1 00:00:00,000 --> 00:00:02,060 And it's 5.30. 2 00:00:02,060 --> 00:00:11,580 >> Okay. So it is 5.30 p.m. on Monday, January 8th, 2024, 3 00:00:11,580 --> 00:00:14,480 and this is the Board of Ethics meeting. 4 00:00:14,480 --> 00:00:18,640 So we're going to start, we do not have any presentations 5 00:00:18,640 --> 00:00:21,280 from members of the public this evening, so we will move 6 00:00:21,280 --> 00:00:24,560 on to our items for consideration. 7 00:00:24,560 --> 00:00:30,440 We do have everyone, everyone is present, 8 00:00:30,440 --> 00:00:32,900 everyone that's on the board. 9 00:00:32,900 --> 00:00:36,800 So we have a full board and a full agenda for tonight. 10 00:00:36,800 --> 00:00:43,280 So item A is BOE 24-001, consider approval of minutes 11 00:00:43,280 --> 00:00:45,580 from December 4th, 2023. 12 00:00:45,580 --> 00:00:49,680 Do I hear a motion to that effect? 13 00:00:49,680 --> 00:00:51,480 >> I move that we approve of it. 14 00:00:51,480 --> 00:00:52,120 >> Okay. 15 00:00:52,120 --> 00:00:53,220 >> I'm sorry. 16 00:00:53,220 --> 00:00:59,600 Pavlik has moved, and Zoltner has seconded it. 17 00:00:59,600 --> 00:01:01,160 So item -- 18 00:01:01,160 --> 00:01:01,900 >> Here we go. 19 00:01:01,900 --> 00:01:03,760 >> All in favor. 20 00:01:03,760 --> 00:01:04,540 >> Aye. 21 00:01:04,540 --> 00:01:06,000 >> Aye. 22 00:01:06,000 --> 00:01:07,800 >> So that's unanimous. 23 00:01:07,800 --> 00:01:10,240 Six in favor. 24 00:01:10,240 --> 00:01:16,940 So item B, BOE 24-002, hold a discussion and consider adoption 25 00:01:16,940 --> 00:01:20,180 of the 2024 meeting schedule. 26 00:01:20,180 --> 00:01:24,580 >> Madam Chair, can I ask a question? 27 00:01:24,580 --> 00:01:25,820 >> Yes. 28 00:01:25,820 --> 00:01:29,920 >> Are we required to meet every month? 29 00:01:29,920 --> 00:01:32,720 >> I was going to ask about that because I noticed 30 00:01:32,720 --> 00:01:34,260 that there was a couple of meetings. 31 00:01:34,260 --> 00:01:36,600 I know it was holidays. 32 00:01:36,600 --> 00:01:37,800 >> We're not required to meet every month. 33 00:01:37,800 --> 00:01:40,640 I think we're required to meet maybe once a year or something. 34 00:01:40,640 --> 00:01:41,840 >> That's what I'm -- 35 00:01:41,840 --> 00:01:44,000 >> Okay. 36 00:01:44,000 --> 00:01:47,780 >> Yeah, this is similar to the schedule we adopted last year. 37 00:01:47,780 --> 00:01:50,520 We -- so we're excluding July and September 38 00:01:50,520 --> 00:01:52,940 because there are city holidays on those Mondays. 39 00:01:52,940 --> 00:01:56,320 But it's typically the first Monday of the year. 40 00:01:56,320 --> 00:02:01,260 And then in May, my entire office will be out for training. 41 00:02:01,260 --> 00:02:05,100 So that's why it's the week after. 42 00:02:05,100 --> 00:02:07,020 >> I don't know the question. 43 00:02:07,020 --> 00:02:09,460 >> So if you would like to not meet every -- 44 00:02:09,460 --> 00:02:13,840 >> Well, I guess I'm concerned it depends on how things go 45 00:02:13,840 --> 00:02:15,060 in the next couple of months. 46 00:02:15,060 --> 00:02:20,400 But I would like to consider having meetings on those months 47 00:02:20,400 --> 00:02:22,580 that we were like the 4th of July 48 00:02:22,580 --> 00:02:26,140 and I guess Labor Day dumped us. 49 00:02:26,140 --> 00:02:30,180 But I -- what do you guys think? 50 00:02:30,180 --> 00:02:31,280 >> I would agree with that. 51 00:02:31,280 --> 00:02:34,280 And it also kind of depends on Madison's schedule. 52 00:02:34,280 --> 00:02:37,120 She has some items to go before the council, 53 00:02:37,120 --> 00:02:38,600 but we're not aware of. 54 00:02:38,600 --> 00:02:41,220 There might be some clarification that we need 55 00:02:41,220 --> 00:02:44,260 to take care of here before it goes back to you. 56 00:02:44,260 --> 00:02:48,240 So that's all kind of up in the air in terms of -- 57 00:02:48,240 --> 00:02:49,540 >> I mean, we can certainly -- 58 00:02:49,540 --> 00:02:52,340 >> We are working on some modifications now. 59 00:02:52,340 --> 00:02:55,740 So it's kind of a process here. 60 00:02:55,740 --> 00:03:01,540 >> Yeah. So I think currently the plan is either in March 61 00:03:01,540 --> 00:03:05,380 or April to basically forward whatever -- 62 00:03:05,380 --> 00:03:08,220 what you all are currently working on to the city council. 63 00:03:08,220 --> 00:03:11,460 So then they will either discuss that in March or April 64 00:03:11,460 --> 00:03:15,100 or May, just depends a little bit on where we're at. 65 00:03:15,100 --> 00:03:20,460 And then once they give direction, then we bring back 66 00:03:20,460 --> 00:03:22,440 in ordinance that will be approved probably 67 00:03:22,440 --> 00:03:24,040 in the summer at some point. 68 00:03:24,040 --> 00:03:27,980 So that's just how long it takes to get stuff before them basically. 69 00:03:27,980 --> 00:03:31,340 >> But not before March, is that what you're -- 70 00:03:31,340 --> 00:03:32,340 >> I don't know. 71 00:03:32,340 --> 00:03:34,480 I mean, it would be really difficult 72 00:03:34,480 --> 00:03:36,680 to get something before them. 73 00:03:36,680 --> 00:03:39,980 >> Kind of depends on how tonight and next month go. 74 00:03:39,980 --> 00:03:44,060 >> I would like to say -- I would love to recommend 75 00:03:44,060 --> 00:03:48,100 that we hold the possibility of adding meetings 76 00:03:48,100 --> 00:03:51,100 in those two months where we're not scheduled for meetings 77 00:03:51,100 --> 00:03:53,860 if we feel the need when we get closer to it. 78 00:03:53,860 --> 00:03:57,400 >> We can always call a special meeting if you would like to. 79 00:03:57,400 --> 00:03:58,500 >> Okay. 80 00:03:58,500 --> 00:04:00,280 >> Yeah. 81 00:04:00,280 --> 00:04:03,080 >> How does that sound? 82 00:04:03,080 --> 00:04:04,440 Okay. 83 00:04:04,440 --> 00:04:06,040 >> I think that would be more prudent 84 00:04:06,040 --> 00:04:07,640 than just adding a meeting at this point. 85 00:04:07,640 --> 00:04:09,280 >> Yeah. Yeah. 86 00:04:09,280 --> 00:04:12,560 >> I'm thinking if we are all in agreement and we figure 87 00:04:12,560 --> 00:04:14,760 out something and it gets to council, 88 00:04:14,760 --> 00:04:18,120 then I don't feel the need to rush through things. 89 00:04:18,120 --> 00:04:19,400 But there's a couple of things 90 00:04:19,400 --> 00:04:22,220 that in my head are pretty important. 91 00:04:22,220 --> 00:04:23,960 >> And could we also -- 92 00:04:23,960 --> 00:04:26,640 you've opened the possibility of canceling a meeting 93 00:04:26,640 --> 00:04:29,500 if we don't feel like we have a lot to discuss. 94 00:04:29,500 --> 00:04:32,800 Like let's say in May or June we don't have a lot to discuss. 95 00:04:32,800 --> 00:04:33,700 We could -- 96 00:04:33,700 --> 00:04:34,900 >> Sure. 97 00:04:34,900 --> 00:04:36,140 >> Talk about it and cancel the meeting. 98 00:04:36,140 --> 00:04:38,320 >> And July would be a great month to be off. 99 00:04:38,320 --> 00:04:39,480 >> Yeah. 100 00:04:39,480 --> 00:04:40,620 >> So -- 101 00:04:40,620 --> 00:04:44,720 >> So is that a motion for a special meeting next 102 00:04:44,720 --> 00:04:46,080 or February? 103 00:04:46,080 --> 00:04:47,680 >> Me? 104 00:04:47,680 --> 00:04:49,220 >> Well, what do you -- 105 00:04:49,220 --> 00:04:50,560 >> Oh, no, we're just -- 106 00:04:50,560 --> 00:04:54,320 I think what we're talking about is we could call a special 107 00:04:54,320 --> 00:05:00,040 meeting during all those months as we get closer to that time. 108 00:05:00,040 --> 00:05:02,500 >> Typically during the future agenda item section 109 00:05:02,500 --> 00:05:05,200 if you decided in June, hey, we want to meet in July, 110 00:05:05,200 --> 00:05:07,740 we could discuss, we could call a special meeting. 111 00:05:07,740 --> 00:05:09,440 We would just have to, after the meeting, 112 00:05:09,440 --> 00:05:11,280 get everybody's availability basically. 113 00:05:11,280 --> 00:05:14,580 >> I do want to take less items to cancel next time 114 00:05:14,580 --> 00:05:18,720 because I think we just overwhelmed them with 10 items. 115 00:05:18,720 --> 00:05:22,560 And I think if we have two that we think are important, 116 00:05:22,560 --> 00:05:23,860 that's a great starting place. 117 00:05:23,860 --> 00:05:25,660 >> I think it'll take about the same amount of time. 118 00:05:25,660 --> 00:05:26,960 >> Yeah. 119 00:05:26,960 --> 00:05:28,260 >> Make sure it will. 120 00:05:28,260 --> 00:05:30,100 >> Yeah. 121 00:05:30,100 --> 00:05:33,440 >> Okay, so can someone make a motion 122 00:05:33,440 --> 00:05:37,980 to approve the schedule as written in the -- 123 00:05:37,980 --> 00:05:38,980 >> So moved. 124 00:05:38,980 --> 00:05:39,980 >> Okay. 125 00:05:39,980 --> 00:05:41,480 >> I'll second. 126 00:05:41,480 --> 00:05:45,740 >> Moved by Zeltner and seconded by Newhart. 127 00:05:45,740 --> 00:05:48,020 So we are now going to -- 128 00:05:48,020 --> 00:05:49,380 >> Seconded by Newhart. 129 00:05:49,380 --> 00:05:51,620 >> Oh, sorry, keep forgetting about that. 130 00:05:51,620 --> 00:05:52,760 All in favor? 131 00:05:52,760 --> 00:05:54,080 >> Aye. 132 00:05:54,080 --> 00:05:56,720 >> Aye. 133 00:05:56,720 --> 00:06:02,000 >> Six ayes, no nays. 134 00:06:02,000 --> 00:06:06,300 Okay, the thing I've been wanting to get to all day, 135 00:06:06,300 --> 00:06:11,680 BOE 24-003 Receiver Report, Hold the Discussion 136 00:06:11,680 --> 00:06:13,780 and Take Necessary Action Regarding Code 137 00:06:13,780 --> 00:06:20,440 of Ordinances, Chapter 2, Article 11, Epics, Section 2-269, 138 00:06:20,440 --> 00:06:26,320 Definitions, and Section 2-273, Prohibitions. 139 00:06:26,320 --> 00:06:28,220 >> Yeah, so this is essentially just a continuation 140 00:06:28,220 --> 00:06:31,260 of our meeting last time where we talked about kind 141 00:06:31,260 --> 00:06:35,800 of what kind of rules we would like to see. 142 00:06:35,800 --> 00:06:38,600 This is kind of defining when they apply and then 143 00:06:38,600 --> 00:06:41,600 when they do come in -- when they do apply, 144 00:06:41,600 --> 00:06:42,900 how they should be reported. 145 00:06:42,900 --> 00:06:45,280 So essentially what we're going to talk about today. 146 00:06:45,280 --> 00:06:49,280 So I'm just going to jump in with talking 147 00:06:49,280 --> 00:06:51,440 about the relevant relationships. 148 00:06:51,440 --> 00:06:56,180 So this first slide was included as kind of a handout 149 00:06:56,180 --> 00:07:00,320 in your agenda, but it compares the personal relationships 150 00:07:00,320 --> 00:07:04,000 covered by the model code to what's currently in Denton's code. 151 00:07:04,000 --> 00:07:09,200 And then I included the degree of consanguinity and affinity just 152 00:07:09,200 --> 00:07:12,800 so that you were aware of which ones they were. 153 00:07:12,800 --> 00:07:17,080 And so my understanding is the board would like to use kind 154 00:07:17,080 --> 00:07:18,900 of that list form that's in the model code, 155 00:07:18,900 --> 00:07:21,140 but it needs direction on what you want included 156 00:07:21,140 --> 00:07:22,080 in that list essentially. 157 00:07:22,080 --> 00:07:24,920 So we can start with this. 158 00:07:24,920 --> 00:07:27,580 I don't know if you want to just go copy the model code, 159 00:07:27,580 --> 00:07:33,420 do -- keep what Denton currently has or do a little bit of both. 160 00:07:33,420 --> 00:07:35,620 >> As usual, I think you did a really good job 161 00:07:35,620 --> 00:07:36,920 of breaking it down. 162 00:07:36,920 --> 00:07:41,000 And I was looking at that -- the page two of the handout 163 00:07:41,000 --> 00:07:44,960 where you talked about each of the issues. 164 00:07:44,960 --> 00:07:53,780 So I identified six and there's one -- well, eight total 165 00:07:53,780 --> 00:07:55,380 or nine I guess. 