WEBVTT

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 >> Good evening.

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 It is Monday, February 5th, 2024, and it is 5.30 p.m.,

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 and this is the Board of Ethics meeting,

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 and I am now calling this meeting to order.

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 So we do not have any presentation

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 from members of the public.

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 So we will move to item two on our agenda.

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 BOE 24-006, consider approval of minutes from January 8th, 2024.

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 So does anyone have any amendments or concerns?

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 Seeing none, I can entertain a --

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 >> Make a motion.

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 >> Does the public move to approve the minutes?

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 Is there a second?

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 >> I second.

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 >> Patricia Roenke has seconded.

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 So all in favor?

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 >> Aye.

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 >> Unanimous, we have five people here tonight.

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 So we will now move on to BOE 24-007.

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 Receive a report, hold a discussion,

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 and give staff directions on the draft red lines

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 for potential proposed amendments for the Board of Ethics to one,

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 repeal and replace Ethics Code Ordinance Section 2-273(a),

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 conflicts of interest, and two, eliminate Section 2-281(c)(4),

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 burden and proof, including amending the Board of Ethics

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 rules of procedure to adjust evidence for hearing procedures

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 to reflect the elimination of the requirement

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 for the complainant to testify at an evidence reading.

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 So Madison has sent us several items, and I've asked them

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 to propose Articulous Red Line Talkies.

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 So thank you, Madison, for doing that.

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 So I guess we can start.

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 Did you -- you're going to do a presentation?

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 >> I don't really have anything prepared.

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 These are things that we -- this is something that we used last time

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 when we talked about this proposal,

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 and then this is just the red lines on this slide.

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 I don't -- yeah.

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 >> Okay. I'm assuming everybody had a chance to look at things,

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 so we'll move on to things you want to address,

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 and I'll recognize David Zeltner.

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 >> One question for Madison.

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 The schedule now -- two more readings, March and April.

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 Do we have a tannity schedule when what we're --

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 where we're at is finally going to make it back

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 to the city council, or do you have any idea?

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 >> Yes. So the council, I'm going to present to them the things

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 that you approved on June 4th during work session.

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 They'll give us direction at that point to do

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 with whatever their direction is,

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 and if there are changes they would like made,

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 we'll bring back an amended ordinance sometime

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 after that, hopefully in July.

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 >> So we might potentially have to bring a new council

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 in before this gets to them, after the elections, I guess.

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 >> It will be after the election.

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 >> Okay. That's what I'm trying to understand,

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 is if we can get this wrapped up in any way

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 for the current council, but apparently not then.

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 Is that right?

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 >> Right. I discussed it with the city manager,

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 and there's -- the work sessions are full, basically, until June.

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 They're busy.

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 I don't know. It will still take a long time to present to them.

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 >> June's the earliest then.

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 >> Correct.

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 >> Okay. Okay.

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 >> Moving at government speed.

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 >> Well, that's --

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 >> Okay. So please -- do you want to do a page turn?

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 What is it going to be?

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 >> We can also pull it up on -- okay, that'll be easy.

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 I don't know if you want to start with proposal one, or --

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 well, I don't know if you want to start with conflict of interest

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 or board of burden of proof.

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 Burden of proof is more in the procedures.

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 >> I thought we had kind of --

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 >> It sort of got discussed.

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 I don't know if you want to discuss it again, but --

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 >> Does anyone want to discuss it again?

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 Conflict of interest?

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 >> Burden of proof.

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 >> Burden of proof.

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 >> I don't know anything.

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 >> I'd say we move on, because I think the, you know,

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 conflict of interest is the big deal right now.

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 >> So I -- so there's clearly a bunch

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 of definitions that we've added based on the direction I was

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 given to essentially model what's in our code

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 after what's in the model code.

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 So that's why all these new definitions are in here.

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 We can go back to them as we go through the section

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 that's actually changing.

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 So essentially just took out all what was there

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 and replaced it with this new language.

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 >> So I know you guys have had a chance to look at it.

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 >> I just had a couple of minor things in paragraph one.

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 That's on the screen there.

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 Line two, I think it should be or influence others,

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 unless I misunderstood.

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 I think it's just missing an "S" on there.

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 Okay?

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 All right.

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 And then paragraph B, for substantial customer,

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 that's not a -- there's no definition for that.

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 Do we need to have a definition for that, because I --

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 that was the only thing that I saw that I wasn't really sure.

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 I know we talked a little bit about, do we define that,

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 or what that would look like, it's not in the definitions now,

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 but it's separate from -- it says a client

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 or substantial customer, and I'm not sure how --

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 >> I feel like -- did we --

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 was there a direction to take substantial out last time?

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 I could have just forgotten about that.

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 >> I think that was my big deal.

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 >> Okay.

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 [ Laughter ]

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 >> Yeah.

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 >> I couldn't remember from our discussion the details on that.

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 I just noticed that that was still there

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 and that there wasn't a definition.

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 >> Yeah.

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 >> I would be fine with taking the substantial out,

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 because I don't think we need to define that with a hard number

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 of, you know, whatever the number was or whatever.

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 >> In the model code, there is, like, a number associated

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 with it in the definition that is not in the definition

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 that we put in our code based on the direction that you all gave.

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 So it might have just forgotten to take

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 out the word "substantial."

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 >> Okay. I would like to strike "substantial" for me.

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 >> Andrea would?

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 >> I would.

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 >> What about David and Patricia?

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 Do you want to strike "substantial"?

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 >> Does it --

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 >> Yeah.

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 >> Does it cause any problem

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 with any other possible relationships that aren't defined?

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 Does that make sense?

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 >> I think people know what a client means, but I'm not --

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 I'm kind of not sure about "substantial" customers.

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 >> So even if it's vague, it's --

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 >> Yeah. I think that part of the reason I brought --

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 >> Define it or take it out.

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 >> Yeah. We are defining customer or client.

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 >> Yeah.

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 >> That's added to the definitions.

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 And so that was the only thing that kind of jumped out at me

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 that we have "substantial" in the body of the text,

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 but not in the definition.

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 So I think the way it is -- if we take "substantial" out,

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 it's pretty clear what that means

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 from the definition that's been added.

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 >> So just -- that double R should just say a client.

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 Some kind of -- or just --

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 >> Client or customer.

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 >> Okay.

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 Client can cover a lot of categories.

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 >> Right.

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 >> Yeah. So it's probably client.

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 >> So just take out "more substantial."

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 >> Okay. So everybody's okay with that?

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 >> All in favor?

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 >> All in favor?

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 >> Yes.

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 >> It seems like there's a general consensus to remove --

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 >> It's right "substantial" from section A1, B2.

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 >> We do need to vote on these things?

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 >> No.

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 >> Okay.

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 >> Okay.

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 >> You still have a given official group, right?

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 So we're all in favor of that.

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 So we're good.

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 >> Well, yeah, this is a --

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 >> I have a question.

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 >> Yes.

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 >> Are we going to work our -- I'm just --

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 procedure-wise, are we going to work our way through all

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 of the red line stuff that you have first?

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 Because I've got one or two small items

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 that have not been indicated as an issue at this point.

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 So we're going to do that at the end, or what's the --

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 >> Why don't we work our way

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 through what we're working on right now,

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 and then we'll come back to the other stuff?

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 >> Okay, that's fine.

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 That's fine, yeah.

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 >> All right.

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 >> So next in that section, what's --

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 >> I have a similar question on item 3.

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 There's "substantial debtor or creditor."

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 If we want to keep "substantial," there --

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 I don't believe there's definition added

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 for "debtor or creditor."

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 I think we all know what that means.

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 I don't know what it means to be separately defined.

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 The question is more just the "substantial."

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 Does that mean to be defined, or does that mean to be removed?

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 >> Do you want to take it out of one,

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 or do you want to take it out of the other?

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 >> This is on page number 7 of your complex.

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 >> Yes.

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 >> Okay.

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 >> If I could -- I'd provide a little insight on that.

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 I think the "substantial" is there

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 to really give you all leeway to make a judgment call.

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 So if you take it out, then it's objective.

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 But if you leave it in there, then you all get --

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 but, you know, here the board hears --

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 the complaint could say, "Okay, yes, it's a debtor or creditor.

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 Does it mean "substantial"?

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 And leaving it out of the file gives room

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 for discussion on that point.

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 >> And that's why I thought we left it in last time,

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 was because it's definitely a debtor or creditor.

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 >> So how do you guys -- I think that's helpful information.

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 >> It's helpful to hear that from the council.

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 >> Yeah. So then what do you guys think about leaving it?

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 >> And I'm sorry, what's your name?

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 >> Scott.

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 >> Scott. Can you see a problem with not having it in?

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 >> I don't want to weigh in on "shoulds."

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 I just want to -- I think sort of trying to understand --

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 >> But that's -- yeah, this is why --

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 >> -- statutes why those things are included.

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 >> This is why a board would exist.

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 >> This is a statute of law.

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 >> Is that we do make a decision.

