[00:00:02]
06:00. WE'LL CALL THE JOINT WORK SESSION FOR THE CITY COUNCIL ETHICS REVIEW COMMISSION TO[1. CALL SESSION TO ORDER]
ORDER. WE'LL START WITH THE ROLL CALL FOR THE CITY COUNCIL.COUNCILMAN THOMPSON. COUNCILMAN MORRIS HERE.
COUNCILOR. PORTERFIELD HERE. COUNCILOR. KING HERE.
LORI IS NOT HERE. AND CHARLES WARNER IS NOT HERE.
AND I AM HERE. CHARLES STEWART, THE CHAIR. OKAY.
FIRST ITEM WE HAVE IS THREE ONE JOINT WORK SESSION WITH ETHICS REVIEW COMMISSION.
[Items 3.1 & 3.2]
SO WHAT WE WANT TO DO IS GIVE YOU AN OVERVIEW OF WHAT WE'VE ACCOMPLISHED SINCE WE'VE BEEN ABLE TO MEET. SO SOME OF YOU MAY OR MAY NOT KNOW THE HISTORY OF ETHICS.SO SOME OF US HAVE BEEN APPOINTED TO THIS POSITION AND NEVER GOT A CHANCE TO MEET BECAUSE QUORUM DIDN'T HAPPEN FOR YEARS, IS MY UNDERSTANDING.
AND SO SINCE THE JANUARY TIME FRAME, THE ETHICS COMMISSION, WE'VE HAD A QUORUM. AND WE FIRST STARTED WITH OUR CITY ATTORNEY GOING OVER WHAT ETHICS ACTUALLY IS. AND SO HELPING US UNDERSTAND WHAT'S WITHIN OUR PURVIEW, WHAT APPLIES WHAT DOESN'T, THAT TYPE OF THING.
AND SO I CAN, IF YOU ALL WANT.
SORRY, BUT IF Y'ALL WANT TO SEE THIS, YOU'RE MORE THAN WELCOME TO SEE IT.
SO AFTER THAT, WE JUST WE STARTED TO ALSO IDENTIFY HOW OFTEN ARE WE GOING TO MEET.
SO CITY CHARTER REQUIRES US TO MEET YEARLY.
WE DECIDED AS A COMMISSION THAT WE NEED TO REALLY GET INTO THE MEAT OF ETHICS AND WHAT IT IS AND THE REQUIREMENTS THAT WE HAVE TO LOOK AT OUR ORDINANCES AND THAT TYPE OF THING. AND MEETING ONCE A YEAR, WE WERE NOT GOING TO BE ABLE TO ACCOMPLISH THAT. SO WE DECIDED WE'RE GOING TO FOR NOW, WE'RE GOING TO MEET EVERY MONTH, BUT WE WILL HAVE REOCCURRING RECURRING SCHEDULED MEETINGS QUARTERLY.
AND SO WE'VE BEEN MEETING EVERY SINGLE MONTH SINCE JANUARY, AND WE HAVE BEEN REVIEWING INITIALLY OUR CITY ORDINANCES RELATED TO THE ETHICS COMMISSION.
AND IN ADDITION TO THAT, WE WERE LOOKING AT THE COMPLAINT FORM THAT A PERSON CAN SUBMIT IF THEY HAVE A COMPLAINT THAT COMES TO THE ETHICS COMMISSION.
IN ADDITION TO THAT, IT DOES SAY IN OUR CITY ORDINANCE, I THINK THAT WE NEED TO HAVE OUR OWN LEGAL COUNSEL.
I'M NOT GOING TO REMEMBER IF IT'S IN THE CHARTER OR IF IT'S IN OUR ORDINANCE, BUT IT IS A REQUIREMENT THAT WE HAVE OUR OWN INDEPENDENT COUNSEL.
AND SO, WITH THE HELP OF OUR CITY SECRETARY, WE FACILITATED THE INTERVIEW PROCESS FOR THAT. AND WE IDENTIFIED BUTLER SNOW TO REPRESENT THE ETHICS REVIEW COMMISSION.
SO WE'VE HAD ONE INITIAL CONVERSATION WITH THEM, LIKE GETTING TO KNOW YOU TYPE OF CONVERSATION. WE HAVE NOT INTERACTED WITH THEM AFTER THAT. SO ESSENTIALLY THAT'S A THAT'S WHERE WE'RE AT IS WE ARE UNDERSTANDING WHAT OUR REQUIREMENTS ARE OF US AS A COMMISSION.
THERE HAVE BEEN ITEMS THAT WE'VE DISCUSSED THAT REALLY THERE WAS NOTHING CAME OF IT.
AND THAT'S BECAUSE WE LEARNED THAT THINGS PERTAINING TO LIKE CAMPAIGNS ARE NOT WITHIN THE PURVIEW OF A LOCAL ETHICS COMMISSION.
THAT'S DONE BY THE TEXAS ETHICS COMMISSION.
SO THAT'S OUTSIDE OF WHAT WE NEED TO BE CONCERNED ABOUT.
SO IT'S REALLY JUST IDENTIFYING AND UNDERSTANDING WHAT'S WITHIN OUR UMBRELLA, OUR SCOPE OF RESPONSIBILITY.
SO BEYOND THAT, WE ARE ALMOST DONE WITH REVIEWING OUR EXISTING ORDINANCE RELATED TO ETHICS. WE WILL EVENTUALLY HAVE RECOMMENDATIONS TO PROVIDE TO COUNCIL ON WHAT WE FEEL NEEDS TO BE MODIFIED, I UPDATED, CHANGED, REVISED THAT TYPE OF THING.
THE NEXT MEETING THAT WE HAVE IN SEPTEMBER WILL BE THE MEETING WHERE WE FINISH OUR REVIEW. SO I WOULD ANTICIPATE THAT SOMETIME FOURTH QUARTER WE'LL BE ABLE TO PRESENT TO Y'ALL OUR RECOMMENDATIONS RELATED TO THIS, THE ORDINANCE.
SO WITH THAT BEING SAID, THAT'S WHERE.
THANK YOU I FORGOT I HAVE THE CLICKER.
THANKS, LAURA. SO MY APOLOGIES.
SO THERE YOU CAN SEE THE PROGRESS.
DO Y'ALL HAVE ANY QUESTIONS OR DOES ANYBODY FROM THE ETHICS COMMISSION, DO Y'ALL HAVE ANYTHING TO ADD TO WHAT I'VE SAID SO FAR? JUST SO EVERYBODY, COULD YOU GUYS INTRODUCE YOURSELVES? SURE.
I'M NOT SURE. EVERYBODY KNOWS EVERYBODY.
ABSOLUTELY. SORRY. I'M CHERYL STEWART, AND I AM THE CHAIR OF THE ETHICS REVIEW COMMISSION, KYLE PARKINSON.
I'M EDWARD TROXELL, AND WE'RE MISSING LORI.
HER BROWN DUNCAN. AND WE'RE ALSO MISSING CHARLES WARNER.
[00:05:02]
OKAY. BUT DID Y'ALL HAVE ANY QUESTIONS ABOUT ANYTHING THAT I'VE MENTIONED SO FAR? I REMEMBER, DOTTIE, THE ONLY THING THAT THAT WE'VE ALLOWED THE TEXAS OR.I'M SORRY, THE ONLY THING THAT WE'VE ALLOWED THE ETHICS COMMISSION TO BE TASKED TO DO TO THIS POINT IS IF A PERSON TURNS IN THE REPORTING AND THAT'S IT, NOT THE SUBSTANCE OF IT.