166 00:07:55,380 --> 00:07:59,540 So I thought we'd kind of go down those -- 167 00:07:59,540 --> 00:08:02,180 down that narrative that you have and look at each one. 168 00:08:02,180 --> 00:08:12,620 I think most of them page -- handout -- or 03 page two. 169 00:08:12,620 --> 00:08:14,000 >> Is it a two? 170 00:08:14,000 --> 00:08:16,400 >> And it's under the heading financial relationships. 171 00:08:16,400 --> 00:08:18,100 >> Okay. Would you like to give direction 172 00:08:18,100 --> 00:08:20,640 on the personal relationships first? 173 00:08:20,640 --> 00:08:22,700 Or we can go to financial? 174 00:08:22,700 --> 00:08:23,500 >> Oh, I'm sorry. 175 00:08:23,500 --> 00:08:25,480 >> Yeah, let's do that. 176 00:08:25,480 --> 00:08:29,580 >> I thought this might be the easiest one, but. 177 00:08:29,580 --> 00:08:34,820 >> Yeah. So Denton's current ordinance is generally similar 178 00:08:34,820 --> 00:08:38,620 to the model code except the model code does not include the 179 00:08:38,620 --> 00:08:41,220 third degree relationships. 180 00:08:41,220 --> 00:08:43,100 First cousins, great-grandparents, 181 00:08:43,100 --> 00:08:44,860 great-grandchildren. 182 00:08:44,860 --> 00:08:48,240 And first cousins, great-grandparents 183 00:08:48,240 --> 00:08:51,140 and great-grandchildren of this file. 184 00:08:54,180 --> 00:09:00,880 So what's your pleasure? 185 00:09:00,880 --> 00:09:06,680 >> Well, the model code does include relationships -- 186 00:09:06,680 --> 00:09:09,660 committed relationships. 187 00:09:09,660 --> 00:09:12,720 So I think that would be good to include. 188 00:09:12,720 --> 00:09:14,060 >> I agree. 189 00:09:14,060 --> 00:09:19,360 >> The domestic partner? 190 00:09:19,360 --> 00:09:20,500 >> Yeah. Yeah. 191 00:09:20,500 --> 00:09:23,060 >> I'd rather say committed relationships. 192 00:09:23,060 --> 00:09:24,240 >> This code was written -- 193 00:09:24,240 --> 00:09:26,540 the model code was written some years ago. 194 00:09:26,540 --> 00:09:30,380 So there's some language that, in my opinion, is outdated. 195 00:09:30,380 --> 00:09:34,820 But I still really like the spirit of it. 196 00:09:34,820 --> 00:09:36,080 So. 197 00:09:36,080 --> 00:09:37,520 >> We can -- if you would like that included, 198 00:09:37,520 --> 00:09:40,180 we can refine that definition next time. 199 00:09:40,180 --> 00:09:42,220 >> Or use the term of our choice. 200 00:09:42,220 --> 00:09:46,860 So what -- so Tom is in agreement of going more 201 00:09:46,860 --> 00:09:55,500 with the model code, Andrea model code, without -- 202 00:09:55,500 --> 00:09:59,740 >> Yeah, I would agree with that. 203 00:09:59,740 --> 00:10:01,940 Absolutely, yeah, I have several things that I'd 204 00:10:01,940 --> 00:10:04,240 like to come to around here when we -- yeah. 205 00:10:04,240 --> 00:10:05,540 >> Okay, so. 206 00:10:05,540 --> 00:10:06,340 >> Okay, so for this -- 207 00:10:06,340 --> 00:10:07,420 >> We're good with this. 208 00:10:07,420 --> 00:10:08,720 >> We're good with what the model code has, 209 00:10:08,720 --> 00:10:11,920 even though it is -- doesn't include some things 210 00:10:11,920 --> 00:10:13,060 that the current code does. 211 00:10:13,060 --> 00:10:13,620 >> Yeah. 212 00:10:13,620 --> 00:10:14,960 >> Great. 213 00:10:14,960 --> 00:10:20,860 Okay, moving on to the page, the heading, financial relationships. 214 00:10:20,860 --> 00:10:28,300 And so I just ticked off -- the first part is the model code includes -- 215 00:10:28,300 --> 00:10:31,780 includes the outside employer or business, 216 00:10:31,780 --> 00:10:36,380 which generally includes entities the city official receives 217 00:10:36,380 --> 00:10:41,220 compensation from or owns, which is similar to the city's, 218 00:10:41,220 --> 00:10:45,160 but Denton's code includes financial thresholds 219 00:10:45,160 --> 00:10:49,620 that are not present in the model code. 220 00:10:49,620 --> 00:10:55,200 So what's your opinion of the -- 221 00:10:55,200 --> 00:10:58,300 going with the model code in that area? 222 00:10:58,300 --> 00:11:05,000 In other words, I guess it would do away with the thresholds. 223 00:11:08,240 --> 00:11:13,920 >> Yeah, I'll -- I think we went over this some last month. 224 00:11:13,920 --> 00:11:17,160 I'm in support of trying to get away from thresholds 225 00:11:17,160 --> 00:11:19,520 because the thresholds are different -- 226 00:11:19,520 --> 00:11:21,320 have different meaning to different people. 227 00:11:21,320 --> 00:11:24,320 And I think we ran into a lot of challenges when we tried to go 228 00:11:24,320 --> 00:11:28,960 from a fixed dollar figure to a percentage and that sort of thing. 229 00:11:28,960 --> 00:11:33,240 And it makes it much more complicated to apply. 230 00:11:33,240 --> 00:11:35,200 >> Okay, so Dustin's in the room. 231 00:11:35,200 --> 00:11:36,440 What about the rest of you? 232 00:11:36,440 --> 00:11:40,040 >> I agree with Dustin. 233 00:11:40,040 --> 00:11:46,720 >> So if we didn't have any -- any money amount attached, 234 00:11:46,720 --> 00:11:53,080 and so let's say a city council person had a relationship 235 00:11:53,080 --> 00:11:55,660 with someone but there's no money amount, 236 00:11:55,660 --> 00:12:01,360 how would they know if it was enough to recuse themselves? 237 00:12:01,360 --> 00:12:03,640 >> It further down, it kind of accounts for it. 238 00:12:03,640 --> 00:12:06,240 But what I hate about the thresholds is 239 00:12:06,240 --> 00:12:08,440 that that number's going to have to change up. 240 00:12:08,440 --> 00:12:09,800 >> Right. No, I agree with that. 241 00:12:09,800 --> 00:12:12,480 I'm just wondering how they -- then you decide. 242 00:12:12,480 --> 00:12:13,840 We'll decide that later. 243 00:12:13,840 --> 00:12:17,080 >> It's more about the activity is the way I understood it 244 00:12:17,080 --> 00:12:19,440 than the number. 245 00:12:19,440 --> 00:12:22,960 >> And would they just say that I have a relationship 246 00:12:22,960 --> 00:12:26,360 with this business but I can still vote on the issues 247 00:12:26,360 --> 00:12:27,760 or I have a relationship with this business 248 00:12:27,760 --> 00:12:30,700 and I have to recuse myself? 249 00:12:30,700 --> 00:12:33,700 >> Probably you should have to recuse yourself. 250 00:12:33,700 --> 00:12:37,540 I would think -- is that how the rest of you understood it? 251 00:12:37,540 --> 00:12:38,440 >> Yeah. 252 00:12:38,440 --> 00:12:44,880 >> That's how I would look at it, and a lot of it is 253 00:12:44,880 --> 00:12:50,720 about just the appearance, right, and not the actual action. 254 00:12:50,720 --> 00:12:55,180 >> The appearance of people, which is an ethical concept. 255 00:12:55,180 --> 00:12:58,820 >> And it could also -- and that is where they could ask 256 00:12:58,820 --> 00:13:00,600 for an advisory opinion. 257 00:13:00,600 --> 00:13:01,760 >> Right. 258 00:13:01,760 --> 00:13:03,220 >> And then we can look at it, right, 259 00:13:03,220 --> 00:13:09,040 and I think if there is more -- in a way, I would hope 260 00:13:09,040 --> 00:13:12,100 that if there's a little bit more vagueness rather than, 261 00:13:12,100 --> 00:13:16,600 oh, I'm just 50 cents shy of the threshold, then it's okay. 262 00:13:16,600 --> 00:13:19,440 But if there's vagueness, then there's going 263 00:13:19,440 --> 00:13:22,440 to be hopefully the question for an advisory opinion 264 00:13:22,440 --> 00:13:27,380 from the ethics board, and then it becomes a collective decision 265 00:13:27,380 --> 00:13:29,080 rather than an individual decision. 266 00:13:29,080 --> 00:13:31,320 >> So Tom, do you have your hand raised with that? 267 00:13:31,320 --> 00:13:37,000 >> Well, I wrote months ago, just to try to clarify for myself, 268 00:13:37,000 --> 00:13:41,000 I wrote the following, a conflict of interest is 269 00:13:41,000 --> 00:13:44,940 when a person can benefit from actions or decisions 270 00:13:44,940 --> 00:13:47,100 in their official capacity. 271 00:13:47,100 --> 00:13:49,240 So it's no percentages, no dollars. 272 00:13:49,240 --> 00:13:52,200 >> Right. In ways that other people don't benefit. 273 00:13:52,200 --> 00:13:55,920 So it's not a conflict of interest if you benefit, 274 00:13:55,920 --> 00:13:57,920 but everybody else benefits, too. 275 00:13:57,920 --> 00:13:58,920 >> It's a city. 276 00:13:58,920 --> 00:14:05,260 >> So I hear unanimity, so check that one out. 277 00:14:05,260 --> 00:14:10,160 >> So just to clarify, we would like to remove basically what 278 00:14:10,160 --> 00:14:12,660 the current code has and include what the model code has. 279 00:14:12,660 --> 00:14:16,360 Are we okay with -- there's some exceptions in that definition, 280 00:14:16,360 --> 00:14:20,160 which includes entities that they receive compensation 281 00:14:20,160 --> 00:14:21,400 for goods or services, 282 00:14:21,400 --> 00:14:25,940 except unless they're necessary expenses that are reimbursed. 283 00:14:25,940 --> 00:14:30,080 So like travel expenses, we're fine with that exception. 284 00:14:30,080 --> 00:14:33,240 These are just specific pieces, so I just wanted to double check. 285 00:14:33,240 --> 00:14:36,320 And then for the ownership interest, 286 00:14:36,320 --> 00:14:38,420 it had an exception for public corporations, 287 00:14:38,420 --> 00:14:41,160 where the interest is less than $50,000 or 5%. 288 00:14:41,160 --> 00:14:43,520 So there are thresholds there. 289 00:14:43,520 --> 00:14:46,520 So I just wanted to double check on that as well. 290 00:14:46,520 --> 00:14:47,900 >> Everybody okay with that? 291 00:14:47,900 --> 00:14:49,400 >> Yes. 292 00:14:49,400 --> 00:14:51,500 >> We move on. 293 00:14:51,500 --> 00:14:54,740 So I guess the next one is substantial clients 294 00:14:54,740 --> 00:14:58,040 or customers, which are defined as people or entities 295 00:14:58,040 --> 00:15:02,340 that the city council official has supplied goods or services -- 296 00:15:02,340 --> 00:15:04,880 oh, that's -- you just asked about that. 297 00:15:04,880 --> 00:15:06,240 >> No, that's not wrong. 298 00:15:06,240 --> 00:15:09,020 >> Okay. Has supplied goods or services valued at more 299 00:15:09,020 --> 00:15:14,220 than $1,000 in the last 24 months, including those 300 00:15:14,220 --> 00:15:17,320 that did business with their outside employer 301 00:15:17,320 --> 00:15:19,820 that they knew about. 302 00:15:19,820 --> 00:15:23,300 And the city doesn't have that. 303 00:15:23,300 --> 00:15:26,340 >> So what do you guys think about that? 304 00:15:26,340 --> 00:15:29,040 That is a way of being a little more specific. 305 00:15:29,040 --> 00:15:32,780 So what do you guys think? 306 00:15:32,780 --> 00:15:41,480 >> That definition is from the lobby article? 307 00:15:41,480 --> 00:15:42,880 >> Yes. 308 00:15:42,880 --> 00:15:50,620 >> Yeah. Can I take just a moment here? 309 00:15:50,620 --> 00:15:51,320 >> Sure. 310 00:15:51,320 --> 00:15:57,560 >> Okay. This discussion goes back about -- 311 00:15:57,560 --> 00:15:59,100 it's been about five years now. 312 00:15:59,100 --> 00:16:05,000 In January of 2018, the city council sat in this very room 313 00:16:05,000 --> 00:16:09,240 and this whole conflict of interest situation was raised 314 00:16:09,240 --> 00:16:12,080 by Alan Bork with us, you know, the ethics attorney that we brought 315 00:16:12,080 --> 00:16:16,720 up here from Austin to discuss this. 316 00:16:16,720 --> 00:16:20,320 He presented basically four options on this whole conflict 317 00:16:20,320 --> 00:16:22,180 of interest solution. 318 00:16:22,180 --> 00:16:25,260 The first one is the one that we've ended up with 319 00:16:25,260 --> 00:16:28,360 in our current code now where we have all these financial 320 00:16:28,360 --> 00:16:32,900 thresholds, pending matters, percentages, dollar amounts, 321 00:16:32,900 --> 00:16:37,540 and all of this kind of stuff that we have now. 322 00:16:37,540 --> 00:16:40,000 One of the other things that he presented 323 00:16:40,000 --> 00:16:45,880 that day was another option that almost every other city in Texas 324 00:16:45,880 --> 00:16:48,940 that he has worked with as an ethics consultant. 