WEBVTT

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 And it's 5.30.

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 >> Okay. So it is 5.30 p.m. on Monday, January 8th, 2024,

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 and this is the Board of Ethics meeting.

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 So we're going to start, we do not have any presentations

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 from members of the public this evening, so we will move

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 on to our items for consideration.

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 We do have everyone, everyone is present,

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 everyone that's on the board.

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 So we have a full board and a full agenda for tonight.

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 So item A is BOE 24-001, consider approval of minutes

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 from December 4th, 2023.

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 Do I hear a motion to that effect?

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 >> I move that we approve of it.

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 >> Okay.

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 >> I'm sorry.

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 Pavlik has moved, and Zoltner has seconded it.

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 So item --

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 >> Here we go.

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 >> All in favor.

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 >> Aye.

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 >> Aye.

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 >> So that's unanimous.

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 Six in favor.

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 So item B, BOE 24-002, hold a discussion and consider adoption

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 of the 2024 meeting schedule.

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 >> Madam Chair, can I ask a question?

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 >> Yes.

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 >> Are we required to meet every month?

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 >> I was going to ask about that because I noticed

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 that there was a couple of meetings.

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 I know it was holidays.

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 >> We're not required to meet every month.

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 I think we're required to meet maybe once a year or something.

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 >> That's what I'm --

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 >> Okay.

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 >> Yeah, this is similar to the schedule we adopted last year.

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 We -- so we're excluding July and September

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 because there are city holidays on those Mondays.

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 But it's typically the first Monday of the year.

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 And then in May, my entire office will be out for training.

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 So that's why it's the week after.

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 >> I don't know the question.

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 >> So if you would like to not meet every --

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 >> Well, I guess I'm concerned it depends on how things go

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 in the next couple of months.

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 But I would like to consider having meetings on those months

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 that we were like the 4th of July

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 and I guess Labor Day dumped us.

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 But I -- what do you guys think?

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 >> I would agree with that.

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 And it also kind of depends on Madison's schedule.

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 She has some items to go before the council,

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 but we're not aware of.

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 There might be some clarification that we need

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 to take care of here before it goes back to you.

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 So that's all kind of up in the air in terms of --

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 >> I mean, we can certainly --

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 >> We are working on some modifications now.

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 So it's kind of a process here.

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 >> Yeah. So I think currently the plan is either in March

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 or April to basically forward whatever --

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 what you all are currently working on to the city council.

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 So then they will either discuss that in March or April

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 or May, just depends a little bit on where we're at.

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 And then once they give direction, then we bring back

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 in ordinance that will be approved probably

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 in the summer at some point.

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 So that's just how long it takes to get stuff before them basically.

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 >> But not before March, is that what you're --

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 >> I don't know.

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 I mean, it would be really difficult

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 to get something before them.

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 >> Kind of depends on how tonight and next month go.

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 >> I would like to say -- I would love to recommend

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 that we hold the possibility of adding meetings

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 in those two months where we're not scheduled for meetings

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 if we feel the need when we get closer to it.

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 >> We can always call a special meeting if you would like to.

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 >> Okay.

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 >> Yeah.

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 >> How does that sound?

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 Okay.

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 >> I think that would be more prudent

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 than just adding a meeting at this point.

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 >> Yeah. Yeah.

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 >> I'm thinking if we are all in agreement and we figure

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 out something and it gets to council,

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 then I don't feel the need to rush through things.

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 But there's a couple of things

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 that in my head are pretty important.

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 >> And could we also --

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 you've opened the possibility of canceling a meeting

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 if we don't feel like we have a lot to discuss.

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 Like let's say in May or June we don't have a lot to discuss.

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 We could --

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 >> Sure.

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 >> Talk about it and cancel the meeting.

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 >> And July would be a great month to be off.

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 >> Yeah.

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 >> So --

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 >> So is that a motion for a special meeting next

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 or February?

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 >> Me?

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 >> Well, what do you --

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 >> Oh, no, we're just --

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 I think what we're talking about is we could call a special

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 meeting during all those months as we get closer to that time.

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 >> Typically during the future agenda item section

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 if you decided in June, hey, we want to meet in July,

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 we could discuss, we could call a special meeting.

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 We would just have to, after the meeting,

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 get everybody's availability basically.

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 >> I do want to take less items to cancel next time

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 because I think we just overwhelmed them with 10 items.

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 And I think if we have two that we think are important,

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 that's a great starting place.

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 >> I think it'll take about the same amount of time.

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 >> Yeah.

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 >> Make sure it will.

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 >> Yeah.

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 >> Okay, so can someone make a motion

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 to approve the schedule as written in the --

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 >> So moved.

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 >> Okay.

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 >> I'll second.

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 >> Moved by Zeltner and seconded by Newhart.

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 So we are now going to --

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 >> Seconded by Newhart.

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 >> Oh, sorry, keep forgetting about that.

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 All in favor?

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 >> Aye.

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 >> Aye.

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 >> Six ayes, no nays.

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 Okay, the thing I've been wanting to get to all day,

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 BOE 24-003 Receiver Report, Hold the Discussion

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 and Take Necessary Action Regarding Code

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 of Ordinances, Chapter 2, Article 11, Epics, Section 2-269,

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 Definitions, and Section 2-273, Prohibitions.

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 >> Yeah, so this is essentially just a continuation

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 of our meeting last time where we talked about kind

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 of what kind of rules we would like to see.

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 This is kind of defining when they apply and then

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 when they do come in -- when they do apply,

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 how they should be reported.

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 So essentially what we're going to talk about today.

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 So I'm just going to jump in with talking

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 about the relevant relationships.

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 So this first slide was included as kind of a handout

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 in your agenda, but it compares the personal relationships

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 covered by the model code to what's currently in Denton's code.

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 And then I included the degree of consanguinity and affinity just

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 so that you were aware of which ones they were.

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 And so my understanding is the board would like to use kind

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 of that list form that's in the model code,

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 but it needs direction on what you want included

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 in that list essentially.

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 So we can start with this.

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 I don't know if you want to just go copy the model code,

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 do -- keep what Denton currently has or do a little bit of both.

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 >> As usual, I think you did a really good job

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 of breaking it down.

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 And I was looking at that -- the page two of the handout

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 where you talked about each of the issues.

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 So I identified six and there's one -- well, eight total

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 or nine I guess.

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 So I thought we'd kind of go down those --

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 down that narrative that you have and look at each one.

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 I think most of them page -- handout -- or 03 page two.

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 >> Is it a two?

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 >> And it's under the heading financial relationships.

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 >> Okay. Would you like to give direction

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 on the personal relationships first?

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 Or we can go to financial?

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 >> Oh, I'm sorry.

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 >> Yeah, let's do that.

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 >> I thought this might be the easiest one, but.

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 >> Yeah. So Denton's current ordinance is generally similar

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 to the model code except the model code does not include the

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 third degree relationships.

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 First cousins, great-grandparents,

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 great-grandchildren.

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 And first cousins, great-grandparents

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 and great-grandchildren of this file.

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 So what's your pleasure?

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 >> Well, the model code does include relationships --

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 committed relationships.

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 So I think that would be good to include.

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 >> I agree.

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 >> The domestic partner?

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 >> Yeah. Yeah.

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 >> I'd rather say committed relationships.

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 >> This code was written --

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 the model code was written some years ago.

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 So there's some language that, in my opinion, is outdated.

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 But I still really like the spirit of it.

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 So.

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 >> We can -- if you would like that included,

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 we can refine that definition next time.

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 >> Or use the term of our choice.

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 So what -- so Tom is in agreement of going more

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 with the model code, Andrea model code, without --

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 >> Yeah, I would agree with that.

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 Absolutely, yeah, I have several things that I'd

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 like to come to around here when we -- yeah.

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 >> Okay, so.

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 >> Okay, so for this --

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 >> We're good with this.

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 >> We're good with what the model code has,

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 even though it is -- doesn't include some things

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 that the current code does.

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 >> Yeah.

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 >> Great.

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 Okay, moving on to the page, the heading, financial relationships.

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 And so I just ticked off -- the first part is the model code includes --

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 includes the outside employer or business,

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 which generally includes entities the city official receives

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 compensation from or owns, which is similar to the city's,

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 but Denton's code includes financial thresholds

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 that are not present in the model code.

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 So what's your opinion of the --

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 going with the model code in that area?

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 In other words, I guess it would do away with the thresholds.

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 >> Yeah, I'll -- I think we went over this some last month.

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 I'm in support of trying to get away from thresholds

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 because the thresholds are different --

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 have different meaning to different people.

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 And I think we ran into a lot of challenges when we tried to go

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 from a fixed dollar figure to a percentage and that sort of thing.

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 And it makes it much more complicated to apply.

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 >> Okay, so Dustin's in the room.

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 What about the rest of you?

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 >> I agree with Dustin.

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 >> So if we didn't have any -- any money amount attached,

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 and so let's say a city council person had a relationship

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 with someone but there's no money amount,

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 how would they know if it was enough to recuse themselves?

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 >> It further down, it kind of accounts for it.

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 But what I hate about the thresholds is

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 that that number's going to have to change up.

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 >> Right. No, I agree with that.

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 I'm just wondering how they -- then you decide.

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 We'll decide that later.

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 >> It's more about the activity is the way I understood it

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 than the number.

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 >> And would they just say that I have a relationship

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 with this business but I can still vote on the issues

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 or I have a relationship with this business

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 and I have to recuse myself?

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 >> Probably you should have to recuse yourself.

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 I would think -- is that how the rest of you understood it?

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 >> Yeah.

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 >> That's how I would look at it, and a lot of it is

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 about just the appearance, right, and not the actual action.

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 >> The appearance of people, which is an ethical concept.

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 >> And it could also -- and that is where they could ask

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 for an advisory opinion.

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 >> Right.

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 >> And then we can look at it, right,

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 and I think if there is more -- in a way, I would hope

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 that if there's a little bit more vagueness rather than,

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 oh, I'm just 50 cents shy of the threshold, then it's okay.

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 But if there's vagueness, then there's going

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 to be hopefully the question for an advisory opinion

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 from the ethics board, and then it becomes a collective decision

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 rather than an individual decision.

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 >> So Tom, do you have your hand raised with that?

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 >> Well, I wrote months ago, just to try to clarify for myself,

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 I wrote the following, a conflict of interest is

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 when a person can benefit from actions or decisions

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 in their official capacity.

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 So it's no percentages, no dollars.

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 >> Right. In ways that other people don't benefit.

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 So it's not a conflict of interest if you benefit,

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 but everybody else benefits, too.

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 >> It's a city.

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 >> So I hear unanimity, so check that one out.

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 >> So just to clarify, we would like to remove basically what

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 the current code has and include what the model code has.

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 Are we okay with -- there's some exceptions in that definition,

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 which includes entities that they receive compensation

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 for goods or services,

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 except unless they're necessary expenses that are reimbursed.

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 So like travel expenses, we're fine with that exception.

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 These are just specific pieces, so I just wanted to double check.

00:14:33.240 --> 00:14:36.320
 And then for the ownership interest,

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 it had an exception for public corporations,

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 where the interest is less than $50,000 or 5%.

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 So there are thresholds there.

00:14:43.520 --> 00:14:46.520
 So I just wanted to double check on that as well.

00:14:46.520 --> 00:14:47.900
 >> Everybody okay with that?

00:14:47.900 --> 00:14:49.400
 >> Yes.

00:14:49.400 --> 00:14:51.500
 >> We move on.