THAT'S PRETTY MUCH IT. ANYTHING OUTSIDE OF THAT, WE REALLY HAVEN'T SET UP THEM TO HAVE ANY POWERS TO DO ANYTHING. IS THAT FAIRLY SAFE TO SAY? WELL, YOU KNOW, I HAVEN'T LOOKED AT THE ORDINANCE. ALAN HAWKINS DID THE INITIAL ETHICS MEETING WITH THE COMMITTEE OR THE COMMISSION AND OUTLINED THE ORDINANCE, AND THEN HE HAS SOME RECOMMENDATIONS TO AMEND THE ORDINANCE, BUT. AND I HAVEN'T TAKEN A LOOK AT WHAT HE SAID.
THAT'S GENERALLY OUR UNDERSTANDING TO THIS POINT, RIGHT? WHEN IT COMES TO THAT'S OUR UNDERSTANDING. WE CONFIRM THAT IT WAS SUBMITTED AND WE'RE DONE.
THERE'S NOTHING THAT HAPPENS AFTER THAT UNDER OUR FINANCIAL DISCLOSURE ORDERS.
SO AS LONG AS YOU SUBMITTED, IT COULD BE ONE PAGE.
IT JUST SAYS BLANK. YOU SUBMIT IT.
ESSENTIALLY, YOU GUYS ARE DONE ESSENTIALLY IF YOU'VE MET THE DEADLINE.
YEAH. THERE YOU GO. SO WE DO HAVE SOME DIFFERENT IDEAS THAT WE HAVE AS A COMMISSION HAVE IDENTIFIED AS THINGS THAT WE THINK WE COULD IMPLEMENT AS POTENTIAL CHANGES.
WE ALSO HAVE IDEAS RELATED TO JUST SOME CONCERNS THAT WE HAVE AND JUST SOME RECOMMENDATIONS. LIKE, TO ME, IT'S LOW HANGING FRUIT ON THINGS THAT AS A COUNCIL, Y'ALL CAN ADDRESS BECAUSE IT'S IN CHARTER OR IT'S IN AN ORDINANCE JUST TO BE COMPLIANT WITH THEM. AND THEN WE CAN GO FROM THERE FOR THE MORE DIFFICULT THINGS.
ONE THING THAT WE THREW OUT AS AN IDEA IS FOR THE ETHICS REVIEW COMMISSION FOR US TO SCHEDULE, OVERSEE AND FACILITATE FORUMS FOR CITY COUNCIL AND MAYORAL RACES.
AND THAT'S JUST TO HAVE A CONSISTENT ENTITY THAT'S RESPONSIBLE FOR THAT.
AND IT'S UNDERSTOOD WHO WOULD BE DOING THAT, BECAUSE I THINK IT'S IMPORTANT FOR THAT TO TAKE PLACE. IT NEEDS TO BE AN UNBIASED ENTITY THAT DOES IT.
EVERYBODY WHO'S WILLING TO RUN IN A RACE NEEDS TO FEEL CONFIDENT THAT THEY CAN TRUST WHO'S GOING TO FACILITATE THE FORUM AND ENSURE IT'S AN UNBIASED TYPE OF ENVIRONMENT AND THE QUESTIONS THAT ARE BEING ASKED IN THAT TYPE OF THING.
IT'S JUST AN IDEA. THE OTHER THING, THOUGH, THAT WE WANTED TO TALK ABOUT THAT NEEDS TO BE DONE, IS IMPLEMENTING ETHICS TRAINING ANNUALLY FOR COUNCIL.
I DON'T KNOW IF THAT'S ALREADY TAKING PLACE OR NOT, BUT IT NEEDS TO IF IT ISN'T ALREADY.
BUT IN ADDITION TO THAT, THAT ALSO NEEDS TO BE DONE WITH BOARDS AND COMMISSIONS. I CAN TELL YOU FROM PERSONAL EXPERIENCE THAT ETHICS TRAINING HAS NOT BEEN SOMETHING THAT I'VE SEEN TAKE PLACE ON ANY BOARD OR COMMISSION OUTSIDE OF ETHICS.
AND THERE ARE THINGS THAT APPLY TO ALL BOARDS AND COMMISSIONS PERTAINING TO ETHICS THAT THEY NEED TO BE AWARE OF.
SO WE DO NEED TO IMPLEMENT THAT, I THINK SOONER RATHER THAN LATER.
OKAY. THE OTHER THING THAT NEEDS TO BE DONE, AND THIS IS IN CHARTER, IT'S SECTION 1303. COUNCIL NEEDS TO DETERMINE REQUIREMENTS FOR APPLICANTS FOR VARIOUS BOARDS. THERE'S A LIST IN CHARTER THAT SAYS THE THINGS PERTAINING TO BOARDS AND COMMISSIONS OF WHAT NEEDS TO BE DONE.
QUALIFICATIONS IS ONE OF THOSE THINGS THAT I THINK HAS BEEN KIND OF A GRAY AREA.
AND AS MUCH AS YOU GUYS ARE CAPABLE OF, I THINK THERE SHOULD BE SOME QUALIFICATIONS OUTLINED. IT'S IN THE CHARTER.
I THINK THAT IT NEEDS TO BE ADDRESSED AS WELL AS YOU CAN.
SECTION OF THE CHARTER. IS THAT 13.3.
AND WHERE DOES IT SAY THAT? I DON'T SEE IT. I'LL FIND IT.
DADDY, YOU'RE GOING TO HAVE TO GIVE ME A MINUTE TO FIND IT AND FOLLOW UP WITH YOU ON IT, BECAUSE I MAY HAVE. DONE.
I WOULDN'T HAVE WRITTEN IT DOWN IF I DIDN'T SEE IT. I KNOW IT'S IN HERE SOMEWHERE, AND I APOLOGIZE FOR NOT WRITING.
WHAT WAS THE EXACT SOURCE? IT'S THE QUALIFICATIONS FOR PEOPLE WHO ARE APPLYING TO BE ON A BOARD OR COMMISSION, AND IT MIGHT NOT. IT'S NOT AN ETHICS BOARD.
NO, I THINK IT'S IN 1201 1201.
THE CONCERN, AT LEAST FROM WHAT I'VE SEEN, I DON'T THINK THAT QUALIFICATIONS ARE MADE KNOWN TO APPLICANTS WHEN APPLYING FOR A BOARD OR COMMISSION,
[00:10:04]
AND IT WOULD BE GOOD FOR THEM TO UNDERSTAND IF THEY EVEN MEET THE QUALIFICATIONS BEFORE APPLYING. SO THAT WOULD BE SOMETHING THAT I THINK IS SHOULD BE ADDRESSED.NOT SAYING WHEN IT NEEDS TO BE DONE BY, BUT JUST SOMETHING THAT NEEDS TO BE LOOKED INTO. SO JUST TO GET THE SCOPE OF WHAT THE ETHICS COMMISSION CAN DO, I DON'T KNOW IF THEY'RE THE APPROPRIATE CITY COMMISSION TO REVIEW THE CHARTER UNTIL THE COUNCIL WHAT THE CHARTER REQUIRES.
I THINK THEY'RE LIMITED TO THE ETHICS ORDINANCE AND REVIEWING IT ANNUALLY.
AND WHAT KIND OF AMENDMENTS NEED TO BE MAKING TO THE ETHICS ORDINANCE.
CAN I ASK A CLARIFYING QUESTION? IF IT'S NOT THE ETHICS REVIEW COMMISSION, WHO DOES THAT? THEN WHO DOES REVIEW IT TO ENSURE THAT IT'S BEING ADHERED TO? COUNCIL THE CITY MANAGER.
