WEBVTT

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 vice-chair until you're not. This is Monday October 2nd 2023 at 5 30 p.m. I'm calling the

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 Board of Ethics to order and our first item is item A BOE 23-37 receive nominations and hold

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 an election of a chair and vice-chair. I mean I'm fine if we want to postpone it. Madam Chair if I

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 could ask we have three members that are actual members we have two alternates. I personally would

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 concur with your thoughts in holding off until the next meeting and really push to have

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 the members here. The alternates get to vote of course but I think no offense to anyone but I

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 would like to see us have another one and do you need a motion Madam Chair or Madison for that?

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 I won't do that yet because if some may not think that way so

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 someone else wants to make a motion I'm about to second it or I'll make it but I don't want to

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 push anything. I would agree and I would second that motion if you were to make it. Madam Chair

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 that I move that uh do we call it by its BOE number? Just a motion to postpone. Okay then

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 I move that we postpone the nominations and hold the election for the chair and vice-chair until next

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 scheduled meeting. And that would be November 6th. Thank you.

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 I second that. Okay so um the motion is on the floor to postpone the um the nominations and

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 election of the chair and vice-chair until the next meeting which would be November 6th. Okay

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 so all in favor. Aye. That was unanimous. Okay um the second item the BOE 23-038 consider approval

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 on minutes for August 7th 2023. Do I hear a motion? I motion to accept it. Second. Okay

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 so all in favor of approving the minutes from August 7th. Aye. Okay now we're on to training.

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 I wonder if we should can we postpone that too? Uh we can. I believe I think so yes.

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 I have a question. Is the training available online or is that part of it?

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 Not yet. I'm working on that. Yeah I mean it once it is held it will be available to go back and

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 watch so. So we have two full members who couldn't be here tonight or three. Is Justin's team? Yes

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 three. So three. I I would entertain that motion. I move to postpone the training until more members.

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 Okay Patricia Brinke has moved to postpone the training until the next meeting.

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 Is there a second motion? Seconded. Okay question. Yes. How is the training presentation is that

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 different from the video that we published? Yes so um that because of the changes that remain to the

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 ordinance that training is no longer completely original training is no longer completely accurate

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 so I've created a new training that's updated it's shorter um and we reviewed it uh in June I

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 believe with the board before it kind of went into effect it's been given to the city council

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 and it's going to be given to the other city officials this month as well so. Then I think

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 that's a great idea. So we're ready for our vote to postpone the training um BoE 23-39 to next month.

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 All in favor? Aye. Let's unanimous.

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 Okay.

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 All right. I was fast. So we're moving on to item D BoE 23-040. Receive a report hold a discussion

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 and take necessary action regarding the ethics complaint process detailed in the code of ordinances.

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 So um so I don't have a presentation exactly but it took the direction I believe I was given

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 last time and tried to make changes to the ethics ordinance as well as the rules of procedure

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 to reflect the removal of the burden of proof section as well as um allow for the board to

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 request the complainant and or respondent gather additional evidence prior to an

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 evidentiary hearing being held. Um this uh chart is supposed to try to visualize the difference in

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 the the new process based on those changes and then this table is supposed to compare the current

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 procedure to the proposed procedure um as best as possible. So I can pull up the red lines um and then

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 this is really just for your consideration what you would like to do further based on

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 y'all's previous discussion. Okay I see that first chart. And I think the big difference is

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 it kind of necessitates the board to have a preliminary hearing if they would like to

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 have additional evidence at this point. What are your reactions?

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 I like it. Yeah I think it looks good.

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 It's the same it's the spirit of what we talked about. Yes yeah yeah.

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 Could we see the other screen please I'm sorry.

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 That's nice. I like it. Is anybody is there any more discussion that we need to have about it?

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 Does this go before the council now? Oh when we when we have several recommendations to make

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 we'll go before the council. Right it's one that still has to. Right yeah so historically we've

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 taken a packet so several potential amendments to the city council we would likely could take them

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 one at a time. That's a lot of work. I mean it's it's kind of either way it's going to be different

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 kind of massive work. I wouldn't recommend against that honestly. So yeah it's really what y'all would

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 prefer but yes it does have to go before the city council in order to be adopted into the ordinance.

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 So is anybody ready to put a motion on the floor about... Could we just have a quick look at the

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 red lines? Sure. Here this is all that has really changed in the ethics ordinance is just removing

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 this and then you guys had discussed wanting to make sure this was clear that another it didn't

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 have to be legal counsel on the ethics ordinance so I just added that. Okay. And then in the rules

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 of procedure is more where it's been. Yes.

