1
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 Welcome to this special call meeting of the Benton Board of Ethics. It's January 6th, 2025, 531 P.M.

2
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 And I call the meeting to order. There's three members here and we'll elect a presiding officer first.

3
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 What do you want me to do?

4
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 I'll move to elect Diane as the presiding officer.

5
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 No, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no.

6
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 I do appreciate that.

7
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 I'll move to make Kenneth Ferguson the presiding officer.

8
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 And I second that motion.

9
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 I think you have to vote.

10
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 I think you can say if there's no objection, then Kenneth Ferguson will serve as the chair.

11
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 Okay.

12
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 Let's call item number BOE 25-001.

13
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 And this is an ethics complaint number 25-003, filed on December 24, 2024, concerning allegations of the ethics ordinance, section 2-273.

14
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 And so as part of the process, the complaint gets submitted to me.

15
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 I determine if basically the form is filled out correctly, according to the chair who assigns the panel.

16
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 That's where we are currently, so you as the panel now determine if the complaint is actionable, baseless, or if there's an option to recommend the hearing preferability.

17
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 I'll pull up the definitions of what those mean, but that's the extent of what we're doing today.

18
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 Any questions about that?

19
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 This section of the ordinance has the information on what actionable and baseless means. I can zoom in.

20
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 I'm having a little trouble hearing you from over here.

21
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 Okay. So this meeting is just to determine if the complaint is actionable or baseless, which is defined on the slide.

22
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 Does that make sense?

23
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 Got it.

24
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 Can we talk now?

25
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 Yes, you can talk.

26
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 Well, I did read it all, and I did read the ethics complaint form, and something struck out at me unwarding.

27
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 And it said possible violation, which gave me great grief to wonder if there was a true violation or not.

28
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 Me personally, after reading this and understanding all this and reading all that, I do not think there was intent here.

29
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 I do not know the person, but I do think that -- I do not believe that there was intent to break the rules.

30
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 And the biggest thing for me was there was not enough information.

31
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 It is the mayor's job to give me and them as much information as we can.

32
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 And I was like, well, when did this happen? When did the roof get on? How much did the roof get on?

33
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 Were they getting the same deal as everybody else in the community?

34
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 And I just do not think there is enough information for me to make that decision based on this.

35
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 So I just do not think we should go forward on it, because they did not fulfill their responsibility.

36
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 They did not fulfill his responsibility to this committee to make sure they got all they needed before they made their decision.

37
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 Unless there is some other information out there I do not know about.

38
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 I think the only other information was the video, the link to the video, which -- there was a link to the work session video,

39
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 which I think that was the only other thing provided apart from the pictures of this.

40
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 You know, council people are human beings, and I understand what ethics is.

41
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 I have worked in it a long time, but they are human beings.

42
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 And sometimes they get an advantage -- they are not getting an advantage, but they get a discount, just like everybody else gets a discount.

43
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 And I do not think we should beat up council people to not allow them to have a life because they are council people.

44
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 There is no wonder nobody wants to ruin.

45
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 I just do not believe that this warrants us going forward.

46
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 I tend to agree.

47
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 I want to clarify.

48
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 This specifically is about Section E, the improper influence, correct?

49
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 Correct.

50
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 So it shall be a violation of this article for a city official to use such person's official title and position to secure privileges,

51
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 special privileges, or benefits for such person or others.

52
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 I would say that the deliberations was meant to get, if you want to call it, a benefit or a privilege for an entire section of the city,

53
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 population or residents, and not just one person.

54
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 That is where I want to go back to what we talked about before, that I do not think that the person got any special privileges through this,

55
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 because it is hoped that those rates would go toward everybody that has the same things.

56
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 I do not agree with you. I do not think that you should go forward with it.

57
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 It further states in Section E that those benefits go beyond that which is normally available to every other citizen.

58
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 Now, obviously, it is not available to every citizen, because it is a subsection of citizens who have the same setup,

59
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 but every citizen has the opportunity and the choice to get solar panels on their roof as well.

60
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 That is where I totally agree with you.

61
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 I mean, they have the right, as any other citizen, to receive what any other citizen would have an advantage in that.

62
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 So, I see nothing there that shows me, personally, that this is some kind of a violation.

63
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 I just do not think it is intent. I use that word, but when you talk about ethics, you have got to have an intent of doing something wrong.

64
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 I think we have a piece of paper here that says, "Possible Violation." Well, they do not even know if it is a violation.

65
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 So, I am going to agree totally with you that they have the right to have the same rights of other people

66
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 about what happens, their discounts and whatever, as long as the other people.

67
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 They cannot have special treatment. They cannot get special pricing. We all know that under the rules, but I just do not see this happening.

68
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 I think that I tend to agree that it is not baseless and not going to be actionable,

69
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 but I would like to just kind of come out and defend a little bit of our complainants here and that we are mandated to make these complaints.

70
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 And so, I do not think that we are faced with a malice complaint, or I do not like the word "baseless,"

71
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 but a complaint that was made in bad faith. I think this complaint was made by mandate to say, "Hey, is this possible?"

72
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 I do not know. It is possible. This is what happened. Go watch the video. See for yourself.

73
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 You all decide. That is your job. You are the Board of Ethics.

74
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 So, I do want to thank the Mayor for taking the time to write this out and present it to us and run it through the proper process,

75
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 as we, as city officials, are mandated to do under Section 272.

76
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 But yeah, I do tend to agree that it is not actionable.

77
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 The Mayor did what he had to do. He wrote up a complaint based on what it says he has to report.