00:14:51.500 --> 00:14:54.740
 So I guess the next one is substantial clients

00:14:54.740 --> 00:14:58.040
 or customers, which are defined as people or entities

00:14:58.040 --> 00:15:02.340
 that the city council official has supplied goods or services --

00:15:02.340 --> 00:15:04.880
 oh, that's -- you just asked about that.

00:15:04.880 --> 00:15:06.240
 >> No, that's not wrong.

00:15:06.240 --> 00:15:09.020
 >> Okay. Has supplied goods or services valued at more

00:15:09.020 --> 00:15:14.220
 than $1,000 in the last 24 months, including those

00:15:14.220 --> 00:15:17.320
 that did business with their outside employer

00:15:17.320 --> 00:15:19.820
 that they knew about.

00:15:19.820 --> 00:15:23.300
 And the city doesn't have that.

00:15:23.300 --> 00:15:26.340
 >> So what do you guys think about that?

00:15:26.340 --> 00:15:29.040
 That is a way of being a little more specific.

00:15:29.040 --> 00:15:32.780
 So what do you guys think?

00:15:32.780 --> 00:15:41.480
 >> That definition is from the lobby article?

00:15:41.480 --> 00:15:42.880
 >> Yes.

00:15:42.880 --> 00:15:50.620
 >> Yeah. Can I take just a moment here?

00:15:50.620 --> 00:15:51.320
 >> Sure.

00:15:51.320 --> 00:15:57.560
 >> Okay. This discussion goes back about --

00:15:57.560 --> 00:15:59.100
 it's been about five years now.

00:15:59.100 --> 00:16:05.000
 In January of 2018, the city council sat in this very room

00:16:05.000 --> 00:16:09.240
 and this whole conflict of interest situation was raised

00:16:09.240 --> 00:16:12.080
 by Alan Bork with us, you know, the ethics attorney that we brought

00:16:12.080 --> 00:16:16.720
 up here from Austin to discuss this.

00:16:16.720 --> 00:16:20.320
 He presented basically four options on this whole conflict

00:16:20.320 --> 00:16:22.180
 of interest solution.

00:16:22.180 --> 00:16:25.260
 The first one is the one that we've ended up with

00:16:25.260 --> 00:16:28.360
 in our current code now where we have all these financial

00:16:28.360 --> 00:16:32.900
 thresholds, pending matters, percentages, dollar amounts,

00:16:32.900 --> 00:16:37.540
 and all of this kind of stuff that we have now.

00:16:37.540 --> 00:16:40.000
 One of the other things that he presented

00:16:40.000 --> 00:16:45.880
 that day was another option that almost every other city in Texas

00:16:45.880 --> 00:16:48.940
 that he has worked with as an ethics consultant.

00:16:48.940 --> 00:16:51.960
 And it's -- none of it is based on percentages or dollar amounts

00:16:51.960 --> 00:16:53.380
 or pending matters.

00:16:53.380 --> 00:16:56.920
 It's as we are suggesting right now that it is

00:16:56.920 --> 00:16:59.160
 on more general rules.

00:16:59.160 --> 00:17:03.520
 And I just -- I was so interested in going back

00:17:03.520 --> 00:17:06.760
 over what he presented that day.

00:17:06.760 --> 00:17:12.640
 Now, I have a copy for everyone here just for information

00:17:12.640 --> 00:17:15.680
 and for thought process.

00:17:15.680 --> 00:17:18.100
 But he presented several options that day

00:17:18.100 --> 00:17:21.620
 to the city council sitting in this very room.

00:17:21.620 --> 00:17:24.520
 The first one was all these financial thresholds based

00:17:24.520 --> 00:17:26.580
 on this first option.

00:17:26.580 --> 00:17:31.720
 The city council never went beyond this first option.

00:17:31.720 --> 00:17:38.160
 Never. Now, this -- this example for --

00:17:38.160 --> 00:17:41.260
 and there's a copy here for everyone else.

00:17:41.260 --> 00:17:45.800
 This example for is the model code

00:17:45.800 --> 00:17:52.080
 that almost every other city in Texas has ended up with based on.

00:17:52.080 --> 00:17:55.280
 And there were only two people in the room that day

00:17:55.280 --> 00:17:57.080
 other than the city council, myself

00:17:57.080 --> 00:18:01.580
 and Venn Record Chronicle reporter.

00:18:01.580 --> 00:18:05.480
 And we were trying to get the council to turn the page

00:18:05.480 --> 00:18:09.360
 and look at option four, look at option three and option four.

00:18:09.360 --> 00:18:12.720
 Don't lock yourself into all these dollars and percentages.

00:18:12.720 --> 00:18:15.760
 You're making a fatal mistake.

00:18:15.760 --> 00:18:18.040
 And so all of the things that we're discussing here,

00:18:18.040 --> 00:18:21.640
 the financial relationships, the business relationships,

00:18:21.640 --> 00:18:26.840
 that's pretty much all covered below the opening paragraph there.

00:18:26.840 --> 00:18:29.780
 And so we can make this as complicated as you like

00:18:29.780 --> 00:18:35.180
 or as simple as you like, but we can repeal what we've got right

00:18:35.180 --> 00:18:39.980
 now as a horrible mistake that's going on five years old

00:18:39.980 --> 00:18:43.360
 and move towards something that option three.

00:18:43.360 --> 00:18:45.720
 And this is what was -- this is not day's world.

00:18:45.720 --> 00:18:48.600
 This is what was presented by Ellen Bork with us,

00:18:48.600 --> 00:18:50.700
 our ethics consultant, and it was never,

00:18:50.700 --> 00:18:54.400
 ever considered by the city council that day.

00:18:54.400 --> 00:18:56.280
 That was a mistake that we've been living

00:18:56.280 --> 00:18:58.780
 with for about five years now.

00:18:58.780 --> 00:19:02.780
 And so we have an opportunity to turn the clock back and get --

00:19:02.780 --> 00:19:05.880
 didn't in line with other cities with the general,

00:19:05.880 --> 00:19:11.260
 but generally comprehensive conflict of interest code,

00:19:11.260 --> 00:19:13.960
 which is not only -- one of the things --

00:19:13.960 --> 00:19:17.420
 one of the problems is the current code we have now

00:19:17.420 --> 00:19:18.520
 is time specific.

00:19:18.520 --> 00:19:20.600
 In other words, if you get right up to a vote,

00:19:20.600 --> 00:19:22.900
 if you can get through a vote, you're good.

00:19:22.900 --> 00:19:26.600
 This is a current and future matters.

00:19:26.600 --> 00:19:29.700
 This covers, you know, something that you might think

00:19:29.700 --> 00:19:31.940
 that you can get by the council.

00:19:31.940 --> 00:19:34.240
 But again, this is not Dave's language.

00:19:34.240 --> 00:19:36.640
 This is direct language from almost every other --

00:19:36.640 --> 00:19:40.920
 well, most other municipalities in the city of Texas.

00:19:40.920 --> 00:19:44.760
 It's amendable, obviously, but those provisions

00:19:44.760 --> 00:19:47.920
 at the bottom are pretty much standard from other cities.

00:19:47.920 --> 00:19:52.300
 And just from my own perspective, I would encourage us,

00:19:52.300 --> 00:19:55.660
 you know, we can do this and we can go line by line by line

00:19:55.660 --> 00:19:58.100
 by line for the next three months.

00:19:58.100 --> 00:20:00.740
 But I would just suggest we just kind of step back here

00:20:00.740 --> 00:20:04.740
 and say we have -- I think the model code is kind

00:20:04.740 --> 00:20:06.400
 of what we're talking about here.

00:20:06.400 --> 00:20:08.780
 But there's a model right there.

00:20:08.780 --> 00:20:11.580
 And it could be over just that quickly.

00:20:11.580 --> 00:20:12.980
 And nothing would be left out.

00:20:12.980 --> 00:20:15.340
 >> Then what we're discussing right now is the definition

00:20:15.340 --> 00:20:19.060
 of outside client, which is in your example number four.

00:20:19.060 --> 00:20:23.060
 This is what -- this is what the model code defines that.

00:20:23.060 --> 00:20:25.020
 So we're discussing that definition

00:20:25.020 --> 00:20:28.760
 so that we can actually put it in the code.

00:20:28.760 --> 00:20:32.260
 >> So what does that mean for this item about the $1,000

00:20:32.260 --> 00:20:37.380
 in the last 24 months when we just say a substantial client

00:20:37.380 --> 00:20:41.880
 or when we leave that out on which you're following?

00:20:41.880 --> 00:20:43.340
 >> On which one now?

00:20:43.340 --> 00:20:46.280
 >> What we're looking at here,

00:20:46.280 --> 00:20:52.060
 that the model code includes substantial clients or customers,

00:20:52.060 --> 00:20:55.820
 which are people that have supplied goods or services

00:20:55.820 --> 00:20:59.600
 at more than $1,000 in the past 24 months.

00:20:59.600 --> 00:21:00.760
 >> That would apply.

00:21:00.760 --> 00:21:02.640
 There would be no dollar amount.

00:21:02.640 --> 00:21:04.060
 Whether or not you are benefiting

00:21:04.060 --> 00:21:08.100
 or not from that relationship, it could be $50.

00:21:08.100 --> 00:21:13.040
 If no one else in the city of Benton puts $50 in their pocket,

00:21:13.040 --> 00:21:16.180
 but you do, that's a problem.

00:21:16.180 --> 00:21:18.540
 Or that's at least something that you need to discuss

00:21:18.540 --> 00:21:21.640
 with Madison or your internal auditor.

00:21:21.640 --> 00:21:25.060
 So there's -- again, there's no dollar amounts here.

00:21:25.060 --> 00:21:27.460
 And that's the thing that we've been trying to --

00:21:27.460 --> 00:21:29.120
 we've been kind of tap dancing around

00:21:29.120 --> 00:21:30.920
 since we started talking about this.

00:21:30.920 --> 00:21:33.300
 >> So what you just handed out, number seven,

00:21:33.300 --> 00:21:36.600
 would cover this and be a little bit more general.

00:21:36.600 --> 00:21:39.140
 >> Let's talk about number four.

00:21:39.140 --> 00:21:40.740
 >> Number three.

00:21:40.740 --> 00:21:43.040
 >> Number -- is there a --

00:21:43.040 --> 00:21:47.280
 >> Well, number four is the model that if you --

00:21:47.280 --> 00:21:50.280
 again, if you go through Dallas, El Paso,

00:21:50.280 --> 00:21:52.480
 you're going to find something very similar

00:21:52.480 --> 00:21:53.580
 to that exhibit four.

00:21:53.580 --> 00:21:56.180
 And that's where Alan Boric was.

00:21:56.180 --> 00:21:58.180
 That's where he -- you know, he has worked

00:21:58.180 --> 00:22:01.320
 with these other cities that we're talking about.

00:22:01.320 --> 00:22:03.160
 And so this was -- this would not be anything

00:22:03.160 --> 00:22:04.500
 that would be unique to Denton.

00:22:04.500 --> 00:22:09.060
 It's -- you know, it's obviously modifiable, amendable.

00:22:09.060 --> 00:22:11.460
 But that's -- that --

00:22:11.460 --> 00:22:13.300
 >> So how would you change the model code?

00:22:13.300 --> 00:22:15.240
 Would you just put this --

00:22:15.240 --> 00:22:17.880
 >> What's in example four is basically the model code.

00:22:17.880 --> 00:22:19.240
 >> Okay.

00:22:19.240 --> 00:22:22.080
 >> What's in example four is basically the model code.

00:22:22.080 --> 00:22:24.620
 I've split it out this way so that we can discuss each one

00:22:24.620 --> 00:22:27.780
 because we're talking about changing the entire node.