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 >> It wouldn't constrain us to not have that word in there.

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 >> I think it's more legal, yeah.

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 >> To Scott's point, right, with the client or customer,

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 if any person -- this is what the definition says right now.

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 Any person or entity which they've supplied goods

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 or services to in the past 24 months would then conflict

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 and then out of that.

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 So I don't -- obviously, there's some judgment there,

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 but you might, to Scott's point, substantial give you leeway.

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 Well, did they just sell them a lawnmower?

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 I don't know, you know what I mean?

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 >> Girl scout cookies.

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 So I think our discussion last time, though, was in terms

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 of the -- I can see the point when it comes

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 to substantial debt or creditor because there's that --

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 there's leeway there.

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 But I think in the -- when it comes to the customer part,

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 that model code had given a dollar amount what made a

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 customer a substantial customer, and our code doesn't have that.

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 And so therefore, I said, well, then it becomes, in my opinion,

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 too arbitrary of what substantial is.

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 And since we had said we wanted to stay away from dollar amounts

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 and limits, that in lieu of that, we would just cut

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 the substantial in terms of it.

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 So any kind of customer relationship would raise to --

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 >> And I believe the model code uses that $1,000 in aggregate

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 for substantial -- for client or customer.

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 And I think there's something in there about $10,000.

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 This is, again, just numbers that's in the model code

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 for debtor -- substantial debtor or creditor.

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 But I don't know where that is, and so I don't know how --

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 >> An example that I read, and I think it was the model code,

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 was that you need to have some leeway in this because,

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 let's say, I shopped at Kroger's -- or Albert's, I don't care --

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 and something came up with that thing, then probably just

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 about everybody, you know, shops at one of the stores and didn't.

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 And so then they would be a client.

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 And I think if a question came out just

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 because they bought their groceries there,

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 that makes them not a substantial customer.

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 But, you know, if you have someone selling you one lawnmower,

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 that's different from 100 lawnmowers.

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 So that's -- I think that is why we need to have that leeway.

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 >> I'm going to -- I'm going to go back to the fact of that if,

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 you know, we're using the language of the model code,

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 but we're not implementing the same definitions

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 and limits as the model code.

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 And that is where piecemealing --

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 piecemealing model code versus old code produces a problem, right?

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 I -- if --

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 >> So you would like to have the number in there, or --

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 >> I don't have -- I'm not set an opinion on that.

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 Does that make sense?

00:14:47.360 --> 00:14:48.660
 >> Does that make sense?

00:14:48.660 --> 00:14:51.900
 >> It's not that I can -- you know, I can have a --

00:14:51.900 --> 00:14:55.740
 I can have a conversation either way, with or without.

00:14:55.740 --> 00:14:59.040
 But I think if we're using model code language,

00:14:59.040 --> 00:15:02.040
 but we're not defining like the model code,

00:15:02.040 --> 00:15:05.040
 then we're opening ourselves potentially up for certain --

00:15:05.040 --> 00:15:08.180
 for things that we're not anticipating at the moment.

00:15:08.180 --> 00:15:11.220
 And that is what I'm concerned about with this substantial.

00:15:11.220 --> 00:15:15.960
 I get -- I get the -- obviously, everything in this ethics code,

00:15:15.960 --> 00:15:19.800
 there's a certain amount of vagueness in order to be able

00:15:19.800 --> 00:15:21.260
 to have the conversation, right?

00:15:21.260 --> 00:15:23.500
 Because it shouldn't be hard and fast rules.

00:15:23.500 --> 00:15:25.740
 Which is exactly one of the reasons why we started this

00:15:25.740 --> 00:15:27.860
 whole conversation of conflict of interest.

00:15:27.860 --> 00:15:33.880
 Because we all agreed that the way we're defining everything

00:15:33.880 --> 00:15:37.680
 with dollar amounts and limits is not productive

00:15:37.680 --> 00:15:41.640
 in that conversation of what is substantial?

00:15:41.640 --> 00:15:44.320
 What -- what truly -- is it one little more?

00:15:44.320 --> 00:15:46.860
 And -- because we want to have that conversation, right?

00:15:46.860 --> 00:15:51.020
 One low -- one lawn mower over 100 lawn mowers.

00:15:51.020 --> 00:15:52.600
 >> David, did you have --

00:15:52.600 --> 00:15:54.200
 >> Well, no, I just think you're --

00:15:54.200 --> 00:15:57.360
 we're kind of heading right back into that same trap,

00:15:57.360 --> 00:16:01.340
 using the word substantial rather than dollars amounts.

00:16:01.340 --> 00:16:03.000
 There's just another reminder

00:16:03.000 --> 00:16:06.380
 that this is just a general guideline.

00:16:06.380 --> 00:16:10.140
 That nothing is going to -- go ahead.

00:16:10.140 --> 00:16:12.120
 >> But, David, that is where I disagree with you.

00:16:12.120 --> 00:16:15.980
 Is because we don't have -- we don't have dollars amount --

00:16:15.980 --> 00:16:18.280
 dollar amounts, but the model code does.

00:16:18.280 --> 00:16:21.120
 The model code has the word substantial.

00:16:21.120 --> 00:16:27.160
 I'm arguing I don't want that because then we should also have

00:16:27.160 --> 00:16:29.940
 what -- a definition of what is substantial.

00:16:29.940 --> 00:16:32.800
 What does substantial mean?

00:16:32.800 --> 00:16:34.200
 Just like the model code does.

00:16:34.200 --> 00:16:36.000
 >> Right.

00:16:36.000 --> 00:16:38.040
 >> So that's where --

00:16:38.040 --> 00:16:40.440
 >> So Patricia -- or --

00:16:40.440 --> 00:16:44.140
 >> I see that point, but I'm really not that concerned with --

00:16:44.140 --> 00:16:46.680
 I'm fine with the word substantial.

00:16:46.680 --> 00:16:49.080
 Because I don't think that one way or the other,

00:16:49.080 --> 00:16:53.880
 we're ever going to be bound to that limit on hearing

00:16:53.880 --> 00:16:56.360
 or anything of that nature.

00:16:56.360 --> 00:16:58.400
 So I'm good with --

00:16:58.400 --> 00:17:05.700
 >> I think for the -- just to make sure we're on the same page,

00:17:05.700 --> 00:17:14.840
 for the way this is written, that paragraph to a client

00:17:14.840 --> 00:17:16.780
 or substantial customer or client

00:17:16.780 --> 00:17:22.180
 or customer will be a customer or client of the city official.

00:17:22.180 --> 00:17:25.960
 Not the city official is a client or customer of,

00:17:25.960 --> 00:17:28.220
 you know, grocery store or department store or whatever.

00:17:28.220 --> 00:17:32.100
 So that would be -- that wouldn't apply there.

00:17:32.100 --> 00:17:43.080
 And I don't know on -- I think if we were to leave that word

00:17:43.080 --> 00:17:45.240
 in for a client or customer,

00:17:45.240 --> 00:17:49.880
 it should be both substantial client and/or customer.

00:17:49.880 --> 00:17:54.020
 But I'm still -- I still support taking that out.

00:17:54.020 --> 00:17:59.760
 For the substantial debtor or creditor, I brought that up more

00:17:59.760 --> 00:18:02.720
 as a question because I -- that feels a little bit different

00:18:02.720 --> 00:18:05.200
 to me than a customer.

00:18:05.200 --> 00:18:09.540
 And having some leeway in evaluating that

00:18:09.540 --> 00:18:12.480
 if it does come up makes some sense.

00:18:12.480 --> 00:18:13.600
 >> Okay.

00:18:13.600 --> 00:18:14.580
 >> I can imagine --

00:18:14.580 --> 00:18:15.740
 >> So you're going to say leave it

00:18:15.740 --> 00:18:17.580
 and you're saying it's problematic?

00:18:17.580 --> 00:18:18.480
 David, what are your thoughts?

00:18:18.480 --> 00:18:19.140
 >> I'm good.

00:18:19.140 --> 00:18:20.720
 >> That's all right.

00:18:20.720 --> 00:18:22.640
 >> Just leave it or?

00:18:25.120 --> 00:18:30.120
 >> I would -- I think we're -- I understand completely

00:18:30.120 --> 00:18:34.560
 where you're coming from, but I just think we're kind of backing

00:18:34.560 --> 00:18:38.100
 from dollars and cents and a very, very specific code back

00:18:38.100 --> 00:18:39.700
 into the general category here.

00:18:39.700 --> 00:18:41.000
 I don't think it's going to make a lot

00:18:41.000 --> 00:18:42.340
 of difference one way or the other.

00:18:42.340 --> 00:18:44.200
 I really don't.

00:18:44.200 --> 00:18:46.840
 >> Patricia, what do you think?

00:18:46.840 --> 00:18:50.140
 >> I'm fine with leaving it and I'm also fine with taking it out.

