:25:11,200 --> 00:25:15,160 lead to a walking quorum kind of situation, and we don't want that. 423 00:25:15,160 --> 00:25:17,440 So just, as you're compiling it, just keep it biographical. 424 00:25:17,440 --> 00:25:18,440 - Cool. 425 00:25:18,440 --> 00:25:21,040 I'll make sure to look for that. 426 00:25:21,040 --> 00:25:26,320 I wonder if we could also, like when we have new members on the next agenda, include like 427 00:25:26,320 --> 00:25:33,200 welcome, like a welcome to whoever, as like an agenda item, or could we just do that? 428 00:25:33,200 --> 00:25:37,360 - We could do it as an agenda item, just welcome of new members. 429 00:25:37,360 --> 00:25:39,920 We've done that with new staff members and stuff like that before, so we could do it 430 00:25:39,920 --> 00:25:40,920 for a new member of the board. 431 00:25:40,920 --> 00:25:45,980 - So we could add that as a kind of a normal procedure, right, if there's a new board member 432 00:25:45,980 --> 00:25:48,440 or more, we can include that as an item, right? 433 00:25:48,440 --> 00:25:51,480 - Give them a chance to introduce themselves to the board, then? 434 00:25:51,480 --> 00:25:52,480 - Yeah. 435 00:25:52,480 --> 00:25:56,520 I think several people have come on and haven't even been introduced. 436 00:25:56,520 --> 00:26:00,000 - Yeah, it's been kind of weird. 437 00:26:00,000 --> 00:26:04,280 - Yeah, because I would prefer that over a written thing, because then I think that as 438 00:26:04,280 --> 00:26:11,080 you're leaving, you can say, "Hi, I'm so-and-so, I'm glad you're here, and I don't, I mean..." 439 00:26:11,080 --> 00:26:18,800 - And I would like both, written and talking, because I need a cheat sheet to remember for 440 00:26:18,800 --> 00:26:19,800 the next time. 441 00:26:19,800 --> 00:26:25,560 - Yeah, I would say you can look on the city thing, and I admit I've looked on the city 442 00:26:25,560 --> 00:26:31,360 thing to see who's on and make sure I understood the names, but I just think an introduction 443 00:26:31,360 --> 00:26:37,240 with each new person, and that would be really important to you. 444 00:26:37,240 --> 00:26:43,560 - Yeah, we can include, we can do both, that's easy to do both, and then even next meeting, 445 00:26:43,560 --> 00:26:47,960 which I guess will be in January, we can kind of have a similar item, if y'all would like, 446 00:26:47,960 --> 00:26:54,080 that's like a reintroduction, here's everybody, 'cause we've had a lot of turnover recently, 447 00:26:54,080 --> 00:26:55,080 so... 448 00:26:55,080 --> 00:26:56,080 - Yeah. 449 00:26:56,080 --> 00:26:57,080 - Okay. 450 00:26:57,080 --> 00:27:15,440 - I thought the information you guys gave us whenever I joined the board was sufficient 451 00:27:15,440 --> 00:27:23,620 for me to get up to speed on what I needed to know before the first meeting, and we hadn't 452 00:27:23,620 --> 00:27:32,440 finished the packet, and I think that would be a whole lot more helpful than trying to 453 00:27:32,440 --> 00:27:37,720 dissect everything in the ordinance, so, I mean, as long as that's included for the new 454 00:27:37,720 --> 00:27:43,000 member packet, I think, I don't know what else I would've asked for. 455 00:27:43,000 --> 00:27:47,040 - I guess that I was confused when I first came on the board that the discussion that 456 00:27:47,040 --> 00:27:51,440 was happening at the first meeting, I didn't know the background of it, and I didn't wanna 457 00:27:51,440 --> 00:27:55,440 slow the whole meeting down with trying to find out what the background had been