THE CITY SECRETARY. SO, AND IN MOST OF THE CITIES THAT I REPRESENT, CITY SECRETARY DOES EVERYTHING WITH BOARDS AND COMMISSIONS AND MAKES RECOMMENDATIONS UP TO COUNCIL, JUST AS SHE'S DONE FOR YOUR SAYING, YOU KNOW, HELP YOU ORGANIZE, HELP YOU LOOK AT THE ORDINANCE, HELP YOU GET YOUR SPECIAL COUNSEL.
SPECIAL COUNSEL IS BY ORDINANCE.
SO IT'S MORE OR LESS MANAGER, CITY SECRETARY KIND OF WORK TOGETHER TO MAKE SURE THE CHARTERS FOLLOWED.
BUT IF WE ADJUST THE ORDINANCE.
THE ETHICS ORDINANCE? YEAH, YEAH.
YOU CAN I MEAN, I GUESS WE'RE GOING TO NEED TO KNOW ULTIMATELY, IS WHAT CAN WE NOT TEST THE ETHICS COMMISSION TO DO BY STATE LAW.
IT SOUNDS LIKE THE CHARTER SAYS MINIMUM WHAT THEY HAVE TO DO.
AND THEN I THINK WE DO EVERYTHING WE CAN EXPAND THE POWERS, WHATEVER THE COUNCIL WANTS. AND THEN THE NEXT, NEXT YEAR, IN JUNE, THAT COUNCIL CAN SAY WE'RE GOING TO DIAL IT BACK OR EXPAND IT.
I THINK THAT'S ULTIMATELY WHAT WE NEED TO UNDERSTAND IS WHAT CAN WE DO THERE, AND THEN WE CAN FIGURE OUT LATER ON IS ARE THEY THE RIGHT GROUP FOR THIS OR THE WRONG GROUP? YEAH. SO THEY CAN MAKE RECOMMENDATIONS THAT THEY WANT TO DO X, Y AND Z. AND AS AN AMENDMENT TO THE ORDINANCE, COUNCIL CAN TAKE A LOOK AT THAT AND SAY, YES, THAT'S SOMETHING THE ETHICS COMMISSION SHOULD DO.
OR ANOTHER BOARD OR COMMISSION OR CITY MANAGER OR SECRETARY.
I THOUGHT I UNDERSTOOD THE ETHICS WAS ALLOWED TO BASICALLY REVIEW ANYTHING THAT VIOLATED AN ORDINANCE IN THE CITY? WELL, THE ETHICS ORDINANCE.
IF SOMEBODY HAD A COMPLAINT ABOUT A VIOLATION OF THE ORDINANCE AND IT WAS SOMETHING THAT WAS WITHIN THE ETHICS ORDINANCE, THEN THEY WOULD FILE THE COMPLAINT.
AND TYPICALLY, HOW AN ETHICS ORDINANCE WORKS IS THEIR SPECIAL COUNSEL WOULD REVIEW THE COMPLAINT TO DETERMINE WHETHER OR NOT THAT WAS SOMETHING THE ETHICS COMMISSION SHOULD USE. I THINK A PROBLEM IS OUR ETHICS ORDINANCE, AS WRITTEN, DOESN'T HAVE ANYTHING IN IT OTHER THAN YOU TURN IN YOUR REPORT, THE REPORT, AND THEN IT'S THE PROCESS ON IF FILE IS IF A COMPLAINT IS FILED.
WELL, IN THE PROCESS, I PROBABLY JUST MISREAD IT. BUT I THOUGHT THAT ANY ORDINANCE THAT WAS VIOLATED BY A STAFF ELECTED, APPOINTED OR CITIZEN COULD BE BROUGHT UP BEFORE THE ETHICS REVIEW COMMISSION AND DOESN'T HAVE TO BE A CITIZEN COMPLAINT.
THE HCRC CAN BRING UP A COMPLAINT IN PART OF THEIR AGENDA ITEMS. SO I MUST BE MISTAKEN THAT IT WASN'T THAT.
WELL, IF THEY BRING UP A COMPLAINT, THEY HAVE SPECIAL COUNSEL.
THEY WILL REVIEW THE COMPLAINT AND THEN MOVE IT FORWARD TO THE COMMISSION IF IT WAS APPROPRIATE FOR THEM TO HEAR IT.
THAT'S KIND OF ALWAYS THE FIRST STEP.
I WAS CURIOUS AS TO WHY QUALIFICATIONS BE PART OF THAT FIRST STEP.
WHAT I HEARD, THE FACT FINDING THAT WE SHOULD DEVELOP QUALIFICATIONS THAT ARE CLEARLY UNDERSTOOD BY BOARDS AND COMMISSIONS, AND THEN WE COULD BE PART OF THE ETHICS, IN MY OPINION. RIGHT. WELL, I'M NOT I'M JUST TO CLARIFY, I'M NOT I'M NOT TRYING TO IMPLY THAT THE ETHICS REVIEW COMMISSION WOULD DETERMINE WHAT THE QUALIFICATIONS ARE FOR EACH BOARD.
I'M JUST TRYING TO SAY THAT THAT'S A GAP FROM WHAT I'VE SEEN, THAT THERE ARE QUALIFICATIONS ALREADY IDENTIFIED FOR EACH BOARD, AND I RECOMMEND THAT THAT TAKES PLACE THROUGH THE BEST OF COUNCIL'S ABILITY JUST TO BE COMPLIANT. AND THAT'S KIND OF WHAT QUALIFICATIONS ARE NOT SPELLED LIKE CURRENTLY, THE QUALIFICATIONS THAT ARE LISTED OUT ARE.
YOU HAVE TO BE A CITIZEN OF THE OF THE CITY.
YOU HAVE TO BE A RESIDENT OF THE CITY OR YOU CAN LIVE WITHIN THE ETJ.
AGE. YOU KNOW HOW OLD YOU HAVE TO BE WHETHER YOU HAVE TO BE 18 OR.
I THINK I THINK THEY'RE ALL 18.
BUT IT'S REALLY RESIDENTS REQUIREMENT AND THEN AGE REQUIREMENT.
ARE THERE OTHER LIKE ARE THERE OTHER THERE ARE NO OTHER QUALIFICATIONS THAT I'M AWARE OF
[00:15:03]
THAT ARE REQUIRED FOR SOMEBODY TO SERVE ON BOARD OR LIKE YOU DON'T HAVE TO HAVE A CERTAIN EDUCATION LEVEL, THAT KIND OF STUFF.I AGREE. FROM WHAT I'VE OBSERVED AS OF LATE, IT MAY NOT BE A BAD IDEA TO JUST CONFIRM THAT YOU GUYS ARE IN AGREEMENT WITH WHAT CERTAIN QUALIFICATIONS SHOULD OR SHOULDN'T LIKE, IF YOU SHOULD REVIEW YOUR QUALIFICATIONS, RIGHT? MAYBE YOU GUYS AS A COUNCIL THINK IT SHOULD STAY EXACTLY HOW IT IS.
AND IF THAT'S THE CASE, WE'LL LEAVE IT.
BUT IF THERE'S ANY. BUT I DON'T KNOW IF THAT'S SOMETHING THAT Y'ALL DO, IS REVIEW QUALIFICATIONS TO ENSURE THAT IT'S BEING UPDATED IF NECESSARY.
THAT'S ALL I'M GETTING AT. JUST BECAUSE IT WOULD BE HELPFUL IF IF THERE'S A CERTAIN TYPE OF BOARD OR COMMISSION THAT WOULD BE LED BETTER WITH CERTAIN EXPERIENCE, DEGREES, QUALIFICATION, WHATEVER, AS AN EXAMPLE.