325 00:16:48,940 --> 00:16:51,960 And it's -- none of it is based on percentages or dollar amounts 326 00:16:51,960 --> 00:16:53,380 or pending matters. 327 00:16:53,380 --> 00:16:56,920 It's as we are suggesting right now that it is 328 00:16:56,920 --> 00:16:59,160 on more general rules. 329 00:16:59,160 --> 00:17:03,520 And I just -- I was so interested in going back 330 00:17:03,520 --> 00:17:06,760 over what he presented that day. 331 00:17:06,760 --> 00:17:12,640 Now, I have a copy for everyone here just for information 332 00:17:12,640 --> 00:17:15,680 and for thought process. 333 00:17:15,680 --> 00:17:18,100 But he presented several options that day 334 00:17:18,100 --> 00:17:21,620 to the city council sitting in this very room. 335 00:17:21,620 --> 00:17:24,520 The first one was all these financial thresholds based 336 00:17:24,520 --> 00:17:26,580 on this first option. 337 00:17:26,580 --> 00:17:31,720 The city council never went beyond this first option. 338 00:17:31,720 --> 00:17:38,160 Never. Now, this -- this example for -- 339 00:17:38,160 --> 00:17:41,260 and there's a copy here for everyone else. 340 00:17:41,260 --> 00:17:45,800 This example for is the model code 341 00:17:45,800 --> 00:17:52,080 that almost every other city in Texas has ended up with based on. 342 00:17:52,080 --> 00:17:55,280 And there were only two people in the room that day 343 00:17:55,280 --> 00:17:57,080 other than the city council, myself 344 00:17:57,080 --> 00:18:01,580 and Venn Record Chronicle reporter. 345 00:18:01,580 --> 00:18:05,480 And we were trying to get the council to turn the page 346 00:18:05,480 --> 00:18:09,360 and look at option four, look at option three and option four. 347 00:18:09,360 --> 00:18:12,720 Don't lock yourself into all these dollars and percentages. 348 00:18:12,720 --> 00:18:15,760 You're making a fatal mistake. 349 00:18:15,760 --> 00:18:18,040 And so all of the things that we're discussing here, 350 00:18:18,040 --> 00:18:21,640 the financial relationships, the business relationships, 351 00:18:21,640 --> 00:18:26,840 that's pretty much all covered below the opening paragraph there. 352 00:18:26,840 --> 00:18:29,780 And so we can make this as complicated as you like 353 00:18:29,780 --> 00:18:35,180 or as simple as you like, but we can repeal what we've got right 354 00:18:35,180 --> 00:18:39,980 now as a horrible mistake that's going on five years old 355 00:18:39,980 --> 00:18:43,360 and move towards something that option three. 356 00:18:43,360 --> 00:18:45,720 And this is what was -- this is not day's world. 357 00:18:45,720 --> 00:18:48,600 This is what was presented by Ellen Bork with us, 358 00:18:48,600 --> 00:18:50,700 our ethics consultant, and it was never, 359 00:18:50,700 --> 00:18:54,400 ever considered by the city council that day. 360 00:18:54,400 --> 00:18:56,280 That was a mistake that we've been living 361 00:18:56,280 --> 00:18:58,780 with for about five years now. 362 00:18:58,780 --> 00:19:02,780 And so we have an opportunity to turn the clock back and get -- 363 00:19:02,780 --> 00:19:05,880 didn't in line with other cities with the general, 364 00:19:05,880 --> 00:19:11,260 but generally comprehensive conflict of interest code, 365 00:19:11,260 --> 00:19:13,960 which is not only -- one of the things -- 366 00:19:13,960 --> 00:19:17,420 one of the problems is the current code we have now 367 00:19:17,420 --> 00:19:18,520 is time specific. 368 00:19:18,520 --> 00:19:20,600 In other words, if you get right up to a vote, 369 00:19:20,600 --> 00:19:22,900 if you can get through a vote, you're good. 370 00:19:22,900 --> 00:19:26,600 This is a current and future matters. 371 00:19:26,600 --> 00:19:29,700 This covers, you know, something that you might think 372 00:19:29,700 --> 00:19:31,940 that you can get by the council. 373 00:19:31,940 --> 00:19:34,240 But again, this is not Dave's language. 374 00:19:34,240 --> 00:19:36,640 This is direct language from almost every other -- 375 00:19:36,640 --> 00:19:40,920 well, most other municipalities in the city of Texas. 376 00:19:40,920 --> 00:19:44,760 It's amendable, obviously, but those provisions 377 00:19:44,760 --> 00:19:47,920 at the bottom are pretty much standard from other cities. 378 00:19:47,920 --> 00:19:52,300 And just from my own perspective, I would encourage us, 379 00:19:52,300 --> 00:19:55,660 you know, we can do this and we can go line by line by line 380 00:19:55,660 --> 00:19:58,100 by line for the next three months. 381 00:19:58,100 --> 00:20:00,740 But I would just suggest we just kind of step back here 382 00:20:00,740 --> 00:20:04,740 and say we have -- I think the model code is kind 383 00:20:04,740 --> 00:20:06,400 of what we're talking about here. 384 00:20:06,400 --> 00:20:08,780 But there's a model right there. 385 00:20:08,780 --> 00:20:11,580 And it could be over just that quickly. 386 00:20:11,580 --> 00:20:12,980 And nothing would be left out. 387 00:20:12,980 --> 00:20:15,340 >> Then what we're discussing right now is the definition 388 00:20:15,340 --> 00:20:19,060 of outside client, which is in your example number four. 389 00:20:19,060 --> 00:20:23,060 This is what -- this is what the model code defines that. 390 00:20:23,060 --> 00:20:25,020 So we're discussing that definition 391 00:20:25,020 --> 00:20:28,760 so that we can actually put it in the code. 392 00:20:28,760 --> 00:20:32,260 >> So what does that mean for this item about the $1,000 393 00:20:32,260 --> 00:20:37,380 in the last 24 months when we just say a substantial client 394 00:20:37,380 --> 00:20:41,880 or when we leave that out on which you're following? 395 00:20:41,880 --> 00:20:43,340 >> On which one now? 396 00:20:43,340 --> 00:20:46,280 >> What we're looking at here, 397 00:20:46,280 --> 00:20:52,060 that the model code includes substantial clients or customers, 398 00:20:52,060 --> 00:20:55,820 which are people that have supplied goods or services 399 00:20:55,820 --> 00:20:59,600 at more than $1,000 in the past 24 months. 400 00:20:59,600 --> 00:21:00,760 >> That would apply. 401 00:21:00,760 --> 00:21:02,640 There would be no dollar amount. 402 00:21:02,640 --> 00:21:04,060 Whether or not you are benefiting 403 00:21:04,060 --> 00:21:08,100 or not from that relationship, it could be $50. 404 00:21:08,100 --> 00:21:13,040 If no one else in the city of Benton puts $50 in their pocket, 405 00:21:13,040 --> 00:21:16,180 but you do, that's a problem. 406 00:21:16,180 --> 00:21:18,540 Or that's at least something that you need to discuss 407 00:21:18,540 --> 00:21:21,640 with Madison or your internal auditor. 408 00:21:21,640 --> 00:21:25,060 So there's -- again, there's no dollar amounts here. 409 00:21:25,060 --> 00:21:27,460 And that's the thing that we've been trying to -- 410 00:21:27,460 --> 00:21:29,120 we've been kind of tap dancing around 411 00:21:29,120 --> 00:21:30,920 since we started talking about this. 412 00:21:30,920 --> 00:21:33,300 >> So what you just handed out, number seven, 413 00:21:33,300 --> 00:21:36,600 would cover this and be a little bit more general. 414 00:21:36,600 --> 00:21:39,140 >> Let's talk about number four. 415 00:21:39,140 --> 00:21:40,740 >> Number three. 416 00:21:40,740 --> 00:21:43,040 >> Number -- is there a -- 417 00:21:43,040 --> 00:21:47,280 >> Well, number four is the model that if you -- 418 00:21:47,280 --> 00:21:50,280 again, if you go through Dallas, El Paso, 419 00:21:50,280 --> 00:21:52,480 you're going to find something very similar 420 00:21:52,480 --> 00:21:53,580 to that exhibit four. 421 00:21:53,580 --> 00:21:56,180 And that's where Alan Boric was. 422 00:21:56,180 --> 00:21:58,180 That's where he -- you know, he has worked 423 00:21:58,180 --> 00:22:01,320 with these other cities that we're talking about. 424 00:22:01,320 --> 00:22:03,160 And so this was -- this would not be anything 425 00:22:03,160 --> 00:22:04,500 that would be unique to Denton. 426 00:22:04,500 --> 00:22:09,060 It's -- you know, it's obviously modifiable, amendable. 427 00:22:09,060 --> 00:22:11,460 But that's -- that -- 428 00:22:11,460 --> 00:22:13,300 >> So how would you change the model code? 429 00:22:13,300 --> 00:22:15,240 Would you just put this -- 430 00:22:15,240 --> 00:22:17,880 >> What's in example four is basically the model code. 431 00:22:17,880 --> 00:22:19,240 >> Okay. 432 00:22:19,240 --> 00:22:22,080 >> What's in example four is basically the model code. 433 00:22:22,080 --> 00:22:24,620 I've split it out this way so that we can discuss each one 434 00:22:24,620 --> 00:22:27,780 because we're talking about changing the entire node. 435 00:22:27,780 --> 00:22:31,620 And it -- the model code includes these thousand dollar 436 00:22:31,620 --> 00:22:36,060 thresholds to define what is in example four's outside client. 437 00:22:36,060 --> 00:22:38,220 So I just need direction on if you want 438 00:22:38,220 --> 00:22:40,760 to just not have the definition or if you do want 439 00:22:40,760 --> 00:22:44,200 to have a definition, what it is. 440 00:22:44,200 --> 00:22:47,560 >> So I guess -- I think the -- 441 00:22:47,560 --> 00:22:50,940 part of the question is in example four, bullet three, 442 00:22:50,940 --> 00:22:53,380 it says these are her outside client. 443 00:22:53,380 --> 00:22:56,040 And I think we're trying to make a decision on whether 444 00:22:56,040 --> 00:22:58,920 or not we leave it at that language 445 00:22:58,920 --> 00:23:02,660 or have a definition with the value and the -- 446 00:23:02,660 --> 00:23:04,220 >> Perfect. 447 00:23:04,220 --> 00:23:08,060 But I'm just laying this out as a framework rather than trying 448 00:23:08,060 --> 00:23:09,860 to reinvent the wheel right here. 449 00:23:09,860 --> 00:23:12,500 Which is where we got, you know, five years ago. 450 00:23:12,500 --> 00:23:14,060 This is where we got into trouble. 451 00:23:14,060 --> 00:23:18,900 We had models available to us at the time that were amendable. 452 00:23:18,900 --> 00:23:22,640 But I'm just saying that this is a framework that most other 453 00:23:22,640 --> 00:23:28,640 cities in Texas have found work very adequately for them. 454 00:23:28,640 --> 00:23:31,380 >> I wanted to clarify because I think Madison, 455 00:23:31,380 --> 00:23:34,780 what you told us is that this substantial client definition 456 00:23:34,780 --> 00:23:36,060 comes from the model code. 457 00:23:36,060 --> 00:23:37,420 >> That's correct. 458 00:23:37,420 --> 00:23:38,820 >> So we're not reinventing the wheel. 459 00:23:38,820 --> 00:23:40,500 We are actually going with what we have kind of like used 460 00:23:40,500 --> 00:23:42,060 as our guide, which is the model code. 461 00:23:42,060 --> 00:23:43,360 So -- 462 00:23:43,360 --> 00:23:44,760 >> Right. Which -- 463 00:23:44,760 --> 00:23:46,700 >> It's almost exactly like example four. 464 00:23:46,700 --> 00:23:49,360 But what you're saying, no money amount, 465 00:23:49,360 --> 00:23:52,060 but that does have money amount, so. 466 00:23:52,060 --> 00:23:53,740 >> I'm saying that, right, 467 00:23:53,740 --> 00:23:58,000 that this model code does not include dollar amounts. 468 00:23:58,000 --> 00:24:00,580 Now this is the framework. 469 00:24:00,580 --> 00:24:02,880 But the only thing, the only reason I mention this is rather 470 00:24:02,880 --> 00:24:05,920 than get into, you know, we've gone 471 00:24:05,920 --> 00:24:09,780 down this wordsmithing road before and we have refused 472 00:24:09,780 --> 00:24:11,680 for six years to take advantage 473 00:24:11,680 --> 00:24:15,060 of other people's success with this. 474 00:24:15,060 --> 00:24:17,460 And that's all I'm saying is that we have a model here 475 00:24:17,460 --> 00:24:19,360 that works everywhere -- well, 476 00:24:19,360 --> 00:24:22,560 works almost everywhere else in Texas. 