WEBVTT

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 It's 5.30 p.m. and it is Monday, March 4th, 2024.

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 And this is the City of Denton Board of Ethics.

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 And I don't -- do we have any B comments

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 or presentations from the public?

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 >> Not that I saw.

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 >> Okay. So we will move on to two items for consideration.

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 So BOE24-011, consider approval of minutes

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 for February 5th and February 8th, 2024.

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 So do I hear a motion?

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 >> I have a motion to accept the minutes as presented.

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 >> So Andrea Eberhardt has made a motion to accept the minutes.

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 >> I'll second.

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 >> And Dustin Howlett's second.

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 >> So all in favor of accepting the minutes as --

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 >> All right.

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 >> So we will move on to --

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 do we need to look at the draft advisory opinion or?

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 >> No, the advisory opinion?

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 >> Right.

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 >> That's been republished.

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 It's just in there as an FYI and that's a later item.

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 I think we're on the proposed -- the draft red lines.

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 >> Okay. So BOE24-012, receive a report, hold a discussion

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 and give staff direction regarding draft red lines

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 of the potential proposed amendments from the Board

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 of Ethics to one, repeal and replace ethics ordinance section

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 2-273A, conflicts of interest, and two,

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 eliminate section 2-281C for evidentiary hearing procedures

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 to reflect the elimination of the requirement

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 of the complainant to testify in evidentiary hearing.

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 So I guess we'll look at -- I guess just the red line ordinance.

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 >> Right. So we discussed all of this last time.

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 I made the changes that you all directed me to

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 and then I also updated this disclosure section

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 which I missed last time.

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 Basically I just removed it because it really --

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 I think it's generally covered by the updated language

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 and then it has this reference to pending matter

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 which is not really applicable anymore

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 under the draft red lines.

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 And then the only other thing I wanted to point

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 out is there's this section on city officials with contracts.

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 That's not currently in the ordinance and it's just language

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 from the model code that we haven't really discussed.

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 So I wanted to make sure we did

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 that before we forwarded it to the city council.

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 Those are kind of the major differences from last time.

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 >> I did want to say I would really not like to introduce --

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 other than what we're talking about right now --

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 don't want to introduce new things because I would

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 like to be able to say we have approved this

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 and there you go city council.

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 When are you going to -- when are you going to look at it?

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 So I don't mean to cut anybody's voice off.

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 There are certainly things I could tweak.

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 But I want to say we're done.

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 There you go.

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 And I think if we keep tweaking it, then we're going

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 to give reasons to wait longer.

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 So that said, I'll shut everybody down.

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 I hope not.

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 I love you not saying this and not saying anything.

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 >> I'm not going to say anything that's terrific.

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 >> More than this last time.

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 I'm 100% happy with where we're at and I'm looking forward

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 to the council unanimously approving this.

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 >> Me too.

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 Me too.

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 >> So any -- no concerns about the changes to this cycle

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 up here that basically got eliminated?

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 >> Andrew?

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 >> Nope. Because like you said, that's covered by the language

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 that we adopted last time.

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 >> Okay. And then we did update substantial --

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 add substantial here as we discussed,

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 as there was direction to do last time.

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 And then any discussion about this contract section?

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 It seems like it might be sort of covered by all the rest

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 of the withdrawal pieces.

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 So I don't know that it needs to be in there.

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 >> I don't think that was our intent.

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 Sorry.

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 >> You mean to omit that?

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 >> To omit it.

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 >> Yeah. I'm good with it as written.

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 >> So do we need a motion here?

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 >> I don't think so because there's not really any direction

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 you're giving me to adjust this language.

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 You're telling me there is direction

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 to remove this contract section,

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 but you never really gave me direction to add it,

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 so I don't think so.

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 >> I appreciate your transparency, but --

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 >> And then -- and then I think the only motion we really need is

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 to forward the proposed amendments to council,

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 which is really the next item, so.

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 >> Okay. So we move on to --

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 >> Do we need to talk about the rule and procedure part?