AND THAT SHOULD BE OUTLINED, RIGHT FOR THE PEOPLE WHO ARE APPLYING.
OKAY. SO LIKE MYSELF, I'LL USE MYSELF AS AN EXAMPLE.
I HAVE NOTHING TO DO WITH DEVELOPMENT, RIGHT? SO IF IT IF THE COUNCIL PERCEIVES THAT ROLE TO BE BETTER SERVED BY SOMEBODY WHO HAS EXPERIENCE IN THAT WORLD, THAT I CAN SEE WHY THEY WOULD THINK THAT, RIGHT? SO NO PROBLEM. NO HARM, NO FOUL.
JUST LET ME KNOW THAT THAT'S WHO YOU'RE LOOKING FOR.
OKAY. I KNOW THERE WAS A THERE WAS AN ASSUMPTION THAT THERE WERE LIKE CERTAIN QUALIFICATIONS THAT WERE REQUIRED ACQUIRED THAT PEOPLE DIDN'T KNOW ABOUT WHEN THEY APPLIED. NO NO NO. OKAY, OKAY.
MAYBE I JUST MISUNDERSTOOD THAT. OKAY.
YEAH. I THINK YOU GUYS ARE SAYING MAYBE WE NEED TO LOOK AT DO WE WANT TO HAVE, LIKE, IF YOU'RE GOING TO HAVE AN ETHICS COMMISSION, YOU WOULDN'T WANT SOMEONE TO HAVE A RECORD OF, LIKE, UNETHICAL BEHAVIOR.
CORRECT. AND YOU MAY SAY WE MAY SAY AS A COUNCIL, THERE'S A CERTAIN THING.
I'M NOT SAYING YOU CAN'T HAVE A SPEEDING TICKET, BUT. OR IF YOU'RE ON A P AND Z, WE MAY DECIDE THAT NOW THAT WE'RE GETTING TO BE MORE SOPHISTICATED, MAYBE WE NEED PEOPLE LIKE AT LEAST TWO PEOPLE NEED TO BE OF A CERTAIN BACKGROUND.
RIGHT. THAT WAY YOU DON'T HAVE SEVEN PEOPLE WHO ARE LIKE, MEAN. WELL, BUT. RIGHT.
THAT THAT WAS THE ONLY OBSERVATION THAT I HAD WAS THAT THERE'S A THERE'S A DESIRE TO MAYBE ADD CORRECT SOME. AND IF WE DO, WHAT WOULD THOSE BE? CORRECT. OKAY. RIGHT. SO LET ME MAKE SURE I'M REFERRING TO THE RIGHT THING.
HOPEFULLY BEFORE I. MY NEXT THING.
INSIGHT. THE WRONG SOURCE. HOLD ON A SECOND. A LITTLE NERVE WRACKING MEETING WITH YOU GUYS. ALL RIGHT, SO THE NEXT SECTION THAT I WANT TO DISCUSS WITH YOU IS IN THE THE ETHICS ORDINANCE. AND THIS IS PERTAINING TO SANCTIONS.
AND THIS IS SECTION I, I AM I DON'T KNOW THESE ARE NOT THERE'S NO PAGE NUMBER FINAL HEARING SECTION I EVERYBODY HAVE A COPY OF THAT THING.
I DON'T THINK SO. BUT IT'S AVAILABLE ONLINE AND IT'S ON THE ORDINANCE.
THIS IS ON THE PAPER, OUT OF THE BUDGET.
I DON'T KNOW IF THERE WAS ANY BACKUP.
THIS IS 2.05.006. SIX H FOR FINAL.
SO IF YOU'RE THINKING ABOUT THE ETHICS REVIEW COMMISSION AND THE VARIETY OF THINGS THAT COULD COME TO US AND OUR INDEPENDENT COUNSEL SECTION TWO TALKS ABOUT THE TERM AS A VIOLATION, THAT IF A VIOLATION HAS OCCURRED, HAS OCCURRED.
EXCUSE ME, IT MAY IMPOSE OR RECOMMEND THE FOLLOWING SANCTIONS.
A IS A LETTER OF NOTIFICATION.
SHALL BE THE APPROPRIATE SANCTION WHEN THE VIOLATION IS CLEARLY UNINTENTIONAL, OR WHEN THE OFFICIAL'S OR APPOINTED CONDUCT COMPLAINT WAS MADE IN RELIANCE ON A WRITTEN OPINION OF THE CITY ATTORNEY, A LETTER OF NOTIFICATION SHALL BE ADVISED.
SHALL ADVISE THE OFFICIAL OR APPOINTEE TO WHOM IT IS DIRECTED OF ANY STEPS TO BE TAKEN TO AVOID FUTURE VIOLATIONS.
THE COMMISSION MAY DIRECT A LETTER OF NOTIFICATION TO ANY OFFICIAL OR APPOINTEE.
PRETTY MUCH THE NEXT ONE IS THE LETTER OF ADMONITION.
I'M PROBABLY SAYING THESE THINGS WRONG. A LETTER OF RECOMMENDATION AND THEN A LETTER OF CENSURE. AT THE END OF THE DAY.
SO WHAT I WOULD LIKE TO DISCUSS IS THE POTENTIAL OF AND.
TO ME IT'S IT'S ONE IT'S GIVING A LETTER DEPENDING ON, ON THE SEVERITY OF WHATEVER IT IS.
RIGHT. GIVING A LETTER OR CENSURE NOTIFYING THE TAYLOR PRESS.
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THOSE ARE ALL EMBARRASSING THINGS, TO SAY THE LEAST.IT'S NOT PLEASANT AT ALL, BUT I HAVE SEEN OTHER CITIES THAT HAVE MONETARY TYPE OF RAMIFICATIONS FOR VIOLATIONS, DEPENDING UPON THE SEVERITY OF THE VIOLATION THAT OCCURRED.
SO. AND I WISH I HAD THE SOURCE WITH ME.
BUT ESSENTIALLY, YOU'RE IN A POSITION WHERE YOU GET PAID BY THE CITY TO PERFORM THE JOB THAT YOU HAVE. AND SO IT DEPENDS ON WHAT YOU WHAT THE VIOLATION IS.
WE COULD IMPOSE A MONETARY PENALTY COULD BE ASSESSED.
SO IF THERE'S A COUNCIL PERSON WHO DOES SOMETHING EGREGIOUS, AND I DON'T WANT TO COME UP WITH AN EXAMPLE, WE COULD IMPOSE SOME TYPE OF A MONETARY FINE OR REFRAIN FROM PROVIDING THEM WITH THEIR COUNCIL PAY OR MAYOR PAY, WHATEVER YOU WANT TO CALL IT, FOR A CERTAIN A SET AMOUNT OF TIME, DEPENDING UPON THE SITUATION.
SO CURRENTLY, THE ORDINANCE TODAY, THE MOST SEVERE THING THAT WE CAN DO AS THE ETHICS REVIEW COMMISSION IS CENSURE YOU AND NOTIFY THE PRESS.
AND SO IF THEY'RE GOOD THAT'S I'M GOING TO PLACE THAT THERE.
WE CAN SHARE THOUGHTS ON THAT.
SO I DON'T KNOW WHAT Y'ALL'S OPINIONS ARE, BUT RIGHT NOW I THINK THAT THERE COULD BE MORE TEETH TO THE ETHICS REVIEW COMMISSION SO THAT WE CAN ENSURE THAT THE CITY IS BEING RUN IN AN ETHICAL WAY. TOP MY HEAD, I DON'T KNOW THAT WE CAN RESTRICT COUNCIL PAY BECAUSE THAT'S BY CHARTER, BUT I BET WE COULD PROBABLY INSTITUTE A FINE, AND I WOULD JUST ASK THAT IT WOULD BE APPEALABLE TO THE CITY COUNCIL WITH LIKE A SUPER VOTE OR SOMETHING.