477 00:24:22,560 --> 00:24:25,300 And that's all I'm suggesting is that it would be a -- 478 00:24:25,300 --> 00:24:31,240 it would be a repeal and replace of this current corrupted, 479 00:24:31,240 --> 00:24:34,140 confusing obtuse thing that we've got right now 480 00:24:34,140 --> 00:24:36,080 that we call our conflict of interest. 481 00:24:36,080 --> 00:24:39,380 Pending matters and all this other nonsense, 482 00:24:39,380 --> 00:24:42,980 in my opinion, needs to go in favor of something like this. 483 00:24:42,980 --> 00:24:45,580 >> The paragraph that we're looking at that begins the model 484 00:24:45,580 --> 00:24:48,260 could also include substantial clients. 485 00:24:48,260 --> 00:24:53,300 If we just took out value more than $1,000 in the past 24, 486 00:24:53,300 --> 00:24:57,000 and just leave the -- and just take out those few words, 487 00:24:57,000 --> 00:24:58,660 it would be fine? 488 00:24:58,660 --> 00:24:59,740 Is that -- 489 00:24:59,740 --> 00:25:01,400 >> I'm going to make the suggestion 490 00:25:01,400 --> 00:25:06,300 that a substantial client is somebody different 491 00:25:06,300 --> 00:25:08,480 than just a client. 492 00:25:08,480 --> 00:25:10,240 I think this is a special definition 493 00:25:10,240 --> 00:25:11,340 of a substantial client. 494 00:25:11,340 --> 00:25:15,980 That is my -- that is where I'm thinking the difference 495 00:25:15,980 --> 00:25:17,580 of language could come in. 496 00:25:17,580 --> 00:25:22,420 Because I'm not going to read it the same way with number -- 497 00:25:22,420 --> 00:25:24,860 like in example number four, number three, when it says his 498 00:25:24,860 --> 00:25:26,560 or her outside client, 499 00:25:26,560 --> 00:25:29,600 that to me does not match a substantial client definition. 500 00:25:29,600 --> 00:25:32,540 I think that that is a special definition of a -- 501 00:25:32,540 --> 00:25:36,540 that goes above and beyond of an outside client. 502 00:25:36,540 --> 00:25:39,480 >> That makes sense, yeah, appropriately. 503 00:25:39,480 --> 00:25:42,940 >> I'm just thinking of the -- what is written here is fine 504 00:25:42,940 --> 00:25:46,240 as long as we don't get into the weeds with numbers. 505 00:25:46,240 --> 00:25:48,220 Is that -- I just want to make sure I'm hearing -- 506 00:25:48,220 --> 00:25:50,920 >> I mean, we have -- you're trying to write a code. 507 00:25:50,920 --> 00:25:51,820 >> Yeah. 508 00:25:51,820 --> 00:25:54,920 >> So if you don't want to define it, we don't have to. 509 00:25:54,920 --> 00:26:01,320 >> Okay. So if we just take out value more than $1,000, 510 00:26:01,320 --> 00:26:04,600 that might -- that might cover it. 511 00:26:04,600 --> 00:26:05,700 What do you guys think? 512 00:26:05,700 --> 00:26:09,800 >> It's just -- I'm just clarifying from that. 513 00:26:09,800 --> 00:26:13,940 >> No, I appreciate that and that's -- 514 00:26:13,940 --> 00:26:16,240 >> Tom, what do you think about that? 515 00:26:16,240 --> 00:26:17,480 >> Keep it simple. 516 00:26:17,480 --> 00:26:19,720 >> Keep it simple, that's good. 517 00:26:19,720 --> 00:26:21,740 >> Having all these -- 518 00:26:21,740 --> 00:26:22,820 >> Okay. 519 00:26:22,820 --> 00:26:25,460 >> -- different varieties, I think just makes it work. 520 00:26:25,460 --> 00:26:27,620 >> I really don't want to confuse this, but there have been a lot 521 00:26:27,620 --> 00:26:30,160 of citizens in this town that have been waiting for five 522 00:26:30,160 --> 00:26:32,820 or six years to clear this matter up. 523 00:26:32,820 --> 00:26:33,660 >> Okay. 524 00:26:33,660 --> 00:26:37,800 >> Okay. Well, I think if we leave it the way it is 525 00:26:37,800 --> 00:26:41,200 and just take out the number, I think we'll be fine. 526 00:26:41,200 --> 00:26:44,200 >> So you don't want to define substantial client? 527 00:26:44,200 --> 00:26:46,880 >> I'm not ready to do that because I think what we need 528 00:26:46,880 --> 00:26:49,340 to do is we need to really -- 529 00:26:49,340 --> 00:26:51,820 is the model code using substantial client 530 00:26:51,820 --> 00:26:54,940 as a different -- with a different definition 531 00:26:54,940 --> 00:26:58,020 from an outside client? 532 00:26:58,020 --> 00:27:02,580 I would like that to be clarified to see if -- 533 00:27:02,580 --> 00:27:04,820 because if we're using this anonymously, 534 00:27:04,820 --> 00:27:07,360 then there might be a conversation to be had, 535 00:27:07,360 --> 00:27:10,960 but if they're two different things, then -- 536 00:27:10,960 --> 00:27:15,260 >> What if we just said clients and looked out substantial 537 00:27:15,260 --> 00:27:18,980 that are people that the official has -- 538 00:27:18,980 --> 00:27:21,580 >> Well, isn't that what the first one is? 539 00:27:21,580 --> 00:27:30,720 >> So maybe just strike that one altogether, 540 00:27:30,720 --> 00:27:32,960 that one little paragraph? 541 00:27:32,960 --> 00:27:40,000 >> If that makes it simpler, yes. 542 00:27:40,000 --> 00:27:41,300 >> Yeah. 543 00:27:41,300 --> 00:27:50,440 So this is where this comes from, in the model code. 544 00:27:50,440 --> 00:27:54,400 A client or substantial client, and then you go down to client 545 00:27:54,400 --> 00:27:58,840 and it defines it this way, which is what's written. 546 00:27:58,840 --> 00:28:02,480 >> I think that -- thank you, you know, thank you. 547 00:28:02,480 --> 00:28:06,620 I think I would -- I want to hear what you -- 548 00:28:06,620 --> 00:28:10,920 that's not for me to debate. 549 00:28:10,920 --> 00:28:15,160 So take out that specificity or maybe some of it in. 550 00:28:15,160 --> 00:28:19,160 What's your -- what's your thinking? 551 00:28:26,540 --> 00:28:33,580 I think if you just define it as benefit, then that opens the door 552 00:28:33,580 --> 00:28:38,180 for like David's people he's been talking about, that -- 553 00:28:38,180 --> 00:28:40,860 then they can say, "Well, I think this is a benefit, 554 00:28:40,860 --> 00:28:44,720 so I'm going to bring it to the ethics board as a violation." 555 00:28:44,720 --> 00:28:46,320 >> Or the auditor. 556 00:28:46,320 --> 00:28:47,100 >> Or auditor, yeah. 557 00:28:47,100 --> 00:28:50,360 >> Right. This is exactly where Madison would come into play, 558 00:28:50,360 --> 00:28:54,960 where it is so difficult to define every circumstance here, 559 00:28:54,960 --> 00:28:58,700 and that's what's been so frustrating and why -- 560 00:28:58,700 --> 00:29:01,240 well, frankly, like I said, I know of some complaints 561 00:29:01,240 --> 00:29:03,280 that never move forward because they didn't want 562 00:29:03,280 --> 00:29:08,420 to go down this pending matter $500, $600 grab and hold. 563 00:29:08,420 --> 00:29:13,360 So this -- this is a -- this is a -- this is proven stuff. 564 00:29:13,360 --> 00:29:15,020 This works in Texas. 565 00:29:15,020 --> 00:29:16,360 That's all I'm saying. 566 00:29:16,360 --> 00:29:21,860 There may be some modifications or wording is better, but -- 567 00:29:21,860 --> 00:29:25,740 >> In the end, it has to be a judgment call, you know, 568 00:29:25,740 --> 00:29:29,100 and that's why there's a board and not just one person 569 00:29:29,100 --> 00:29:32,980 that says, "Oh, you're fine," or "No." 570 00:29:32,980 --> 00:29:35,400 >> And it puts the answer in the auditor in a more -- 571 00:29:35,400 --> 00:29:39,980 in more of a central role, too, more important role 572 00:29:39,980 --> 00:29:43,320 for ethics determinations than this is written -- 573 00:29:43,320 --> 00:29:45,680 well, this is $600, and whoa, whoa, whoa, whoa, what? 574 00:29:45,680 --> 00:29:49,360 That's not the way -- that's not the way it should work. 575 00:29:49,360 --> 00:29:53,500 I don't make any judgment calls in the ethics process. 576 00:29:53,500 --> 00:29:56,960 >> Yeah. You just administer and -- 577 00:29:56,960 --> 00:29:57,860 >> Right. 578 00:29:57,860 --> 00:30:01,100 >> I don't want to be in a more central role. 579 00:30:01,100 --> 00:30:04,140 >> Okay. And thank you for that because the way I'm looking 580 00:30:04,140 --> 00:30:07,680 at it now is we just need to leave the adjectives out. 581 00:30:07,680 --> 00:30:08,640 >> Just use client. 582 00:30:08,640 --> 00:30:14,220 >> And just use client, or customer, or whatever. 583 00:30:14,220 --> 00:30:17,480 >> The model code has the definition of client, though. 584 00:30:17,480 --> 00:30:20,860 So are you saying leave the dollar not 585 00:30:20,860 --> 00:30:23,220 out of the definition of client? 586 00:30:23,220 --> 00:30:24,400 >> Use the substantial. 587 00:30:24,400 --> 00:30:29,060 Use the -- leave the substantial out and leave the dollars out. 588 00:30:29,060 --> 00:30:32,000 >> Right. But I think the definition of the model code is -- 589 00:30:32,000 --> 00:30:32,840 >> It is for client. 590 00:30:32,840 --> 00:30:35,140 >> It's for client, not substantial client. 591 00:30:35,140 --> 00:30:36,440 >> Yep. 592 00:30:36,440 --> 00:30:39,080 >> That would make it a lot more clear. 593 00:30:39,080 --> 00:30:42,020 >> I don't think I understand what we're saying here. 594 00:30:42,020 --> 00:30:48,660 The model code defines client as a person or entity 595 00:30:48,660 --> 00:30:53,020 to which a person or entity has supplied goods 596 00:30:53,020 --> 00:30:55,720 or services during the previous 24 months, 597 00:30:55,720 --> 00:30:59,900 having in the aggregate a value greater than $1,000. 598 00:30:59,900 --> 00:31:02,800 And then there's a part B to that. 599 00:31:02,800 --> 00:31:06,440 If the official or employee's outside business has supplied 600 00:31:06,440 --> 00:31:09,640 goods or services during these 24 months, 601 00:31:09,640 --> 00:31:13,040 having in aggregate the value greater than $1,000. 602 00:31:13,040 --> 00:31:18,080 So in both of those scenarios, we're talking about taking 603 00:31:18,080 --> 00:31:21,680 out the word substantial, but the definition of the model code is 604 00:31:21,680 --> 00:31:23,480 not for a substantial client. 605 00:31:23,480 --> 00:31:26,060 It's just for a customer or client. 606 00:31:26,060 --> 00:31:28,860 So I'm not sure I understand where we're going. 607 00:31:28,860 --> 00:31:31,800 The model code defines it based on dollar amount, 608 00:31:31,800 --> 00:31:34,960 which if we want to just take that out, I'm fine with that, 609 00:31:34,960 --> 00:31:40,180 and then just say we define a client as that, basically, 610 00:31:40,180 --> 00:31:44,680 that same definition without the aggregate dollar amount 611 00:31:44,680 --> 00:31:48,980 and either use what's in the model code or the 24 months 612 00:31:48,980 --> 00:31:56,020 or what's in this example of, I think it says 12 months, right? 613 00:31:56,020 --> 00:31:58,520 So to me, that's what the discussion is about, 614 00:31:58,520 --> 00:32:03,120 not so much, like I think this example is excellent, 615 00:32:03,120 --> 00:32:05,900 but it's almost the same as what's in the model code, 616 00:32:05,900 --> 00:32:09,160 which I think we're all going towards. 617 00:32:09,160 --> 00:32:11,360 Like the question that keeps coming up is, 618 00:32:11,360 --> 00:32:13,140 do we have a dollar amount here? 619 00:32:13,140 --> 00:32:15,940 And I think in our code right now, there's a bunch of that. 620 00:32:15,940 --> 00:32:18,580 It's very confusing that we've talked about, 621 00:32:18,580 --> 00:32:20,340 and it's hard to follow. 622 00:32:20,340 --> 00:32:22,780 In the model code, it's more straightforward, 623 00:32:22,780 --> 00:32:24,180 but it's still there. 624 00:32:24,180 --> 00:32:28,660 So I think unless I'm missing something, we're kind of all 625 00:32:28,660 --> 00:32:32,520 on board adjusting this so that we have a more basic 626 00:32:32,520 --> 00:32:34,960 definition of the conflict of interest. 