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 >> You -- so y'all discussed

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 that originally in October last year.

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 I know a while ago at this point.

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 But you're certainly welcome to discuss that again

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 if you would like to.

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 >> I don't have anything to add.

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 I just know that it was on the --

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 it was in that item in the agenda, so.

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 >> It was exhibit 30.

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 >> Yeah. And it's really updated to kind of reflect the change

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 to removing the burden of proof requirements,

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 and so allowing the complainant to choose whether

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 or not they would like to testify.

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 >> I don't have any comments on that.

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 I think it is exactly what we have.

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 >> Were we planning to include that in the packet

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 with these other two items, because --

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 >> So that is the second item.

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 It's -- yeah.

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 >> I was -- okay, so.

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 >> You can certainly give direction to only do one

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 of them if you would like to.

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 I think originally that was the plan.

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 >> So is everybody okay with the rules and procedure?

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 Yeah, that was -- I've slept many times since we approved that.

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 So, okay, so.

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 >> No, I feel the same way.

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 We've discussed it.

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 >> Forward march.

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 So do -- we've already moved on everything.

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 We didn't change anything tonight.

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 So, okay.

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 >> Yeah, so then the next item would be

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 to actually forward these proposals

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 to the city council, eventually.

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 >> Yes.

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 >> Yes.

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 >> I moved them before the red line.

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 >> I think we have to read that item first before --

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 >> Oh, I'm sorry.

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 >> Oh, okay.

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 >> Sorry. They're separate, to make it clear.

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 >> Exhibit three, rule --

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 >> These are the items.

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 >> Yeah, item C, DOE 24-013, receive a report,

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 hold a discussion, and take necessary action regarding

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 forwarding proposals to amend city of Denton code

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 of ordinances chapter two, article 11, ethics,

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 and the board of ethics rules of procedure to the city council.

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 Exhibit one would be the agenda information sheet,

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 and then the exhibit two is a letter of proposed amendments.

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 >> Yeah, so the draft letter, I can pull it up in a second.

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 The options are really to forward it to council

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 as it's presented, forward it as amended,

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 based on your discussion, or just to put it

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 on next meeting's agenda, as well,

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 based on direction that you do.

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 >> Do I hear a motion?

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 >> I'll make a motion that we forward to council for approval

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 as written today, the written lines.

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 >> I'll second that.

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 >> Okay. Andrea seconded, Dustin made the motion.

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 Any discussion?

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 Okay. All in favor?

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 >> Aye.

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 >> It's unanimous.

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 Okay. So item D, BOE 24-014, receiver report,

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 holds a discussion and gives staff direction regarding the

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 definition of complainant as it relates to the city

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 of Denton code of ordinances,

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 chapter two, article 11, ethics.

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 So I have nothing prepared for this.

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 This was, I believe I was given direction to put this

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 on the agenda, and this was specifically something I know

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 members, core members over there wanted to discuss.

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 He was unable to be here tonight, so.

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 >> So.

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 >> Should we table it so we can attend?

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 >> I would suggest we table that to our next meeting.

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 >> It's a very entertaining definition

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 because it calls the complainant human, but I looked

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 at the legal definition that doesn't mention the humans.

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 >> I think his concern was whether or not it had

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 to be an individual or this could be a group

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 or something like that, but I don't want to speak for him,

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 and I think it would make sense to table it.

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 >> To our next meeting.

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 [ Inaudible ]

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 >> I don't have a problem to table it,

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 but I think there is a rule about, because I tried

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 to table something like that, and the lawyer was saying.

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 >> I don't know what the rule is.

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 >> I have a rule about it of not being able

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 to bring it back up if we table it.

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 Some, there was something.

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 >> Okay, so we had, there is some parliamentary language.

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 >> Yeah, there's a parliamentary language

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 that makes it when we say table it.

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 >> Okay.

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 >> I'm glad you, I know there's some kind

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 of weird language for that.

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 >> Yeah, so it's just the way Robert's rule is written.