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 So here it's trying to clarify that you can the board of ethics during the summary hearing

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 can request that additional evidence and put out a timeline for that. So after that hearing

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 I would be responsible for sending those additional requests to the complainant and respondent

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 and then also I'll be available to facilitate any open records request submissions and then

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 the rest of these are really to try to make more clear that the complainant is not required to

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 attend anymore. You can't just dismiss a complaint because the complainant hasn't attended the hearing.

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 This is a little clean up because I don't used to be accused but now it's responded

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 and then removing this section it was kind of confusing honestly and then just trying to clarify

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 opening state really wasn't that table so I could yeah.

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 And then also removing the burden of proof section from this the rules of procedure as well.

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 So I can go to a specific part if you'd like to look at it I know it's kind of a long.

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 And the rest is just remembering right yeah yeah.

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 I like the in the opening statement has changed the shower to may.

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 Any other questions or applications or comments?

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 It's good don't you think? I like it do you want to.

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 I'll make a motion that we accept the changes. Was there a speaker for this item?

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 Yeah I think so. Oh okay. Is this the? Yes. Yeah I'll have that couple things to say. Okay.

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 So I guess if you will come forward and state your name and

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 your four minutes. That's four minutes right? Your four minutes will be.

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 I know that I did I ran out of paper that's part of why I was why I was running late so

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 I don't have enough for everybody but I do have enough for a couple.

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 This sounds like it's a complaint. Yeah that is. I don't think that this is the time.

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 Well are you speaking on the? Yeah I know I'm here about this item but that was

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 I wanted to distribute that while I was here. So we have two items from you? Sure why not.

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 Well so they asked if there were any speakers on this item that's why I'm here and so while

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 I came up I was just distributing this other. And that's fine we'll just hold on to this but

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 we can't speak on this item because we're not posted for this we're only posted for this item.

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 So we can only have discussion. I'm going to talk about about the. Sure. Sure yeah and that's fine.

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 So no names no complaints about anybody in particular. No is that is that is that a normal

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 thing that. Yeah we don't the complaints go through the auditor. Okay so so we can't talk to the public

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 about complaints that we have relative to you know public welfare in general. That there's a procedure

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 for that and it starts with the auditor. Okay I mean I just yeah seeking clarity is all. I just

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 want to be consistent and fair. No absolutely and I certainly want to be fair too I you know

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 we'll leave it at that. And I did forward this email to you guys so all of y'all or I forwarded

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 it to the secretary so all y'all should have it at least by tomorrow. Okay there's just a couple of

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 things in here relative to changes that are being made. Why are we changing from abstain abstain

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 or abstainment to abstention. A couple of this this really I was actually more prepared to speak

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 on this. Generally I oppose any changes to our especially our code of ethics right now

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 because I think there's some surreptitious agendas that are acting under the surface. And so without

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 any offense being intended toward you all. Okay we've got some big issues relative to the life

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 for the average person in the city. Okay that complaint that I I'm making now after 10 months

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 is relative to a testimony that I gave January of this year. Okay and so I've waited for that

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 individual for months and months to do what is what I consider the right thing and they didn't

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 do it. And so for that reason I'm going to ask you guys to oppose any changes being adopted because

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 I don't believe that y'all are aware of the true affect that that's going to have for our community.

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 Okay and then that's all I'll say on this. Okay thank you guys. Thank you.

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 I I may. Sure here you can actually have this my copy. I don't need it thank you.

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 I'm talking about I just want to talk about what you said on the podium. So what you see up there

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 you're opposed to. From from looking at from looking through this is I printed out y'all's

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 agenda. Yeah I'm opposed to any changes any substantive changes to the procedure for the

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 Board of Ethics right now. Absolutely. And you're opposed to it because of some but there is

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 activity going on that we're not aware of. If you are aware of it now and. I'm not aware of any.

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 Okay well I mean you just touched the document you're aware of. So well so I mean it's the same

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 as being served. I mean that we're dealing with technicalities that are being hidden by attorneys

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 and it's stuff that it goes it does affect every individual living in the city. And so the stuff

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 that I'm seeing substantively why what's the definition for the word abstention. What's the

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 definition for the word abstainment. Why is that change necessary to make in a public in our records.

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 Why is that necessary at the city level. Okay and so the these if it's just a you know common usage

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 and we'd be talking about something different but that's not what we're talking about. We're

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 talking about intense and we're talking about people changing the form of testimony. What you

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 know the there's a procedure in here that is essentially blotted out that the complainant

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 says something first and then the or respondent or defendant whatever you guys want to call it.

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 Says something next and that needs to be in there. You know we need to have that articulated. Not

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 that it may happen but it shall. Okay and these are that answered my question. Thank you. Yeah.

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 Okay thank you guys.

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 We would have to go into a closed session to discuss legal issues.

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 I think it would depend on what they are.