627 00:32:34,960 --> 00:32:38,320 And it's more of a broader-- yeah. 628 00:32:38,320 --> 00:32:43,900 And for the customer or client, it's just a matter 629 00:32:43,900 --> 00:32:49,380 of do we include some dollar amount and some time 630 00:32:49,380 --> 00:32:53,680 definition in there, which I could probably 631 00:32:53,680 --> 00:32:56,340 be convinced either way. 632 00:32:56,340 --> 00:32:58,620 I don't want to leave this yet, but I 633 00:32:58,620 --> 00:33:01,120 will say what's in this example does not 634 00:33:01,120 --> 00:33:05,380 include anything on campaign contributions. 635 00:33:05,380 --> 00:33:09,700 And that is in the model code, so I don't want to jump to that. 636 00:33:09,700 --> 00:33:10,800 There are other sections. 637 00:33:10,800 --> 00:33:15,140 That is only the conflict of interest section, the poor quiz. 638 00:33:15,140 --> 00:33:18,000 No, there are other gifts and campaign. 639 00:33:18,000 --> 00:33:21,240 That's not the entire-- and the only reason I mention this 640 00:33:21,240 --> 00:33:26,880 is I just wanted everyone to understand this was never, ever 641 00:33:26,880 --> 00:33:29,980 discussed, and that is important. 642 00:33:29,980 --> 00:33:34,960 It went straight to dollars and percentages and pending matters. 643 00:33:34,960 --> 00:33:38,560 And the citizens have to go, time out, time out. 644 00:33:38,560 --> 00:33:40,960 And there were a couple of people on the council, 645 00:33:40,960 --> 00:33:42,800 a couple of women who tried to raise-- 646 00:33:42,800 --> 00:33:43,960 Who tried to stop it. 647 00:33:43,960 --> 00:33:46,500 And they basically shut it down. 648 00:33:46,500 --> 00:33:49,300 And there's some stuff in our current code like pending matter 649 00:33:49,300 --> 00:33:52,440 means-- well, there are some definitions and things 650 00:33:52,440 --> 00:33:53,800 that make no sense right now. 651 00:33:53,800 --> 00:33:58,320 So I think we are agreeing maybe take out the word substantial 652 00:33:58,320 --> 00:34:02,680 and take out the aggregate amount, the aggregate $1,000. 653 00:34:02,680 --> 00:34:04,820 And then we're all good with this amount. 654 00:34:04,820 --> 00:34:06,120 With the 24 months? 655 00:34:06,120 --> 00:34:08,960 With 24 months left here? 656 00:34:08,960 --> 00:34:11,720 I was wondering about that myself. 657 00:34:11,720 --> 00:34:13,720 I think when you start putting numbers on it, 658 00:34:13,720 --> 00:34:17,160 it makes it awfully specific. 659 00:34:17,160 --> 00:34:20,160 What if it was 25 months? 660 00:34:20,160 --> 00:34:21,600 What if it was five years ago? 661 00:34:21,600 --> 00:34:22,100 Yeah. 662 00:34:27,500 --> 00:34:31,480 I think, to me, if something came before this board, 663 00:34:31,480 --> 00:34:33,520 I did a potential conflict of interest. 664 00:34:33,520 --> 00:34:37,420 And it was five years ago when it was $50. 665 00:34:37,420 --> 00:34:39,780 We're probably going to look at that differently 666 00:34:39,780 --> 00:34:45,160 than if it was two weeks ago when it was $10,000. 667 00:34:45,160 --> 00:34:46,060 Sure. 668 00:34:46,060 --> 00:34:50,300 But if we-- so if we put a number in there, 669 00:34:50,300 --> 00:34:56,740 either a dollar amount or a tiny constraint, then-- 670 00:34:56,740 --> 00:34:58,500 So what do you guys think? 671 00:34:58,500 --> 00:35:02,180 So we're all in agreement except for this time constraint. 672 00:35:02,180 --> 00:35:04,640 That's what we're going. 673 00:35:04,640 --> 00:35:06,620 Tom? 674 00:35:06,620 --> 00:35:09,980 Yeah, I think you should limit how far you go back. 675 00:35:09,980 --> 00:35:11,580 I think 24 months is-- 676 00:35:11,580 --> 00:35:12,080 Reasonable. 677 00:35:12,080 --> 00:35:13,560 --reasonable. 678 00:35:13,560 --> 00:35:15,020 What do you guys think? 679 00:35:15,020 --> 00:35:15,520 Yeah. 680 00:35:15,520 --> 00:35:19,020 I mean, I think that's a reasonable amount of time. 681 00:35:19,020 --> 00:35:21,660 So keep with the 24 months? 682 00:35:21,660 --> 00:35:23,660 OK. 683 00:35:23,660 --> 00:35:26,300 And the other point about this real quickly 684 00:35:26,300 --> 00:35:32,500 is this model code, the word "likely" appears in here. 685 00:35:32,500 --> 00:35:33,900 Now, that's a very simple word. 686 00:35:33,900 --> 00:35:36,980 But it implies that something that 687 00:35:36,980 --> 00:35:38,640 could happen in the future-- and that's 688 00:35:38,640 --> 00:35:40,280 a problem with our current code. 689 00:35:40,280 --> 00:35:44,020 Because our current code, it's so cut and dried 690 00:35:44,020 --> 00:35:46,380 that if it hasn't happened by the day you vote on it, 691 00:35:46,380 --> 00:35:49,720 you're in the clear as a council member. 692 00:35:49,720 --> 00:35:52,320 And so this is a big difference where 693 00:35:52,320 --> 00:35:57,360 if a council member might think, gosh, now, what shall I do here? 694 00:35:57,360 --> 00:35:59,060 I think we're on agreement on this point. 695 00:35:59,060 --> 00:36:01,140 I want to save our time for it getting to the point. 696 00:36:01,140 --> 00:36:01,640 OK. 697 00:36:01,640 --> 00:36:02,140 Well, that's-- 698 00:36:02,140 --> 00:36:06,140 Because I think it's going to be more interesting. 699 00:36:06,140 --> 00:36:08,100 So the next point would be the model code 700 00:36:08,100 --> 00:36:10,580 includes campaign contributions, including 701 00:36:10,580 --> 00:36:13,840 people and their families, entities and their owners, 702 00:36:13,840 --> 00:36:17,540 directors, officers, and political committees 703 00:36:17,540 --> 00:36:20,780 that contributed more than $200 during the last election 704 00:36:20,780 --> 00:36:22,860 cycle. 705 00:36:22,860 --> 00:36:23,860 OK. 706 00:36:23,860 --> 00:36:24,360 Discussion. 707 00:36:24,360 --> 00:36:35,220 I'll just add for context, something similar 708 00:36:35,220 --> 00:36:38,500 was brought before council last time. 709 00:36:38,500 --> 00:36:43,620 And I believe they were confused about the election cycle, how 710 00:36:43,620 --> 00:36:44,780 that was defined. 711 00:36:44,780 --> 00:36:47,740 And so that is part of why they did not vote for it. 712 00:36:47,740 --> 00:36:53,380 It was also, there were only six members on the council at that time. 713 00:36:53,380 --> 00:36:58,300 So what are your thoughts about it, please? 714 00:36:58,300 --> 00:37:00,140 I think this needs to be in there. 715 00:37:00,140 --> 00:37:02,860 I don't know how we clean up the language on the past election 716 00:37:02,860 --> 00:37:04,020 cycle. 717 00:37:04,020 --> 00:37:10,260 I know that I watched that council meeting and I was-- 718 00:37:10,260 --> 00:37:12,780 I'm sure they were upset about it. 719 00:37:12,780 --> 00:37:14,460 No, I mean, I guess I don't think 720 00:37:14,460 --> 00:37:17,220 we had discussed that at all in any of our meetings 721 00:37:17,220 --> 00:37:19,420 about any confusion about that. 722 00:37:19,420 --> 00:37:22,260 And part of that's probably because as far as I know, 723 00:37:22,260 --> 00:37:24,220 none of us are elected officials and we probably 724 00:37:24,220 --> 00:37:26,940 don't think about that sort of thing. 725 00:37:26,940 --> 00:37:31,540 So I don't know how I clean up the language for that, 726 00:37:31,540 --> 00:37:32,980 but it would be-- 727 00:37:32,980 --> 00:37:39,180 maybe we need to-- 728 00:37:39,180 --> 00:37:42,900 What if we said within the last 24 months, 729 00:37:42,900 --> 00:37:49,380 go back to, I mean, that would cover, you know, 730 00:37:49,380 --> 00:37:50,700 seems like a reasonable amount. 731 00:37:50,700 --> 00:37:54,540 But I think the dollar numbers, I want to discuss that too. 732 00:37:54,540 --> 00:38:02,100 It would be cynical to use 24 months. 733 00:38:02,100 --> 00:38:04,460 So it's our list. 734 00:38:04,460 --> 00:38:08,220 We have a definition for most recent and past election cycle 735 00:38:08,220 --> 00:38:12,820 that we didn't draft is confusing, you know. 736 00:38:12,820 --> 00:38:19,380 I would support sticking with 24 months for that as well, 737 00:38:19,380 --> 00:38:21,860 just so there's some consistency. 738 00:38:21,860 --> 00:38:25,620 Like I realize that a client and a campaign contributor 739 00:38:25,620 --> 00:38:29,380 are very different things, but if we 740 00:38:29,380 --> 00:38:34,380 start to do different timespans there, 741 00:38:34,380 --> 00:38:36,740 it's going to just make it more confusing. 742 00:38:36,740 --> 00:38:39,460 I think that's clear and it kind of squares with the other time 743 00:38:39,460 --> 00:38:40,460 when we set up. 744 00:38:40,460 --> 00:38:41,460 What do you guys-- 745 00:38:41,460 --> 00:38:49,980 I really do think that going with the 24 months 746 00:38:49,980 --> 00:38:53,420 would be a lot more clean. 747 00:38:53,420 --> 00:38:56,300 What is the term of a council? 748 00:38:56,300 --> 00:38:57,300 Two years. 749 00:38:57,300 --> 00:38:58,300 That's what it is. 750 00:38:58,300 --> 00:39:04,500 Not that this code is applying only to them. 751 00:39:07,060 --> 00:39:07,580 OK. 752 00:39:07,580 --> 00:39:09,980 So we have agreement on that. 753 00:39:09,980 --> 00:39:11,420 What about the dollar amount? 754 00:39:11,420 --> 00:39:14,180 Are we in agreement with that, or should it be a little higher? 755 00:39:14,180 --> 00:39:19,460 It's going to be outdated five years from now. 756 00:39:19,460 --> 00:39:26,500 Yeah, I think when a TAC donates a lot of money, 757 00:39:26,500 --> 00:39:31,740 that's where I get like thousands of dollars. 758 00:39:31,740 --> 00:39:35,620 But I don't know where to draw the line. 759 00:39:35,620 --> 00:39:38,060 I think that was a point of contention for the city council 760 00:39:38,060 --> 00:39:38,700 members as well. 761 00:39:38,700 --> 00:39:41,180 I know it was. 762 00:39:41,180 --> 00:39:44,460 So do we need to draw a line here? 763 00:39:44,460 --> 00:39:48,420 Do we need to have a financial threshold for that? 764 00:39:48,420 --> 00:39:50,260 We just had the discussion of taking that out 765 00:39:50,260 --> 00:39:52,380 as a substantial client or client. 766 00:40:01,140 --> 00:40:08,060 $200 to a city council, it sounds like a lot of money to me. 767 00:40:08,060 --> 00:40:12,340 Especially for city council, the most donations are not a problem. 768 00:40:12,340 --> 00:40:17,580 Especially since city politics are supposed to be more partisan. 769 00:40:17,580 --> 00:40:19,660 Then I think we get into political issues 770 00:40:19,660 --> 00:40:21,860 that probably shouldn't be there. 771 00:40:21,860 --> 00:40:27,300 I think the one we proposed was $500. 772 00:40:27,300 --> 00:40:30,260 That's helpful. 773 00:40:30,260 --> 00:40:34,140 I can't remember if it was in the council meeting 774 00:40:34,140 --> 00:40:35,460 or if it was something else I read. 775 00:40:35,460 --> 00:40:41,820 There was a lot of discussion about the political committee part of it. 776 00:40:41,820 --> 00:40:48,540 Because if a political action committee donates to a candidate, 777 00:40:48,540 --> 00:40:55,500 and someone that is involved with that political action committee 778 00:40:55,500 --> 00:41:01,020 has business before the council, does that member 779 00:41:01,020 --> 00:41:04,580 have to recuse himself because of that relationship 780 00:41:04,580 --> 00:41:09,780 when that individual did not make the contribution? 781 00:41:09,780 --> 00:41:13,580 And I don't know how to resolve that. 782 00:41:13,580 --> 00:41:16,900 I don't know if that was something you'd have the answer to. 783 00:41:16,900 --> 00:41:21,100 The question came up in the meeting in that discussion, I believe. 784 00:41:21,100 --> 00:41:24,900 And it was, to me, it was something I had never thought about 785 00:41:24,900 --> 00:41:28,340 and did not know was even a potential issue. 786 00:41:28,340 --> 00:41:35,220 But it almost sounded like they were aware of that possibility 787 00:41:35,220 --> 00:41:39,900 or that having the answer in the past. 788 00:41:39,900 --> 00:41:44,700 So I don't know how to resolve that. 789 00:41:44,700 --> 00:41:49,300 Well, that's definitely one way to circumvent it. 790 00:41:49,300 --> 00:41:49,820 Correct. 