00:22:27.780 --> 00:22:31.620
 And it -- the model code includes these thousand dollar

00:22:31.620 --> 00:22:36.060
 thresholds to define what is in example four's outside client.

00:22:36.060 --> 00:22:38.220
 So I just need direction on if you want

00:22:38.220 --> 00:22:40.760
 to just not have the definition or if you do want

00:22:40.760 --> 00:22:44.200
 to have a definition, what it is.

00:22:44.200 --> 00:22:47.560
 >> So I guess -- I think the --

00:22:47.560 --> 00:22:50.940
 part of the question is in example four, bullet three,

00:22:50.940 --> 00:22:53.380
 it says these are her outside client.

00:22:53.380 --> 00:22:56.040
 And I think we're trying to make a decision on whether

00:22:56.040 --> 00:22:58.920
 or not we leave it at that language

00:22:58.920 --> 00:23:02.660
 or have a definition with the value and the --

00:23:02.660 --> 00:23:04.220
 >> Perfect.

00:23:04.220 --> 00:23:08.060
 But I'm just laying this out as a framework rather than trying

00:23:08.060 --> 00:23:09.860
 to reinvent the wheel right here.

00:23:09.860 --> 00:23:12.500
 Which is where we got, you know, five years ago.

00:23:12.500 --> 00:23:14.060
 This is where we got into trouble.

00:23:14.060 --> 00:23:18.900
 We had models available to us at the time that were amendable.

00:23:18.900 --> 00:23:22.640
 But I'm just saying that this is a framework that most other

00:23:22.640 --> 00:23:28.640
 cities in Texas have found work very adequately for them.

00:23:28.640 --> 00:23:31.380
 >> I wanted to clarify because I think Madison,

00:23:31.380 --> 00:23:34.780
 what you told us is that this substantial client definition

00:23:34.780 --> 00:23:36.060
 comes from the model code.

00:23:36.060 --> 00:23:37.420
 >> That's correct.

00:23:37.420 --> 00:23:38.820
 >> So we're not reinventing the wheel.

00:23:38.820 --> 00:23:40.500
 We are actually going with what we have kind of like used

00:23:40.500 --> 00:23:42.060
 as our guide, which is the model code.

00:23:42.060 --> 00:23:43.360
 So --

00:23:43.360 --> 00:23:44.760
 >> Right. Which --

00:23:44.760 --> 00:23:46.700
 >> It's almost exactly like example four.

00:23:46.700 --> 00:23:49.360
 But what you're saying, no money amount,

00:23:49.360 --> 00:23:52.060
 but that does have money amount, so.

00:23:52.060 --> 00:23:53.740
 >> I'm saying that, right,

00:23:53.740 --> 00:23:58.000
 that this model code does not include dollar amounts.

00:23:58.000 --> 00:24:00.580
 Now this is the framework.

00:24:00.580 --> 00:24:02.880
 But the only thing, the only reason I mention this is rather

00:24:02.880 --> 00:24:05.920
 than get into, you know, we've gone

00:24:05.920 --> 00:24:09.780
 down this wordsmithing road before and we have refused

00:24:09.780 --> 00:24:11.680
 for six years to take advantage

00:24:11.680 --> 00:24:15.060
 of other people's success with this.

00:24:15.060 --> 00:24:17.460
 And that's all I'm saying is that we have a model here

00:24:17.460 --> 00:24:19.360
 that works everywhere -- well,

00:24:19.360 --> 00:24:22.560
 works almost everywhere else in Texas.

00:24:22.560 --> 00:24:25.300
 And that's all I'm suggesting is that it would be a --

00:24:25.300 --> 00:24:31.240
 it would be a repeal and replace of this current corrupted,

00:24:31.240 --> 00:24:34.140
 confusing obtuse thing that we've got right now

00:24:34.140 --> 00:24:36.080
 that we call our conflict of interest.

00:24:36.080 --> 00:24:39.380
 Pending matters and all this other nonsense,

00:24:39.380 --> 00:24:42.980
 in my opinion, needs to go in favor of something like this.

00:24:42.980 --> 00:24:45.580
 >> The paragraph that we're looking at that begins the model

00:24:45.580 --> 00:24:48.260
 could also include substantial clients.

00:24:48.260 --> 00:24:53.300
 If we just took out value more than $1,000 in the past 24,

00:24:53.300 --> 00:24:57.000
 and just leave the -- and just take out those few words,

00:24:57.000 --> 00:24:58.660
 it would be fine?

00:24:58.660 --> 00:24:59.740
 Is that --

00:24:59.740 --> 00:25:01.400
 >> I'm going to make the suggestion

00:25:01.400 --> 00:25:06.300
 that a substantial client is somebody different

00:25:06.300 --> 00:25:08.480
 than just a client.

00:25:08.480 --> 00:25:10.240
 I think this is a special definition

00:25:10.240 --> 00:25:11.340
 of a substantial client.

00:25:11.340 --> 00:25:15.980
 That is my -- that is where I'm thinking the difference

00:25:15.980 --> 00:25:17.580
 of language could come in.

00:25:17.580 --> 00:25:22.420
 Because I'm not going to read it the same way with number --

00:25:22.420 --> 00:25:24.860
 like in example number four, number three, when it says his

00:25:24.860 --> 00:25:26.560
 or her outside client,

00:25:26.560 --> 00:25:29.600
 that to me does not match a substantial client definition.

00:25:29.600 --> 00:25:32.540
 I think that that is a special definition of a --

00:25:32.540 --> 00:25:36.540
 that goes above and beyond of an outside client.

00:25:36.540 --> 00:25:39.480
 >> That makes sense, yeah, appropriately.

00:25:39.480 --> 00:25:42.940
 >> I'm just thinking of the -- what is written here is fine

00:25:42.940 --> 00:25:46.240
 as long as we don't get into the weeds with numbers.

00:25:46.240 --> 00:25:48.220
 Is that -- I just want to make sure I'm hearing --

00:25:48.220 --> 00:25:50.920
 >> I mean, we have -- you're trying to write a code.

00:25:50.920 --> 00:25:51.820
 >> Yeah.

00:25:51.820 --> 00:25:54.920
 >> So if you don't want to define it, we don't have to.

00:25:54.920 --> 00:26:01.320
 >> Okay. So if we just take out value more than $1,000,

00:26:01.320 --> 00:26:04.600
 that might -- that might cover it.

00:26:04.600 --> 00:26:05.700
 What do you guys think?

00:26:05.700 --> 00:26:09.800
 >> It's just -- I'm just clarifying from that.

00:26:09.800 --> 00:26:13.940
 >> No, I appreciate that and that's --

00:26:13.940 --> 00:26:16.240
 >> Tom, what do you think about that?

00:26:16.240 --> 00:26:17.480
 >> Keep it simple.

00:26:17.480 --> 00:26:19.720
 >> Keep it simple, that's good.

00:26:19.720 --> 00:26:21.740
 >> Having all these --

00:26:21.740 --> 00:26:22.820
 >> Okay.

00:26:22.820 --> 00:26:25.460
 >> -- different varieties, I think just makes it work.

00:26:25.460 --> 00:26:27.620
 >> I really don't want to confuse this, but there have been a lot

00:26:27.620 --> 00:26:30.160
 of citizens in this town that have been waiting for five

00:26:30.160 --> 00:26:32.820
 or six years to clear this matter up.

00:26:32.820 --> 00:26:33.660
 >> Okay.

00:26:33.660 --> 00:26:37.800
 >> Okay. Well, I think if we leave it the way it is

00:26:37.800 --> 00:26:41.200
 and just take out the number, I think we'll be fine.

00:26:41.200 --> 00:26:44.200
 >> So you don't want to define substantial client?

00:26:44.200 --> 00:26:46.880
 >> I'm not ready to do that because I think what we need

00:26:46.880 --> 00:26:49.340
 to do is we need to really --

00:26:49.340 --> 00:26:51.820
 is the model code using substantial client

00:26:51.820 --> 00:26:54.940
 as a different -- with a different definition

00:26:54.940 --> 00:26:58.020
 from an outside client?

00:26:58.020 --> 00:27:02.580
 I would like that to be clarified to see if --

00:27:02.580 --> 00:27:04.820
 because if we're using this anonymously,

00:27:04.820 --> 00:27:07.360
 then there might be a conversation to be had,

00:27:07.360 --> 00:27:10.960
 but if they're two different things, then --

00:27:10.960 --> 00:27:15.260
 >> What if we just said clients and looked out substantial

00:27:15.260 --> 00:27:18.980
 that are people that the official has --

00:27:18.980 --> 00:27:21.580
 >> Well, isn't that what the first one is?

00:27:21.580 --> 00:27:30.720
 >> So maybe just strike that one altogether,

00:27:30.720 --> 00:27:32.960
 that one little paragraph?

00:27:32.960 --> 00:27:40.000
 >> If that makes it simpler, yes.

00:27:40.000 --> 00:27:41.300
 >> Yeah.

00:27:41.300 --> 00:27:50.440
 So this is where this comes from, in the model code.

00:27:50.440 --> 00:27:54.400
 A client or substantial client, and then you go down to client

00:27:54.400 --> 00:27:58.840
 and it defines it this way, which is what's written.

00:27:58.840 --> 00:28:02.480
 >> I think that -- thank you, you know, thank you.

00:28:02.480 --> 00:28:06.620
 I think I would -- I want to hear what you --

00:28:06.620 --> 00:28:10.920
 that's not for me to debate.

00:28:10.920 --> 00:28:15.160
 So take out that specificity or maybe some of it in.

00:28:15.160 --> 00:28:19.160
 What's your -- what's your thinking?

00:28:26.540 --> 00:28:33.580
 I think if you just define it as benefit, then that opens the door

00:28:33.580 --> 00:28:38.180
 for like David's people he's been talking about, that --

00:28:38.180 --> 00:28:40.860
 then they can say, "Well, I think this is a benefit,

00:28:40.860 --> 00:28:44.720
 so I'm going to bring it to the ethics board as a violation."

00:28:44.720 --> 00:28:46.320
 >> Or the auditor.

00:28:46.320 --> 00:28:47.100
 >> Or auditor, yeah.

00:28:47.100 --> 00:28:50.360
 >> Right. This is exactly where Madison would come into play,

00:28:50.360 --> 00:28:54.960
 where it is so difficult to define every circumstance here,

00:28:54.960 --> 00:28:58.700
 and that's what's been so frustrating and why --

00:28:58.700 --> 00:29:01.240
 well, frankly, like I said, I know of some complaints

00:29:01.240 --> 00:29:03.280
 that never move forward because they didn't want

00:29:03.280 --> 00:29:08.420
 to go down this pending matter $500, $600 grab and hold.

00:29:08.420 --> 00:29:13.360
 So this -- this is a -- this is a -- this is proven stuff.

00:29:13.360 --> 00:29:15.020
 This works in Texas.

00:29:15.020 --> 00:29:16.360
 That's all I'm saying.

00:29:16.360 --> 00:29:21.860
 There may be some modifications or wording is better, but --

00:29:21.860 --> 00:29:25.740
 >> In the end, it has to be a judgment call, you know,

00:29:25.740 --> 00:29:29.100
 and that's why there's a board and not just one person

00:29:29.100 --> 00:29:32.980
 that says, "Oh, you're fine," or "No."

00:29:32.980 --> 00:29:35.400
 >> And it puts the answer in the auditor in a more --

00:29:35.400 --> 00:29:39.980
 in more of a central role, too, more important role

00:29:39.980 --> 00:29:43.320
 for ethics determinations than this is written --

00:29:43.320 --> 00:29:45.680
 well, this is $600, and whoa, whoa, whoa, whoa, what?