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 It would as long as it's an item. I don't know that we have anything posted that we

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 would allow for an enclosed session at this point.

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 So I have a question for the rest of what he wanted to talk about. Would that be considered

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 an ethics complaint and that would be filed that way or what what was the procedure he would want

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 to do to talk about the rest of what he had to present? What is the procedure for him? So in

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 order to file an ethics complaint there's a specific form that you have. I mean is that what

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 that is? Is the rest of it was an ethics complaint? It's intended my understanding is it's intended to

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 be an ethics complaint. It's not currently on the correct form so I will work with him. So you work

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 with him to get him. Yeah. It's supposed to be authorized as well. I think that's some property

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 we need to follow the procedures that we have. So can I make a comment on one of the comments that

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 Mr. Dillenberg made? I believe so. If it's on the posted item. Yes it is. So my understanding

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 and I'm an alternate on this board but I watch all of the meetings but these changes are not

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 necessarily generated by the city council members. They are generated through the discussion of the

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 board with the goal to make it as easy as possible on the complaint to come forward with a complaint

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 to be heard to have the evidence that they need and to support their complaint so that we have

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 the information to make an determination. My understanding in terms of how the city council

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 can propose their own changes without the board of ethics but the board of ethics in order to propose

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 a change that comes from us. And this this process there's been a number of meetings and a

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 number of discussions about this their issue with the goal of making it easier to complain and not

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 it's not harder. I don't know if I should say anything. If you have a response. Should I go

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 back up there? Yes. Okay. I appreciate that very much. I think that's something that I'm thankful

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 that you guys have that in mind and I've always seen that when I watch y'all's meetings but there's

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 a lot of stuff going on and this complaint that I made is just kind of one of a number of things.

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 That's a different issue. Anyway I agree and so my point in saying that I don't agree with it is

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 and where I don't necessarily argue that that you guys aren't doing that maybe by intention I think

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 that it needs to be a like certain responsibilities need to remain with the complaintant like being

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 present for the meeting you know you guys struck that part said if he's not if they're not here

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 then the complaint is dismissed. I don't have any problem that as a general member of the public

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 with only you know the interests of myself and my fellow man obviously as an American and as a text

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 I think we care about each other generally and and so in saying that you should be here to present

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 your complaint if you're going to be complaining against someone on allegations that are relatively

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 serious in most cases. So again any substantive changes I'm just not having any favor of right

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 now especially until some of this other stuff comes to light. It's Gandhi's birthday today so

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 happy birthday Gandhi. Here's to a better world and hopefully you guys will at least wait on this for

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 now until you guys have a chance to review the rest of this stuff and and see what I'm talking

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 about okay. All right and I apologize for no notice. I waited until the last minute for this

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 person's behalf. It was for no other reason than that that I wanted to give them every chance that

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 I could to do something about it before I came and yes. All right thanks so much.

00:20:41.840 --> 00:20:53.680
 How many questions? All right call the question. Okay so is there a motion on the board because I

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 did not think there was. I thought there was a motion. I actually started the motion but then

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 okay we moved. Okay so let's lay the motion on the floor and then we'll we'll vote on it. I move

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 to accept the changes to the code as we discussed in previous meetings and presented by Madison.

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 Is there a second? I second. Okay so Andrea has made the motion to approve the proposal for BOE

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 041 and Deborah seconded. So all in favor. Do we have any discussion or anything? Any discussion?

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 Do you want this? I just want to make sure in case you wanted to say if you wanted to

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 postpone this vote too. I think we're ready to vote. I think we heard enough of you heard evidence.

00:21:52.480 --> 00:21:59.920
 We spent a lot of time talking about this at the last meeting and several other meetings actually.

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 Yeah and I'm going to abstain just because I haven't been okay. This is my first meeting in

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 several months. So all in favor. Andrea, Deborah, me, Rob. Rob is four and Patricia is abstaining.

00:22:20.000 --> 00:22:34.400
 Okay this last item BOE 23-041. Discuss future meeting topics. Once again I think we might want

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 to postpone it until we have everybody here. I would appreciate some direction on what you

00:22:42.960 --> 00:22:48.480
 would like to see at the next meeting. Okay yes because we know there's going to be the election.

00:22:48.480 --> 00:23:01.440
 One thing that I would really like to consider adding would be consider looking at the code of

00:23:01.440 --> 00:23:09.760
 ethics that the city employees have because it's quite different from the one that we have for city

00:23:09.760 --> 00:23:17.840
 officials and my concern with it is the one for city officials is actually a pretty good code.

00:23:17.840 --> 00:23:22.800
 In my opinion this one is not. It's very weak. There's a lot of

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 holes in it which we're trying to knit together but I'm not asking. I want to make it clear I

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 would not want to. The city manager would have decisions over city employees but I think there

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 could be a real problem if a city let's say a city council member asks an employee to do something

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 that is a violation of their code of ethics which is actually a bit more strict.