00:18:50.140 --> 00:18:56.960
 I think the words substantial would be if there were a case

00:18:56.960 --> 00:19:01.620
 that came before us, we would, you know, ask the --

00:19:01.620 --> 00:19:06.760
 when we'd be asking the person, do you believe your involvement

00:19:06.760 --> 00:19:09.260
 with this client or customer is substantial enough

00:19:09.260 --> 00:19:11.100
 to influence your vote?

00:19:11.100 --> 00:19:13.400
 I mean, we'd be asking them those questions

00:19:13.400 --> 00:19:15.600
 and see what they say.

00:19:18.080 --> 00:19:20.640
 You know, I only loaned it, I only loaned my customer

00:19:20.640 --> 00:19:26.720
 or I only get my customer $100 for something, you know.

00:19:26.720 --> 00:19:30.780
 You'd say, well, that's not substantial.

00:19:30.780 --> 00:19:40.160
 >> Yeah. So one, kind of abstention, two, move it in,

00:19:40.160 --> 00:19:45.240
 one, make it more specific.

00:19:45.240 --> 00:19:46.200
 So --

00:19:46.200 --> 00:19:48.000
 >> To clarify, I'm not asking for limits.

00:19:48.000 --> 00:19:49.200
 I'm not asking for dollars.

00:19:49.200 --> 00:19:52.300
 I'm not asking for limits.

00:19:52.300 --> 00:19:54.980
 >> Yeah. It's hard.

00:19:54.980 --> 00:19:57.580
 I mean, these are -- it's hard to think ahead of all the things

00:19:57.580 --> 00:20:01.020
 that could come up.

00:20:01.020 --> 00:20:04.180
 I think that that would be probably an opinion case

00:20:04.180 --> 00:20:09.360
 and my concern with the rules of procedure,

00:20:09.360 --> 00:20:11.960
 which I think probably need to be changed,

00:20:11.960 --> 00:20:15.160
 is that you can't actually talk to the person.

00:20:15.160 --> 00:20:18.360
 We have to go on what they --

00:20:18.360 --> 00:20:19.840
 and let's find a way to go around it.

00:20:19.840 --> 00:20:23.040
 And there is a go around, so --

00:20:23.040 --> 00:20:26.340
 >> Madison, if this -- just a question.

00:20:26.340 --> 00:20:28.140
 Did this come from a Wechsler model?

00:20:28.140 --> 00:20:31.680
 Was there any discussion from Wechsler on that word

00:20:31.680 --> 00:20:35.720
 if that confuses things or where did this come from?

00:20:35.720 --> 00:20:40.280
 >> Yes. It's from the Wechsler model code.

00:20:40.280 --> 00:20:45.360
 He usually discusses, you know, he puts some narrative

00:20:45.360 --> 00:20:46.800
 after most of these.

00:20:46.800 --> 00:20:53.140
 Was there any problem that he brought up with?

00:20:53.140 --> 00:20:56.500
 >> I don't believe so right under this section, but --

00:20:56.500 --> 00:20:59.240
 well, I mean, let me try to pull it up just to double-check.

00:20:59.240 --> 00:21:00.640
 >> Yeah.

00:21:00.640 --> 00:21:09.180
 >> For some reason, it's really hard to find out this computer.

00:21:09.180 --> 00:21:11.020
 >> Well, we have bigger fish to fry here.

00:21:11.020 --> 00:21:12.180
 I'm okay either way.

00:21:12.180 --> 00:21:13.520
 I just think we have --

00:21:13.520 --> 00:21:16.560
 >> Yeah, it's right there.

00:21:16.560 --> 00:21:18.220
 The word "substantial" is right there.

00:21:18.220 --> 00:21:19.400
 >> Yeah, this is the model code.

00:21:19.400 --> 00:21:22.500
 I think -- let me click on this.

00:21:22.500 --> 00:21:27.940
 Yeah, there's no discussion about the word "substantial."

00:21:27.940 --> 00:21:32.000
 That I can see.

00:21:32.000 --> 00:21:35.400
 >> I would like to say, hearing what Scott said,

00:21:35.400 --> 00:21:38.680
 I would like to have leeway because I think

00:21:38.680 --> 00:21:40.520
 if this did come to a hearing,

00:21:40.520 --> 00:21:44.360
 then I think the board members would think

00:21:44.360 --> 00:21:51.560
 through how that looks and a lot of ethics as a parent, so,

00:21:51.560 --> 00:21:55.400
 sadly, the appearance of evil.

00:21:55.400 --> 00:21:56.660
 >> I think the question is what --

00:21:56.660 --> 00:21:59.960
 when you say you would like leeway, how do you want

00:21:59.960 --> 00:22:01.400
 to make that clear in the code?

00:22:01.400 --> 00:22:05.540
 Because right now, if you don't include "substantial,"

00:22:05.540 --> 00:22:06.900
 it is a conflict of interest

00:22:06.900 --> 00:22:10.580
 if you've done -- provided goods or services to a person

00:22:10.580 --> 00:22:12.480
 over the last 24 months.

00:22:12.480 --> 00:22:14.540
 >> That sounds way too narrow.

00:22:14.540 --> 00:22:16.580
 >> We don't want narrow, in my opinion.

00:22:16.580 --> 00:22:18.820
 >> Right. I mean, that's the way I'm understanding it

00:22:18.820 --> 00:22:20.020
 from what Scott said.

00:22:20.020 --> 00:22:21.860
 But he wasn't giving an opinion.

00:22:21.860 --> 00:22:24.860
 I'm not a lawyer, so I don't --

00:22:24.860 --> 00:22:29.160
 >> I'd say it sounds like kind of leaning toward like banana.

00:22:29.160 --> 00:22:30.360
 I do think we have --

00:22:30.360 --> 00:22:31.640
 >> I would hate to explain --

00:22:31.640 --> 00:22:35.840
 have to explain to somebody why we took it out.

00:22:35.840 --> 00:22:39.140
 >> So, I really appreciate your concern, though.

00:22:39.140 --> 00:22:44.440
 >> And my reasoning specifically is because you had presented

00:22:44.440 --> 00:22:49.120
 to us that the model code has a definition of what "substantial"

00:22:49.120 --> 00:22:52.420
 is that is tied to dollar amounts.

00:22:52.420 --> 00:22:53.420
 That is my reasoning.

00:22:53.420 --> 00:22:55.720
 That was my reasoning for why,

00:22:55.720 --> 00:22:58.820
 because then there was an actual this is substantial,

00:22:58.820 --> 00:23:00.160
 this is not.

00:23:00.160 --> 00:23:01.100
 Does that make sense?

00:23:01.100 --> 00:23:03.560
 And that was exactly the reason why I had a question

00:23:03.560 --> 00:23:06.000
 when we had that conversation.

00:23:06.000 --> 00:23:10.000
 And the city council will also weigh in on this, too.

00:23:10.000 --> 00:23:12.440
 So, they'll say, "Well, we don't like that it's vague.

00:23:12.440 --> 00:23:15.080
 We want you to tell us an exact amount, and we're going

00:23:15.080 --> 00:23:18.240
 to set the exact amount that we think is reasonable."

00:23:18.240 --> 00:23:20.520
 So, it's not -- we're not the only ones deciding this,

00:23:20.520 --> 00:23:22.380
 the city council, so.

00:23:22.380 --> 00:23:25.520
 >> I guess I -- I think it's vague the way it's written

00:23:25.520 --> 00:23:26.820
 in the model code.

00:23:26.820 --> 00:23:30.460
 It says -- in the definition, it says "customer" or "client,"

00:23:30.460 --> 00:23:32.320
 but then the body of the text says "client"

00:23:32.320 --> 00:23:35.800
 or "substantial customer," which is why, when I read

00:23:35.800 --> 00:23:37.360
 through this, I thought this doesn't make sense,

00:23:37.360 --> 00:23:39.000
 because we're not defining that.

00:23:39.000 --> 00:23:42.900
 Even in the model code, if there is a value there

00:23:42.900 --> 00:23:46.640
 in the previous 24 months, an aggregate of greater

00:23:46.640 --> 00:23:49.540
 than $1,000, and then there's some more to that.

00:23:49.540 --> 00:23:53.080
 But it doesn't -- to me, I don't --

00:23:53.080 --> 00:23:55.120
 I know we're nitpicking one word here,

00:23:55.120 --> 00:23:58.980
 but just the way it's written, where it's put in the sentence,

00:23:58.980 --> 00:24:01.760
 makes it seem like that is something different.

00:24:01.760 --> 00:24:03.960
 Like, a client or a substantial customer.

00:24:03.960 --> 00:24:05.020
 >> I think --

00:24:05.020 --> 00:24:07.660
 >> I think if the word stays in either one of those,

00:24:07.660 --> 00:24:10.060
 it should precede "client."

00:24:10.060 --> 00:24:12.960
 >> I think that -- perhaps I presented it wrong last time.

00:24:12.960 --> 00:24:17.640
 What it seems like now is that, per the definition,

00:24:17.640 --> 00:24:19.800
 it has nothing to do with the word "substantial."