of previous 458 00:27:55,440 --> 00:28:00,920 discussions about it, and so, I thought it would've been nice if somebody had filled 459 00:28:00,920 --> 00:28:08,360 me in, although I guess you can watch the videos too, I guess I could've done that too, 460 00:28:08,360 --> 00:28:14,680 but I'm not sure if there's a way for somebody, just kinda give you a briefing on what topics 461 00:28:14,680 --> 00:28:23,800 have been discussed in the last few months, so you know where you're coming from. 462 00:28:23,800 --> 00:28:28,880 - Okay. 463 00:28:28,880 --> 00:28:32,480 And maybe also just include that if you wanna go watch previous meetings, they're available 464 00:28:32,480 --> 00:28:33,480 here. 465 00:28:33,480 --> 00:28:34,480 - Right. 466 00:28:34,480 --> 00:28:37,480 - Yeah, I think that'd be helpful, a place of reference. 467 00:28:37,480 --> 00:28:42,200 - 'Cause the meetings aren't real clear what's happening though. 468 00:28:42,200 --> 00:28:45,120 - Yeah. 469 00:28:45,120 --> 00:28:50,440 - I also think with the board turnover, it's important to realize that maybe we need to 470 00:28:50,440 --> 00:28:56,520 revisit topics that have been discussed previously because the board's new now. 471 00:28:56,520 --> 00:29:00,880 Because I know that when I first got on the board, you couldn't even bring anything up 472 00:29:00,880 --> 00:29:06,680 if the board had already talked about it, and so it just kinda makes you go, "Okay, 473 00:29:06,680 --> 00:29:17,000 I won't talk," so, anyone else? 474 00:29:17,000 --> 00:29:20,320 - No. 475 00:29:20,320 --> 00:29:23,640 - Okay. 476 00:29:23,640 --> 00:29:36,040 - That's the last thing on the agenda. 477 00:29:36,040 --> 00:29:40,080 - Do we need to vote on that? 478 00:29:40,080 --> 00:29:42,080 - I think, let me just summarize the direction. 479 00:29:42,080 --> 00:29:43,080 - Okay. 480 00:29:43,080 --> 00:29:47,920 - So, the things that I've heard were compiled kind of like a, "These are the board member 481 00:29:47,920 --> 00:29:52,720 biographical information packet to give to new board members," so I'll reach out to all 482 00:29:52,720 --> 00:29:56,560 of y'all to get that information. 483 00:29:56,560 --> 00:30:01,800 Whenever there are new board members, include an item on the agenda for introductions, and 484 00:30:01,800 --> 00:30:08,520 also do that in January, which will be the next board meeting, and then also, for new 485 00:30:08,520 --> 00:30:14,040 board members, include maybe a little brief information on what the last couple of meetings 486 00:30:14,040 --> 00:30:22,120 has been discussed, as well as a reference to where old meetings can be seen and re-reviewed. 487 00:30:22,120 --> 00:30:24,520 So, I think that's it. 488 00:30:24,520 --> 00:30:26,320 Did I miss anything? 489 00:30:26,320 --> 00:30:27,320 - No. 490 00:30:27,320 --> 00:30:30,320 - All right. 491 00:30:30,320 --> 00:30:36,880 I think that's the direction, so I don't think we need to take a vote on that or anything. 492 00:30:36,880 --> 00:30:37,880 - Okay. 493 00:30:37,880 --> 00:30:38,880 - So. 494 00:30:38,880 --> 00:30:39,880 - All righty. 495 00:30:39,880 --> 00:30:40,880 So, are we good? 496 00:30:40,880 --> 00:30:41,880 Anything else? 497 00:30:41,880 --> 00:30:42,880 - Yeah. 498 00:30:42,880 --> 00:30:47,640 I think now you just have to say, "We're adjourned." 499 00:30:47,640 --> 00:30:48,640 - Okay. 500 00:30:48,640 --> 00:30:49,640 All right. 501 00:30:49,640 --> 00:30:52,720 So, Board of Ethics meeting adjourned, 3 31 p.m. 502 00:30:52,720 --> 00:30:55,360 - Thank you.