1 00:00:00,000 --> 00:00:11,360 Welcome, everybody, to this specially called panel meeting of the Board of Ethics. 2 00:00:11,360 --> 00:00:16,140 President of this meeting is myself, Laura Tomlin, chair of the Board of Ethics. 3 00:00:16,140 --> 00:00:20,500 We have Madison from the auditor's office. 4 00:00:20,500 --> 00:00:25,820 The rest of the panel consists of Annetta Ramsey and Bob Swanbeck, and we also have 5 00:00:25,820 --> 00:00:35,640 Ian Duthloff from the Allen Berkowitz firm as special counsel, because since this involves 6 00:00:35,640 --> 00:00:42,880 a city council member, we have determined in the past that the city attorney has a conflict 7 00:00:42,880 --> 00:00:48,660 of interest since he represents the council person, and as far as representing the council 8 00:00:48,660 --> 00:00:54,320 person and giving advice to the Board of Ethics, so he's here for any support that we need. 9 00:00:54,320 --> 00:00:57,120 We'll jump right into it. 10 00:00:57,120 --> 00:01:02,760 Everyone is present, and I'll share my screen. 11 00:01:02,760 --> 00:01:12,160 Today, the item for your consideration is the Board of Ethics 20-011, and it's a request 12 00:01:12,160 --> 00:01:20,240 for an advisory opinion, number 20-001, received June 22, 2020, from council member Paul Meltzer, 13 00:01:20,240 --> 00:01:28,440 concerning potential pending matters, conflict of interest applicability, and recusal recommendations. 14 00:01:28,440 --> 00:01:34,800 Under 2-278 of the Board of Ethics, a three-person panel shall meet, which we are, and give an 15 00:01:34,800 --> 00:01:39,480 opinion within 30 days for advisory opinion. 16 00:01:39,480 --> 00:01:56,360 We'll go to the request. 17 00:01:56,360 --> 00:02:01,720 Council member Meltzer had stated that he owns the property, and there's a development 18 00:02:01,720 --> 00:02:07,640 being proposed at the corner of Bonnie Brann and West Oak Street, which is within 200 feet 19 00:02:07,640 --> 00:02:15,080 of his property, the development at that Bonnie Brann Oak Street requires a zoning change, 20 00:02:15,080 --> 00:02:19,240 and he wants an advisory opinion of whether there's a conflict of interest, according 21 00:02:19,240 --> 00:02:23,720 to the ordinance, that should compel him to recuse on matters pertaining to the development, 22 00:02:23,720 --> 00:02:28,800 and he also sent a second email adding that he has no family or other relationship to 23 00:02:28,800 --> 00:02:33,400 the development, just the proximity to the property. 24 00:02:33,400 --> 00:02:42,000 So I'll just head right over to, hurry, my toddler just busted in the door, a little 25 00:02:42,000 --> 00:02:43,000 distracted. 26 00:02:43,000 --> 00:02:45,480 Theodore, Theodore, go with Dada. 27 00:02:45,480 --> 00:02:47,440 Okay, sorry. 28 00:02:47,440 --> 00:02:59,940 Okay, so going over to the ethics ordinance, section 2-273 has prohibitions, section, or 29 00:02:59,940 --> 00:03:05,840 subsection A is conflict of interest, and subsection 3 defines conflict of interest, 30 00:03:05,840 --> 00:03:10,800 and conflict of interest includes a stake share, actual interest, or involvement in 31 00:03:10,800 --> 00:03:18,080 an undertaking in the form of any one of the following, and it lists six ways, including 32 00:03:18,080 --> 00:03:24,440 ownership of 5% of voting shares or in a business entity received of more than $600 from a business 33 00:03:24,440 --> 00:03:29,240 entity, ownership of more than $600 of the spare market of a business entity, ownership 34 00:03:29,240 --> 00:03:35,440 and real property of $600 or more, serving on the board of directors of the business 35 00:03:35,440 --> 00:03:43,280 entity, and serving on the board of directors of a nonprofit. 36 00:03:43,280 --> 00:03:49,840 And the board of ethics has looked at something similar, the first three complaints, we had 37 00:03:49,840 --> 00:03:58,960 18-001, 18-002, and 18-003, and there were three panels comprised of myself, councilmember 38 00:03:58,960 --> 00:04:03,640 Jesse Davis, Dr. David Zoltner, and Kerry McDaniels, and there was a little bit of a 39 00:04:03,640 --> 00:04:09,440 different complaint, but it was about voting on developments when a council member owns 40 00:04:09,440 --> 00:04:15,280 nearby property, and those three complaints were all found baseless. 41 00:04:15,280 --> 00:04:24,400 So my reading of 2-273A is that Paul Meltzer would not have to recuse, and there's not 42 00:04:24,400 --> 00:04:29,520 a conflict of interest because he has said he does not own the development and only owns 43 00:04:29,520 --> 00:04:35,660 the land near it, so he's kind of in the place of like any other council member or constituent 44 00:04:35,660 --> 00:04:40,460 that owns property somewhere in the city, he doesn't own that specific property or part 45 00:04:40,460 --> 00:04:42,240 of that specific corporation. 46 00:04:42,240 --> 00:04:51,400 So I find there's no reason to recuse, and so if Bob and Annetta, I guess, I don't know 47 00:04:51,400 --> 00:04:52,400 if you're muting yourself. 