00:24:19.800 --> 00:24:22.900
 The definition is, if you're doing that business

00:24:22.900 --> 00:24:25.480
 with a person that's less than $1,000,

00:24:25.480 --> 00:24:28.340
 they're not a client or a customer.

00:24:28.340 --> 00:24:30.580
 So, the "substantial" is --

00:24:30.580 --> 00:24:33.880
 I don't know why it's only tacking on to "customer."

00:24:33.880 --> 00:24:37.060
 But it's saying, if you're doing business with a client

00:24:37.060 --> 00:24:40.500
 for more than $1,000 in the last 24 months with a person,

00:24:40.500 --> 00:24:44.000
 that's a client, you're conflicted out.

00:24:44.000 --> 00:24:46.600
 And then -- or, if you have a customer and you've done more

00:24:46.600 --> 00:24:49.340
 than $1,000 -- a person that you've done more than $1,000

00:24:49.340 --> 00:24:52.000
 with a business that's a customer,

00:24:52.000 --> 00:24:56.040
 then if it's "substantial," then it's a conflict.

00:24:56.040 --> 00:24:58.020
 So, there's more leeway just for that customer piece.

00:24:58.020 --> 00:25:00.120
 I don't -- it's not really clear to me what the difference

00:25:00.120 --> 00:25:02.520
 between "customer" or "client" is, but --

00:25:02.520 --> 00:25:07.020
 perhaps there's a professional thing -- I don't know.

00:25:07.020 --> 00:25:12.460
 But I think the point here is that if you just sold somebody

00:25:12.460 --> 00:25:14.360
 a lawnmower for $500,

00:25:14.360 --> 00:25:18.840
 they're not a client or customer, per the model code.

00:25:18.840 --> 00:25:21.300
 -Yeah, and I don't see why anybody would see it that way.

00:25:21.300 --> 00:25:24.040
 -But per our code, you would need it,

00:25:24.040 --> 00:25:29.180
 because we don't have that value threshold.

00:25:29.180 --> 00:25:31.680
 -So what? -Per the red lines, I'm sorry.

00:25:31.680 --> 00:25:35.720
 Not our code. -Okay.

00:25:35.720 --> 00:25:37.320
 -That's my understanding.

00:25:37.320 --> 00:25:38.660
 -I'm not sure what I'm hearing.

00:25:38.660 --> 00:25:41.460
 You want to leave it in, or do you want to take it out?

00:25:41.460 --> 00:25:46.820
 -Let's have a vote. I move to leave it in.

00:25:46.820 --> 00:25:50.500
 -Okay. Before we do -- before we take a vote.

00:25:50.500 --> 00:25:53.760
 Because I can -- like, if we're not attaching dollar amounts

00:25:53.760 --> 00:25:55.540
 with the "substantial" and we're good with that,

00:25:55.540 --> 00:25:57.340
 I can absolutely go with it.

00:25:57.340 --> 00:25:59.600
 Now the question becomes, should we also make

00:25:59.600 --> 00:26:01.440
 the client substantial,

00:26:01.440 --> 00:26:03.620
 or is that a completely different relationship

00:26:03.620 --> 00:26:05.120
 that is not affected?

00:26:05.120 --> 00:26:08.220
 -Yeah, just move that word to the "substantial client"

00:26:08.220 --> 00:26:10.460
 or "customer," but that word "substantial"

00:26:10.460 --> 00:26:12.160
 before "client" and "customer."

00:26:12.160 --> 00:26:14.860
 -That would make more sense. -That makes a lot of sense.

00:26:14.860 --> 00:26:16.800
 -That makes more sense to me, too, then.

00:26:16.800 --> 00:26:19.320
 -So I think that I -- I know that we had a motion,

00:26:19.320 --> 00:26:20.660
 so I think we have to resolve that.

00:26:20.660 --> 00:26:23.560
 But I think the direction I'm hearing is to leave

00:26:23.560 --> 00:26:28.200
 "substantial" land, but move it to before a client.

00:26:28.200 --> 00:26:29.900
 -You don't need official nationalized?

00:26:29.900 --> 00:26:31.740
 Do you want to withdraw your motion,

00:26:31.740 --> 00:26:36.340
 or do you want to carry it through?

00:26:36.340 --> 00:26:39.920
 -What do you think about a motion

00:26:39.920 --> 00:26:44.720
 to change it to "substantial client" or "customer"?

00:26:44.720 --> 00:26:49.320
 Right? -That's fine.

00:26:49.320 --> 00:26:52.260
 -Okay. You want to put that motion out?

00:26:52.260 --> 00:26:53.900
 -Yeah, I'll -- I'm in that.

00:26:53.900 --> 00:26:56.840
 Yeah, just move "substantial" to "customer."

00:26:56.840 --> 00:27:01.000
 -Okay. So, all in favor of "substantial client"?

00:27:01.000 --> 00:27:03.440
 -There's going to be a second. -Oh, sorry.

00:27:03.440 --> 00:27:05.740
 Does anybody want to second this?

00:27:05.740 --> 00:27:07.180
 -I'll second it. -Okay.

00:27:07.180 --> 00:27:10.220
 -Andrea's second. -We got Patricia and Andrew.

00:27:10.220 --> 00:27:12.280
 Okay, so all in favor?

00:27:12.280 --> 00:27:15.620
 -Aye. -Aye.

00:27:15.620 --> 00:27:18.160
 -Thank you, Justin, for pointing that out.

00:27:18.160 --> 00:27:19.960
 -I don't know if I helped anything.

00:27:19.960 --> 00:27:22.420
 I think I confused everybody, including myself.

00:27:22.420 --> 00:27:24.400
 -No. Thank you, Andrea, for it.

00:27:24.400 --> 00:27:27.700
 -But it makes more sense now the way it's written there.

00:27:27.700 --> 00:27:32.000
 -Okay. What's the next?

00:27:32.000 --> 00:27:34.540
 Are we still on page 7, or are we moving to --

00:27:34.540 --> 00:27:37.640
 -And that was a 501 book, right?

00:27:37.640 --> 00:27:40.140
 -Right.

00:27:47.080 --> 00:27:50.260
 -Okay. Next.

00:27:50.260 --> 00:28:01.100
 -I just had a typo on page number 8, paragraph 2C.

00:28:01.100 --> 00:28:04.640
 I think the last initial is "public record of the board."

00:28:04.640 --> 00:28:08.680
 "Of" or "for" -- I don't know what the right grammar is there.

00:28:08.680 --> 00:28:13.480
 -There's an "F" behind the "O."

00:28:13.480 --> 00:28:16.540
 -That's easy to do. -Easy to do.

00:28:16.540 --> 00:28:18.420
 -Okay. Thank you for catching that.

00:28:18.420 --> 00:28:20.520
 What else? -There's an Irish paragraph.

00:28:20.520 --> 00:28:22.420
 -What's that? -What?

00:28:22.420 --> 00:28:28.760
 -May the light be with you.

00:28:28.760 --> 00:28:30.900
 Okay. Next.

00:28:46.580 --> 00:28:49.340
 -That was all I had. I don't know if you remember me.

00:28:49.340 --> 00:28:51.380
 Those were the only things that I had questions about

00:28:51.380 --> 00:28:56.780
 or comments on. Everything else looked great.

00:28:56.780 --> 00:29:02.660
 -So I have one thing just to draw your attention to.

00:29:02.660 --> 00:29:05.400
 What is this now? -Letter.

00:29:05.400 --> 00:29:12.060
 -2 -- Yeah. So section 2 of the new code, or 2B.

00:29:12.060 --> 00:29:13.940
 There's a whole section where you have to inform

00:29:13.940 --> 00:29:18.300
 a particular person or a body if you have withdrawn.

00:29:18.300 --> 00:29:22.340
 So that's not currently required by our code.

00:29:22.340 --> 00:29:28.380
 That's the -- So 2A and 2C are currently required by our code.

00:29:28.380 --> 00:29:33.960
 There's this 2B, "Inform the appropriate individual or body

00:29:33.960 --> 00:29:38.660
 pursuant to section 5 if you have to withdraw."

00:29:38.660 --> 00:29:40.000
 Right? Is that what it says?

00:29:40.000 --> 00:29:46.360
 -Section 2. It's on page 8.

00:29:46.360 --> 00:29:50.100
 -I'm sorry. It's on page 8.

00:29:50.100 --> 00:29:54.800
 Section 2B references that you have to inform

00:29:54.800 --> 00:29:57.880
 the appropriate individual or body pursuant to --

00:29:57.880 --> 00:30:00.080
 It says subsection 5. That should be subsection 4.

00:30:00.080 --> 00:30:02.580
 I'm sorry.

00:30:02.580 --> 00:30:05.960
 So then subsection 4 has a whole list of,

00:30:05.960 --> 00:30:11.520
 "If you have to withdraw, go tell this person." Right?