791 00:41:55,900 --> 00:41:58,620 So there's a "what you would like to see" 792 00:41:58,620 --> 00:42:01,980 and "what seems realistic" kind of thing going on here. 793 00:42:01,980 --> 00:42:10,260 So does this apply to PACs, or are they candidatrix? 794 00:42:10,260 --> 00:42:19,700 The model code applies to individuals, business entities, 795 00:42:19,700 --> 00:42:25,780 and party town/non-candidate political committees. 796 00:42:25,780 --> 00:42:28,140 A political committee would be a PAC, right? 797 00:42:28,140 --> 00:42:36,940 I think non-candidate political committee, this is a PAC. 798 00:42:36,940 --> 00:42:38,340 I think. 799 00:42:38,340 --> 00:42:39,780 That would be my guess. 800 00:42:39,780 --> 00:42:43,780 Because I know the law changed maybe four or five years ago 801 00:42:43,780 --> 00:42:49,980 where a PAC does not have to identify his affiliation. 802 00:42:49,980 --> 00:42:53,140 And so it makes it even more complicated. 803 00:42:53,140 --> 00:42:56,860 Because on a federal level, they don't 804 00:42:56,860 --> 00:42:58,820 have to identify where they're coming from, 805 00:42:58,820 --> 00:43:03,060 which I think is protective for a company that might be-- 806 00:43:03,060 --> 00:43:05,540 Does anyone know how much the PAC's donated to it? 807 00:43:05,540 --> 00:43:08,140 I tried to clock it on a council person, I mean. 808 00:43:08,140 --> 00:43:10,300 Last time, it was more than $500,000. 809 00:43:10,300 --> 00:43:12,300 Oh, very much more. 810 00:43:12,300 --> 00:43:18,100 $500,000. 811 00:43:18,100 --> 00:43:21,580 And this wouldn't stop council members from receiving money. 812 00:43:21,580 --> 00:43:24,140 This would just require them to refuse themselves 813 00:43:24,140 --> 00:43:30,340 from matters involving that organization. 814 00:43:30,340 --> 00:43:32,020 Might be one of their quesals. 815 00:43:32,020 --> 00:43:34,500 Yeah. 816 00:43:34,500 --> 00:43:37,300 Well, I think that's the point of this. 817 00:43:37,300 --> 00:43:38,900 Yeah, yeah. 818 00:43:38,900 --> 00:43:44,620 Because the biggest one I saw was a group of realtors, 819 00:43:44,620 --> 00:43:48,260 and there was one group in North Texas, 820 00:43:48,260 --> 00:43:51,180 and there was another group out in Lubbock, 821 00:43:51,180 --> 00:43:55,180 which I found interesting. 822 00:43:55,180 --> 00:43:57,700 And it was thousands and thousands of dollars. 823 00:43:57,700 --> 00:43:59,260 It was in the newspaper. 824 00:44:05,260 --> 00:44:09,100 I think I would support going with the model code definition 825 00:44:09,100 --> 00:44:12,220 and the wording here. 826 00:44:12,220 --> 00:44:15,900 Because I think it's a lot harder to just sort of strike 827 00:44:15,900 --> 00:44:20,460 this down as, well, we don't know how to apply this. 828 00:44:20,460 --> 00:44:24,340 For the council to say, there's a lot of gray area here. 829 00:44:24,340 --> 00:44:25,740 We don't know how to apply this. 830 00:44:25,740 --> 00:44:32,620 We can't actually use this if we use the model code language. 831 00:44:32,620 --> 00:44:36,300 And I would strongly support keeping this 832 00:44:36,300 --> 00:44:40,260 as part of the conflict of interest. 833 00:44:40,260 --> 00:44:42,660 With the 24-months? 834 00:44:42,660 --> 00:44:47,220 With the 24-months definition to try and resolve the issue 835 00:44:47,220 --> 00:44:50,100 that they're concerned they had before about the election 836 00:44:50,100 --> 00:44:52,780 cycle, because I don't know how to fix that part of it. 837 00:44:52,780 --> 00:44:54,420 I mean, it doesn't-- 838 00:44:54,420 --> 00:44:55,780 I listened to it like three times, 839 00:44:55,780 --> 00:44:58,100 and it didn't make sense to me. 840 00:44:58,100 --> 00:44:59,500 That's good to know. 841 00:45:03,420 --> 00:45:07,820 So go-- so I hear Dustin supporting it 842 00:45:07,820 --> 00:45:10,220 with just changing the 24-months. 843 00:45:10,220 --> 00:45:13,620 [INAUDIBLE] 844 00:45:13,620 --> 00:45:14,300 OK. 845 00:45:14,300 --> 00:45:15,780 I agree, too. 846 00:45:15,780 --> 00:45:18,340 Move on. 847 00:45:18,340 --> 00:45:21,660 The model code also includes non-relative housemates 848 00:45:21,660 --> 00:45:25,060 and substantial debtors or creditors 849 00:45:25,060 --> 00:45:26,260 of the city official. 850 00:45:26,260 --> 00:45:32,180 You good with that? 851 00:45:32,180 --> 00:45:34,180 Yes. 852 00:45:34,180 --> 00:45:34,660 Dave? 853 00:45:34,660 --> 00:45:43,620 For now, yes. 854 00:45:43,620 --> 00:45:45,060 Andrea? 855 00:45:45,060 --> 00:45:46,420 Tom? 856 00:45:46,420 --> 00:45:48,340 I'm good with it. 857 00:45:48,340 --> 00:45:48,820 OK. 858 00:45:48,820 --> 00:45:53,540 So this next one is the city of debt 859 00:45:53,540 --> 00:45:55,060 and includes people or entities that 860 00:45:55,060 --> 00:45:58,340 have offered a city official employment, ownership 861 00:45:58,340 --> 00:46:02,020 of real property, which are not included in the model code. 862 00:46:03,020 --> 00:46:07,420 Isn't that kind of covered in some of the others, 863 00:46:07,420 --> 00:46:08,380 more generally? 864 00:46:08,380 --> 00:46:20,220 The property was covered by annual disclosures, perhaps. 865 00:46:20,220 --> 00:46:28,940 I mean, in some way, it's just not as explicitly covered. 866 00:46:28,940 --> 00:46:30,860 So what do you guys think about this? 867 00:46:32,180 --> 00:46:35,660 [SIDE CONVERSATION] 868 00:46:35,660 --> 00:46:49,580 I was involved in one of the tribunals, the three people, 869 00:46:49,580 --> 00:46:52,380 and there was a council member who was a director. 870 00:46:52,380 --> 00:46:54,980 I believe it was the title of a charity. 871 00:46:54,980 --> 00:46:55,780 A service organization. 872 00:46:55,780 --> 00:46:58,540 I wanted to make sure that-- 873 00:46:58,540 --> 00:47:01,980 Which I'm really glad she did. 874 00:47:01,980 --> 00:47:04,940 [SIDE CONVERSATION] 875 00:47:04,940 --> 00:47:07,700 Somebody put the flags up. 876 00:47:07,700 --> 00:47:09,580 Yeah, this works. 877 00:47:09,580 --> 00:47:14,420 Because she knew she was a director of that nonprofit. 878 00:47:14,420 --> 00:47:18,420 So she brought it to us. 879 00:47:18,420 --> 00:47:22,260 So are you saying leave that part from the city? 880 00:47:22,260 --> 00:47:25,140 I would. 881 00:47:25,140 --> 00:47:27,540 Andrea, what do you think? 882 00:47:27,540 --> 00:47:28,020 Leave it? 883 00:47:32,020 --> 00:47:35,100 OK, can we splice it in? 884 00:47:35,100 --> 00:47:37,260 Yeah, so I think what we just talked about 885 00:47:37,260 --> 00:47:43,020 was nonprofit organizations being on the board, 886 00:47:43,020 --> 00:47:46,100 being part of the conflict of interest. 887 00:47:46,100 --> 00:47:47,260 That's in both. 888 00:47:47,260 --> 00:47:50,300 So I'm hearing yes to that. 889 00:47:50,300 --> 00:47:56,420 The model code doesn't clearly have 890 00:47:56,420 --> 00:48:00,220 being a non-compensated board member for a business entity. 891 00:48:02,940 --> 00:48:05,380 I did not read it clearly in there. 892 00:48:05,380 --> 00:48:07,820 That is in the city's code. 893 00:48:07,820 --> 00:48:09,500 Do we really like to keep that? 894 00:48:09,500 --> 00:48:12,900 So maybe there's something the city code has that's better. 895 00:48:12,900 --> 00:48:17,420 We might be in favor of leaving it, that part. 896 00:48:17,420 --> 00:48:23,300 I'm in favor of leaving that in. 897 00:48:23,300 --> 00:48:24,260 Patricia? 898 00:48:24,260 --> 00:48:25,060 Yeah. 899 00:48:25,060 --> 00:48:26,220 Yes. 900 00:48:26,220 --> 00:48:27,300 Yes? 901 00:48:27,300 --> 00:48:27,780 Yes. 902 00:48:27,780 --> 00:48:28,420 OK. 903 00:48:28,420 --> 00:48:30,220 And then I have a couple more, sorry. 904 00:48:30,220 --> 00:48:31,180 Yeah. 905 00:48:31,180 --> 00:48:34,540 The author of employment, I think, again, it's 906 00:48:34,540 --> 00:48:38,340 not as explicitly defined in the model code. 907 00:48:38,340 --> 00:48:42,860 You could say it's covered, potentially. 908 00:48:42,860 --> 00:48:47,940 But that we actually just amended the code to include. 909 00:48:47,940 --> 00:48:51,020 I'll leave that. 910 00:48:51,020 --> 00:48:53,740 Are you saying it's redundant, or-- 911 00:48:53,740 --> 00:48:54,500 It's kind of-- 912 00:48:54,500 --> 00:48:56,620 Saying it's for clarification. 913 00:48:56,620 --> 00:48:58,060 Yeah, clarification, I find. 914 00:49:01,220 --> 00:49:03,580 Good. 915 00:49:03,580 --> 00:49:04,540 Thumbs up all around? 916 00:49:04,540 --> 00:49:05,020 Yeah, good. 917 00:49:05,020 --> 00:49:05,780 OK. 918 00:49:05,780 --> 00:49:08,300 OK. 919 00:49:08,300 --> 00:49:10,300 So then do we go into the section that 920 00:49:10,300 --> 00:49:13,900 begins with withdrawal from participation, or-- 921 00:49:13,900 --> 00:49:15,300 I think there's one more discussion 922 00:49:15,300 --> 00:49:16,540 about the real property. 923 00:49:16,540 --> 00:49:17,940 Oh, OK. 924 00:49:17,940 --> 00:49:20,100 Because the way that the model code defines it 925 00:49:20,100 --> 00:49:22,140 is it basically lifts people. 926 00:49:32,020 --> 00:49:36,020 So in this list of people, it doesn't include property, 927 00:49:36,020 --> 00:49:38,380 because property is not a person. 928 00:49:38,380 --> 00:49:40,980 But it does include taking action 929 00:49:40,980 --> 00:49:43,500 that would impact your personal or financial benefit, 930 00:49:43,500 --> 00:49:47,220 and then requires property to be disclosed annually. 931 00:49:47,220 --> 00:49:49,860 So I think it's covered that way in the model code. 932 00:49:49,860 --> 00:49:52,020 So I just wanted to make sure that we are aware. 933 00:49:52,020 --> 00:49:54,180 We would basically be taking that as clearly out, 934 00:49:54,180 --> 00:49:58,380 but it would still be in there, in that way. 935 00:49:58,380 --> 00:50:02,060 In that way. 936 00:50:02,060 --> 00:50:04,620 I like that they could be more work for you, 937 00:50:04,620 --> 00:50:08,420 because it gets submitted to you, right? 938 00:50:08,420 --> 00:50:11,420 It's more work for you. 939 00:50:11,420 --> 00:50:12,700 It's like the national debt. 940 00:50:12,700 --> 00:50:18,860 What do you guys think? 941 00:50:18,860 --> 00:50:25,580 I'm not sure I understood what you're saying. 942 00:50:25,580 --> 00:50:27,060 Sorry. 943 00:50:27,060 --> 00:50:32,660 Leaving in the model code's-- 944 00:50:32,660 --> 00:50:34,220 Basically, I just wanted to make clear 945 00:50:34,220 --> 00:50:38,220 the difference between the model code and the current code. 946 00:50:38,220 --> 00:50:41,780 The current code clearly calls out that owning property. 947 00:50:41,780 --> 00:50:49,020 If you own property that's impacted by appending matter, 948 00:50:49,020 --> 00:50:50,620 then you have to refuse. 949 00:50:50,620 --> 00:50:53,620 Whereas that's not as explicit in the model code, 950 00:50:53,620 --> 00:50:56,620 but it's implied, basically. 951 00:50:56,620 --> 00:50:59,820 And the model code makes you list all of your property 952 00:50:59,820 --> 00:51:00,580 once a year. 953 00:51:00,580 --> 00:51:01,820 Right. 954 00:51:01,820 --> 00:51:02,740 Within the city. 955 00:51:02,740 --> 00:51:07,660 So it's just kind of too-- 956 00:51:07,660 --> 00:51:09,780 it's not, yeah, if you own something in California, 957 00:51:09,780 --> 00:51:12,060 you don't have to dispose of it. 958 00:51:12,060 --> 00:51:16,380 It's just kind of two different ways of making that, 959 00:51:16,380 --> 00:51:19,020 of stating that. 960 00:51:19,020 --> 00:51:22,860 Does our current code say you have to recuse or just 961 00:51:22,860 --> 00:51:24,220 disclose? 962 00:51:24,220 --> 00:51:29,980 I believe it says you have to recuse if appending matter 963 00:51:29,980 --> 00:51:32,740 would impact a property that you own. 964 00:51:32,740 --> 00:51:39,500 So if council was hearing my case, my zoning case 965 00:51:39,500 --> 00:51:41,500 or something, and I was on council, 966 00:51:41,500 --> 00:51:45,540 I would have to not vote on that, is what it says. 967 00:51:45,540 --> 00:51:47,580 OK. 968 00:51:47,580 --> 00:51:51,020 It's just explicit in the current debt and code, 969 00:51:51,020 --> 00:51:54,100 whereas you would still have to recuse under the model 970 00:51:54,100 --> 00:51:54,600 code. 971 00:51:54,600 --> 00:51:55,860 It's just not as explicit. 