THAT BEING SOMEONE FALLS OUT OF FAVOR WITH A ETHICS COMMISSION.
I'M ALWAYS BEING HAD, ALWAYS FEARFUL OF ONE GROUP HAVING TOO MUCH POWER. AND SO YOU WOULDN'T WANT AN ETHICS GROUP TO BE BANDED TOGETHER TO GO AFTER SOMEBODY FOR WHATEVER.
AND THEN I THINK THEN IF YOU GO BACK TO THE COUNCIL AND THERE'S THERE'S A SUPERMAJORITY, AT LEAST, THEN YOU HAVE SOME KIND OF CHECKS AND BALANCE THAT GO.
LOOK, YOU CAN'T HIT ME FOR THAT.
BUT I DO KNOW AUSTIN DOES FINES BECAUSE THEIR GUYS GET HIT WITH THEM PRETTY REGULARLY.
IT SEEMS LIKE AND I PERSONALLY AM FOR ANYTHING I THINK WE'VE HAD.
I DON'T KNOW WHAT IT'S LIKE DOWN ON THE CITY COUNCIL, SO I DON'T HAVE ANY EXPERIENCE IN THAT. WE'VE HAD SOME PRETTY WILD THINGS THAT'S HAPPENED IN OVER THE YEARS, AND NONE OF IT IS UNETHICAL TO OUR ORDINANCES.
AND SO WHATEVER IT TAKES TO MAKE AND I TOLD YOU GUYS THIS BEFORE, I JUST WANT PEOPLE TO BE SOMEWHAT FEARFUL WHEN IT COMES TO ETHICS COMMISSION ASKING QUESTIONS ABOUT I GOT A QUESTION ABOUT YOUR REPORT.
HEY, I GOT A QUESTION ABOUT SOME THINGS.
YOU'RE YOU'RE ENGAGED IN THAT? MAYBE THEY'RE COMING UP.
EVERY TIME I GET ACCUSED OF SOMETHING.
I WISH WE COULD GO TO THE ETHICS COMMISSION. HAVE YOU GUYS FLUSH IT OUT SO I CAN COME OUT AND GO. THEY SAID I'M CLEAR OR I SCREWED UP, BUT INSTEAD, IT'S FACEBOOK. IT'S OUR ETHICS COMMISSION RIGHT NOW.
IT'D BE GREAT TO RUN IT ALL TO YOU GUYS.
AND FIRST YEAR WILL BE BUSY BECAUSE WE GOTTA GET ALL OF OUR SYSTEM.
AND THEN AFTER THAT, WE CAN GO LIKE, OKAY, WHAT HE DID IS NOT UNETHICAL.
IT MAY NOT BE BEST PRACTICES, BUT IF IT INCLUDES FINES, SENSORS, I THINK ANYTHING WE NEED, AS JAMES TOLD ME EARLIER IN THE WEEK ABOUT REFEREEING. I THINK ONE THING THE CITY NEEDS IS A REFEREE COURT OF SOME SORT, AND OTHER CITIES HAVE A VERY STRINGENT ETHICS COMMISSION, AND WE UNFORTUNATELY WE DON'T.
YOU GUYS HAVE DONE MORE WORK IN FIVE MONTHS THAN IT'S DONE IN SIX YEARS.
AND WE'VE DONE COUNCIL. BUT THAT'S JUST ME.
DOES ANYBODY ELSE HAVE THOUGHTS? SO IT SAYS THAT IF YOU THAT SO YOU HAVE TO FIRST OF ALL, YOUR SPECIAL COUNSEL IS GOING TO LOOK AT THE COMPLAINT AND SAY, YES, IT'S ACTIONABLE. AND THEN THERE'S GOES TO A PRELIMINARY HEARING.
AND YOU HAVE RULES OF PROCEDURE UNDER THE ORDINANCE.
THEN WHEN YOU GET TO THE HEARING AND YOU MAKE A FINDING THAT SOMETHING HAPPENED, THERE'S YOU'RE LIMITED TO.
A LETTER OF NOTIFICATION, LIKE YOU THINK AFTER HEARING ALL THIS, THE CONDUCT WAS UNINTENTIONAL.
THE SECOND ONE LETTER ADMONITION, WHETHER THE VIOLATION IS MINOR AND UNINTENTIONAL OR WHEN HE WANTS TO ADMONISH THE CITY OFFICIAL.
THEN THERE'S REPRIMAND IF IT'S COMMITTED IN TIME.
THERE'S THE LETTER OF CENSURE.
[00:25:01]
THAT'S A CORRECT. THAT'S CORRECT.BUT I THINK WHAT CHERYL IS BRINGING UP IS, DO WE HAVE ANY POTENTIAL DESIRE TO AMEND THE ORDINANCE TO INCLUDE SOMETHING A LITTLE BIT STIFFER THAN I'VE BEEN CENTERED IN THE PAPER, AND FOR ME, IT WAS ACTUALLY A GOOD THING.
BUT SOME PEOPLE MAY NOT SEE IT THAT WAY.
BUT IF THAT'S THE STIFFEST PENALTY WE HAVE, I THINK YOU WOULD WANT YOUR ATTORNEY TO RESEARCH WHETHER OR NOT AN ETHICS COMMISSION HAS THE AUTHORITY UNDER AN ORDINANCE, TO IMPOSE A MONETARY PENALTY OTHER THAN LIKE YOU HAVE YOUR REGULAR VIOLATION OF THE ORDINANCE THAT YOU CAN TAKE TO MUNICIPAL COURT? WHERE THEY CAN BY STATE LAW, IF THE I THINK THE QUESTION I'M LOOKING FOR IS, I DON'T KNOW IF IT'S THEIR ATTORNEY OR YOU, BUT CAN WE CHANGE THEIR SPECIAL COUNSEL? WELL, I'M NOT HERE TO TO MAKE SURE EVERYBODY'S THOUGHT OF THE LEGAL CONSTRAINTS ON THIS PROCESS, AND I'LL JUST DISCLOSE.
I'M SPECIAL COUNSEL TO THE CITY OF DENTON UNDER THEIR ETHICS ORDINANCE.
SO THEY HAVE A ROBUST ETHICS ORDINANCE AS THE VOTERS VOTED IT IN.
IT COVERS A LOT MORE THAN OUR ORDINANCE.
AND THEN WHEN YOU LOOK ON THEIR WEBSITE, YOU SEE THEY HAVE ADVISORY OPINIONS, THEY HAVE COMPLAINTS, THEY HAVE DIFFERENT THINGS THAT THEY'VE DECIDED. OVER THE PAST THREE YEARS I HAVE MET MAINLY HELPED THEM WITH THEIR ADVISORY OPINIONS. HERE'S WHY I THINK YOU GOTTA HAVE SOME INVOLVEMENT, BECAUSE WE SET THE ORDINANCE SO THEIR ATTORNEY CAN SAY ALL THEY WANT AND ALL THEIR ATTORNEY CAN REALLY SAY IS YOU GUYS CAN'T DO THAT UNTIL THE COUNCIL CHANGES.
SO WHEN WE GO TO CHANGE IT, THEY MAKE AMENDMENTS TO THE ORDINANCE.
IT HAS TO COME UP TO COUNCIL TO APPROVE IT.