00:30:11.520 --> 00:30:14.220
 So for the city council, if you're an elected official

00:30:14.220 --> 00:30:16.960
 and you have to withdraw, not only do you have to stop

00:30:16.960 --> 00:30:22.500
 tracking withdrawal and you have to submit an affidavit to me,

00:30:22.500 --> 00:30:25.800
 you would then also have to go tell the mayor.

00:30:25.800 --> 00:30:27.880
 That's not something that's in our current code.

00:30:27.880 --> 00:30:32.980
 It's not something we really discussed last time.

00:30:32.980 --> 00:30:35.240
 So I would like to get direction on that.

00:30:35.240 --> 00:30:40.120
 I put it in here because it's part of the model code.

00:30:40.120 --> 00:30:42.860
 -I think leave it in.

00:30:42.860 --> 00:30:44.360
 -That we would want them to go tell.

00:30:44.360 --> 00:30:46.100
 -Inform the mayor.

00:30:46.100 --> 00:30:58.340
 -Should we just say, "Inform the mayor"?

00:30:58.340 --> 00:31:02.980
 -Well, it's already in there. Just leave it in.

00:31:02.980 --> 00:31:08.540
 -Right. So the way it would work, if y'all, an appointed board,

00:31:08.540 --> 00:31:14.820
 if one of you had to disclose something,

00:31:14.820 --> 00:31:17.760
 you would tell Annetta as the chair of the board.

00:31:17.760 --> 00:31:20.260
 If Annetta did, she would inform the secretary.

00:31:20.260 --> 00:31:23.900
 That's not a position that exists.

00:31:23.900 --> 00:31:28.500
 So then I think you would have to tell the city council somehow.

00:31:28.500 --> 00:31:31.240
 I, as an appointed person but not on a body,

00:31:31.240 --> 00:31:33.500
 you would have to inform the city council.

00:31:33.500 --> 00:31:36.480
 A city council member would have to inform the mayor.

00:31:36.480 --> 00:31:38.980
 There's nothing about who the mayor would have to say,

00:31:38.980 --> 00:31:41.180
 tell him. So I don't know about that.

00:31:41.180 --> 00:31:44.080
 Maybe the mayor pretend we could write that in.

00:31:44.080 --> 00:31:47.320
 -What would be the benefit of this?

00:31:47.320 --> 00:31:48.880
 Because it seems, I mean,

00:31:48.880 --> 00:31:52.680
 it does seem like a really nice thing to do.

00:31:52.680 --> 00:31:56.760
 -Yes. So this is on top of you're exposed to withdrawal,

00:31:56.760 --> 00:32:00.500
 and then you still have to file a written disclosure with me.

00:32:00.500 --> 00:32:03.260
 So there is already a disclosure piece.

00:32:03.260 --> 00:32:07.040
 -So what do you guys think about that?

00:32:07.040 --> 00:32:17.020
 -Well, to me, this circles all the way

00:32:17.020 --> 00:32:20.140
 back to a lot of these business disclosures.

00:32:20.140 --> 00:32:23.660
 Under definitions of things I'd like to talk about separately.

00:32:23.660 --> 00:32:34.640
 So I had not taken the model code under a microscope, correctly.

00:32:34.640 --> 00:32:37.940
 I mean, I'm taking it as it was written.

00:32:37.940 --> 00:32:41.100
 If we get to that point,

00:32:41.100 --> 00:32:44.820
 then we all have a lot more work to do.

00:32:44.820 --> 00:32:49.460
 -Justin, I'm curious what you think.

00:32:50.980 --> 00:32:54.020
 -I don't have a strong opinion.

00:32:54.020 --> 00:32:57.580
 I mean, I don't see this as

00:32:57.580 --> 00:33:02.660
 a huge burden to the person that is accusing themselves.

00:33:02.660 --> 00:33:08.300
 I don't know how much value it brings to the whole process.

00:33:08.300 --> 00:33:10.360
 I mean, it adds a step.

00:33:10.360 --> 00:33:15.260
 Outside of letting Madison know and filing an affidavit,

00:33:18.020 --> 00:33:22.100
 I'm trying to think of why this would be

00:33:22.100 --> 00:33:28.300
 included and why this would be valuable to include.

00:33:28.300 --> 00:33:36.220
 -I think the mayor runs the meetings so it wouldn't be nice to-

00:33:36.220 --> 00:33:38.020
 -Like for understanding for-

00:33:38.020 --> 00:33:39.220
 -Yeah, running the meetings.

00:33:39.220 --> 00:33:43.220
 Somebody is going to recuse themselves because of conflict of interest.

00:33:43.220 --> 00:33:47.860
 -I guess that makes sense, and that's why for the board members to inform

00:33:47.860 --> 00:33:52.860
 the chair of the board, that makes sense.

00:33:52.860 --> 00:33:55.820
 -It would avoid embarrassment to the mayor if you didn't know.

00:33:55.820 --> 00:34:01.460
 -Right. Okay.

00:34:01.460 --> 00:34:08.300
 I guess I don't know that there's a need to make that.

00:34:08.300 --> 00:34:13.700
 I mean, I suppose the affidavit would be public, right?

00:34:13.700 --> 00:34:15.540
 -It's a public document.

00:34:15.540 --> 00:34:18.100
 -It should be.

00:34:18.100 --> 00:34:28.820
 -Yeah. I mean, I don't know that the statement of recusal is required

00:34:28.820 --> 00:34:35.220
 at a meeting in the record of the meeting for discussion of whatever

00:34:35.220 --> 00:34:37.820
 the topic is that the person is recusing.

00:34:37.820 --> 00:34:43.260
 If they just choose to not participate,

00:34:43.260 --> 00:34:46.340
 if they file the affidavit and notify the chair of the meeting,

00:34:46.340 --> 00:34:52.140
 whether that is the board chair or the mayor,

00:34:52.140 --> 00:34:57.300
 I mean, procedurally, I guess that makes sense, right?

00:34:57.300 --> 00:34:58.540
 -It seems like a good-

00:34:58.540 --> 00:35:03.100
 -There's not a requirement to do that for procedure.

00:35:03.100 --> 00:35:09.420
 -And just to make sure we're clear, so our current code only really

00:35:09.420 --> 00:35:13.700
 applies during meetings, right? You have to file,

00:35:13.700 --> 00:35:18.140
 you have to withdraw publicly and file an affidavit.

00:35:18.140 --> 00:35:22.540
 This new code, the red lines, require you, even if you're just at dinner

00:35:22.540 --> 00:35:25.780
 with somebody and something comes up and you have to withdraw,

00:35:25.780 --> 00:35:31.180
 you would have to disclose that that had occurred by doing all these things.

00:35:31.180 --> 00:35:36.140
 So by stopping from participating, then you would have to go tell somebody,

00:35:36.140 --> 00:35:38.540
 whoever it is, according to this other section,

00:35:38.540 --> 00:35:42.260
 and then you would also have to file an affidavit with me

00:35:42.260 --> 00:35:48.780
 if you were at dinner with somebody and something came up.

00:35:48.780 --> 00:35:53.380
 That's the big change of the conflict of interest section,

00:35:53.380 --> 00:35:56.860
 is it's not just applicable to pending matters.

00:35:56.860 --> 00:35:59.620
 -So it's outside of the meeting, isn't it?

00:35:59.620 --> 00:36:08.740
 -Right. I don't know that everybody is filing their affidavits, right?

00:36:08.740 --> 00:36:13.300
 You've trained them to do that. So I guess my concern is,

00:36:13.300 --> 00:36:16.620
 we're going to put this in here, if you don't do it,

00:36:16.620 --> 00:36:20.100
 it's a reason that you're violating the code.

00:36:20.100 --> 00:36:25.380
 I think that making the process more burdensome is not going to help

00:36:25.380 --> 00:36:31.540
 as far as getting the change through the civic council.

00:36:31.540 --> 00:36:38.060
 -Yeah. I think for that reason, I would like to not have it in here,

00:36:38.060 --> 00:36:46.020
 but I'd like to agree with anything.

00:36:46.020 --> 00:36:51.740
 -I'm going to agree with David because I think this is exactly one of the big

00:36:51.740 --> 00:36:58.300
 issues if you're piecemealing code, because we're running into things

00:36:58.300 --> 00:37:04.140
 that are not defined, we're running into things that will add procedural burdens

00:37:04.140 --> 00:37:14.180
 that we don't have at this point. It's not just a matter of making the code

00:37:14.180 --> 00:37:20.900
 less maximum and minimum oriented as it is at the moment,

00:37:20.900 --> 00:37:25.340
 but more vague so that there is leeway to make decisions.

00:37:25.340 --> 00:37:39.140
 So I struggle not with the language, I struggle with our potential unintended

00:37:39.140 --> 00:37:43.700
 consequences of taking something.

00:37:43.700 --> 00:37:49.420
 -The model code is a very transparent one, and the code we have now

00:37:49.420 --> 00:37:51.140
 is not so transparent.

00:37:51.140 --> 00:37:52.580
 -I'm sorry, say that again.