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 So when you say you lay it on the table, you're adding it

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 to be debated, but you're moving to postpone the item.

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 >> Yes, exactly.

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 >> So we have to move to postpone.

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 >> Yeah, okay.

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 >> I'll move that we postpone this agenda item

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 to a future meeting.

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 >> And I'll second that.

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 >> Andrea seconded that, okay.

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 >> I think we have time for one.

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 >> All in favor?

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 >> Aye.

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 >> So, so now we are at item E, new investment reports.

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 So I guess.

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 Yeah, so you requested last time that I provide information

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 about council candidate filing, or sorry,

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 financial campaign information.

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 That letter is provided, the city secretary's office provided

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 that to me, so I included that just for your reference.

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 And then the, in February we issued advisory opinion 24-001.

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 It's already been issued, it's just as an FYI basically.

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 And then in case you want to give direction based

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 on what was decided or anything.

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 For our prior to the item, sorry.

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 I can pull up the letter or the advisory opinion if you would like.

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 >> What do you, what's your pleasure?

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 >> It's really if you have anything you would

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 like to discuss, we don't have to do anything.

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 Just for informational purposes.

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 >> I read over it in the final minute, but I need to hear.

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 I guess, I guess it needs to be a motion for this.

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 >> It doesn't have to be a motion.

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 >> Oh, okay.

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 Anybody have any, any problems with just moving on or.

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 >> Did you want to talk more about the finance stuff?

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 >> It wouldn't be, we wouldn't be able

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 to change the advisory opinion, right?

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 Because that panel was, that panel had the,

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 had the facts in front of them, and they made the decision.

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 And so, is this the one that you and I did?

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 Is that, okay.

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 >> Do you agree with your decision?

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 >> I do agree with my decision.

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 >> Then we're good.

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 >> Sometimes things come up that we're like, oh,

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 we may need to look at the code in this section.

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 So that's why, you know, make sure you all are aware

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 when advisory opinions are issued, what they say, you know.

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 >> This is a confusing question.

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 >> That's, that was the only thing is like I was just curious

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 about the question just because, but I don't think

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 that there needs to be any conversation about it because.

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 >> No, it's a confusing question.

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 And I think you guys did a good job.

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 >> Thank you.

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 >> We move on.

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 Well, we are clipping right through.

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 We are now to our last agenda item.

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 >> So it's meeting we've had in a while.

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 [ Laughter ]

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 >> DOE 24-016, receive a report, hold a discussion,

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 and give staff direction regarding future meeting topics.

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 >> So if you look at the post, I guess you can pull that up.

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 >> I like this sheet better, but this one has all the options

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 that we discussed discussing at some point.

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 And then I guess you postponed this to the definition

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 of complainant will come back next meeting.

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 And then we currently don't have anything else on the agenda

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 that you've given direction to discuss.

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 >> I would like to suggest that we maybe not meet next April

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 because I don't know, I mean this April or the next meeting

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 or maybe not in May because I want to hear a response

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 from city council first and I don't know why we're going

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 to keep trying to turn on all these things that we're interested

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 in changing without hearing.

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 >> You think?

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 >> Yeah.

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 >> Another decision.

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 >> The one thing that I'm concerned about if we're not

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 meeting, if we're not meeting in April or May,

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 that that may throw us off in terms of our meetings

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 for the summer because I think it will be a whole lot more

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 difficult for people with traveling in June and July.

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 So that would be my concern,

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 especially since we have the definition of complainant.

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 We have 30 minutes on there.

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 So I would say when is the next city council meeting?

00:15:43.420 --> 00:15:45.040
 When will this be presented?

00:15:45.040 --> 00:15:47.620
 >> This will be presented June 4th.

00:15:47.620 --> 00:15:49.560
 So there will actually be three meetings

00:15:49.560 --> 00:15:51.460
 of the board before that is discussed.

00:15:51.460 --> 00:15:53.160
 >> Right.