48 00:04:52,400 --> 00:04:56,640 I find there's no reason either, yeah. 49 00:04:56,640 --> 00:05:01,280 I do have a question to clarify. 50 00:05:01,280 --> 00:05:09,600 Under number D, it says ownership in real property with a fair market value of more 51 00:05:09,600 --> 00:05:17,960 than $600, would that have to be the property that is being developed or is that his property? 52 00:05:17,960 --> 00:05:21,880 My reading is that it would be the property that's being developed because that's what 53 00:05:21,880 --> 00:05:23,240 they're voting on. 54 00:05:23,240 --> 00:05:28,440 They're voting on that specific property that's being developed at that corner, not 55 00:05:28,440 --> 00:05:31,680 on his property. 56 00:05:31,680 --> 00:05:35,600 And I think that's how we've interpreted it in the past, like I said, in those first three 57 00:05:35,600 --> 00:05:36,600 complaints. 58 00:05:36,600 --> 00:05:45,040 They were a little bit different than this, but kind of touched on some of the same things. 59 00:05:45,040 --> 00:05:47,640 Any other comments? 60 00:05:47,640 --> 00:05:53,360 I had started, let's see if I can bring it up, I had started an opinion. 61 00:05:53,360 --> 00:06:00,240 Let me share my screen. 62 00:06:00,240 --> 00:06:13,760 I had started an opinion to council member Paul Meltzer, advisory opinion 20-001, a three-member 63 00:06:13,760 --> 00:06:19,160 panel convened on July 7th, 2020, to deliberate on your requested advisory opinion. 64 00:06:19,160 --> 00:06:24,760 Oh, it should be, I don't know how, I actually copied this from a previous one I had written 65 00:06:24,760 --> 00:06:26,560 last year, I guess. 66 00:06:26,560 --> 00:06:31,400 20-001, the panel determined you do not have a conflict of interest under 2-273(a)(3), 67 00:06:31,400 --> 00:06:36,320 since you do not have a stake share, equitable interest or involvement in the development 68 00:06:36,320 --> 00:06:43,240 near your property under 2-273(a)(3), a through F, which is the conflict of interest definitions 69 00:06:43,240 --> 00:06:48,480 I just read, we just looked at, and thus you are not required to recuse yourself on matters 70 00:06:48,480 --> 00:06:55,760 pertaining to the development, and then I would just sign it with my name. 71 00:06:55,760 --> 00:06:59,360 I don't know what y'all think of that, if I need to bring it back up or if that sounds 72 00:06:59,360 --> 00:07:00,360 good. 73 00:07:00,360 --> 00:07:04,760 I totally agree with it, except there's a typo on the last time you say recuse. 74 00:07:04,760 --> 00:07:13,160 Let me, I'll bring that back up, yeah, sorry, okay, oh, recuse, you're not required to 75 00:07:13,160 --> 00:07:18,160 recuse yourself, yeah, thank you. 76 00:07:18,160 --> 00:07:21,880 Any other thoughts, or if y'all are okay with sending that? 77 00:07:21,880 --> 00:07:24,680 I buy it. 78 00:07:24,680 --> 00:07:32,360 Okay, and then, and any thoughts from Mr. Seusslopp? 79 00:07:32,360 --> 00:07:39,000 Well, I would, yeah, yeah, no, Seusslopp is good. 80 00:07:39,000 --> 00:07:46,520 The rule, section 2-273, it uses the term conflicting interest, and so just for consistency 81 00:07:46,520 --> 00:07:52,960 and the use of terms, I would use that term conflicting interest. 82 00:07:52,960 --> 00:08:05,040 Okay, yeah, determining you don't have a conflicting interest, okay, let's see, okay, I just mentioned 83 00:08:05,040 --> 00:08:14,680 it once in that letter, okay, well, I think, let me, I think that covers it as far as our 84 00:08:14,680 --> 00:08:20,560 agenda item, and we'll send that letter, I'll get that to Madison, and is there anything 85 00:08:20,560 --> 00:08:22,480 else, Madison? 86 00:08:22,480 --> 00:08:27,240 I just wanted to see logistically how, I guess you'll send me the letter and I'll send it 87 00:08:27,240 --> 00:08:30,280 to Councilmember Meltzer, is that how we've done it in the past? 88 00:08:30,280 --> 00:08:37,080 That's how we've done in the past, and you can stick the City of Denton, you know, header 89 00:08:37,080 --> 00:08:40,960 on their logo, and yeah, that's how we've done it in the past. 90 00:08:40,960 --> 00:08:44,600 We can talk offline if we want to change that in any way, I think. 91 00:08:44,600 --> 00:08:46,680 Okay, yeah, that sounds good to me. 92 00:08:46,680 --> 00:08:52,960 All right, well, I guess I will, we'll adjourn the meeting, short and sweet, thanks for everybody 93 00:08:52,960 --> 00:09:01,240 looking at the information beforehand, and showing up today, and speaking about the issue. 94 00:09:01,240 --> 00:09:02,240 That was painless. 95 00:09:02,240 --> 00:09:09,320 Yeah, some of them are, some of them not so much, all right, thank you, everyone, have 96 00:09:09,320 --> 00:09:10,320 a good day. 97 00:09:10,320 --> 00:09:11,320 Thank you. 98 00:09:11,320 --> 00:09:12,320 Thank you. 99 00:09:12,320 --> 00:09:12,320 Stay safe.