00:37:52.580 --> 00:37:58.860
 -The model code is very transparent, and the one we have now is not

00:37:58.860 --> 00:38:10.180
 as transparent, so yeah, I mean, there's unintended consequences.

00:38:10.180 --> 00:38:21.020
 -What do you guys want to do?

00:38:21.020 --> 00:38:26.220
 -Because at the end of the day, if it is a private dinner,

00:38:26.220 --> 00:38:32.620
 the conversation is substantially influencing, then yeah, I would like for

00:38:32.620 --> 00:38:41.140
 that to be included and necessary to disclose it.

00:38:41.140 --> 00:38:45.140
 -And the section that we're talking about, getting rid of it wouldn't not

00:38:45.140 --> 00:38:52.580
 require them to disclose it, it would just only go to me, which I'm not

00:38:52.580 --> 00:38:54.140
 actually allowed to do anything with.

00:38:54.140 --> 00:38:58.940
 -Well, and that is exactly where I feel the transparency, because I think

00:38:58.940 --> 00:39:02.940
 that this is what this is doing, by having to have that extra level of

00:39:02.940 --> 00:39:08.220
 reporting, that to me is a lot of professional courtesy, because you are

00:39:08.220 --> 00:39:15.180
 restricted from certain communications, whereas if I have to recuse myself to

00:39:15.180 --> 00:39:22.700
 that, then there is another individual that actually is aware, and I don't

00:39:22.700 --> 00:39:31.860
 think that that is necessarily a bad thing, because it forces certain

00:39:31.860 --> 00:39:35.580
 professionalism to be maintained for granted, but this oftentimes

00:39:35.580 --> 00:39:37.940
 is not happening.

00:39:37.940 --> 00:39:44.500
 -So you're just saying leave it in, or take it out?

00:39:44.500 --> 00:39:47.860
 -I think we should leave it in.

00:39:47.860 --> 00:39:52.660
 -I think it increases transparency, but isn't that what we want?

00:39:52.660 --> 00:39:57.940
 -What I would recommend, since we don't have a secretary, it could be

00:39:57.940 --> 00:40:06.660
 the vice chair, instead of the secretary for the chair, and every board

00:40:06.660 --> 00:40:11.740
 is required to have a vice chair, so that's a good slot fixed.

00:40:11.740 --> 00:40:18.340
 -I think that makes sense.

00:40:18.340 --> 00:40:25.940
 Reading through this, I don't see this as adding a huge burden on anyone.

00:40:25.940 --> 00:40:32.460
 On all these things, I'm looking at it as does it make sense, can we apply it

00:40:32.460 --> 00:40:40.220
 as a board, and is there anything in it that would make the council just

00:40:40.220 --> 00:40:44.260
 stride through this and say we're not going to do that, because that's kind of

00:40:44.260 --> 00:40:48.660
 what happened with our last set of revisions, a lot of it just sort of got

00:40:48.660 --> 00:40:51.980
 scratched, and it was confusing.

00:40:51.980 --> 00:41:00.620
 This feels really straightforward, and we're trying to apply the entire

00:41:00.620 --> 00:41:10.700
 ethics code to acting in a way that is transparent, and it doesn't feel like

00:41:10.700 --> 00:41:14.340
 there's an undue burden here.

00:41:14.340 --> 00:41:25.900
 The first sentence on paragraph four, I think it should be subsection 2B.

00:41:25.900 --> 00:41:34.420
 This isn't extremely complicated, they're already having to file an affidavit,

00:41:34.420 --> 00:41:38.260
 and it just says inform, I don't know.

00:41:38.260 --> 00:41:47.860
 -But I do like the Vice Chair's suggestion.

00:41:47.860 --> 00:41:53.900
 -It feels like a good thing to have it, and like this would be going in the

00:41:53.900 --> 00:42:01.500
 direction where I think everyone wants the code to go without giving the

00:42:01.500 --> 00:42:07.940
 council something to just draw a line through.

00:42:07.940 --> 00:42:13.180
 -I would hate to put us in a position where we have to defend every line of a

00:42:13.180 --> 00:42:20.060
 universal model code that is stood all across all these other municipalities,

00:42:20.060 --> 00:42:30.740
 and so there's always going to be time, if something comes up, this is why most

00:42:30.740 --> 00:42:35.020
 of these ethics ordinances or codes are fairly general.

00:42:35.020 --> 00:42:39.380
 There's always an opportunity to go back and fix a problem, if it occurs,

00:42:39.380 --> 00:42:46.980
 but to try and predict at this point where something could jump the tracks.

00:42:46.980 --> 00:42:51.300
 I think that we need to kind of focus on this universal code.

00:42:51.300 --> 00:42:58.860
 Something might happen, yes, but I'm very comfortable with the language that's here,

00:42:58.860 --> 00:43:00.580
 at least as a place to start.

00:43:00.580 --> 00:43:03.900
 We've got a lot to do here.

00:43:03.900 --> 00:43:10.060
 -So I'm here, you're good, you're good, you're good, you're good, you're good.

00:43:10.060 --> 00:43:16.100
 -With the change to the Vice Chair, and then I, well maybe I just said this,

00:43:16.100 --> 00:43:22.460
 but for the Mayor, for Inform the Mayor Pro Tem, it's basically the same.

00:43:22.460 --> 00:43:27.300
 -Perfect, all right, I like that.

00:43:27.300 --> 00:43:30.300
 Okay, what other?

00:43:30.300 --> 00:43:33.500
 -Would that become subsection D then?

00:43:33.500 --> 00:43:38.020
 -I figured I could just add it to C, okay?

00:43:38.020 --> 00:43:39.740
 Because that's how A works, is it correct?

00:43:39.740 --> 00:43:44.540
 -Yeah.

00:43:44.540 --> 00:43:47.540
 -Okay, what next?

00:44:03.540 --> 00:44:06.540
 -Yeah.

00:44:06.540 --> 00:44:09.540
 -Oh, thank you.

00:44:09.540 --> 00:44:12.540
 Appreciate that.

00:44:12.540 --> 00:44:25.540
 -I do remember, I think you said something about the domestic partner definition last

00:44:25.540 --> 00:44:43.540
 time, I don't know if you wanted to look at that.

00:44:43.540 --> 00:44:44.540
 -Just say partner?

00:44:44.540 --> 00:44:45.540
 Where is that?

00:44:45.540 --> 00:44:50.540
 -Partner is described, it's on page four.

00:44:50.540 --> 00:44:55.540
 -Well, it's not defined anywhere else.

00:44:55.540 --> 00:45:10.540
 -I just think domestic partners is slightly outdated term, and I think that more common

00:45:10.540 --> 00:45:13.540
 than now is partner.

00:45:13.540 --> 00:45:17.540
 -You can certainly do whatever you want, I think there's other references to business

00:45:17.540 --> 00:45:25.540
 partner that might make it a little confusing within the code, but I understand what you're

00:45:25.540 --> 00:45:26.540
 saying.

00:45:26.540 --> 00:45:29.540
 -I'm really not that bothered by it.

00:45:29.540 --> 00:45:30.540
 -Okay.

00:45:30.540 --> 00:45:38.540
 -I just remember you brought it up so I'm not sure.

00:45:38.540 --> 00:45:43.540
 -Next?

00:45:43.540 --> 00:45:45.540
 -Are we leaving domestic partners in that passage?

00:45:45.540 --> 00:45:46.540
 -Yes.

00:45:46.540 --> 00:45:47.540
 -Okay.

00:45:47.540 --> 00:46:01.540
 So when do we, or when can we raise issues with other, with definitions and some other

00:46:01.540 --> 00:46:02.540
 things that are in here?

00:46:02.540 --> 00:46:03.540
 Is this now or later?

00:46:03.540 --> 00:46:04.540
 -I think you might be there.

00:46:04.540 --> 00:46:05.540
 -No.

00:46:05.540 --> 00:46:06.540
 -Okay.

00:46:06.540 --> 00:46:08.540
 So what page would you be looking for?

00:46:08.540 --> 00:46:12.540
 -Well, I just, I have two issues only.

00:46:12.540 --> 00:46:21.540
 I'm 95% just totally pleased with where we are right now in terms of the process, where

00:46:21.540 --> 00:46:26.540
 we've been, where we're heading, but there are just maybe like three or four minor issues

00:46:26.540 --> 00:46:28.540
 and I know they're not earth-shaking.

00:46:28.540 --> 00:46:44.540
 For example, the definition on page three of complainant, as it stands now, the human

00:46:44.540 --> 00:46:48.540
 individual who submitted a complaint to the city.

00:46:48.540 --> 00:46:53.540
 That to me is a problem comparing Denton and any other city with an ethics code.

00:46:53.540 --> 00:46:59.540
 I would like to discuss or at least start out making a motion that that be amended to

00:46:59.540 --> 00:47:02.540
 the individual, public, or private entity.

00:47:02.540 --> 00:47:10.540
 This was, this was 2016 baggage trying to keep organizations from being able to file

00:47:10.540 --> 00:47:11.540
 complaints.