00:15:53.160 --> 00:15:55.460
 >> Or that I said a little bit.

00:15:55.460 --> 00:15:58.960
 >> I guess my feeling is just that the last time we brought

00:15:58.960 --> 00:16:04.800
 up some very minor changes, it just got mowed down.

00:16:04.800 --> 00:16:09.300
 And so now we're talking about something kind of big and --

00:16:09.300 --> 00:16:13.680
 >> I show you a concern.

00:16:13.680 --> 00:16:14.480
 >> Yeah.

00:16:14.480 --> 00:16:15.980
 >> Yeah. But I would --

00:16:15.980 --> 00:16:18.740
 I think that since it is only the three of us today

00:16:18.740 --> 00:16:23.580
 or four of us, maybe we should keep the April meeting

00:16:23.580 --> 00:16:27.320
 and move that definition of complainant

00:16:27.320 --> 00:16:31.820
 and then see if we need to meet in May.

00:16:31.820 --> 00:16:33.500
 >> What do you guys think?

00:16:33.500 --> 00:16:38.740
 >> And is that the one that Zoltman wanted to talk about?

00:16:38.740 --> 00:16:40.300
 Okay. And so if he comes next time,

00:16:40.300 --> 00:16:45.140
 he'll get his chance to talk about that.

00:16:45.140 --> 00:16:49.120
 >> So we just -- and I think if we're still feeling this way,

00:16:49.120 --> 00:16:53.520
 next month and we still haven't gotten any kind of response

00:16:53.520 --> 00:16:58.920
 under the apparent delay, then maybe we cancel May.

00:16:58.920 --> 00:17:02.320
 >> So we're not going to get a response before June 4th

00:17:02.320 --> 00:17:03.560
 because that's when it's scheduled

00:17:03.560 --> 00:17:04.800
 on the work session agenda.

00:17:04.800 --> 00:17:06.420
 That's not really a decision council made.

00:17:06.420 --> 00:17:10.760
 That's a decision based on the time available at work sessions.

00:17:10.760 --> 00:17:15.900
 >> I just think this is really important

00:17:15.900 --> 00:17:18.100
 and I don't know why they couldn't add it

00:17:18.100 --> 00:17:21.500
 to something sooner than that.

00:17:21.500 --> 00:17:26.680
 >> So I guess the question is do we want to have at least one

00:17:26.680 --> 00:17:28.180
 of the April or May meetings

00:17:28.180 --> 00:17:31.880
 so we can do the definition of complainant?

00:17:31.880 --> 00:17:36.260
 >> April would be better to have them in skip May rather

00:17:36.260 --> 00:17:37.720
 than vice versa, right?

00:17:37.720 --> 00:17:38.560
 >> True.

00:17:38.560 --> 00:17:39.900
 >> I mean if we meet in --

00:17:39.900 --> 00:17:41.860
 if we have our normally scheduled meeting in June,

00:17:41.860 --> 00:17:43.460
 that would be after the --

00:17:43.460 --> 00:17:45.200
 >> No, it will be the day before.

00:17:45.200 --> 00:17:46.500
 >> It will be the day before.

00:17:46.500 --> 00:17:49.060
 >> So the next meeting will be July if we wait until --

00:17:49.060 --> 00:17:52.240
 >> And typically we have not met in July.

00:17:52.240 --> 00:17:53.340
 >> Correct.

00:17:53.340 --> 00:17:56.780
 >> Because that is usually right around July 4th

00:17:56.780 --> 00:17:58.900
 so we typically have not met in July.

00:17:58.900 --> 00:18:00.620
 >> Well, the city council is going

00:18:00.620 --> 00:18:02.980
 to unanimously approve our changes

00:18:02.980 --> 00:18:06.180
 so there probably won't be any need to meet, right?

00:18:06.180 --> 00:18:07.480
 >> That's a really good point.

00:18:07.480 --> 00:18:10.460
 >> We'll use the June meeting for a pep rally before this.

