WEBVTT

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 >> All right, ready?

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 All right, hello, welcome to this meeting,

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 special call meeting of the Board of Ethics.

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 It is Monday, March 13th.

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 It is 5.30 p.m. We have our full panel.

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 And the first order of business is for the panel

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 to select the presiding officer.

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 Hand it over to you all.

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 >> And I said I wouldn't do it before.

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 >> I would love for you to do that.

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 I was going to nominate you since you were vice-chair

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 in the past.

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 >> Yep.

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 >> I don't think we need to -- do they need to have a motion?

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 >> If you can say if there's no objection,

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 Hannah will serve as the chairman.

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 >> If there's no objections, I will --

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 Hannah, you can take over as presiding officer.

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 >> Excellent.

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 All right.

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 And then how are we running this one?

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 Just same --

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 >> Yeah, I think just call the first item and then --

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 >> Okay, great, thank you.

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 So we have item for consideration, BOE 23-017.

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 It says 001.

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 >> That's the item number.

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 This is the advisory opinion number.

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 >> Got it.

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 Request for advisory opinion number 23-001,

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 received February 28th, 2023 from Council Member McGee,

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 concerning potential acceptance of a gift, applicability

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 of exceptions, and disclosure recommendations.

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 Okay, so we need to discuss the request

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 for the advisory opinion.

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 >> I can't hold the request.

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 >> Yeah, thank you.

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 Sorry, I didn't download it.

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 I thought -- didn't --

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 >> I didn't say that.

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 >> -- nominate myself and then not download this, so my bad.

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 >> You're good.

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 >> So do you want me to read the email in its entirety or --

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 >> I think this is the best summary of it.

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 >> Okay. So I believe we've all read it.

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 >> Yes.

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 >> Do you want me to read it aloud?

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 >> I don't think you have to.

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 >> Okay.

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 >> It's posted.

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 >> Great. So discussion -- yeah.

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 Do you want to summarize it?

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 >> Yeah, I went through this and it's --

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 the request is for an advisory opinion regarding accepting

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 transportation to the All In for Equality Advocacy Day

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 at the Texas Capitol.

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 And I think the date is the 30th, is that right?

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 >> I think it's the 20th or something along the line.

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 >> Twenty -- it's a week from today.

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 Yeah, March 20th, 2023.

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 And so I think the question is does this fall

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 under the ethics ordinance under accepting a gift?

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 And that's why Councilmember McGee asked

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 for an advisory opinion.

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 And I looked at this -- I looked at the request.

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 I looked at the event publication.

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 It's put on by Equality Texas.

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 And on their website, they list themselves

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 as a 501(c)(4) nonprofit.

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 And the event announcement lists itself as a community event.

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 And in our ordinance under exceptions,

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 this is Section 2-273(b)(5)(C) under exceptions.

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 It lists acceptable exceptions as meals, lodging,

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 transportation, or entertainment furnished in connection

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 with public events, appearances, or ceremonies related

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 to official city business, nonprofit functions,

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 or charity functions, or community events if furnished

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 by the sponsor of such events who is in attendance.

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 So unless I'm missing something, it seems like this event falls

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 under the community events part of Paragraph C. It's

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 by a nonprofit organization.

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 And this would be accepting transportation provided

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 by the event sponsor, which falls directly

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 under that exception.

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 I don't know if you guys saw something different in this,

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 but I mean that's what I could find on the website listing

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 about the event and the organization sponsoring

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 the event.

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 So this would fall under the exception guideline under gifts.

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 >> We know that I'd like to ask just to make sure

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 that I understand correctly.

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 It is transportation only that the question is about, correct?

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 There's nothing else involved other than the transportation

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 from Denton to Austin.

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 >> That is my understanding.

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 >> And the only other question

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 that I would have was this offer and gift of transportation made

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 to any other council members or other members of the community.

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 >> I believe that the event website says it's any

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 transportation for anybody is available.

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 >> And that is what I thought I read when I was looking at it,

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 is that there was more or less a car tour,

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 whatever you want to call it, organized to get people

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 from different places to the event.

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 >> Yeah, I don't know if it was specifically offered

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 to other council members.

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 >> Okay. All right.

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 >> Yeah. I mean, from what I saw on the website,

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 it was publicly available to accept transportation,

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 regardless of your position in the city.

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 I could access that, so I could have signed up.

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 And I think even if it were, I think it would still be,

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 I think it would still fall under that exception,

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 regardless of what it was.

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 And since it's a community event and not a ticketed event,

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 it falls under that exception.