00:47:11.540 --> 00:47:14.540
 And to me, this is a huge problem.

00:47:14.540 --> 00:47:19.540
 -We're not actually supposed to talk about the definition.

00:47:19.540 --> 00:47:20.540
 We're supposed to for...

00:47:20.540 --> 00:47:28.540
 -Yeah, I wouldn't really like to go back and look at the definitions, but it's not,

00:47:28.540 --> 00:47:31.540
 yeah, we're not posted for that, so we can't...

00:47:31.540 --> 00:47:36.540
 -Well, that's what I, that's why I'm a little confused here because we have the whole...

00:47:36.540 --> 00:47:41.540
 -Yeah, we, I asked for that because I wanted to make sure we could look at what we're

00:47:41.540 --> 00:47:46.540
 changing and make sure it's in continuity, but I think that's probably a...

00:47:46.540 --> 00:47:50.540
 -Well, especially if we have until June now, I mean, there are, there are some definitions

00:47:50.540 --> 00:47:54.540
 that really, really need to be talked about and reworked or rethought about.

00:47:54.540 --> 00:47:57.540
 -So that's something to bring up at the end of the meeting when we're talking about...

00:47:57.540 --> 00:47:58.540
 -That's fine.

00:47:58.540 --> 00:47:59.540
 -Next time.

00:47:59.540 --> 00:48:00.540
 -Next time.

00:48:00.540 --> 00:48:01.540
 -I, I wouldn't, though.

00:48:01.540 --> 00:48:02.540
 -Okay.

00:48:02.540 --> 00:48:03.540
 -I wouldn't really go into that questions.

00:48:03.540 --> 00:48:06.540
 -Is there any good direction to do that?

00:48:06.540 --> 00:48:09.540
 -Is there anything else that we're posted about?

00:48:09.540 --> 00:48:12.540
 -So that would just be the red lines?

00:48:12.540 --> 00:48:13.540
 -Right.

00:48:13.540 --> 00:48:14.540
 -And I think if there's a change in it...

00:48:14.540 --> 00:48:15.540
 -The red lines only?

00:48:15.540 --> 00:48:22.540
 -If there's a definition as it relates to the changes in the conflict of interest section,

00:48:22.540 --> 00:48:28.540
 then you can talk about that, but something that's not directly implicated in these changes

00:48:28.540 --> 00:48:32.540
 in the conflict of interest section would be outposted.

00:48:32.540 --> 00:48:33.540
 -Is that a good one?

00:48:33.540 --> 00:48:34.540
 -Yeah, that's clear.

00:48:34.540 --> 00:48:35.540
 -Okay.

00:48:35.540 --> 00:48:36.540
 -Thank you, Scott.

00:48:36.540 --> 00:48:37.540
 -Good clarification.

00:48:37.540 --> 00:48:45.540
 -That's probably to make me be more specific, so that's...

00:48:45.540 --> 00:48:46.540
 -Yeah.

00:48:46.540 --> 00:48:47.540
 Okay.

00:48:47.540 --> 00:48:50.540
 So any other things that we are posted to talk about?

00:48:50.540 --> 00:48:53.540
 I'm overall pretty happy with it, personally.

00:48:53.540 --> 00:48:56.540
 You know, it's a big...

00:48:56.540 --> 00:49:04.540
 I don't want to confuse the matter much more right now, because I think that's what happened

00:49:04.540 --> 00:49:08.540
 at the council meeting where we took all those changes.

00:49:08.540 --> 00:49:11.540
 I think they've just worked over the world.

00:49:11.540 --> 00:49:19.540
 -I think these are both very large changes to the code, so I would advise the board not

00:49:19.540 --> 00:49:26.540
 to submit more proposals to them for the June 16th meeting, unless they were very small.

00:49:26.540 --> 00:49:29.540
 But you can certainly do that if you would like to.

00:49:29.540 --> 00:49:34.540
 I just don't have to tell the city manager I need more than an hour.

00:49:34.540 --> 00:49:37.540
 -Yeah, because I think we were posted for 30 minutes last time.

00:49:37.540 --> 00:49:39.540
 -It was an hour.

00:49:39.540 --> 00:49:41.540
 -It went for like two.

00:49:41.540 --> 00:49:42.540
 -Yeah.

00:49:42.540 --> 00:49:43.540
 -Yeah.

00:49:43.540 --> 00:49:50.540
 -So process-wise, then how do we determine what is a future red line power?

00:49:50.540 --> 00:49:52.540
 Do we discuss it with you, or...?

00:49:52.540 --> 00:49:55.540
 -At the end of the meeting, we have changes.

00:49:55.540 --> 00:49:56.540
 -Okay.

00:49:56.540 --> 00:49:57.540
 -Yeah.

00:49:57.540 --> 00:50:02.540
 -I guess we could decide if we want to add more to this meeting, but I think this is

00:50:02.540 --> 00:50:03.540
 enough.

00:50:03.540 --> 00:50:10.540
 My opinion, just watching the council members and how overwhelmed they seemed when we talked

00:50:10.540 --> 00:50:15.540
 about it, it was like God was shouting from the heavens.

00:50:15.540 --> 00:50:18.540
 It was very unpleasant.

00:50:18.540 --> 00:50:30.540
 -Okay, well then, so then I guess we're finished with 007?

00:50:30.540 --> 00:50:33.540
 -Just to double-check, there's nothing on the burden of proof that you all want to discuss.

00:50:33.540 --> 00:50:42.540
 These next steps are I'll bring forward a letter, which will be the formal forwarding

00:50:42.540 --> 00:50:45.540
 to the city council that we've done in the past.

00:50:45.540 --> 00:50:48.540
 That will be at the next meeting, and then we'll be done with this packet, essentially,

00:50:48.540 --> 00:51:08.540
 until they give you direction, give me direction, I guess, on what to do with the proposal.

00:51:08.540 --> 00:51:12.540
 There'll be an opportunity next time, just wanted to double-check, since we are posted

00:51:12.540 --> 00:51:20.540
 to discuss it today, if you would like to.

00:51:20.540 --> 00:51:25.540
 -So basically all that's there is what we crossed out of ours and replaced with model

00:51:25.540 --> 00:51:27.540
 code, is that correct?

00:51:27.540 --> 00:51:33.540
 -In the code, yes, and that's mostly, that's almost entirely just the proposal, I can't

00:51:33.540 --> 00:51:38.540
 remember, one or two that's to repeal and replace the conflict of interest section.

00:51:38.540 --> 00:51:43.540
 The other proposal that we're presenting them with is the burden of proof removal, which

00:51:43.540 --> 00:51:48.540
 has a bunch of procedural changes to the hearings that go with it, to essentially make it so

00:51:48.540 --> 00:51:56.540
 that the complainant does not have to testify at the hearing, if one of those gets that far.

00:51:56.540 --> 00:52:01.540
 They can, but they don't have to.

00:52:01.540 --> 00:52:08.540
 -I personally feel like we, I know we've talked about this twice, maybe, so in my opinion

00:52:08.540 --> 00:52:17.540
 we covered that matter, but I certainly don't want to leave out any opinions.

00:52:17.540 --> 00:52:24.540
 Because all opinions are welcome.

00:52:24.540 --> 00:52:39.540
 This is just a brief summary of what the procedural changes are intended to do.

00:52:39.540 --> 00:52:54.540
 Opinions, Abby, you want to talk about anything?

00:52:54.540 --> 00:53:06.540
 -I'm fine with taking out what's taken out.

00:53:06.540 --> 00:53:09.540
 -We move on then, right?

00:53:09.540 --> 00:53:10.540
 -Yep.

00:53:10.540 --> 00:53:14.540
 -Okay, BOE 24-008, management reports.

00:53:14.540 --> 00:53:22.540
 So, January 24, advisory opinion responses report.

00:53:22.540 --> 00:53:29.540
 -So just an update, we got an advisory opinion request, it's going to be heard by a panel

00:53:29.540 --> 00:53:34.540
 on Thursday, which is an update from what was in the packet, because I hadn't gotten

00:53:34.540 --> 00:53:38.540
 a request for an actual advisory opinion.

00:53:38.540 --> 00:53:46.540
 So really there's nothing to discuss, this is part of the process that I have to follow.

00:53:46.540 --> 00:53:49.540
 -So we're done with this, no action required.

00:53:49.540 --> 00:53:51.540
 -Unless you have questions or something.

00:53:51.540 --> 00:53:52.540
 -Is that here?

00:53:52.540 --> 00:53:56.540
 -Right, it'll be here at 5.30, just on Thursday.

00:53:56.540 --> 00:53:58.540
 -Okay, thank you.

00:53:58.540 --> 00:54:05.540
 -So we move on to BOE 24-09, receiver report, hold a discussion and give staff direction

00:54:05.540 --> 00:54:08.540
 regarding future meeting topics.

00:54:08.540 --> 00:54:18.540
 So this will be the day before you bring things up.

00:54:18.540 --> 00:54:29.540
 -Well, I would like to discuss some definitions.