AND THEN THAT'S WHERE I WOULD COME IN AND SAY, THERE, HERE'S THEIR AMENDMENT AND HERE'S WHAT I SEE, JUST BASED ON HAVING EXPERIENCE AS HELPING US WITH THEIR BOARDS.
BUT I WOULD THINK GIVING THEM THE ABILITY TO ASSESS THE MONETARY PENALTY THAT NEEDS TO BE RESEARCHED. YEAH. I GUESS WHAT I'M SAYING IS WE AS A COUNCIL CAN ALSO AMEND THE ORDINANCE AND JUST BRING IT. YEAH.
WELL, I THINK WE NEED TO FIGURE OUT THE RIGHT WAY, THE BEST WAY TO DO IT. IF WE'RE GOING TO DO SOMETHING, IF WE'RE GOING TO CHANGE SOMETHING, BECAUSE THAT'S ONE WAY CHANGING THE ORDINANCE IS ONE WAY PUTTING IT IN A CHARTER AMENDMENT AND HAVING THE VOTERS VOTE ON ADDITIONAL POWERS FOR FOR THE ETHICS COMMISSION IS ANOTHER WAY.
AND THAT WAY IS A LITTLE MORE STURDY BECAUSE COUNCIL CAN'T JUST CHANGE THAT ON A WHIM.
RIGHT? SO THAT'S A POSSIBILITY THAT THAT MIGHT BE THE BEST WAY TO DO IT.
THIS COULD BE A TEMPORARY IT HAS TO BE A HOW DOES THAT WORK? DOES THE DOES THE ETHICS COMMISSION ACTUALLY IMPOSE A FINE, OR DO THEY RECOMMEND A FINE THAT COUNCIL HAS TO RATIFY, OR IS THERE AN APPEAL PROCESS TO OVERTURN THAT? THOSE THINGS ALL HAVE TO BE RESEARCHED AND FIGURED OUT TO FIGURE OUT A SYSTEM THAT'S GOING TO WORK. I MEAN, WE KNOW IF WE PUT A SYSTEM IN AND WE DON'T RESEARCH IT, WE MIGHT STILL SCREW SOMETHING UP ANYWAY.
BUT IF WE DON'T RESEARCH IT, WE KNOW WE'RE GOING TO SCREW SOMETHING UP.
THERE'S A MONETARY PENALTY AND YOU DON'T KNOW YOU HAVE LEGAL AUTHORITY, THEN YOU'RE GOING TO BE IN LITIGATION. YEAH, RIGHT.
AND THAT'S WHAT I'M SAYING. TO ME, I THINK WE CAN HAVE THE IDEAS WHEN WE GO TO AMEND. SAY WE GO TO AMEND IT.
YOU'RE GOING TO HAVE TO THIS IS WHAT I DON'T WANT IS WE HAVE AN EDC.
THE ATTORNEY SAYS SOMETHING. YOU SAY, WELL, I DISAGREE WITH THAT.
IT COMES TO THE COUNCIL, WE SAY YEP YEP, YEP.
AND THEN HERE'S HOW WE WANT TO AMEND THE POLICY.
CAN WE DO OUR ORDINANCE. CAN WE DO THIS LEGALLY.
AND THEN YOU SAY YES, WE VOTE ON IT.
AND THEN WE TEST THE ETHICS COMMISSION WITH DOING THIS.
AND THEN THEIR ATTORNEY WOULD BE THE ONE THAT GOES LEGALLY.
YOU ARE FOLLOWING THE ORDINANCE THIS WAY BECAUSE I DON'T UNDERSTAND HOW THEIR ATTORNEY CAN BE INVOLVED IN THAT PROCESS BECAUSE WE SET THE RULES.
AND I WAS THINKING THEIR ATTORNEYS ARE ONE THAT INTERPRETS OUR RULES TO MAKE SURE THEY FOLLOW THEM CORRECTLY. BUT AND THAT'S PRETTY MUCH HOW DENTON SETS IT UP.
THE CITY ATTORNEY'S RESPONSIBLE FOR THE ETHICS OF ORDINANCE AND ANY AMENDMENTS TO IT.
BUT THE ETHICS REVIEW COMMISSION REVIEWS IT AND MAKES RECOMMENDATIONS UP TO THE CITY COUNCIL. I JUST WANT TO HAVE TWO ATTORNEYS, YOU KNOW, BILLING US, DISCUSSING HOW TO DO IT.
NOT NOT THAT YOU GUYS DO IT. BEING A HUM SENSITIVE TO THAT, IT'D BE BETTER JUST TO HAVE TAKE THE INPUT.
YOU TELL US WHAT'S LEGAL AND WE SAY GO.
AND THEN IF THEIR ATTORNEY SAYS, HEY, THERE IS ONE THING HERE YOU GUYS DIDN'T THINK ABOUT OBVIOUSLY WE WOULD THEY WOULD TAKE THE DIRECTION FROM THE ETHICS REVIEW, AND THE REVIEW COMMISSION WANTS TO CHANGE THE ORDINANCE TO DO X, Y, AND Z. THEY WOULD DO THE INITIAL RESEARCH AND ADVISE THE COMMISSION.
AND AND THEN FINALLY COME UP TO THE COUNCIL AND WE DO A REVIEW AT THE REDUCED RATE IF YOU WANT TO GIVE YOU OUR OPINION.
[00:30:03]
NO. BUT THAT'S TYPICALLY HOW EVERYTHING SHOULD BE THAT WAY.YOU WANT TO GO? WE WE WILL BE PRESENTING TO Y'ALL OUR OUR RECOMMENDED REVISIONS TO THE EXISTING ORDINANCE THAT WE'VE REVIEWED SINCE JANUARY.
SO WE CAN TAKE WHAT YOU SAID INTO CONSIDERATION TO ADD THAT INTO WHAT WE RECOMMEND. LOOK AT SOME OF THE CITIES THAT HAVE REALLY ROBUST ETHICS ORDINANCES.
OUR CHARTER SEEMS TO JUST FOCUS ON CONFLICTS OF INTEREST AND FINANCIAL DISCLOSURES.
BUT I THINK YOU CAN HAVE OTHER MATTERS IN YOUR ETHICS ORDINANCE.
YEAH. AND SO, MAYOR PRO TEM, I THINK CHARTERS ARE THE BEST WAY TO DO IT, LIKE COUNCIL PAY, GET IT LOCKED IN.
BUT BETWEEN NOW AND THEN A COUPLE YEARS, WE COULD ALWAYS DO AN ORDINANCE THAT POTENTIALLY COULD CHANGE.
BUT ANTICIPATING A CHARTER CHANGE IN THAT WAY, IT'S LOCKED IN. THIS IS THIS IS THE CHARTER CITY CHARTER 13.0 3BI QUOTE THE CITY COUNCIL BY ORDINANCE, ESTABLISHED AN INDEPENDENT BOARD OF ETHICS TO ADMINISTER AND ENFORCE JUST ADMINISTERING FORCE.
CONFLICT OF INTEREST AND FINANCIAL DISCLOSURE ORDINANCES.
THERE IS NO SCOPE OUTSIDE OF THAT FOR THE CHARGE THAT CORRECT? I THINK THAT I WOULD THEN ASSESS THE BARE MINIMUM THAT WE HAVE TO DO.
YEAH, YEAH. NO, IT'S IT IT LIMITS YOU TO THIS.
THAT'S ALL YOU CAN DO. WELL, YOU WOULD CALL THE ETHICS WITH TWO C'S BOARD AND THAT WOULD BE A DIFFERENT ETHICS BOARD. WELL, AND AND OR YOU MODIFY THESE ORDINANCES.