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 And I just wanted to double-check on that,

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 because that is how, when I looked at the website,

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 it looked like it was an open event, it wasn't ticketed,

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 there was nothing, there was nothing other

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 than just a community event.

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 So yeah, that was my impression when I saw it,

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 when I looked at the information.

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 >> So, it sounds like we have consensus.

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 Do you need us to like call a vote,

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 or how do we offer that advice?

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 >> Yes, take direction.

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 >> Do you need direction?

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 >> I would think, so you have to issue an advisory opinion,

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 so I think you would want to make a motion or have a vote,

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 certainly, to issue an advisory opinion to some extent,

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 in some direction, does that make sense?

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 >> I move that we draft an advisory opinion stating this

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 would fall under the exceptions portion of the give section

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 of the ordinance, and there's no conflict

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 of interest because of that.

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 >> Do I have a second?

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 >> I second that.

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 >> Okay, so all in favor?

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 >> Aye.

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 >> Opposed?

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 It passes unanimously.

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 Do you need me to re-say what Dustin said, or you got it?

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 >> What I heard was that you made a motion

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 that this would fall under section B,

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 exception of letter C?

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 >> Yes.

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 >> Under the give section of the ethics ordinance,

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 and as such would be an exception to the ordinance?

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 And she seconded it, and then it was C&S?

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 >> Yes.

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 >> And to write an advisory opinion to that?

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 >> Yes.

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 >> I believe there was a question

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 about if a disclosure was required as part of this.

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 I mean, I think that goes back to our last meeting.

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 Done.

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 >> I don't think we've created anything

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 that requires either way right now.

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 It's still in limbo from my understanding.

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 So the disclosure, like a formal disclosure,

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 is that the question?

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 I mean, the way this reads now is that disclosure is only

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 required if the city official has a conflicting interest

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 in a pending matter, and since this is an exception,

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 there's no conflicting interest, right?

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 I think there was a question at the last meeting was do we --

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 does there have to be a disclosure if there --

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 if it does fall under an exception?

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 >> Right. That has not taken effect yet, though, so.

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 So I think -- and we -- part of having that entire section --

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 proposal is it's not clear if disclosure is required, so.

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 >> Okay. So we would need to advise whether

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 or not disclosure was required based on our interpretation

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 of this is what I'm understanding?

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 >> I think you can give -- you can give, yeah,

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 advice on whether the council member should disclose this

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 acceptance or not.

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 >> Based on what's written right now,

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 I don't believe there's anything to say

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 that it needs to be disclosed.

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 >> That's my opinion.

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 >> Yeah. So again, I think we're consensus-y on that,

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 but should we motion to get a vote?

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 >> I think so.

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 >> Any motion that there -- in the disclosure?

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 >> I will make the motion that we --

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 that there is -- based on our reading, there is no need

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 for disclosure based on the ordinance at this point.

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 >> I second that.

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 >> So all in favor?

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 >> Aye.

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 >> This is your name missing.

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 The advice would be to not need to disclose.

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 >> I'm just going to pull up the received request again.

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 >> So when you have your opinion written --

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 and my name is Dorothy Colombo.

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 I'm with the Vortez Law Firm.

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 I'm the special counsel for your meeting.

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 So when you're writing your opinion on the section

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 of disclosure, do you want to make a simple statement

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 that the ethics ordinance does not require disclosure

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 at this time?

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 >> Yes.

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 >> I believe that addresses the questions.

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 Do you agree?

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 >> Yes. The only other thing we looked at was whether the value

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 of the transportation was less than $50.

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 And in these types of groups that take people to the Capitol,

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 typically by bus, and we did find two values

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 for bus transportation from this area to Austin.

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 One was on mega bus, it was less than $50.

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 And the other was on the Flix bus, it's also less than $50.

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 So since you already decided that it's under your 273B5C

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 portion of the ordinance, you don't have to put

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 that in there, but if you so choose, you could also look

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 at the value of the transportation.

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 >> So that -- but that value doesn't apply

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 since it's an exception?

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 >> Right. So the way I looked at it was if you found the value

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 of the transportation to be under $50,

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 the ethics ordinance doesn't apply.

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 But however, if the value of the transportation is over 50,

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 then section 273B5C would apply.

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 So you could put both of those things in your opinion

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 or just the one that you voted on.

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 >> Which I would like to add.

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 >> I think it would be harder.

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 >> Yeah, I don't think it would --

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 I don't know that it's necessary since that falls

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 under an exception, but I have a problem including

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 that the council suggested that the value is --

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 the value of the travel is less than $50.