972 00:51:55,860 --> 00:51:57,860 Yeah. 973 00:51:57,860 --> 00:52:00,980 Or I think you would still be expected to recuse. 974 00:52:00,980 --> 00:52:03,140 That could be a challenge to someone 975 00:52:03,140 --> 00:52:05,660 if they own property all over the city, right? 976 00:52:05,660 --> 00:52:09,460 Potentially. 977 00:52:09,460 --> 00:52:10,420 I don't know how many. 978 00:52:10,420 --> 00:52:10,920 I don't-- 979 00:52:10,920 --> 00:52:20,420 Reaction? 980 00:52:20,420 --> 00:52:26,100 I think if they-- are they required to reveal 981 00:52:26,100 --> 00:52:27,700 the properties once a year? 982 00:52:27,700 --> 00:52:28,740 Is that what you were saying? 983 00:52:28,740 --> 00:52:31,020 In the model code, the model code 984 00:52:31,020 --> 00:52:33,020 includes an annual disclosure process, 985 00:52:33,020 --> 00:52:34,340 which is not in our current code. 986 00:52:34,340 --> 00:52:36,220 That requires you to list all the properties 987 00:52:36,220 --> 00:52:39,140 you own within the city limits and a mile outside 988 00:52:39,140 --> 00:52:42,940 or something, including the properties your spouse owns, 989 00:52:42,940 --> 00:52:45,140 I believe, annually, yes. 990 00:52:45,140 --> 00:52:47,620 And then that disclosure, all those disclosures 991 00:52:47,620 --> 00:52:51,220 get given to the Board of Advocates essentially. 992 00:52:51,220 --> 00:52:52,180 Get given to the what? 993 00:52:52,180 --> 00:52:53,140 The Board of Advocates. 994 00:52:53,140 --> 00:52:54,640 Yeah. 995 00:52:54,640 --> 00:52:58,140 The Advocates Commission. 996 00:52:58,140 --> 00:53:00,540 What do you think, Tom? 997 00:53:00,540 --> 00:53:03,460 That's a lot of work for us. 998 00:53:03,460 --> 00:53:06,820 That's a lot of work for us. 999 00:53:06,820 --> 00:53:08,700 But I think that's helpful because-- 1000 00:53:08,700 --> 00:53:11,620 It's easier to say you must recuse yourself 1001 00:53:11,620 --> 00:53:15,740 if you own property that's going to be impacted by your vote, 1002 00:53:15,740 --> 00:53:17,660 as opposed to-- 1003 00:53:17,660 --> 00:53:19,780 This is where in the city of San Marcos, 1004 00:53:19,780 --> 00:53:23,180 they're like, don't even think about being a city official. 1005 00:53:23,180 --> 00:53:26,300 If you-- and this was-- 1006 00:53:26,300 --> 00:53:28,460 that was where I called a friend and said, what? 1007 00:53:28,460 --> 00:53:30,220 Why was this so specific? 1008 00:53:30,220 --> 00:53:32,020 And he said, because we've had problems. 1009 00:53:32,020 --> 00:53:36,340 And I said, OK, got it. 1010 00:53:36,340 --> 00:53:38,140 But I think that's helpful. 1011 00:53:38,140 --> 00:53:43,100 But if there's a disclosure process once a year, 1012 00:53:43,100 --> 00:53:46,420 that also makes it much more reasonable why it doesn't 1013 00:53:46,420 --> 00:53:47,580 have to be so explicit. 1014 00:53:47,580 --> 00:53:50,220 And you have to recuse yourself because at that point, 1015 00:53:50,220 --> 00:53:52,900 the assumption becomes, well, they know that I own this. 1016 00:53:52,900 --> 00:53:55,820 And then the appearance is-- 1017 00:53:55,820 --> 00:53:56,420 right? 1018 00:53:56,420 --> 00:53:56,920 Yeah. 1019 00:53:56,920 --> 00:54:03,060 So does that mean that we will now-- 1020 00:54:03,060 --> 00:54:04,980 we will also recommend that there's 1021 00:54:04,980 --> 00:54:09,660 going to be a disclosure process for these-- 1022 00:54:09,660 --> 00:54:11,780 That's also part of today's discussion. 1023 00:54:11,780 --> 00:54:12,280 OK. 1024 00:54:12,280 --> 00:54:12,780 Yeah. 1025 00:54:12,780 --> 00:54:15,500 We're comfortable with there not being an explicit statement 1026 00:54:15,500 --> 00:54:17,260 about it because we are going to recommend 1027 00:54:17,260 --> 00:54:19,860 there being this other disclosure piece. 1028 00:54:19,860 --> 00:54:22,060 That's mostly what I was trying to get to. 1029 00:54:22,060 --> 00:54:24,420 OK. 1030 00:54:24,420 --> 00:54:29,020 So up, down. 1031 00:54:29,020 --> 00:54:31,900 And up is how the needs of-- 1032 00:54:31,900 --> 00:54:33,340 Less specific. 1033 00:54:33,340 --> 00:54:35,020 --and have the disclosure thing. 1034 00:54:35,020 --> 00:54:36,420 Yeah, I'm with that. 1035 00:54:36,420 --> 00:54:39,220 So you agree with that? 1036 00:54:39,220 --> 00:54:41,260 Yes, yes. 1037 00:54:41,260 --> 00:54:43,980 I'll comment. 1038 00:54:43,980 --> 00:54:45,700 For me, they have to be in combination. 1039 00:54:45,700 --> 00:54:47,940 For me, they have to be in combination. 1040 00:54:47,940 --> 00:54:51,140 I will only go less specific if there's a disclosure. 1041 00:54:51,140 --> 00:54:55,020 If there's no disclosure, then it needs to be specific. 1042 00:54:55,020 --> 00:55:00,500 Oh, so there's no disclosure required in the model code? 1043 00:55:00,500 --> 00:55:01,060 It is-- 1044 00:55:01,060 --> 00:55:02,540 There it is, yeah. 1045 00:55:02,540 --> 00:55:08,500 The disclosure-- the recusalism as specific. 1046 00:55:08,500 --> 00:55:10,300 In the model code, it doesn't clearly 1047 00:55:10,300 --> 00:55:14,180 list that owning property is a conflict of interest 1048 00:55:14,180 --> 00:55:15,380 the way it does in our code. 1049 00:55:15,380 --> 00:55:17,580 But that's because it's very much 1050 00:55:17,580 --> 00:55:20,740 implied by the rest of the code. 1051 00:55:20,740 --> 00:55:26,060 I support that. 1052 00:55:26,060 --> 00:55:34,660 I mean, I support the idea of defining it 1053 00:55:34,660 --> 00:55:38,740 as a conflict of interest and requiring recusal and trying 1054 00:55:38,740 --> 00:55:43,540 to make sense of the requirement for disclosure annually. 1055 00:55:43,540 --> 00:55:44,340 I don't know if that-- 1056 00:55:44,340 --> 00:55:55,500 I think there's some discussion about how much extra work that 1057 00:55:55,500 --> 00:55:58,660 is, not just for Madison or possibly this board, 1058 00:55:58,660 --> 00:56:02,900 but for the council members and everyone else that's 1059 00:56:02,900 --> 00:56:04,540 affected by the ethics code. 1060 00:56:04,540 --> 00:56:06,580 I wonder if we could just require that when 1061 00:56:06,580 --> 00:56:11,580 someone gets elected and then they 1062 00:56:11,580 --> 00:56:14,860 have to update if they buy or sell any of those. 1063 00:56:14,860 --> 00:56:19,260 That's work, too. 1064 00:56:19,260 --> 00:56:21,500 If I turn in, here's my list today, 1065 00:56:21,500 --> 00:56:24,860 it very likely could change tomorrow. 1066 00:56:24,860 --> 00:56:31,260 The only reason I'm hesitating is because we are-- 1067 00:56:31,260 --> 00:56:33,900 I think what we're doing is trying 1068 00:56:33,900 --> 00:56:36,660 to put a list together to go back and say, 1069 00:56:36,660 --> 00:56:39,540 hey, we got you on this one you told us before, 1070 00:56:39,540 --> 00:56:44,380 that you have ownership stake in whatever property 1071 00:56:44,380 --> 00:56:48,940 and then you board it on this zoning change 1072 00:56:48,940 --> 00:56:50,420 or whatever it is. 1073 00:56:50,420 --> 00:56:56,220 And it's having trouble separating. 1074 00:56:56,220 --> 00:56:58,780 We're not requiring them to disclose 1075 00:56:58,780 --> 00:57:03,860 personal relationships or client relationships, which 1076 00:57:03,860 --> 00:57:07,380 could potentially result in a conflict of interest. 1077 00:57:07,380 --> 00:57:11,140 Because that, I think, is unreasonable to ask for. 1078 00:57:11,140 --> 00:57:14,220 And I'm just trying to convince myself 1079 00:57:14,220 --> 00:57:17,660 it's unreasonable to ask someone to disclose 1080 00:57:17,660 --> 00:57:22,380 all of their real property to the city or this board 1081 00:57:22,380 --> 00:57:24,620 or whoever else. 1082 00:57:24,620 --> 00:57:28,380 Does it make sense to require that? 1083 00:57:28,380 --> 00:57:33,940 I wonder if this was written before-- you can look stuff up 1084 00:57:33,940 --> 00:57:34,900 and write strikers. 1085 00:57:34,900 --> 00:57:40,340 It's not hard to find out unless people are using root names. 1086 00:57:40,340 --> 00:57:42,980 I'm fine with requiring disclosure. 1087 00:57:42,980 --> 00:57:48,460 I'm just trying to think of how do we do this in a way 1088 00:57:48,460 --> 00:57:51,900 that we get the things in the code that we think genuinely 1089 00:57:51,900 --> 00:57:53,940 need to be there for this to be effective 1090 00:57:53,940 --> 00:57:58,260 and to cover things that are not covered now 1091 00:57:58,260 --> 00:58:02,700 without council saying, oh, no, we're going to ignore this. 1092 00:58:02,700 --> 00:58:07,380 Disclosure as an actual item comes up, 1093 00:58:07,380 --> 00:58:10,620 or just the entire disclosure process? 1094 00:58:10,620 --> 00:58:14,380 Like an annual disclosure process, to me, 1095 00:58:14,380 --> 00:58:16,900 is a lot of effort for someone. 1096 00:58:16,900 --> 00:58:19,700 And I'm thinking about what you described about San Marcos 1097 00:58:19,700 --> 00:58:22,700 and what I saw in the council meeting where they discussed 1098 00:58:22,700 --> 00:58:24,500 our previous revisions. 1099 00:58:24,500 --> 00:58:27,900 And it was like, oh, they saw something in those revisions 1100 00:58:27,900 --> 00:58:28,700 that we proposed. 1101 00:58:28,700 --> 00:58:31,620 And then automatically, it was like, well, I don't-- 1102 00:58:31,620 --> 00:58:32,300 this is bad. 1103 00:58:32,300 --> 00:58:32,900 This is bad. 1104 00:58:32,900 --> 00:58:34,420 I don't even want to discuss this. 1105 00:58:34,420 --> 00:58:40,380 I think we could cover it more economically or more easily 1106 00:58:40,380 --> 00:58:44,300 by just making sure that recusal is expected. 1107 00:58:44,300 --> 00:58:46,940 Yeah, I'm 100% in support of that. 1108 00:58:46,940 --> 00:58:52,460 And not requiring an annual disclosure 1109 00:58:52,460 --> 00:58:56,380 does not make it so that they can now 1110 00:58:56,380 --> 00:58:59,180 vote on something where they have a conflict of interest. 1111 00:58:59,180 --> 00:59:02,380 They are required to disclose that if a pending matter comes 1112 00:59:02,380 --> 00:59:03,660 up. 1113 00:59:03,660 --> 00:59:05,500 That would be the language I would support. 1114 00:59:05,500 --> 00:59:08,420 It would be simpler and more [INAUDIBLE] 1115 00:59:08,420 --> 00:59:11,740 Otherwise, you leave it up to partnerships 1116 00:59:11,740 --> 00:59:14,260 and all kinds of stuff on the others. 1117 00:59:14,260 --> 00:59:16,460 That could get horribly-- 1118 00:59:16,460 --> 00:59:19,220 All I'm trying to avoid, I think, is-- 1119 00:59:19,220 --> 00:59:20,220 well, there's two things. 1120 00:59:20,220 --> 00:59:22,740 One is the current members of council 1121 00:59:22,740 --> 00:59:26,140 getting our proposed revisions and seeing that and saying, 1122 00:59:26,140 --> 00:59:27,740 well, I don't want to deal with that. 1123 00:59:27,740 --> 00:59:29,100 I'm going to vote against this. 1124 00:59:29,100 --> 00:59:31,860 And also, either the current council members 1125 00:59:31,860 --> 00:59:34,700 or potential council members in the future 1126 00:59:34,700 --> 00:59:39,020 who own a lot of property or are realtor or whatever else, 1127 00:59:39,020 --> 00:59:39,900 and they see that. 1128 00:59:39,900 --> 00:59:42,020 And they're like, well, I want to serve my city, 1129 00:59:42,020 --> 00:59:44,580 but I don't have a bunch of stuff here. 1130 00:59:44,580 --> 00:59:51,340 And I don't want to deal with that, even though I would-- 1131 00:59:51,340 --> 00:59:52,900 I'm not in the real estate business, 1132 00:59:52,900 --> 00:59:57,300 but I can imagine there are people that may want 1133 00:59:57,300 --> 01:00:02,740 to serve on council and want to do that in a way 1134 01:00:02,740 --> 01:00:06,220 without having a conflict of interest that they're going to-- 1135 01:00:06,220 --> 01:00:08,220 I suspect this was written-- 1136 01:00:08,220 --> 01:00:12,380 the MAWA cut was written before you could easily 1137 01:00:12,380 --> 01:00:15,420 search things and tax records online. 