THERE'S THREE ORDINANCES THERE THAT I THINK ARE IN PLAY. YOU CAN'T YOU CAN'T MODIFY THAT RIGHT NOW BECAUSE THAT'S NOT YOU CAN MODIFY THE FINANCIAL DISCLOSURE ORDINANCE AND THE CONFLICT OF INTEREST, BUT THEY ALSO CAN ISSUE BINDING ADVISORY OPINIONS, CONDUCT INVESTIGATIONS ON THEIR OWN INITIATIVE.
PAGE 45. AND THEN THEY JUST HAVE THIS VOTE, REFERRAL OR COMPLAINT REFER FOR CASES FOR PROSECUTION. THEY MIGHT GET SOMETHING THAT SAYS IT'S MORE APPROPRIATE TO BE A COMPLIANT MUNICIPAL COURT. AND THEN IT DOES SAY HIRE INDEPENDENT COUNSEL.
SO IT GIVES THEM THE ABILITY TO HIRE THAT, I GUESS, AND IMPOSE ADMINISTRATIVE FINES. I THINK SEVERAL OF PEOPLE HAVE ALREADY.
I THINK SOME PEOPLE SAID THIS, AND I KNOW THE ETHICS REVIEW COMMISSION IS WORKING ON IT, AND MAYOR AND SEVERAL PEOPLE HAVE SAID THIS IS I JUST WANT TO HAVE THE ETHICS LEGAL COUNSEL LOOK AT THE STATUTE AND GIVE US ALL THE OPTIONS AND POWERS THAT ARE AVAILABLE TO US, AND THEN SEE GOES IN AND LOOKS AT THOSE.
HOW DO WE WANT TO IMPLEMENT THOSE? DO WE WANT TO IMPLEMENT THIS? WHAT IS YOUR RECOMMENDATION? THE COUNCIL GOES IN AND TAKES A LOOK AT THAT.
SO I'D LIKE TO SEE ALL THE POWERS, ALL THE ALL THE LIMITATIONS AND ALL THE AVAILABLE RESPONSIBILITIES THAT WE HAVE IN ENFORCEMENT, INCLUDING IS HAVE THAT ALL ON, ON A, ON A TABLE IN FRONT OF US.
I THINK ALL THIS IS ALREADY GOING ON IN IRC AS WELL AND THROUGH OUR NEW LEGAL COUNSEL.
BUT I MEAN, I'M NOT A LEGAL SCHOLAR BY ANY MEANS, BUT TO ME, IF I HAVE ALL THE POSSIBILITY, ALL THE KNOBS I CAN TURN, I'LL PROBABLY TURN THE RIGHT ONE. YEAH, I AGREE WITH THAT.
OTHER THAN I DON'T WANT THE I DON'T THINK IT'S THE JOB OF THE ETHICS ATTORNEY TO DO THAT. I THINK IT'S THE MUNICIPAL ATTORNEY'S JOB TO DO THAT.
AND THEN FOR THE ETHICS, THE ETHICS ATTORNEY TO REVIEW, TO MAKE SURE THAT THEY'RE FOLLOWING WHAT WE'VE INSTITUTED.
BECAUSE I THINK THE WHOLE REASON TO HAVE THEIR OWN ATTORNEY IS THAT YOU CAN HAVE A COMPLAINT ON YOU. MAYBE YOU RULED A CERTAIN WAY.
AND SO AT SOME POINT, YOU HAVE TO HAVE SOMEONE STEP AWAY.
THAT HEY, DOTTIE GAVE ADVICE ON A CONSULTANT SHE'S ACTUALLY WORKING WITH ON THE SIDE.
WELL, THEN THAT WOULD BE LIKE A NOT A GOOD THING.
AND THAT'S THE REASON WE. WHEN WE FIRST SAW IT, WE I WASN'T IN FAVOR OF THE BAUCUS LAW FIRM. ONLY BECAUSE DOTTIE'S NOT OUR ATTORNEY.
THE MARKAZ LAW FIRM IS OUR ATTORNEY.
AND SO AT ANY POINT IN TIME THAT THEY'RE INVOLVED IN A WHOLE BUNCH OF WE COULD BE SUING A CITY ONE DAY THAT BUT YEAH, I AGREE WITH YOU.
LIKE TO ME. YEAH. IT'S WE DO WITH THE THING TO TO GO AND WHAT'S THE MOST YOU CAN DO AND THEN. YEAH, LET'S FIGURE OUT LIKE, HEY, WHAT'S ANOTHER ROBUST ORDINANCE ALREADY STARTED THAT WORK. AND TALK TO THE COMMISSION ABOUT IT.
SO RATHER THAN HAVE ME REDO THAT, I WOULD JUST HAVE HIM MAKE THE RECOMMENDATIONS UP TO THE CITY AND JUST TO ALAN DOES PROBABLY ALL OVER THE STATE MOST OF THE ETHICS ORDINANCE AMENDMENTS.
AND IF THERE WERE THINGS THAT HE AGREE WITH YOU AND THERE WERE THINGS THAT HE GAVE US AS LIKE ACTION ITEMS LIKE CONSIDER THIS, THINK ABOUT THIS.
SO THOSE ARE DISCUSSION POINTS THAT WE AS A COMMISSION HAVE TALKED ABOUT.
AND SO WITH THE THE WORK THAT WE'VE DONE SINCE JANUARY.
IT DID INCLUDE LIKE TO YOUR POINT, WHAT HE HAS ALREADY DONE.
AND THEN WE'VE JUST KIND OF ELABORATED ON THAT POST LIKE SINCE WE'VE HAD CONVERSATIONS
[00:35:05]
ABOUT IT. DOES THAT HAND OUT THE THIS IS A PRESENTATION.THIS IS HIS PRESENTATION ON ETHICS TRAINING.
SO WHEN WE WENT, YEAH, I JUST WONDERED IF COUNCIL COULD YOU HAVE A DIGITAL COPY OF THAT AS WELL, IF THEY WANTED TO REVIEW IT? OR IF Y'ALL THINK IT'S TOTALLY DO, DOES COUNCIL GET ETHICS TRAINING REGULARLY? REGULARLY. BUT THE ONLY THING I WOULD WORRY ABOUT CAN WE CAN REALLY QUICK.
I'M SORRY, HAVE Y'ALL HAD ETHICS TRAINING EVER SINCE YOU JOINED, LIKE, SINCE YOU WERE ELECTED INTO YOUR POSITION? I CAN'T REMEMBER, THAT'S A CONCERN I MIGHT HAVE HAD SOME YEARS.
I HAVE A HARD TIME. REMEMBER WHAT WE DID LAST WEEK, BUT. THE QUESTION I HAVE IS, IS THAT BECAUSE HE HE.
ALAN MAY NOT WANT THIS OUT? BECAUSE THIS IS PRODUCT.
THIS IS SOMETHING HE CHARGES FOR.
SO NO, BUT HE DID THIS FOR THE CITY.
SO. OKAY. DIFFERENT CITY OKAY.
OKAY. CAN WE SHARE THIS WITH BOARDS AND COMMISSIONS AS WELL? BEYOND ETHICS AND THE CITY COUNCIL.
NO. JUST SHARE THAT WITH THE CITY COUNCIL.
THEY HAVE THEIR OWN ORDINANCES THAT ESTABLISH THEM, THEIR OWN QUALIFICATIONS, THINGS LIKE THAT.