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 >> My only concern with including

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 that would then potentially create precedent that if it was,

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 it were $50, now we've created something

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 where there's this loophole of if it's over $50,

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 but potentially an exception, does that now cause

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 like a disclosure thing to fire?

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 So that's my only concern about including it.

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 >> So the disclosure doesn't apply regardless

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 of whether it's under 50 or over 50.

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 And for the gifts disclosure, and I used

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 to be the senior assistant city attorney in Denton

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 from the years 2000 to 2005.

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 And there was always --

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 council would always just voluntarily file if they received

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 a gift, and as a disclosure, I don't know what the current

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 practice is for that gifts disclosure form.

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 It was always voluntary.

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 >> Yeah, the current practice is we have a gifts disclosure form.

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 There's nothing that requires it clearly in the code.

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 So sometimes they file -- they disclose a gift, or sometimes --

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 I mean, I don't know if they don't disclose it, right?

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 >> Yeah, so it's typically a council choice

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 for transparency, but it's not required.

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 >> So maybe in our advisory opinion, we can say

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 that it is not required according to the --

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 because it falls under exceptions,

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 and leave it to councilmember McGee to choose to file

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 on affidavit stating that it accepted this.

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 I don't see why that would be required at all.

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 >> It's voluntary, whether they want to do that or not.

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 >> So would it be -- would you advise to just put it in there

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 that if he chooses to disclose that we found also

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 that the baton was less than $50 and --

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 but still disclosed it for full transparency if he chooses to?

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 >> So the way that I would word it is voluntary --

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 let me call that one.

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 >> The gifts disclosure?

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 >> Yeah, affidavit -- it's on your website,

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 affidavit regarding gifts received.

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 That's typically the form.

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 So you would say in the paragraph

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 that no disclosure is required under the ethics ordinance

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 at this time, and you would go on to say however the councilmember

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 is -- may file the affidavit regarding gifts received.

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 >> I like that personally.

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 I find it -- I find it just because it is an ethics question

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 and a transparency, you know, airing on the side

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 of being more transparent and less transparent,

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 I think is always something we should look for,

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 but at the end of this is towards right, but you can remind

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 him of that availability.

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 >> Yeah.

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 [ Inaudible ]

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 >> Do you need a motion for that?

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 >> The chairman can say if there's no objection we'll add that.

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 >> Yeah, if there are no objections we can add that.

00:15:58.320 --> 00:16:02.720
 [ Inaudible ]

00:16:02.720 --> 00:16:06.960
 >> And so in directing your opinion, do you want to make a

00:16:06.960 --> 00:16:10.160
 motion to include if the value of the transportation is found

00:16:10.160 --> 00:16:15.460
 to be less than $50, then the ethics ordinance would not apply?

00:16:15.460 --> 00:16:20.240
 Or do you want to leave that out?

00:16:20.240 --> 00:16:27.280
 >> I -- so my feeling towards it, just since this is already

00:16:27.280 --> 00:16:33.620
 a discussion, I don't know if I want to add any more calls

00:16:33.620 --> 00:16:38.060
 to the fire right now on that one, just to keep it simple

00:16:38.060 --> 00:16:43.460
 with section 5C and leave it there,

00:16:43.460 --> 00:16:45.620
 I think would be my preference,

00:16:45.620 --> 00:16:47.600
 but I don't know if you all have any discussion

00:16:47.600 --> 00:16:49.060
 on a different preference.

00:16:49.060 --> 00:16:50.940
 >> Okay, I agree with you.

00:16:50.940 --> 00:16:54.300
 >> And I will go with -- I could have been swayed, but if both

00:16:54.300 --> 00:16:56.740
 of you -- if both of you feel that that's the way to go,

00:16:56.740 --> 00:16:59.080
 then I'll go -- I'll go with the clear thought.

00:16:59.080 --> 00:17:05.080
 I wouldn't think we need a motion to not do so.

00:17:05.080 --> 00:17:06.580
 >> No, no.

00:17:06.580 --> 00:17:14.460
 So the advisory opinion is going to be limited to section 273B5C

00:17:14.460 --> 00:17:18.960
 and then the last part of the opinion will deal

00:17:18.960 --> 00:17:21.700
 with whether disclosure is required

00:17:21.700 --> 00:17:23.460
 and that disclosure is not required

00:17:23.460 --> 00:17:24.800
 under the ethics ordinance.

00:17:24.800 --> 00:17:29.140
 However, council member chooses that council member can file

00:17:29.140 --> 00:17:31.740
 that half a day if the recording gets.

00:17:31.740 --> 00:17:33.240
 >> Yes.

00:17:33.240 --> 00:17:50.220
 >> So it is 546 and the meeting is adjourned.