78
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 Obviously, there is nothing to be taken. I would rather something be reported than not.

79
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 You know, I would rather fight in the butt right away than have it grow. Based on all the information, I think we are together on this.

80
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 So, I want to make a motion. I'll make a motion that we move to that this is not an actionable complaint.

81
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 Second? I'm sorry. We have a second from Diane.

82
00:11:01,000 --> 00:11:08,000
 Okay. With that, the motion passes. And this is a baseless complaint.

83
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 Well, I think the motion was not actionable. And then...

84
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 I did repeat it differently. You are correct.

85
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 So the baseless is something you could consider now if you wanted to.

86
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 I'm sorry. So the action was that it was not actionable?

87
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 Not actionable, yeah.

88
00:11:31,000 --> 00:11:37,000
 Okay. Do we have a motion as to whether this is a baseless complaint or not?

89
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 I think the next step is frivolity. Because you find either actionable or baseless.

90
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 And then the next step is...

91
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 I think once you find it's not actionable, you can't determine frivolity. You would do that rest.

92
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 So it's not actionable, but that doesn't mean it's baseless? Should we determine it's baseless?

93
00:12:24,000 --> 00:12:28,000
 Or should we make a motion about that?

94
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 If it's not actionable, there's no movement on it, right? Correct? Yeah.

95
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 I think not actionable and baseless are one and the same thing.

96
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 Yes. Based on that language, I would agree. If it's not actionable, therefore it's baseless, right?

97
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 Yeah.

98
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 So now we need to decide if it's going to be...if it was...

99
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 Frivolous?

100
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 It's frivolous. Now, is that a separate committee that determines the frivolity or is that on us?

101
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 You can determine if the full board should determine if it was frivolous or just let it go.

102
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 Okay, yes. It goes to the full board.

103
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 Right. If you wanted to have a hearing on frivolity, that would go to the full board.

104
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 Or you could just say it's baseless and that's it.

105
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 I'd like to move to say that it is baseless and that it dies here.

106
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 You're moving it as baseless?

107
00:13:28,000 --> 00:13:29,000
 Yes.

108
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 I would second that.

109
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 Okay.

110
00:13:32,000 --> 00:13:44,000
 Can I ask a quick question before we move on with frivolity? I would like to find out...can we discuss previous complaints related to this?

111
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 If you're discussing frivolity, you can discuss things outside of the complaint. So yes.

112
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 Okay.

113
00:13:50,000 --> 00:13:56,000
 And then I can scroll down to the frivolity part of this. These are the...

114
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 So when you...

115
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 Well, we have a motion.

116
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 Yeah, there's still a motion for baseless on the board.

117
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 And we have a second, so now we need to call a vote. So all opposed?

118
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 Well, I think we have to vote then, right?

119
00:14:08,000 --> 00:14:09,000
 Then we would have to vote.

120
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 You have a motion. I second that we have to open to voting.

121
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 I'm a little concerned because we didn't really discuss the frivolity.

122
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 The what?

123
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 We did not really discuss if there was frivolity or not. We just moved ahead with the motion.

124
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 So can we lay the motion on the table? I am not a certified parliamentarian.

125
00:14:31,000 --> 00:14:40,000
 So I think it says before filing notification of your determination. So if you decided it's not actionable,

126
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 your motion is now to also determine whether it's baseless or not.

127
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 If it's...you determine it's baseless, then I believe you move to the frivolity, don't you?

128
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 Are there other procedures?

129
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 Oh yes, Rich.

130
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 It says clearly out there, baseless complaint shall be dismissed.

131
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 Well, it says if the panel determines the complaint is not actionable,

132
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 does not recommend a frivolity hearing the complaint is baseless and is dismissed.

133
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 So I don't know if you have to make a separate determination on baseless.

134
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 If you made the determination on not actionable,

135
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 the next determination is to whether the allegations will not constitute a violation

136
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 and should be dismissed for whether you want to recommend a frivolity hearing.

137
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 So the choice is, do you want to recommend that it's frivolous?

138
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 But wouldn't you have a hearing on that?

139
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 In order to determine it was frivolous, they would recommend that we have a hearing to do that.

140
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 Yes.

141
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 So they wouldn't determine that it was, just that...

142
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 They would move forward to the whole forward.

143
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 But this was based on this complaint, not complaints of the past.

144
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 That's why I asked if that can be discussed as part of the...

145
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 I think you just look at this particular...

146
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 Okay, then that's it. Then I will go with that.

147
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 Then I will go along with the motion. I don't have an issue with it.

148
00:16:50,000 --> 00:16:51,000
 Okay.

149
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 I'm dismissing it.

150
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 All voting...

151
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 All votes in the affirmative, say aye.

152
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 What did you say?

153
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 All in the affirmative, say aye.

154
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 Aye.

155
00:17:09,000 --> 00:17:18,000
 Okay, with that, the motion passes unanimously.

156
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 I think that we're done.

157
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 I promise I will pick this stuff up, guys. I will learn it.

158
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 I just want to check without a yeah.

159
00:17:27,000 --> 00:17:30,000
 Yeah, I think that they determined it's not actionable.

160
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 They don't recommend the frivolity hearing the complaints baseless, because they made a motion that it was baseless.

161
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 And it's dispensed under number eight of the ethics complaint preliminary assessment process.

162
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 So then we'll just close the meeting at the time.

163
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 That concludes the meeting at 5.49 p.m.

164
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 And we're adjourned.

165
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 And we're adjourned.