00:18:10.460 --> 00:18:14.700
 [ Laughter ]

00:18:14.700 --> 00:18:16.560
 >> It's like when the kids take STAAR tests

00:18:16.560 --> 00:18:19.940
 and have a pep rally on the day before.

00:18:19.940 --> 00:18:24.940
 >> I would like to propose that we have an April meeting

00:18:24.940 --> 00:18:26.740
 and do the definition of complainant.

00:18:26.740 --> 00:18:29.640
 >> Okay. And then we can revisit this issue --

00:18:29.640 --> 00:18:31.840
 >> Because I would like to feel like we're doing something --

00:18:31.840 --> 00:18:32.980
 >> Yeah.

00:18:32.980 --> 00:18:34.620
 >> Instead of kind of having three months where we're --

00:18:34.620 --> 00:18:35.880
 >> Yes.

00:18:35.880 --> 00:18:40.460
 >> Waiting around on the scheduling challenges.

00:18:40.460 --> 00:18:43.720
 >> So the April meeting is on April, is it?

00:18:43.720 --> 00:18:46.060
 >> I believe it's on April 1st.

00:18:46.060 --> 00:18:51.320
 That's the first Monday of April, so.

00:18:51.320 --> 00:18:54.700
 >> Okay. And then the May meeting is?

00:18:54.700 --> 00:18:56.140
 >> The 13th.

00:18:56.140 --> 00:18:58.840
 >> Because I will be out of town on the first Monday,

00:18:58.840 --> 00:19:00.840
 which is the 6th.

00:19:00.840 --> 00:19:04.340
 >> Oh, I have a problem with the 13th.

00:19:04.340 --> 00:19:05.300
 >> May 13th?

00:19:05.300 --> 00:19:06.380
 >> Yeah.

00:19:06.380 --> 00:19:09.780
 >> Well, we might skip that one, right?

00:19:09.780 --> 00:19:11.580
 >> That would help me, but --

00:19:11.580 --> 00:19:14.880
 >> Well, we can decide to skip the May meeting in April.

00:19:14.880 --> 00:19:16.160
 >> Yes.

00:19:16.160 --> 00:19:18.160
 >> If we're meeting, we can decide it.

00:19:18.160 --> 00:19:20.660
 >> Okay. Did you say that the May meeting would be on the --

00:19:20.660 --> 00:19:22.020
 >> The 13th, correct.

00:19:22.020 --> 00:19:23.600
 >> So we're moving that one?

00:19:23.600 --> 00:19:25.000
 >> Yes. I will be out of town on the 6th.

00:19:25.000 --> 00:19:26.400
 >> Okay. I already -- you --

00:19:26.400 --> 00:19:28.300
 >> Unfortunately, no one else is able to do this.

00:19:28.300 --> 00:19:30.500
 >> No, you told us -- you told us about this

00:19:30.500 --> 00:19:32.200
 because I already changed my schedule.

00:19:32.200 --> 00:19:33.500
 >> I remember that too.

00:19:33.500 --> 00:19:34.800
 >> Thank you.

00:19:34.800 --> 00:19:43.080
 >> So the direction is to meet in April

00:19:43.080 --> 00:19:47.280
 as scheduled with the definition of the planet being the only

00:19:47.280 --> 00:19:48.620
 thing on the agenda at this time,

00:19:48.620 --> 00:19:50.820
 besides the normal things.

00:19:50.820 --> 00:19:51.520
 >> Yeah.

00:19:51.520 --> 00:19:54.060
 >> All right.

00:19:54.060 --> 00:19:57.500
 >> Anything else for this agenda item?

00:19:57.500 --> 00:20:07.600
 Any other topics you want to put into April?

00:20:07.600 --> 00:20:09.180
 Not at this time.

00:20:09.180 --> 00:20:10.680
 >> I don't have anything.

00:20:10.680 --> 00:20:19.020
 >> Okay. Well, then, it is now 5:50 p.m.

00:20:19.020 --> 00:20:21.480
 and this meeting is adjourned.