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 Then what do they do? Do they go with what the council member is asking

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 and violate their own code of ethics or do they say no and possibly face some kind of

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 get fired lose their job. I do think that there would be great benefit for both groups having

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 the same thing and it's been a while since I've read that code but I thought it was pretty good

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 when I did read it. So I would like to put that on the list and I would like to maybe

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 reorder these things. Here's all of the items that are currently on the list before this meeting.

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 I guess I'm not quite sure what you would like me to bring back as far as the city

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 ethics policy. I think probably we need to just have a very big discussion next time about what

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 the order is and you know some of this stuff is a couple of years old and I don't know if it's

00:24:55.760 --> 00:25:05.120
 as important so we're getting new board members in I think that we should weigh in on and plus add

00:25:05.120 --> 00:25:13.680
 new things and then so I would just say go back to the drawing board at the next meeting about

00:25:13.680 --> 00:25:22.080
 you know what the order is. So I have an objection to that because I know a lot of discussion has

00:25:22.080 --> 00:25:32.960
 gone into these topics already and some resolution I think some of them will be good. I think to

00:25:32.960 --> 00:25:38.880
 start all over again is to throw out the valuable work that prior members have done. Okay. So

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 for next month Madison you have something on financial thresholds,

00:25:46.080 --> 00:25:51.200
 definition of pending matter, that is a big one. That's a big one. Yeah.

00:25:51.200 --> 00:25:59.440
 So I actually wanted, I'm sorry. Oh go ahead. I was actually considering the same question is

00:25:59.440 --> 00:26:05.040
 going back to those changes that we had submitted before and kind of like because we had discussed

00:26:05.040 --> 00:26:12.080
 that there was a potential that we can resubmit, like revisit them, go over them and then

00:26:12.080 --> 00:26:17.680
 resubmit them to the City Council which especially since we're just adopting something else I think

00:26:17.680 --> 00:26:24.800
 at this time if we were to go and revisit those items that were not considered by the City Council

00:26:24.800 --> 00:26:33.280
 and look at those topics and build a package over the next couple of months that could be submitted

00:26:33.280 --> 00:26:38.480
 to the City Council maybe in January. I mean I don't want to make a tight one but like

00:26:38.480 --> 00:26:43.840
 because that was something that I was missing the last couple of meetings is that we never

00:26:43.840 --> 00:26:52.000
 went back to once the City Council came back to us with no direction on those on those changes.

00:26:52.000 --> 00:26:59.760
 Yeah these are the ones that got put on the list after that basically they're revisiting those

00:26:59.760 --> 00:27:06.560
 topics that we discussed. So looking at the calendar I was looking I was thinking that if we

00:27:06.560 --> 00:27:13.360
 we're obviously having to move the election down to November and we're moving the ethics training

00:27:13.360 --> 00:27:19.040
 down to November so maybe we can keep like the definition of pending matter. I think that's going

00:27:19.040 --> 00:27:26.160
 to be a big long topic and then the rest I think should be put in a list and then we decide what

00:27:26.160 --> 00:27:32.880
 the order is because there's a new there's new members and I want to have everybody involved.

00:27:32.880 --> 00:27:38.480
 So I would be really good with that because I think the pending matter is going to be

00:27:38.480 --> 00:27:45.200
 could be a lengthy discussion. And if it pushes to have members here in November

00:27:45.200 --> 00:27:54.560
 I think that's a good time to give into that. Yeah so the direction I'm hearing is next meeting

00:27:54.560 --> 00:27:59.680
 we'll have the minutes obviously the election of chair and vice chair the ethics annual ethics

00:27:59.680 --> 00:28:04.960
 ordinance training a definition of the beginning of the definition of pending matter discussion

00:28:04.960 --> 00:28:09.120
 and then perhaps like 10 minutes dedicated to future meeting topics instead of our usual five.

00:28:09.120 --> 00:28:17.600
 One other thing that I wanted to consider would it be possible kind of out of difference to staff

00:28:17.600 --> 00:28:25.200
 to have our meetings during the day or? It is possible. Because I know that I know that you

00:28:25.200 --> 00:28:34.080
 and Tammy have to stay late and Scott knows too. I can add a discussion of the meeting schedule

00:28:34.080 --> 00:28:47.920
 the next year. I think we need to do that anyway. Okay so I can add that to the agenda for next month.

00:28:47.920 --> 00:28:57.360
 So it sounds like that concludes the item 041 and so is that correct has everybody had the

00:28:57.360 --> 00:29:06.160
 chance to speak about that? Okay so this meeting is adjourned at 5.59 p.m.