00:29:45.680 --> 00:29:49.360
 That's not the way -- that's not the way it should work.

00:29:49.360 --> 00:29:53.500
 I don't make any judgment calls in the ethics process.

00:29:53.500 --> 00:29:56.960
 >> Yeah. You just administer and --

00:29:56.960 --> 00:29:57.860
 >> Right.

00:29:57.860 --> 00:30:01.100
 >> I don't want to be in a more central role.

00:30:01.100 --> 00:30:04.140
 >> Okay. And thank you for that because the way I'm looking

00:30:04.140 --> 00:30:07.680
 at it now is we just need to leave the adjectives out.

00:30:07.680 --> 00:30:08.640
 >> Just use client.

00:30:08.640 --> 00:30:14.220
 >> And just use client, or customer, or whatever.

00:30:14.220 --> 00:30:17.480
 >> The model code has the definition of client, though.

00:30:17.480 --> 00:30:20.860
 So are you saying leave the dollar not

00:30:20.860 --> 00:30:23.220
 out of the definition of client?

00:30:23.220 --> 00:30:24.400
 >> Use the substantial.

00:30:24.400 --> 00:30:29.060
 Use the -- leave the substantial out and leave the dollars out.

00:30:29.060 --> 00:30:32.000
 >> Right. But I think the definition of the model code is --

00:30:32.000 --> 00:30:32.840
 >> It is for client.

00:30:32.840 --> 00:30:35.140
 >> It's for client, not substantial client.

00:30:35.140 --> 00:30:36.440
 >> Yep.

00:30:36.440 --> 00:30:39.080
 >> That would make it a lot more clear.

00:30:39.080 --> 00:30:42.020
 >> I don't think I understand what we're saying here.

00:30:42.020 --> 00:30:48.660
 The model code defines client as a person or entity

00:30:48.660 --> 00:30:53.020
 to which a person or entity has supplied goods

00:30:53.020 --> 00:30:55.720
 or services during the previous 24 months,

00:30:55.720 --> 00:30:59.900
 having in the aggregate a value greater than $1,000.

00:30:59.900 --> 00:31:02.800
 And then there's a part B to that.

00:31:02.800 --> 00:31:06.440
 If the official or employee's outside business has supplied

00:31:06.440 --> 00:31:09.640
 goods or services during these 24 months,

00:31:09.640 --> 00:31:13.040
 having in aggregate the value greater than $1,000.

00:31:13.040 --> 00:31:18.080
 So in both of those scenarios, we're talking about taking

00:31:18.080 --> 00:31:21.680
 out the word substantial, but the definition of the model code is

00:31:21.680 --> 00:31:23.480
 not for a substantial client.

00:31:23.480 --> 00:31:26.060
 It's just for a customer or client.

00:31:26.060 --> 00:31:28.860
 So I'm not sure I understand where we're going.

00:31:28.860 --> 00:31:31.800
 The model code defines it based on dollar amount,

00:31:31.800 --> 00:31:34.960
 which if we want to just take that out, I'm fine with that,

00:31:34.960 --> 00:31:40.180
 and then just say we define a client as that, basically,

00:31:40.180 --> 00:31:44.680
 that same definition without the aggregate dollar amount

00:31:44.680 --> 00:31:48.980
 and either use what's in the model code or the 24 months

00:31:48.980 --> 00:31:56.020
 or what's in this example of, I think it says 12 months, right?

00:31:56.020 --> 00:31:58.520
 So to me, that's what the discussion is about,

00:31:58.520 --> 00:32:03.120
 not so much, like I think this example is excellent,

00:32:03.120 --> 00:32:05.900
 but it's almost the same as what's in the model code,

00:32:05.900 --> 00:32:09.160
 which I think we're all going towards.

00:32:09.160 --> 00:32:11.360
 Like the question that keeps coming up is,

00:32:11.360 --> 00:32:13.140
 do we have a dollar amount here?

00:32:13.140 --> 00:32:15.940
 And I think in our code right now, there's a bunch of that.

00:32:15.940 --> 00:32:18.580
 It's very confusing that we've talked about,

00:32:18.580 --> 00:32:20.340
 and it's hard to follow.

00:32:20.340 --> 00:32:22.780
 In the model code, it's more straightforward,

00:32:22.780 --> 00:32:24.180
 but it's still there.

00:32:24.180 --> 00:32:28.660
 So I think unless I'm missing something, we're kind of all

00:32:28.660 --> 00:32:32.520
 on board adjusting this so that we have a more basic

00:32:32.520 --> 00:32:34.960
 definition of the conflict of interest.

00:32:34.960 --> 00:32:38.320
 And it's more of a broader-- yeah.

00:32:38.320 --> 00:32:43.900
 And for the customer or client, it's just a matter

00:32:43.900 --> 00:32:49.380
 of do we include some dollar amount and some time

00:32:49.380 --> 00:32:53.680
 definition in there, which I could probably

00:32:53.680 --> 00:32:56.340
 be convinced either way.

00:32:56.340 --> 00:32:58.620
 I don't want to leave this yet, but I

00:32:58.620 --> 00:33:01.120
 will say what's in this example does not

00:33:01.120 --> 00:33:05.380
 include anything on campaign contributions.

00:33:05.380 --> 00:33:09.700
 And that is in the model code, so I don't want to jump to that.

00:33:09.700 --> 00:33:10.800
 There are other sections.

00:33:10.800 --> 00:33:15.140
 That is only the conflict of interest section, the poor quiz.

00:33:15.140 --> 00:33:18.000
 No, there are other gifts and campaign.

00:33:18.000 --> 00:33:21.240
 That's not the entire-- and the only reason I mention this

00:33:21.240 --> 00:33:26.880
 is I just wanted everyone to understand this was never, ever

00:33:26.880 --> 00:33:29.980
 discussed, and that is important.

00:33:29.980 --> 00:33:34.960
 It went straight to dollars and percentages and pending matters.

00:33:34.960 --> 00:33:38.560
 And the citizens have to go, time out, time out.

00:33:38.560 --> 00:33:40.960
 And there were a couple of people on the council,

00:33:40.960 --> 00:33:42.800
 a couple of women who tried to raise--

00:33:42.800 --> 00:33:43.960
 Who tried to stop it.

00:33:43.960 --> 00:33:46.500
 And they basically shut it down.

00:33:46.500 --> 00:33:49.300
 And there's some stuff in our current code like pending matter

00:33:49.300 --> 00:33:52.440
 means-- well, there are some definitions and things

00:33:52.440 --> 00:33:53.800
 that make no sense right now.

00:33:53.800 --> 00:33:58.320
 So I think we are agreeing maybe take out the word substantial

00:33:58.320 --> 00:34:02.680
 and take out the aggregate amount, the aggregate $1,000.

00:34:02.680 --> 00:34:04.820
 And then we're all good with this amount.

00:34:04.820 --> 00:34:06.120
 With the 24 months?

00:34:06.120 --> 00:34:08.960
 With 24 months left here?

00:34:08.960 --> 00:34:11.720
 I was wondering about that myself.

00:34:11.720 --> 00:34:13.720
 I think when you start putting numbers on it,

00:34:13.720 --> 00:34:17.160
 it makes it awfully specific.

00:34:17.160 --> 00:34:20.160
 What if it was 25 months?

00:34:20.160 --> 00:34:21.600
 What if it was five years ago?

00:34:21.600 --> 00:34:22.100
 Yeah.

00:34:27.500 --> 00:34:31.480
 I think, to me, if something came before this board,

00:34:31.480 --> 00:34:33.520
 I did a potential conflict of interest.

00:34:33.520 --> 00:34:37.420
 And it was five years ago when it was $50.

00:34:37.420 --> 00:34:39.780
 We're probably going to look at that differently

00:34:39.780 --> 00:34:45.160
 than if it was two weeks ago when it was $10,000.

00:34:45.160 --> 00:34:46.060
 Sure.

00:34:46.060 --> 00:34:50.300
 But if we-- so if we put a number in there,

00:34:50.300 --> 00:34:56.740
 either a dollar amount or a tiny constraint, then--

00:34:56.740 --> 00:34:58.500
 So what do you guys think?

00:34:58.500 --> 00:35:02.180
 So we're all in agreement except for this time constraint.

00:35:02.180 --> 00:35:04.640
 That's what we're going.

00:35:04.640 --> 00:35:06.620
 Tom?

00:35:06.620 --> 00:35:09.980
 Yeah, I think you should limit how far you go back.

00:35:09.980 --> 00:35:11.580
 I think 24 months is--

00:35:11.580 --> 00:35:12.080
 Reasonable.

00:35:12.080 --> 00:35:13.560
 --reasonable.

00:35:13.560 --> 00:35:15.020
 What do you guys think?

00:35:15.020 --> 00:35:15.520
 Yeah.

00:35:15.520 --> 00:35:19.020
 I mean, I think that's a reasonable amount of time.

00:35:19.020 --> 00:35:21.660
 So keep with the 24 months?

00:35:21.660 --> 00:35:23.660
 OK.

00:35:23.660 --> 00:35:26.300
 And the other point about this real quickly

00:35:26.300 --> 00:35:32.500
 is this model code, the word "likely" appears in here.

00:35:32.500 --> 00:35:33.900
 Now, that's a very simple word.

00:35:33.900 --> 00:35:36.980
 But it implies that something that

00:35:36.980 --> 00:35:38.640
 could happen in the future-- and that's

00:35:38.640 --> 00:35:40.280
 a problem with our current code.

00:35:40.280 --> 00:35:44.020
 Because our current code, it's so cut and dried

00:35:44.020 --> 00:35:46.380
 that if it hasn't happened by the day you vote on it,

00:35:46.380 --> 00:35:49.720
 you're in the clear as a council member.

00:35:49.720 --> 00:35:52.320
 And so this is a big difference where

00:35:52.320 --> 00:35:57.360
 if a council member might think, gosh, now, what shall I do here?

00:35:57.360 --> 00:35:59.060
 I think we're on agreement on this point.

00:35:59.060 --> 00:36:01.140
 I want to save our time for it getting to the point.

00:36:01.140 --> 00:36:01.640
 OK.

00:36:01.640 --> 00:36:02.140
 Well, that's--

00:36:02.140 --> 00:36:06.140
 Because I think it's going to be more interesting.

00:36:06.140 --> 00:36:08.100
 So the next point would be the model code

00:36:08.100 --> 00:36:10.580
 includes campaign contributions, including

00:36:10.580 --> 00:36:13.840
 people and their families, entities and their owners,

00:36:13.840 --> 00:36:17.540
 directors, officers, and political committees

00:36:17.540 --> 00:36:20.780
 that contributed more than $200 during the last election

00:36:20.780 --> 00:36:22.860
 cycle.

00:36:22.860 --> 00:36:23.860
 OK.

00:36:23.860 --> 00:36:24.360
 Discussion.

00:36:24.360 --> 00:36:35.220
 I'll just add for context, something similar

00:36:35.220 --> 00:36:38.500
 was brought before council last time.

00:36:38.500 --> 00:36:43.620
 And I believe they were confused about the election cycle, how

00:36:43.620 --> 00:36:44.780
 that was defined.

00:36:44.780 --> 00:36:47.740
 And so that is part of why they did not vote for it.

00:36:47.740 --> 00:36:53.380
 It was also, there were only six members on the council at that time.

00:36:53.380 --> 00:36:58.300
 So what are your thoughts about it, please?

00:36:58.300 --> 00:37:00.140
 I think this needs to be in there.

00:37:00.140 --> 00:37:02.860
 I don't know how we clean up the language on the past election

00:37:02.860 --> 00:37:04.020
 cycle.