00:54:29.540 --> 00:54:32.540
 Complaints specifically.

00:54:32.540 --> 00:54:38.540
 I would like to discuss, under mandates, this business disclosures.

00:54:38.540 --> 00:54:47.540
 There's huge problems there, in my opinion.

00:54:47.540 --> 00:54:57.540
 So we need to discuss the packet of proposed amendments next month.

00:54:57.540 --> 00:55:08.540
 I don't want to get that process moving.

00:55:08.540 --> 00:55:09.540
 -You're there.

00:55:09.540 --> 00:55:11.540
 You're certainly on time.

00:55:11.540 --> 00:55:19.540
 -So would you think about March, what would you think about putting that topic into March?

00:55:19.540 --> 00:55:21.540
 -Well, yeah, ASAP.

00:55:21.540 --> 00:55:26.540
 -And you want to call it looking at definitions?

00:55:26.540 --> 00:55:28.540
 -Well, there's only two.

00:55:28.540 --> 00:55:38.540
 There's not a great deal here, but I have that definition, and under mandates 2-272,

00:55:38.540 --> 00:55:42.540
 this discussion of business disclosures and pending matters,

00:55:42.540 --> 00:55:47.540
 we've already struck the words "pending matters" from our lexicon.

00:55:47.540 --> 00:55:56.540
 And so this business disclosures under 2-72C revisits this entire pending matter issue.

00:55:56.540 --> 00:56:03.540
 So there's some work to do, in my opinion, on section 2-72C,

00:56:03.540 --> 00:56:07.540
 whether that's either amending or just deleting entirely.

00:56:07.540 --> 00:56:12.540
 -Okay.

00:56:12.540 --> 00:56:17.540
 -Do we need to talk about financial disclosures, like from PACs and things like that,

00:56:17.540 --> 00:56:31.540
 or is that already covered?

00:56:31.540 --> 00:56:37.540
 -So the ethics code is not a campaign financing code.

00:56:37.540 --> 00:56:41.540
 It does not regulate financial disclosures at all.

00:56:41.540 --> 00:56:49.540
 It just requires that a city council member file the financial disclosures required by the state of Texas.

00:56:49.540 --> 00:56:51.540
 -Does that include PAC money?

00:56:51.540 --> 00:56:53.540
 -I don't know.

00:56:53.540 --> 00:56:55.540
 I'd have to look that up.

00:56:55.540 --> 00:56:59.540
 -I think federal law may be what's--

00:56:59.540 --> 00:57:01.540
 well, versus in that area.

00:57:01.540 --> 00:57:12.540
 -I do know there were some major changes in disclosures for PACs about six years ago.

00:57:12.540 --> 00:57:14.540
 I don't recall exactly.

00:57:14.540 --> 00:57:19.540
 But it did change even local elections significantly.

00:57:19.540 --> 00:57:30.540
 And I don't know that we-- yeah, I guess I want to say-- personally, I'd like to say I believe it's there.

00:57:30.540 --> 00:57:33.540
 But I don't know, Scott.

00:57:33.540 --> 00:57:36.540
 Do you have any awareness of that?

00:57:36.540 --> 00:57:40.540
 Yeah, I just read a couple of big articles about it.

00:57:40.540 --> 00:57:43.540
 -I know candidates are required to make financial disclosures.

00:57:43.540 --> 00:57:52.540
 It used to be that they had to also disclose where the money was coming from and the change.

00:57:52.540 --> 00:57:54.540
 Was that known to them?

00:57:54.540 --> 00:58:00.540
 -If we wanted to get more information on that, I could ask the city secretary's office if they have information on it.

00:58:00.540 --> 00:58:02.540
 -OK.

00:58:02.540 --> 00:58:04.540
 -And provide it to you.

00:58:04.540 --> 00:58:06.540
 I just don't really know.

00:58:06.540 --> 00:58:16.540
 I'm really part of the ethics field, so it's not something I try to keep up with as part of this field.

00:58:16.540 --> 00:58:17.540
 -OK.

00:58:17.540 --> 00:58:18.540
 All right.

00:58:18.540 --> 00:58:21.540
 I know I read that on something like Forbes, so it wasn't.

00:58:21.540 --> 00:58:26.540
 But anyway.

00:58:26.540 --> 00:58:32.540
 If you want to check into that, I would be interested in hearing if anybody knows.

00:58:32.540 --> 00:58:39.540
 -I don't think we have the right to supersede federal law.

00:58:39.540 --> 00:58:40.540
 -Right.

00:58:40.540 --> 00:58:44.540
 And I'd be curious to know what the rules are.

00:58:44.540 --> 00:58:50.540
 -Yeah, I can see what the city secretary's office gives to candidates as far as what they are required to do.

00:58:50.540 --> 00:58:52.540
 And send that to y'all on email.

00:58:52.540 --> 00:59:00.540
 And then if you would like to do anything with that, we can discuss it at the next future meeting item section.

00:59:00.540 --> 00:59:01.540
 Does that work?

00:59:01.540 --> 00:59:03.540
 -I hope that works.

00:59:03.540 --> 00:59:06.540
 Madison, thank you so much for this red line.

00:59:06.540 --> 00:59:09.540
 I know that you don't have help right now.

00:59:09.540 --> 00:59:13.540
 And as usual, you've got it done.

00:59:13.540 --> 00:59:19.540
 So I don't think I just speak for myself in saying that I'm grateful.

00:59:19.540 --> 00:59:20.540
 -Agreed.

00:59:20.540 --> 00:59:24.540
 -So I'm a little unclear on what you would like to do in March, though.

00:59:24.540 --> 00:59:28.540
 -I would like to talk about the business disclosures.

00:59:28.540 --> 00:59:31.540
 Would that be the right way, then?

00:59:31.540 --> 00:59:32.540
 -Yeah.

00:59:32.540 --> 00:59:33.540
 -Which one?

00:59:33.540 --> 00:59:34.540
 -272.

00:59:34.540 --> 00:59:36.540
 -Yeah, business disclosures.

00:59:36.540 --> 00:59:38.540
 -I think I missed that.

00:59:38.540 --> 00:59:40.540
 So I think it does have pending matter in there.

00:59:40.540 --> 00:59:47.540
 I think it does need to be changed potentially as part of this other -- I think it goes along.

00:59:47.540 --> 00:59:48.540
 -So does C.

00:59:48.540 --> 00:59:49.540
 -Right, C and E.

00:59:49.540 --> 00:59:57.540
 -So if pending matter got removed, then it was like C and E.

00:59:57.540 --> 01:00:08.540
 So -- because I almost feel like everything that's included -- because this part is -- what it covers is very weird and confusing.

01:00:08.540 --> 01:00:12.540
 And I almost feel like it might be covered under the new conflict of interest section.

01:00:12.540 --> 01:00:18.540
 So I'll look at that and see if I can get a better understanding of it before next time.

01:00:18.540 --> 01:00:25.540
 -Are there any other things anybody wants to talk about in the moment?

01:00:25.540 --> 01:00:31.540
 -Could you just say business disclosures, 272C, question mark?

01:00:31.540 --> 01:00:36.540
 And we'll go and take it to TVA if -- I mean, we've got another meeting before.

01:00:36.540 --> 01:00:37.540
 -Right, yeah.

01:00:37.540 --> 01:00:48.540
 I think we'll do that one first and then -- if it seems like there's no way for this to actually do anything

01:00:48.540 --> 01:00:56.540
 with the red lines that you all are giving me direction to go forward with, I'll probably just strike it and include it.

01:00:56.540 --> 01:01:01.540
 And we can discuss that and then forward the packet of amendments second if that's fine.

01:01:01.540 --> 01:01:08.540
 And if not, we have the April and May meeting to readjust if that doesn't actually work.

01:01:08.540 --> 01:01:13.540
 Because it seems like we like where we're going with conflict of interest.

01:01:13.540 --> 01:01:22.540
 So if the business disclosures doesn't make sense anymore with that, then it's just that I didn't consider that when I was grabbing the red lines.

01:01:22.540 --> 01:01:28.540
 But we'll still have several more meetings if we need to to look at red lines before we forward those to the city council.

01:01:28.540 --> 01:01:29.540
 -Okay.

01:01:29.540 --> 01:01:36.540
 So let's see how the next meeting goes and then we'll decide if we need to add that to it.

01:01:36.540 --> 01:01:37.540
 Sounds good?

01:01:37.540 --> 01:01:39.540
 -Yes.

01:01:39.540 --> 01:01:47.540
 -Okay. Any other -- okay.

01:01:47.540 --> 01:01:52.540
 So we are at the end of our meeting.

01:01:52.540 --> 01:02:03.540
 So I say this meeting is adjourned at 630 -- 634 p.m.?

01:02:03.540 --> 01:02:04.540
 -So late.

01:02:04.540 --> 01:02:09.540
 -Okay. Thank you so much.

01:02:09.540 --> 01:02:10.540
 Good job, everybody.