1138 01:00:15,420 --> 01:00:16,780 It was written in 2006. 1139 01:00:16,780 --> 01:00:17,260 Yeah. 1140 01:00:17,260 --> 01:00:19,780 Oh, OK. 1141 01:00:19,780 --> 01:00:20,620 Sorry to derail. 1142 01:00:20,620 --> 01:00:23,020 I can be convinced otherwise. 1143 01:00:23,020 --> 01:00:25,540 But that's all I'm thinking about, is how do we make this 1144 01:00:25,540 --> 01:00:28,660 as simple as possible without getting it all struck down. 1145 01:00:28,660 --> 01:00:31,260 That does seem more complicated for everybody. 1146 01:00:31,260 --> 01:00:33,180 If I'm missing something on the requirements-- 1147 01:00:33,180 --> 01:00:37,060 So can we go with the recusal thing and just-- 1148 01:00:37,060 --> 01:00:41,060 I think that if we go with what the MAWA code says, 1149 01:00:41,060 --> 01:00:44,620 you're saying it requires you to refuse and disclose 1150 01:00:44,620 --> 01:00:47,220 why you refused anyway. 1151 01:00:47,220 --> 01:00:50,540 It just wouldn't require the annual disclosure. 1152 01:00:50,540 --> 01:00:51,900 I'm 100% aware of it. 1153 01:00:51,900 --> 01:00:54,740 I mean, that's kind of the next part of the discussion, really. 1154 01:00:54,740 --> 01:01:03,660 Kind of just discuss this. 1155 01:01:03,660 --> 01:01:11,140 So the model code has the two types of disclosure. 1156 01:01:11,140 --> 01:01:12,780 Basically, there's the transactional, 1157 01:01:12,780 --> 01:01:15,340 is what they call it, which is kind of like what we have now 1158 01:01:15,340 --> 01:01:17,820 when you file an affidavit of this extension. 1159 01:01:17,820 --> 01:01:20,060 When you basically say, I can't vote on this item, 1160 01:01:20,060 --> 01:01:23,620 this pending matter because of x, y, z, you file that. 1161 01:01:23,620 --> 01:01:27,300 And then it gets given to me, hopefully. 1162 01:01:27,300 --> 01:01:30,540 And then Tammy wonderfully logs it and puts it 1163 01:01:30,540 --> 01:01:33,500 in a place somewhere that I don't look at because I'm not 1164 01:01:33,500 --> 01:01:34,300 actually allowed to. 1165 01:01:34,300 --> 01:01:39,300 So that's how the current code works. 1166 01:01:39,300 --> 01:01:43,460 Under the MAWA code, it's similar. 1167 01:01:43,460 --> 01:01:46,780 But it's provided to the FX body as well, 1168 01:01:46,780 --> 01:01:50,820 as well as the relevant body that they're in. 1169 01:01:50,820 --> 01:01:52,420 So if they're on the council and they 1170 01:01:52,420 --> 01:01:54,780 disclose or withdraw from something, 1171 01:01:54,780 --> 01:01:57,860 it gets told to the register. 1172 01:01:57,860 --> 01:01:59,580 And then they have the annual disclosure. 1173 01:01:59,580 --> 01:02:02,420 Kind of sounds like the direction is at. 1174 01:02:02,420 --> 01:02:03,980 The consensus is that we don't want 1175 01:02:03,980 --> 01:02:07,940 to have an annual disclosure process. 1176 01:02:07,940 --> 01:02:10,340 Is that what we're hearing? 1177 01:02:10,340 --> 01:02:11,340 Yep. 1178 01:02:11,340 --> 01:02:12,820 Yep. 1179 01:02:12,820 --> 01:02:14,300 I think that's what we're hearing. 1180 01:02:14,300 --> 01:02:16,420 That's what I'm hearing. 1181 01:02:16,420 --> 01:02:18,740 So then we move on to-- 1182 01:02:18,740 --> 01:02:22,460 So then the last piece is when you have to withdraw, 1183 01:02:22,460 --> 01:02:24,180 which is the pending matter discussion. 1184 01:02:24,180 --> 01:02:33,100 So model code requires city officials 1185 01:02:33,100 --> 01:02:37,420 to refrain from acting on or discussing formally 1186 01:02:37,420 --> 01:02:40,140 or informally a matter before the city 1187 01:02:40,140 --> 01:02:43,180 if a conflict of interest exists. 1188 01:02:43,180 --> 01:02:45,860 A matter, in this instance, is not defined further 1189 01:02:45,860 --> 01:02:48,540 and is much broader than the city's pending matter 1190 01:02:48,540 --> 01:02:51,020 definition. 1191 01:02:51,020 --> 01:02:53,660 Another simple difference between these two definitions 1192 01:02:53,660 --> 01:02:56,980 is that the model codes may occur at any time, 1193 01:02:56,980 --> 01:02:59,780 whereas the city may only occur at public meetings. 1194 01:02:59,780 --> 01:03:07,980 So what do you think, model code versus city? 1195 01:03:07,980 --> 01:03:11,300 I like the broader definition. 1196 01:03:11,300 --> 01:03:14,700 So Patricia for the model code, Dave for the model code. 1197 01:03:14,700 --> 01:03:17,900 Yes, broader, yes. 1198 01:03:17,900 --> 01:03:20,820 Dustin for model code, Tom, yes. 1199 01:03:20,820 --> 01:03:21,300 OK. 1200 01:03:21,300 --> 01:03:23,220 I thought that was going to be a tough one. 1201 01:03:23,220 --> 01:03:24,700 No. 1202 01:03:24,700 --> 01:03:27,100 Six in favor of model code. 1203 01:03:27,100 --> 01:03:35,140 So is that it? 1204 01:03:35,140 --> 01:03:36,900 So I think that I have the direction 1205 01:03:36,900 --> 01:03:43,100 I need to draft something for us to review in February. 1206 01:03:43,100 --> 01:03:43,600 OK. 1207 01:03:45,580 --> 01:03:52,500 I really do appreciate that you guys have taken so much time 1208 01:03:52,500 --> 01:03:57,260 to review everything, because it makes our discussions a lot 1209 01:03:57,260 --> 01:03:58,220 easier. 1210 01:03:58,220 --> 01:03:59,700 So thank you. 1211 01:03:59,700 --> 01:04:10,460 So we move on to BOE 24-004, which is item B, 1212 01:04:10,460 --> 01:04:12,380 management reports. 1213 01:04:12,380 --> 01:04:14,460 Is there anything to discuss here? 1214 01:04:14,460 --> 01:04:17,900 No, I just included the activity report. 1215 01:04:17,900 --> 01:04:21,700 It's online now as well, or it should be soon. 1216 01:04:21,700 --> 01:04:24,380 And plan to do those in the future. 1217 01:04:24,380 --> 01:04:26,540 But I don't know if you have to paint them. 1218 01:04:26,540 --> 01:04:30,420 I don't have to, but sorry if it's helpful. 1219 01:04:30,420 --> 01:04:30,900 OK. 1220 01:04:30,900 --> 01:04:36,380 So we now move on to item E, BOE 24-004. 1221 01:04:36,380 --> 01:04:40,380 I have one question under D. Where 1222 01:04:40,380 --> 01:04:44,580 do we stand, Madison, on the burden? 1223 01:04:44,580 --> 01:04:46,620 I've been looking through this memorandum 1224 01:04:46,620 --> 01:04:48,700 of where we're supposedly covered. 1225 01:04:48,700 --> 01:04:51,940 Where do we stand on this burden of proof? 1226 01:04:51,940 --> 01:04:55,340 Yes, so we've given direction to move forward with that. 1227 01:04:55,340 --> 01:05:00,620 So when we take the packet to council in March or April, 1228 01:05:00,620 --> 01:05:02,220 it'll go to council at that point. 1229 01:05:02,220 --> 01:05:05,540 So that-- OK, so that's a done deal. 1230 01:05:05,540 --> 01:05:07,220 It's done as far as-- 1231 01:05:07,220 --> 01:05:07,980 From our side. 1232 01:05:07,980 --> 01:05:09,180 Right, yes. 1233 01:05:09,180 --> 01:05:10,940 So there would be two items. 1234 01:05:10,940 --> 01:05:14,260 This whole conflict of interest and the-- 1235 01:05:14,260 --> 01:05:15,780 yeah, and I feel like if-- 1236 01:05:15,780 --> 01:05:19,180 I mean, these are two items that are going to-- 1237 01:05:19,180 --> 01:05:20,340 could be big. 1238 01:05:20,340 --> 01:05:23,820 But I wouldn't want to add anything more than once we 1239 01:05:23,820 --> 01:05:27,100 clarify this, we're ready to move to council. 1240 01:05:27,100 --> 01:05:29,380 Yeah, one, I'll bring back language next time, 1241 01:05:29,380 --> 01:05:31,420 and then we can decide at that point, 1242 01:05:31,420 --> 01:05:32,860 are we comfortable with the language, 1243 01:05:32,860 --> 01:05:35,380 or do we want to review it again in March 1244 01:05:35,380 --> 01:05:38,700 before we send it to council? 1245 01:05:38,700 --> 01:05:40,700 OK. 1246 01:05:40,700 --> 01:05:46,220 So we move on to item E, BOE 24-005, Receiver Report, 1247 01:05:46,220 --> 01:05:49,020 Hold a Discussion, and Give Staff Direction 1248 01:05:49,020 --> 01:05:51,580 Regarding Future Meeting Topics. 1249 01:05:51,580 --> 01:05:56,460 I think on the schedule right now is, 1250 01:05:56,460 --> 01:05:59,420 like we just discussed, the red lines for the things 1251 01:05:59,420 --> 01:06:02,620 that we want to bring to council soon. 1252 01:06:02,620 --> 01:06:07,980 We could add items to the agenda for next time or not. 1253 01:06:07,980 --> 01:06:11,540 But that's what this item is for. 1254 01:06:11,540 --> 01:06:13,540 What's your pleasure? 1255 01:06:13,540 --> 01:06:16,260 I think we need to get a good look at what we've done today 1256 01:06:16,260 --> 01:06:18,740 in writing a form we had-- 1257 01:06:18,740 --> 01:06:19,740 So I would say not-- 1258 01:06:19,740 --> 01:06:20,660 --anything else. 1259 01:06:20,660 --> 01:06:21,780 --not add. 1260 01:06:21,780 --> 01:06:22,660 Yes, I would agree. 1261 01:06:22,660 --> 01:06:23,420 I would agree. 1262 01:06:23,420 --> 01:06:24,740 Agreed. 1263 01:06:24,740 --> 01:06:27,140 Boy, we're in unison. 1264 01:06:27,140 --> 01:06:28,020 All right. 1265 01:06:28,020 --> 01:06:29,420 Makes it easier for me. 1266 01:06:29,420 --> 01:06:30,980 I want to thank you guys, because I 1267 01:06:30,980 --> 01:06:33,460 can tell you are definitely looking at these things 1268 01:06:33,460 --> 01:06:34,740 and thinking about them. 1269 01:06:34,740 --> 01:06:36,780 So thank you very much. 1270 01:06:36,780 --> 01:06:40,500 It was a lot more efficient. 1271 01:06:40,500 --> 01:06:42,380 Thanks for putting all this together. 1272 01:06:42,380 --> 01:06:44,220 Yeah, medicine is the best. 1273 01:06:44,220 --> 01:06:45,500 Thank you, Tammy. 1274 01:06:45,500 --> 01:06:48,460 I was very sorry. 1275 01:06:48,460 --> 01:06:52,860 Medicine is a brilliant analytical line. 1276 01:06:52,860 --> 01:06:56,460 So next meeting is February 5th at 530. 1277 01:06:56,460 --> 01:06:57,900 Tell Tammy you can't come. 1278 01:06:57,900 --> 01:07:02,660 Actually, I guess tell me, actually. 1279 01:07:02,660 --> 01:07:05,140 Don't mess with me. 1280 01:07:05,140 --> 01:07:06,900 You're irreplaceable, right? 1281 01:07:06,900 --> 01:07:08,900 No, not irreplaceable. 1282 01:07:08,900 --> 01:07:10,780 She has been irreplaceable. 1283 01:07:10,780 --> 01:07:12,660 Yeah, I don't know if we'll have somebody-- 1284 01:07:12,660 --> 01:07:15,140 I think-- when are you meeting, Tammy? 1285 01:07:15,140 --> 01:07:16,140 Next week. 1286 01:07:16,140 --> 01:07:17,340 Oh, wow. 1287 01:07:17,340 --> 01:07:18,380 OK, don't tell Tammy. 1288 01:07:18,380 --> 01:07:19,500 Don't leave us. 1289 01:07:19,500 --> 01:07:20,980 You'll be at the next meeting. 1290 01:07:20,980 --> 01:07:23,300 Just for fun. 1291 01:07:23,300 --> 01:07:26,340 You'll bring your popcorn? 1292 01:07:26,340 --> 01:07:28,220 I'll bring cupcakes. 1293 01:07:28,220 --> 01:07:30,220 I'll bring water bowls, whatever you-- 1294 01:07:30,220 --> 01:07:31,380 I'll bring pumpkin butter. 1295 01:07:31,380 --> 01:07:32,700 There you go. 1296 01:07:32,700 --> 01:07:33,300 OK. 1297 01:07:33,300 --> 01:07:36,700 Well, I'll email you and introduce the new person 1298 01:07:36,700 --> 01:07:37,820 when we get them. 1299 01:07:37,820 --> 01:07:38,460 OK. 1300 01:07:38,460 --> 01:07:41,140 And they will likely hopefully be here at that point, 1301 01:07:41,140 --> 01:07:44,220 so that I don't have to be the next. 1302 01:07:44,220 --> 01:07:52,500 So it is now 638, and this meeting is adjourned. 1303 01:07:52,500 --> 01:07:53,500 Thank you very much. 1304 01:07:53,500 --> 01:07:54,020 Thanks, Grace. 1305 01:07:54,020 --> 01:07:55,500 My pleasure. 1306 01:07:55,500 --> 01:07:56,060 Bye. 1307 01:07:56,060 --> 01:07:57,620 Bye.