00:37:04.020 --> 00:37:10.260
 I know that I watched that council meeting and I was--

00:37:10.260 --> 00:37:12.780
 I'm sure they were upset about it.

00:37:12.780 --> 00:37:14.460
 No, I mean, I guess I don't think

00:37:14.460 --> 00:37:17.220
 we had discussed that at all in any of our meetings

00:37:17.220 --> 00:37:19.420
 about any confusion about that.

00:37:19.420 --> 00:37:22.260
 And part of that's probably because as far as I know,

00:37:22.260 --> 00:37:24.220
 none of us are elected officials and we probably

00:37:24.220 --> 00:37:26.940
 don't think about that sort of thing.

00:37:26.940 --> 00:37:31.540
 So I don't know how I clean up the language for that,

00:37:31.540 --> 00:37:32.980
 but it would be--

00:37:32.980 --> 00:37:39.180
 maybe we need to--

00:37:39.180 --> 00:37:42.900
 What if we said within the last 24 months,

00:37:42.900 --> 00:37:49.380
 go back to, I mean, that would cover, you know,

00:37:49.380 --> 00:37:50.700
 seems like a reasonable amount.

00:37:50.700 --> 00:37:54.540
 But I think the dollar numbers, I want to discuss that too.

00:37:54.540 --> 00:38:02.100
 It would be cynical to use 24 months.

00:38:02.100 --> 00:38:04.460
 So it's our list.

00:38:04.460 --> 00:38:08.220
 We have a definition for most recent and past election cycle

00:38:08.220 --> 00:38:12.820
 that we didn't draft is confusing, you know.

00:38:12.820 --> 00:38:19.380
 I would support sticking with 24 months for that as well,

00:38:19.380 --> 00:38:21.860
 just so there's some consistency.

00:38:21.860 --> 00:38:25.620
 Like I realize that a client and a campaign contributor

00:38:25.620 --> 00:38:29.380
 are very different things, but if we

00:38:29.380 --> 00:38:34.380
 start to do different timespans there,

00:38:34.380 --> 00:38:36.740
 it's going to just make it more confusing.

00:38:36.740 --> 00:38:39.460
 I think that's clear and it kind of squares with the other time

00:38:39.460 --> 00:38:40.460
 when we set up.

00:38:40.460 --> 00:38:41.460
 What do you guys--

00:38:41.460 --> 00:38:49.980
 I really do think that going with the 24 months

00:38:49.980 --> 00:38:53.420
 would be a lot more clean.

00:38:53.420 --> 00:38:56.300
 What is the term of a council?

00:38:56.300 --> 00:38:57.300
 Two years.

00:38:57.300 --> 00:38:58.300
 That's what it is.

00:38:58.300 --> 00:39:04.500
 Not that this code is applying only to them.

00:39:07.060 --> 00:39:07.580
 OK.

00:39:07.580 --> 00:39:09.980
 So we have agreement on that.

00:39:09.980 --> 00:39:11.420
 What about the dollar amount?

00:39:11.420 --> 00:39:14.180
 Are we in agreement with that, or should it be a little higher?

00:39:14.180 --> 00:39:19.460
 It's going to be outdated five years from now.

00:39:19.460 --> 00:39:26.500
 Yeah, I think when a TAC donates a lot of money,

00:39:26.500 --> 00:39:31.740
 that's where I get like thousands of dollars.

00:39:31.740 --> 00:39:35.620
 But I don't know where to draw the line.

00:39:35.620 --> 00:39:38.060
 I think that was a point of contention for the city council

00:39:38.060 --> 00:39:38.700
 members as well.

00:39:38.700 --> 00:39:41.180
 I know it was.

00:39:41.180 --> 00:39:44.460
 So do we need to draw a line here?

00:39:44.460 --> 00:39:48.420
 Do we need to have a financial threshold for that?

00:39:48.420 --> 00:39:50.260
 We just had the discussion of taking that out

00:39:50.260 --> 00:39:52.380
 as a substantial client or client.

00:40:01.140 --> 00:40:08.060
 $200 to a city council, it sounds like a lot of money to me.

00:40:08.060 --> 00:40:12.340
 Especially for city council, the most donations are not a problem.

00:40:12.340 --> 00:40:17.580
 Especially since city politics are supposed to be more partisan.

00:40:17.580 --> 00:40:19.660
 Then I think we get into political issues

00:40:19.660 --> 00:40:21.860
 that probably shouldn't be there.

00:40:21.860 --> 00:40:27.300
 I think the one we proposed was $500.

00:40:27.300 --> 00:40:30.260
 That's helpful.

00:40:30.260 --> 00:40:34.140
 I can't remember if it was in the council meeting

00:40:34.140 --> 00:40:35.460
 or if it was something else I read.

00:40:35.460 --> 00:40:41.820
 There was a lot of discussion about the political committee part of it.

00:40:41.820 --> 00:40:48.540
 Because if a political action committee donates to a candidate,

00:40:48.540 --> 00:40:55.500
 and someone that is involved with that political action committee

00:40:55.500 --> 00:41:01.020
 has business before the council, does that member

00:41:01.020 --> 00:41:04.580
 have to recuse himself because of that relationship

00:41:04.580 --> 00:41:09.780
 when that individual did not make the contribution?

00:41:09.780 --> 00:41:13.580
 And I don't know how to resolve that.

00:41:13.580 --> 00:41:16.900
 I don't know if that was something you'd have the answer to.

00:41:16.900 --> 00:41:21.100
 The question came up in the meeting in that discussion, I believe.

00:41:21.100 --> 00:41:24.900
 And it was, to me, it was something I had never thought about

00:41:24.900 --> 00:41:28.340
 and did not know was even a potential issue.

00:41:28.340 --> 00:41:35.220
 But it almost sounded like they were aware of that possibility

00:41:35.220 --> 00:41:39.900
 or that having the answer in the past.

00:41:39.900 --> 00:41:44.700
 So I don't know how to resolve that.

00:41:44.700 --> 00:41:49.300
 Well, that's definitely one way to circumvent it.

00:41:49.300 --> 00:41:49.820
 Correct.

00:41:55.900 --> 00:41:58.620
 So there's a "what you would like to see"

00:41:58.620 --> 00:42:01.980
 and "what seems realistic" kind of thing going on here.

00:42:01.980 --> 00:42:10.260
 So does this apply to PACs, or are they candidatrix?

00:42:10.260 --> 00:42:19.700
 The model code applies to individuals, business entities,

00:42:19.700 --> 00:42:25.780
 and party town/non-candidate political committees.

00:42:25.780 --> 00:42:28.140
 A political committee would be a PAC, right?

00:42:28.140 --> 00:42:36.940
 I think non-candidate political committee, this is a PAC.

00:42:36.940 --> 00:42:38.340
 I think.

00:42:38.340 --> 00:42:39.780
 That would be my guess.

00:42:39.780 --> 00:42:43.780
 Because I know the law changed maybe four or five years ago

00:42:43.780 --> 00:42:49.980
 where a PAC does not have to identify his affiliation.

00:42:49.980 --> 00:42:53.140
 And so it makes it even more complicated.

00:42:53.140 --> 00:42:56.860
 Because on a federal level, they don't

00:42:56.860 --> 00:42:58.820
 have to identify where they're coming from,

00:42:58.820 --> 00:43:03.060
 which I think is protective for a company that might be--

00:43:03.060 --> 00:43:05.540
 Does anyone know how much the PAC's donated to it?

00:43:05.540 --> 00:43:08.140
 I tried to clock it on a council person, I mean.

00:43:08.140 --> 00:43:10.300
 Last time, it was more than $500,000.

00:43:10.300 --> 00:43:12.300
 Oh, very much more.

00:43:12.300 --> 00:43:18.100
 $500,000.

00:43:18.100 --> 00:43:21.580
 And this wouldn't stop council members from receiving money.

00:43:21.580 --> 00:43:24.140
 This would just require them to refuse themselves

00:43:24.140 --> 00:43:30.340
 from matters involving that organization.

00:43:30.340 --> 00:43:32.020
 Might be one of their quesals.

00:43:32.020 --> 00:43:34.500
 Yeah.

00:43:34.500 --> 00:43:37.300
 Well, I think that's the point of this.

00:43:37.300 --> 00:43:38.900
 Yeah, yeah.

00:43:38.900 --> 00:43:44.620
 Because the biggest one I saw was a group of realtors,

00:43:44.620 --> 00:43:48.260
 and there was one group in North Texas,

00:43:48.260 --> 00:43:51.180
 and there was another group out in Lubbock,

00:43:51.180 --> 00:43:55.180
 which I found interesting.

00:43:55.180 --> 00:43:57.700
 And it was thousands and thousands of dollars.

00:43:57.700 --> 00:43:59.260
 It was in the newspaper.

00:44:05.260 --> 00:44:09.100
 I think I would support going with the model code definition

00:44:09.100 --> 00:44:12.220
 and the wording here.

00:44:12.220 --> 00:44:15.900
 Because I think it's a lot harder to just sort of strike

00:44:15.900 --> 00:44:20.460
 this down as, well, we don't know how to apply this.

00:44:20.460 --> 00:44:24.340
 For the council to say, there's a lot of gray area here.

00:44:24.340 --> 00:44:25.740
 We don't know how to apply this.

00:44:25.740 --> 00:44:32.620
 We can't actually use this if we use the model code language.

00:44:32.620 --> 00:44:36.300
 And I would strongly support keeping this

00:44:36.300 --> 00:44:40.260
 as part of the conflict of interest.

00:44:40.260 --> 00:44:42.660
 With the 24-months?

00:44:42.660 --> 00:44:47.220
 With the 24-months definition to try and resolve the issue

00:44:47.220 --> 00:44:50.100
 that they're concerned they had before about the election

00:44:50.100 --> 00:44:52.780
 cycle, because I don't know how to fix that part of it.

00:44:52.780 --> 00:44:54.420
 I mean, it doesn't--

00:44:54.420 --> 00:44:55.780
 I listened to it like three times,

00:44:55.780 --> 00:44:58.100
 and it didn't make sense to me.

00:44:58.100 --> 00:44:59.500
 That's good to know.

00:45:03.420 --> 00:45:07.820
 So go-- so I hear Dustin supporting it

00:45:07.820 --> 00:45:10.220
 with just changing the 24-months.

00:45:10.220 --> 00:45:13.620
 [INAUDIBLE]

00:45:13.620 --> 00:45:14.300
 OK.

00:45:14.300 --> 00:45:15.780
 I agree, too.

00:45:15.780 --> 00:45:18.340
 Move on.

00:45:18.340 --> 00:45:21.660
 The model code also includes non-relative housemates

00:45:21.660 --> 00:45:25.060
 and substantial debtors or creditors

00:45:25.060 --> 00:45:26.260
 of the city official.

00:45:26.260 --> 00:45:32.180
 You good with that?

00:45:32.180 --> 00:45:34.180
 Yes.

00:45:34.180 --> 00:45:34.660
 Dave?

00:45:34.660 --> 00:45:43.620
 For now, yes.

00:45:43.620 --> 00:45:45.060
 Andrea?

00:45:45.060 --> 00:45:46.420
 Tom?

00:45:46.420 --> 00:45:48.340
 I'm good with it.

00:45:48.340 --> 00:45:48.820
 OK.

00:45:48.820 --> 00:45:53.540
 So this next one is the city of debt

00:45:53.540 --> 00:45:55.060
 and includes people or entities that

00:45:55.060 --> 00:45:58.340
 have offered a city official employment, ownership

00:45:58.340 --> 00:46:02.020
 of real property, which are not included in the model code.

00:46:03.020 --> 00:46:07.420
 Isn't that kind of covered in some of the others,

00:46:07.420 --> 00:46:08.380
 more generally?

00:46:08.380 --> 00:46:20.220
 The property was covered by annual disclosures, perhaps.

00:46:20.220 --> 00:46:28.940
 I mean, in some way, it's just not as explicitly covered.

00:46:28.940 --> 00:46:30.860
 So what do you guys think about this?

00:46:32.180 --> 00:46:35.660
 [SIDE CONVERSATION]

00:46:35.660 --> 00:46:49.580
 I was involved in one of the tribunals, the three people,

00:46:49.580 --> 00:46:52.380
 and there was a council member who was a director.

00:46:52.380 --> 00:46:54.980
 I believe it was the title of a charity.

00:46:54.980 --> 00:46:55.780
 A service organization.

00:46:55.780 --> 00:46:58.540
 I wanted to make sure that--

00:46:58.540 --> 00:47:01.980
 Which I'm really glad she did.

00:47:01.980 --> 00:47:04.940
 [SIDE CONVERSATION]

00:47:04.940 --> 00:47:07.700
 Somebody put the flags up.

00:47:07.700 --> 00:47:09.580
 Yeah, this works.

00:47:09.580 --> 00:47:14.420
 Because she knew she was a director of that nonprofit.

00:47:14.420 --> 00:47:18.420
 So she brought it to us.

00:47:18.420 --> 00:47:22.260
 So are you saying leave that part from the city?

00:47:22.260 --> 00:47:25.140
 I would.

00:47:25.140 --> 00:47:27.540
 Andrea, what do you think?

00:47:27.540 --> 00:47:28.020
 Leave it?

00:47:32.020 --> 00:47:35.100
 OK, can we splice it in?

00:47:35.100 --> 00:47:37.260
 Yeah, so I think what we just talked about

00:47:37.260 --> 00:47:43.020
 was nonprofit organizations being on the board,

00:47:43.020 --> 00:47:46.100
 being part of the conflict of interest.

00:47:46.100 --> 00:47:47.260
 That's in both.

00:47:47.260 --> 00:47:50.300
 So I'm hearing yes to that.

00:47:50.300 --> 00:47:56.420
 The model code doesn't clearly have

00:47:56.420 --> 00:48:00.220
 being a non-compensated board member for a business entity.

00:48:02.940 --> 00:48:05.380
 I did not read it clearly in there.

00:48:05.380 --> 00:48:07.820
 That is in the city's code.

00:48:07.820 --> 00:48:09.500
 Do we really like to keep that?

00:48:09.500 --> 00:48:12.900
 So maybe there's something the city code has that's better.

00:48:12.900 --> 00:48:17.420
 We might be in favor of leaving it, that part.

00:48:17.420 --> 00:48:23.300
 I'm in favor of leaving that in.

00:48:23.300 --> 00:48:24.260
 Patricia?

00:48:24.260 --> 00:48:25.060
 Yeah.

00:48:25.060 --> 00:48:26.220
 Yes.

00:48:26.220 --> 00:48:27.300
 Yes?

00:48:27.300 --> 00:48:27.780
 Yes.

00:48:27.780 --> 00:48:28.420
 OK.

00:48:28.420 --> 00:48:30.220
 And then I have a couple more, sorry.

00:48:30.220 --> 00:48:31.180
 Yeah.

00:48:31.180 --> 00:48:34.540
 The author of employment, I think, again, it's

00:48:34.540 --> 00:48:38.340
 not as explicitly defined in the model code.

00:48:38.340 --> 00:48:42.860
 You could say it's covered, potentially.

00:48:42.860 --> 00:48:47.940
 But that we actually just amended the code to include.

00:48:47.940 --> 00:48:51.020
 I'll leave that.

00:48:51.020 --> 00:48:53.740
 Are you saying it's redundant, or--

00:48:53.740 --> 00:48:54.500
 It's kind of--

00:48:54.500 --> 00:48:56.620
 Saying it's for clarification.

00:48:56.620 --> 00:48:58.060
 Yeah, clarification, I find.

00:49:01.220 --> 00:49:03.580
 Good.

00:49:03.580 --> 00:49:04.540
 Thumbs up all around?

00:49:04.540 --> 00:49:05.020
 Yeah, good.

00:49:05.020 --> 00:49:05.780
 OK.

00:49:05.780 --> 00:49:08.300
 OK.

00:49:08.300 --> 00:49:10.300
 So then do we go into the section that

00:49:10.300 --> 00:49:13.900
 begins with withdrawal from participation, or--

00:49:13.900 --> 00:49:15.300
 I think there's one more discussion

00:49:15.300 --> 00:49:16.540
 about the real property.

00:49:16.540 --> 00:49:17.940
 Oh, OK.

00:49:17.940 --> 00:49:20.100
 Because the way that the model code defines it

00:49:20.100 --> 00:49:22.140
 is it basically lifts people.

00:49:32.020 --> 00:49:36.020
 So in this list of people, it doesn't include property,

00:49:36.020 --> 00:49:38.380
 because property is not a person.

00:49:38.380 --> 00:49:40.980
 But it does include taking action

00:49:40.980 --> 00:49:43.500
 that would impact your personal or financial benefit,

00:49:43.500 --> 00:49:47.220
 and then requires property to be disclosed annually.

00:49:47.220 --> 00:49:49.860
 So I think it's covered that way in the model code.

00:49:49.860 --> 00:49:52.020
 So I just wanted to make sure that we are aware.

00:49:52.020 --> 00:49:54.180
 We would basically be taking that as clearly out,

00:49:54.180 --> 00:49:58.380
 but it would still be in there, in that way.

00:49:58.380 --> 00:50:02.060
 In that way.

00:50:02.060 --> 00:50:04.620
 I like that they could be more work for you,

00:50:04.620 --> 00:50:08.420
 because it gets submitted to you, right?

00:50:08.420 --> 00:50:11.420
 It's more work for you.

00:50:11.420 --> 00:50:12.700
 It's like the national debt.

00:50:12.700 --> 00:50:18.860
 What do you guys think?

00:50:18.860 --> 00:50:25.580
 I'm not sure I understood what you're saying.

00:50:25.580 --> 00:50:27.060
 Sorry.

00:50:27.060 --> 00:50:32.660
 Leaving in the model code's--

00:50:32.660 --> 00:50:34.220
 Basically, I just wanted to make clear

00:50:34.220 --> 00:50:38.220
 the difference between the model code and the current code.

00:50:38.220 --> 00:50:41.780
 The current code clearly calls out that owning property.

00:50:41.780 --> 00:50:49.020
 If you own property that's impacted by appending matter,

00:50:49.020 --> 00:50:50.620
 then you have to refuse.

00:50:50.620 --> 00:50:53.620
 Whereas that's not as explicit in the model code,

00:50:53.620 --> 00:50:56.620
 but it's implied, basically.

00:50:56.620 --> 00:50:59.820
 And the model code makes you list all of your property

00:50:59.820 --> 00:51:00.580
 once a year.

00:51:00.580 --> 00:51:01.820
 Right.

00:51:01.820 --> 00:51:02.740
 Within the city.

00:51:02.740 --> 00:51:07.660
 So it's just kind of too--

00:51:07.660 --> 00:51:09.780
 it's not, yeah, if you own something in California,

00:51:09.780 --> 00:51:12.060
 you don't have to dispose of it.

00:51:12.060 --> 00:51:16.380
 It's just kind of two different ways of making that,

00:51:16.380 --> 00:51:19.020
 of stating that.

00:51:19.020 --> 00:51:22.860
 Does our current code say you have to recuse or just

00:51:22.860 --> 00:51:24.220
 disclose?

00:51:24.220 --> 00:51:29.980
 I believe it says you have to recuse if appending matter

00:51:29.980 --> 00:51:32.740
 would impact a property that you own.

00:51:32.740 --> 00:51:39.500
 So if council was hearing my case, my zoning case

00:51:39.500 --> 00:51:41.500
 or something, and I was on council,

00:51:41.500 --> 00:51:45.540
 I would have to not vote on that, is what it says.

00:51:45.540 --> 00:51:47.580
 OK.

00:51:47.580 --> 00:51:51.020
 It's just explicit in the current debt and code,

00:51:51.020 --> 00:51:54.100
 whereas you would still have to recuse under the model

00:51:54.100 --> 00:51:54.600
 code.

00:51:54.600 --> 00:51:55.860
 It's just not as explicit.

00:51:55.860 --> 00:51:57.860
 Yeah.

00:51:57.860 --> 00:52:00.980
 Or I think you would still be expected to recuse.

00:52:00.980 --> 00:52:03.140
 That could be a challenge to someone

00:52:03.140 --> 00:52:05.660
 if they own property all over the city, right?

00:52:05.660 --> 00:52:09.460
 Potentially.

00:52:09.460 --> 00:52:10.420
 I don't know how many.

00:52:10.420 --> 00:52:10.920
 I don't--

00:52:10.920 --> 00:52:20.420
 Reaction?

00:52:20.420 --> 00:52:26.100
 I think if they-- are they required to reveal

00:52:26.100 --> 00:52:27.700
 the properties once a year?

00:52:27.700 --> 00:52:28.740
 Is that what you were saying?

00:52:28.740 --> 00:52:31.020
 In the model code, the model code

00:52:31.020 --> 00:52:33.020
 includes an annual disclosure process,

00:52:33.020 --> 00:52:34.340
 which is not in our current code.

00:52:34.340 --> 00:52:36.220
 That requires you to list all the properties

00:52:36.220 --> 00:52:39.140
 you own within the city limits and a mile outside

00:52:39.140 --> 00:52:42.940
 or something, including the properties your spouse owns,

00:52:42.940 --> 00:52:45.140
 I believe, annually, yes.

00:52:45.140 --> 00:52:47.620
 And then that disclosure, all those disclosures

00:52:47.620 --> 00:52:51.220
 get given to the Board of Advocates essentially.

00:52:51.220 --> 00:52:52.180
 Get given to the what?

00:52:52.180 --> 00:52:53.140
 The Board of Advocates.

00:52:53.140 --> 00:52:54.640
 Yeah.

00:52:54.640 --> 00:52:58.140
 The Advocates Commission.

00:52:58.140 --> 00:53:00.540
 What do you think, Tom?

00:53:00.540 --> 00:53:03.460
 That's a lot of work for us.

00:53:03.460 --> 00:53:06.820
 That's a lot of work for us.

00:53:06.820 --> 00:53:08.700
 But I think that's helpful because--

00:53:08.700 --> 00:53:11.620
 It's easier to say you must recuse yourself

00:53:11.620 --> 00:53:15.740
 if you own property that's going to be impacted by your vote,

00:53:15.740 --> 00:53:17.660
 as opposed to--

00:53:17.660 --> 00:53:19.780
 This is where in the city of San Marcos,

00:53:19.780 --> 00:53:23.180
 they're like, don't even think about being a city official.

00:53:23.180 --> 00:53:26.300
 If you-- and this was--

00:53:26.300 --> 00:53:28.460
 that was where I called a friend and said, what?

00:53:28.460 --> 00:53:30.220
 Why was this so specific?

00:53:30.220 --> 00:53:32.020
 And he said, because we've had problems.

00:53:32.020 --> 00:53:36.340
 And I said, OK, got it.

00:53:36.340 --> 00:53:38.140
 But I think that's helpful.

00:53:38.140 --> 00:53:43.100
 But if there's a disclosure process once a year,

00:53:43.100 --> 00:53:46.420
 that also makes it much more reasonable why it doesn't

00:53:46.420 --> 00:53:47.580
 have to be so explicit.

00:53:47.580 --> 00:53:50.220
 And you have to recuse yourself because at that point,

00:53:50.220 --> 00:53:52.900
 the assumption becomes, well, they know that I own this.

00:53:52.900 --> 00:53:55.820
 And then the appearance is--

00:53:55.820 --> 00:53:56.420
 right?

00:53:56.420 --> 00:53:56.920
 Yeah.

00:53:56.920 --> 00:54:03.060
 So does that mean that we will now--

00:54:03.060 --> 00:54:04.980
 we will also recommend that there's

00:54:04.980 --> 00:54:09.660
 going to be a disclosure process for these--

00:54:09.660 --> 00:54:11.780
 That's also part of today's discussion.

00:54:11.780 --> 00:54:12.280
 OK.

00:54:12.280 --> 00:54:12.780
 Yeah.

00:54:12.780 --> 00:54:15.500
 We're comfortable with there not being an explicit statement

00:54:15.500 --> 00:54:17.260
 about it because we are going to recommend

00:54:17.260 --> 00:54:19.860
 there being this other disclosure piece.

00:54:19.860 --> 00:54:22.060
 That's mostly what I was trying to get to.

00:54:22.060 --> 00:54:24.420
 OK.

00:54:24.420 --> 00:54:29.020
 So up, down.

00:54:29.020 --> 00:54:31.900
 And up is how the needs of--

00:54:31.900 --> 00:54:33.340
 Less specific.

00:54:33.340 --> 00:54:35.020
 --and have the disclosure thing.

00:54:35.020 --> 00:54:36.420
 Yeah, I'm with that.

00:54:36.420 --> 00:54:39.220
 So you agree with that?

00:54:39.220 --> 00:54:41.260
 Yes, yes.

00:54:41.260 --> 00:54:43.980
 I'll comment.

00:54:43.980 --> 00:54:45.700
 For me, they have to be in combination.

00:54:45.700 --> 00:54:47.940
 For me, they have to be in combination.

00:54:47.940 --> 00:54:51.140
 I will only go less specific if there's a disclosure.

00:54:51.140 --> 00:54:55.020
 If there's no disclosure, then it needs to be specific.

00:54:55.020 --> 00:55:00.500
 Oh, so there's no disclosure required in the model code?

00:55:00.500 --> 00:55:01.060
 It is--

00:55:01.060 --> 00:55:02.540
 There it is, yeah.

00:55:02.540 --> 00:55:08.500
 The disclosure-- the recusalism as specific.

00:55:08.500 --> 00:55:10.300
 In the model code, it doesn't clearly

00:55:10.300 --> 00:55:14.180
 list that owning property is a conflict of interest

00:55:14.180 --> 00:55:15.380
 the way it does in our code.

00:55:15.380 --> 00:55:17.580
 But that's because it's very much

00:55:17.580 --> 00:55:20.740
 implied by the rest of the code.

00:55:20.740 --> 00:55:26.060
 I support that.

00:55:26.060 --> 00:55:34.660
 I mean, I support the idea of defining it

00:55:34.660 --> 00:55:38.740
 as a conflict of interest and requiring recusal and trying

00:55:38.740 --> 00:55:43.540
 to make sense of the requirement for disclosure annually.

00:55:43.540 --> 00:55:44.340
 I don't know if that--

00:55:44.340 --> 00:55:55.500
 I think there's some discussion about how much extra work that

00:55:55.500 --> 00:55:58.660
 is, not just for Madison or possibly this board,

00:55:58.660 --> 00:56:02.900
 but for the council members and everyone else that's

00:56:02.900 --> 00:56:04.540
 affected by the ethics code.

00:56:04.540 --> 00:56:06.580
 I wonder if we could just require that when

00:56:06.580 --> 00:56:11.580
 someone gets elected and then they

00:56:11.580 --> 00:56:14.860
 have to update if they buy or sell any of those.

00:56:14.860 --> 00:56:19.260
 That's work, too.

00:56:19.260 --> 00:56:21.500
 If I turn in, here's my list today,

00:56:21.500 --> 00:56:24.860
 it very likely could change tomorrow.

00:56:24.860 --> 00:56:31.260
 The only reason I'm hesitating is because we are--

00:56:31.260 --> 00:56:33.900
 I think what we're doing is trying

00:56:33.900 --> 00:56:36.660
 to put a list together to go back and say,

00:56:36.660 --> 00:56:39.540
 hey, we got you on this one you told us before,

00:56:39.540 --> 00:56:44.380
 that you have ownership stake in whatever property

00:56:44.380 --> 00:56:48.940
 and then you board it on this zoning change

00:56:48.940 --> 00:56:50.420
 or whatever it is.

00:56:50.420 --> 00:56:56.220
 And it's having trouble separating.

00:56:56.220 --> 00:56:58.780
 We're not requiring them to disclose

00:56:58.780 --> 00:57:03.860
 personal relationships or client relationships, which

00:57:03.860 --> 00:57:07.380
 could potentially result in a conflict of interest.

00:57:07.380 --> 00:57:11.140
 Because that, I think, is unreasonable to ask for.

00:57:11.140 --> 00:57:14.220
 And I'm just trying to convince myself

00:57:14.220 --> 00:57:17.660
 it's unreasonable to ask someone to disclose

00:57:17.660 --> 00:57:22.380
 all of their real property to the city or this board

00:57:22.380 --> 00:57:24.620
 or whoever else.

00:57:24.620 --> 00:57:28.380
 Does it make sense to require that?

00:57:28.380 --> 00:57:33.940
 I wonder if this was written before-- you can look stuff up

00:57:33.940 --> 00:57:34.900
 and write strikers.

00:57:34.900 --> 00:57:40.340
 It's not hard to find out unless people are using root names.

00:57:40.340 --> 00:57:42.980
 I'm fine with requiring disclosure.

00:57:42.980 --> 00:57:48.460
 I'm just trying to think of how do we do this in a way

00:57:48.460 --> 00:57:51.900
 that we get the things in the code that we think genuinely

00:57:51.900 --> 00:57:53.940
 need to be there for this to be effective

00:57:53.940 --> 00:57:58.260
 and to cover things that are not covered now

00:57:58.260 --> 00:58:02.700
 without council saying, oh, no, we're going to ignore this.

00:58:02.700 --> 00:58:07.380
 Disclosure as an actual item comes up,

00:58:07.380 --> 00:58:10.620
 or just the entire disclosure process?

00:58:10.620 --> 00:58:14.380
 Like an annual disclosure process, to me,

00:58:14.380 --> 00:58:16.900
 is a lot of effort for someone.

00:58:16.900 --> 00:58:19.700
 And I'm thinking about what you described about San Marcos

00:58:19.700 --> 00:58:22.700
 and what I saw in the council meeting where they discussed

00:58:22.700 --> 00:58:24.500
 our previous revisions.

00:58:24.500 --> 00:58:27.900
 And it was like, oh, they saw something in those revisions

00:58:27.900 --> 00:58:28.700
 that we proposed.

00:58:28.700 --> 00:58:31.620
 And then automatically, it was like, well, I don't--

00:58:31.620 --> 00:58:32.300
 this is bad.

00:58:32.300 --> 00:58:32.900
 This is bad.

00:58:32.900 --> 00:58:34.420
 I don't even want to discuss this.

00:58:34.420 --> 00:58:40.380
 I think we could cover it more economically or more easily

00:58:40.380 --> 00:58:44.300
 by just making sure that recusal is expected.

00:58:44.300 --> 00:58:46.940
 Yeah, I'm 100% in support of that.

00:58:46.940 --> 00:58:52.460
 And not requiring an annual disclosure

00:58:52.460 --> 00:58:56.380
 does not make it so that they can now

00:58:56.380 --> 00:58:59.180
 vote on something where they have a conflict of interest.

00:58:59.180 --> 00:59:02.380
 They are required to disclose that if a pending matter comes

00:59:02.380 --> 00:59:03.660
 up.

00:59:03.660 --> 00:59:05.500
 That would be the language I would support.

00:59:05.500 --> 00:59:08.420
 It would be simpler and more [INAUDIBLE]

00:59:08.420 --> 00:59:11.740
 Otherwise, you leave it up to partnerships

00:59:11.740 --> 00:59:14.260
 and all kinds of stuff on the others.

00:59:14.260 --> 00:59:16.460
 That could get horribly--

00:59:16.460 --> 00:59:19.220
 All I'm trying to avoid, I think, is--

00:59:19.220 --> 00:59:20.220
 well, there's two things.

00:59:20.220 --> 00:59:22.740
 One is the current members of council

00:59:22.740 --> 00:59:26.140
 getting our proposed revisions and seeing that and saying,

00:59:26.140 --> 00:59:27.740
 well, I don't want to deal with that.

00:59:27.740 --> 00:59:29.100
 I'm going to vote against this.

00:59:29.100 --> 00:59:31.860
 And also, either the current council members

00:59:31.860 --> 00:59:34.700
 or potential council members in the future

00:59:34.700 --> 00:59:39.020
 who own a lot of property or are realtor or whatever else,

00:59:39.020 --> 00:59:39.900
 and they see that.

00:59:39.900 --> 00:59:42.020
 And they're like, well, I want to serve my city,

00:59:42.020 --> 00:59:44.580
 but I don't have a bunch of stuff here.

00:59:44.580 --> 00:59:51.340
 And I don't want to deal with that, even though I would--

00:59:51.340 --> 00:59:52.900
 I'm not in the real estate business,

00:59:52.900 --> 00:59:57.300
 but I can imagine there are people that may want

00:59:57.300 --> 01:00:02.740
 to serve on council and want to do that in a way

01:00:02.740 --> 01:00:06.220
 without having a conflict of interest that they're going to--

01:00:06.220 --> 01:00:08.220
 I suspect this was written--

01:00:08.220 --> 01:00:12.380
 the MAWA cut was written before you could easily

01:00:12.380 --> 01:00:15.420
 search things and tax records online.

01:00:15.420 --> 01:00:16.780
 It was written in 2006.

01:00:16.780 --> 01:00:17.260
 Yeah.

01:00:17.260 --> 01:00:19.780
 Oh, OK.

01:00:19.780 --> 01:00:20.620
 Sorry to derail.

01:00:20.620 --> 01:00:23.020
 I can be convinced otherwise.

01:00:23.020 --> 01:00:25.540
 But that's all I'm thinking about, is how do we make this

01:00:25.540 --> 01:00:28.660
 as simple as possible without getting it all struck down.

01:00:28.660 --> 01:00:31.260
 That does seem more complicated for everybody.

01:00:31.260 --> 01:00:33.180
 If I'm missing something on the requirements--

01:00:33.180 --> 01:00:37.060
 So can we go with the recusal thing and just--

01:00:37.060 --> 01:00:41.060
 I think that if we go with what the MAWA code says,

01:00:41.060 --> 01:00:44.620
 you're saying it requires you to refuse and disclose

01:00:44.620 --> 01:00:47.220
 why you refused anyway.

01:00:47.220 --> 01:00:50.540
 It just wouldn't require the annual disclosure.

01:00:50.540 --> 01:00:51.900
 I'm 100% aware of it.

01:00:51.900 --> 01:00:54.740
 I mean, that's kind of the next part of the discussion, really.

01:00:54.740 --> 01:01:03.660
 Kind of just discuss this.

01:01:03.660 --> 01:01:11.140
 So the model code has the two types of disclosure.

01:01:11.140 --> 01:01:12.780
 Basically, there's the transactional,

01:01:12.780 --> 01:01:15.340
 is what they call it, which is kind of like what we have now

01:01:15.340 --> 01:01:17.820
 when you file an affidavit of this extension.

01:01:17.820 --> 01:01:20.060
 When you basically say, I can't vote on this item,

01:01:20.060 --> 01:01:23.620
 this pending matter because of x, y, z, you file that.

01:01:23.620 --> 01:01:27.300
 And then it gets given to me, hopefully.

01:01:27.300 --> 01:01:30.540
 And then Tammy wonderfully logs it and puts it

01:01:30.540 --> 01:01:33.500
 in a place somewhere that I don't look at because I'm not

01:01:33.500 --> 01:01:34.300
 actually allowed to.

01:01:34.300 --> 01:01:39.300
 So that's how the current code works.

01:01:39.300 --> 01:01:43.460
 Under the MAWA code, it's similar.

01:01:43.460 --> 01:01:46.780
 But it's provided to the FX body as well,

01:01:46.780 --> 01:01:50.820
 as well as the relevant body that they're in.

01:01:50.820 --> 01:01:52.420
 So if they're on the council and they

01:01:52.420 --> 01:01:54.780
 disclose or withdraw from something,

01:01:54.780 --> 01:01:57.860
 it gets told to the register.

01:01:57.860 --> 01:01:59.580
 And then they have the annual disclosure.

01:01:59.580 --> 01:02:02.420
 Kind of sounds like the direction is at.

01:02:02.420 --> 01:02:03.980
 The consensus is that we don't want

01:02:03.980 --> 01:02:07.940
 to have an annual disclosure process.

01:02:07.940 --> 01:02:10.340
 Is that what we're hearing?

01:02:10.340 --> 01:02:11.340
 Yep.

01:02:11.340 --> 01:02:12.820
 Yep.

01:02:12.820 --> 01:02:14.300
 I think that's what we're hearing.

01:02:14.300 --> 01:02:16.420
 That's what I'm hearing.

01:02:16.420 --> 01:02:18.740
 So then we move on to--

01:02:18.740 --> 01:02:22.460
 So then the last piece is when you have to withdraw,

01:02:22.460 --> 01:02:24.180
 which is the pending matter discussion.

01:02:24.180 --> 01:02:33.100
 So model code requires city officials

01:02:33.100 --> 01:02:37.420
 to refrain from acting on or discussing formally

01:02:37.420 --> 01:02:40.140
 or informally a matter before the city

01:02:40.140 --> 01:02:43.180
 if a conflict of interest exists.

01:02:43.180 --> 01:02:45.860
 A matter, in this instance, is not defined further

01:02:45.860 --> 01:02:48.540
 and is much broader than the city's pending matter

01:02:48.540 --> 01:02:51.020
 definition.

01:02:51.020 --> 01:02:53.660
 Another simple difference between these two definitions

01:02:53.660 --> 01:02:56.980
 is that the model codes may occur at any time,

01:02:56.980 --> 01:02:59.780
 whereas the city may only occur at public meetings.

01:02:59.780 --> 01:03:07.980
 So what do you think, model code versus city?

01:03:07.980 --> 01:03:11.300
 I like the broader definition.

01:03:11.300 --> 01:03:14.700
 So Patricia for the model code, Dave for the model code.

01:03:14.700 --> 01:03:17.900
 Yes, broader, yes.

01:03:17.900 --> 01:03:20.820
 Dustin for model code, Tom, yes.

01:03:20.820 --> 01:03:21.300
 OK.

01:03:21.300 --> 01:03:23.220
 I thought that was going to be a tough one.

01:03:23.220 --> 01:03:24.700
 No.

01:03:24.700 --> 01:03:27.100
 Six in favor of model code.

01:03:27.100 --> 01:03:35.140
 So is that it?

01:03:35.140 --> 01:03:36.900
 So I think that I have the direction

01:03:36.900 --> 01:03:43.100
 I need to draft something for us to review in February.

01:03:43.100 --> 01:03:43.600
 OK.

01:03:45.580 --> 01:03:52.500
 I really do appreciate that you guys have taken so much time

01:03:52.500 --> 01:03:57.260
 to review everything, because it makes our discussions a lot

01:03:57.260 --> 01:03:58.220
 easier.

01:03:58.220 --> 01:03:59.700
 So thank you.

01:03:59.700 --> 01:04:10.460
 So we move on to BOE 24-004, which is item B,

01:04:10.460 --> 01:04:12.380
 management reports.

01:04:12.380 --> 01:04:14.460
 Is there anything to discuss here?

01:04:14.460 --> 01:04:17.900
 No, I just included the activity report.

01:04:17.900 --> 01:04:21.700
 It's online now as well, or it should be soon.

01:04:21.700 --> 01:04:24.380
 And plan to do those in the future.

01:04:24.380 --> 01:04:26.540
 But I don't know if you have to paint them.

01:04:26.540 --> 01:04:30.420
 I don't have to, but sorry if it's helpful.

01:04:30.420 --> 01:04:30.900
 OK.

01:04:30.900 --> 01:04:36.380
 So we now move on to item E, BOE 24-004.

01:04:36.380 --> 01:04:40.380
 I have one question under D. Where

01:04:40.380 --> 01:04:44.580
 do we stand, Madison, on the burden?

01:04:44.580 --> 01:04:46.620
 I've been looking through this memorandum

01:04:46.620 --> 01:04:48.700
 of where we're supposedly covered.

01:04:48.700 --> 01:04:51.940
 Where do we stand on this burden of proof?

01:04:51.940 --> 01:04:55.340
 Yes, so we've given direction to move forward with that.

01:04:55.340 --> 01:05:00.620
 So when we take the packet to council in March or April,

01:05:00.620 --> 01:05:02.220
 it'll go to council at that point.

01:05:02.220 --> 01:05:05.540
 So that-- OK, so that's a done deal.

01:05:05.540 --> 01:05:07.220
 It's done as far as--

01:05:07.220 --> 01:05:07.980
 From our side.

01:05:07.980 --> 01:05:09.180
 Right, yes.

01:05:09.180 --> 01:05:10.940
 So there would be two items.

01:05:10.940 --> 01:05:14.260
 This whole conflict of interest and the--

01:05:14.260 --> 01:05:15.780
 yeah, and I feel like if--

01:05:15.780 --> 01:05:19.180
 I mean, these are two items that are going to--

01:05:19.180 --> 01:05:20.340
 could be big.

01:05:20.340 --> 01:05:23.820
 But I wouldn't want to add anything more than once we

01:05:23.820 --> 01:05:27.100
 clarify this, we're ready to move to council.

01:05:27.100 --> 01:05:29.380
 Yeah, one, I'll bring back language next time,

01:05:29.380 --> 01:05:31.420
 and then we can decide at that point,

01:05:31.420 --> 01:05:32.860
 are we comfortable with the language,

01:05:32.860 --> 01:05:35.380
 or do we want to review it again in March

01:05:35.380 --> 01:05:38.700
 before we send it to council?

01:05:38.700 --> 01:05:40.700
 OK.

01:05:40.700 --> 01:05:46.220
 So we move on to item E, BOE 24-005, Receiver Report,

01:05:46.220 --> 01:05:49.020
 Hold a Discussion, and Give Staff Direction

01:05:49.020 --> 01:05:51.580
 Regarding Future Meeting Topics.

01:05:51.580 --> 01:05:56.460
 I think on the schedule right now is,

01:05:56.460 --> 01:05:59.420
 like we just discussed, the red lines for the things

01:05:59.420 --> 01:06:02.620
 that we want to bring to council soon.

01:06:02.620 --> 01:06:07.980
 We could add items to the agenda for next time or not.

01:06:07.980 --> 01:06:11.540
 But that's what this item is for.

01:06:11.540 --> 01:06:13.540
 What's your pleasure?

01:06:13.540 --> 01:06:16.260
 I think we need to get a good look at what we've done today

01:06:16.260 --> 01:06:18.740
 in writing a form we had--

01:06:18.740 --> 01:06:19.740
 So I would say not--

01:06:19.740 --> 01:06:20.660
 --anything else.

01:06:20.660 --> 01:06:21.780
 --not add.

01:06:21.780 --> 01:06:22.660
 Yes, I would agree.

01:06:22.660 --> 01:06:23.420
 I would agree.

01:06:23.420 --> 01:06:24.740
 Agreed.

01:06:24.740 --> 01:06:27.140
 Boy, we're in unison.

01:06:27.140 --> 01:06:28.020
 All right.

01:06:28.020 --> 01:06:29.420
 Makes it easier for me.

01:06:29.420 --> 01:06:30.980
 I want to thank you guys, because I

01:06:30.980 --> 01:06:33.460
 can tell you are definitely looking at these things

01:06:33.460 --> 01:06:34.740
 and thinking about them.

01:06:34.740 --> 01:06:36.780
 So thank you very much.

01:06:36.780 --> 01:06:40.500
 It was a lot more efficient.

01:06:40.500 --> 01:06:42.380
 Thanks for putting all this together.

01:06:42.380 --> 01:06:44.220
 Yeah, medicine is the best.

01:06:44.220 --> 01:06:45.500
 Thank you, Tammy.

01:06:45.500 --> 01:06:48.460
 I was very sorry.

01:06:48.460 --> 01:06:52.860
 Medicine is a brilliant analytical line.

01:06:52.860 --> 01:06:56.460
 So next meeting is February 5th at 530.

01:06:56.460 --> 01:06:57.900
 Tell Tammy you can't come.

01:06:57.900 --> 01:07:02.660
 Actually, I guess tell me, actually.

01:07:02.660 --> 01:07:05.140
 Don't mess with me.

01:07:05.140 --> 01:07:06.900
 You're irreplaceable, right?

01:07:06.900 --> 01:07:08.900
 No, not irreplaceable.

01:07:08.900 --> 01:07:10.780
 She has been irreplaceable.

01:07:10.780 --> 01:07:12.660
 Yeah, I don't know if we'll have somebody--

01:07:12.660 --> 01:07:15.140
 I think-- when are you meeting, Tammy?

01:07:15.140 --> 01:07:16.140
 Next week.

01:07:16.140 --> 01:07:17.340
 Oh, wow.

01:07:17.340 --> 01:07:18.380
 OK, don't tell Tammy.

01:07:18.380 --> 01:07:19.500
 Don't leave us.

01:07:19.500 --> 01:07:20.980
 You'll be at the next meeting.

01:07:20.980 --> 01:07:23.300
 Just for fun.

01:07:23.300 --> 01:07:26.340
 You'll bring your popcorn?

01:07:26.340 --> 01:07:28.220
 I'll bring cupcakes.

01:07:28.220 --> 01:07:30.220
 I'll bring water bowls, whatever you--

01:07:30.220 --> 01:07:31.380
 I'll bring pumpkin butter.

01:07:31.380 --> 01:07:32.700
 There you go.

01:07:32.700 --> 01:07:33.300
 OK.

01:07:33.300 --> 01:07:36.700
 Well, I'll email you and introduce the new person

01:07:36.700 --> 01:07:37.820
 when we get them.

01:07:37.820 --> 01:07:38.460
 OK.

01:07:38.460 --> 01:07:41.140
 And they will likely hopefully be here at that point,

01:07:41.140 --> 01:07:44.220
 so that I don't have to be the next.

01:07:44.220 --> 01:07:52.500
 So it is now 638, and this meeting is adjourned.

01:07:52.500 --> 01:07:53.500
 Thank you very much.

01:07:53.500 --> 01:07:54.020
 Thanks, Grace.

01:07:54.020 --> 01:07:55.500
 My pleasure.

01:07:55.500 --> 01:07:56.060
 Bye.

01:07:56.060 --> 01:07:57.620
 Bye.