AND THEY SHOULD GO THROUGH THEIR CHAIRMAN TO REQUEST, LIKE IN IT'S A CHARTER ORDINANCE THAT ALLOWS YOU TO COME AND ASK FOR FUNDING FOR YOUR BOARD OR COMMISSION. ETHICS COMMISSION CAN MAKE A RECOMMENDATION TO THE COUNCIL.
THE COUNCIL COULD FUND ONE DAY OF TRAINING OF ETHICS, AND YOU COULD AMEND YOUR ORDINANCE BEFORE THAT.
YOU SHOULD YOU SHOULD BE TRAINING ON WHAT OUR ETHICS RULES ARE.
YEAH, RIGHT. YEAH I AGREE WITH THAT.
YEAH. SO YOU WOULD DO THAT AS A PART OF YOUR ROLL OUT.
YOU WOULD LOOK AT THE AMENDMENTS THAT THE THAT THE ETHICS COMMISSION IS REQUESTING.
Y'ALL WOULD MAKE CHANGES TO THE ORDINANCE AS YOU AGREE.
MAYBE YOU CONSIDER IT SENDING IT TO THE CHARTER ELECTION.
ONCE YOU'VE ADOPTED IT, THEN YOU WOULD DO TRAINING AND ROLL IT OUT AS A PART OF THAT IMPLEMENTATION.
YEAH, FIX THE ORDINANCE FIRST, THEN TRAIN WHICH ORDINANCES? COVERING UP A COUPLE THINGS I'D LIKE TO SEE YOU GUYS THINK ABOUT.
I'D LIKE TO SEE THAT YOU GUYS'S TERMS IN FOUR YEARS.
ONLY BECAUSE IT'S TO ME, IT'S IMPORTANT TO BE LONGER THAN THE TERM OF AN ELECTED PERSON. BECAUSE IF YOU START GETTING INTO, YOU KNOW, DISCIPLINE AND ELECTED PEOPLE, I WANT YOU TO OUTLIVE THEM. AND THEN YOU CAN ONLY BE YOU CAN TAKE A FOUR VOTE TO GET YOU ON, BUT IT'S GOING TO TAKE A FIVE VOTE TO GET YOU OFF. THAT WAY, IF SOMEONE GETS MAD AT YOU, YOU CAN'T.
WE CAN'T SAY WE DISAGREE. SO WE'RE JUST GOING TO START TAKING PEOPLE OFF. HAVE TO FIND OUT ABOUT THE CAMPAIGN THING IF WE LEGALLY CAN LOOK AT THEM.
BUT ASSUMING WE CAN GLANCE AT THEM AND MAKE RECOMMENDATIONS OR THAT YOU GUYS CAN HAVE THE POWER OF LOOKING AT CAMPAIGN FINANCE REPORTS UNLESS YOU ALL TURN IN A COMPLAINT TO THE ETHICS, TEXAS ETHICS, THE CAMPAIGN, AND PERSONAL FINANCE REPORTS.
I'D LIKE YOU GUYS TO BE ABLE TO LOOK AT THOSE. BECAUSE I DON'T KNOW IF THE TEXAS ETHICS COMMISSION IS NECESSARILY ROBUST ENOUGH TO TO WORRY ABOUT HOW TO AND THEN YOURS IS ABILITY TO DETERMINE SOMEONE'S YOU ALL BEING ABLE TO DETERMINE SOMEONE'S ELIGIBILITY TO RUN FOR OFFICE. AND WHAT I MEAN BY THAT IS, IS TWICE WE'VE HAD DEBATES ON WHETHER OR NOT SOMEONE WAS ACTUALLY A RESIDENT.
I FORGET THE TERM. AND SO WE'RE DEBATING POLITICALLY WISE.
AND AGAIN, YOU GUYS, IF YOU GUYS BECOME THE REFEREE COURT, YOU ALL CAN TAKE THE MATTER UP.
YOU ALL CAN LOOK AT IT AND YOU CAN MAKE A RECOMMENDATION TO THE CITY COUNCIL THAT WE DON'T FEEL LIKE THIS PERSON MEETS WITH THE INTENT OF EVERYTHING WAS WE CAN STILL OVERRIDE YOU BECAUSE EVERYTHING'S GOING TO BE WE CAN OVERRIDE YOU. BUT AT LEAST THAT WAY IT'S NOT A A, HE SAID SHE SAID ON THE COUNCIL.
AND THEN YOU GUYS BEING CHARGED WITH REVIEWING ALL DISCLOSURES OF STAFF AND OTHER BOARDS AND COMMISSIONS, LIKE WHEN PEOPLE SAY THERE'S A I HAVE A CONFLICT OF INTEREST AND AGAIN, SPELLED OUT THAT YOU ALL AT LEAST YOU ALL GET A COPY OF IT. JUST REVIEW IT IF IT'S NOTHING.
BUT ULTIMATELY. WHAT I'M HOPING IS, IS THAT YOU GUYS HAVE THE POWER TO BE LIKE THE ETHICAL WATCHDOG. AND LIKE I SAID BEFORE, PEOPLE ARE KIND OF AFRAID A LITTLE BIT LIKE, MAN, WHAT DO THEY WANT? BECAUSE AND I'M NOT SAYING THIS JOKINGLY, HERE'S WHAT I'VE DEALT WITH SINCE I'VE BEEN ON COUNCIL. WE DEALT WITH A SEXUAL ASSAULT CASE THAT WE INVESTIGATE OURSELF ON.
WE'VE HAD ISSUES INDEPENDENTLY INVESTIGATED TOO.
THERE'S ISSUES ON SHARE THE WHOLE STORY.
WE'VE HAD ISSUES ON ACCEPTING PAY AND WHETHER OR NOT IT BROKE THE TEXAS CONSTITUTION.
WE'VE HAD ISSUES WITH RESIDENCY TWICE.
WE HAD AN AFFAIR BETWEEN TWO COUNCIL MEMBERS, ALLEGED, AND THOSE WERE JUST THE ONES.
[00:40:02]
AND SEE, IT'S THE ALLEGED OR TELL THE WHOLE STORY, THINGS LIKE THAT. LIKE, I THINK WE NEED A GROUP OF PEOPLE THAT CAN SIT THERE AND GO AND BASICALLY DO THE INVESTIGATION, BECAUSE WHEN THE COUNCIL DOES IT, IT'S PREVIOUS.COUNCILS HAVE KIND OF SAID, YOU KNOW WHAT, I DIDN'T SEE NOTHING AND I DIDN'T HEAR NOTHING. AND SO I'M LIKE, YOU KNOW WHAT? THAT'S POLITICS.
BUT IF WE HAVE AN ETHICS BOARD THAT EXPANDS TO WHERE THEY'RE INTO THAT, THE ETHICS BOARD CAN GO, YOU KNOW WHAT? YOU ALL MAY NOT SEE AN ISSUE, BUT WE DO. AND HERE'S OUR RECOMMENDATION.
THEN THE COUNCIL CAN GO TO THE PUBLIC AND SAY, WELL, THEY RECOMMENDED SOMETHING.
WE, THE COUNCIL THINK YOU'RE CRAZY AND DISREGARD IT BECAUSE WE STILL HAVE THAT POWER. BUT NOW THE PUBLIC GETS INVOLVED, WHEREAS RIGHT NOW IT'S ME FIGHTING PETER ALL THE TIME. ON WHAT'S ETHICAL AND WHAT'S NOT OR WHAT I.
IT TAKES THE DEBATE OUT OF THE COUNCIL, I THINK, AND MOVES IT TO WHERE YOU GUYS ISSUE OPINIONS, AND WE JUST THINK YOU GUYS ARE RIDICULOUS OR YOU KNOW WHAT? BUT THEY'RE TOUGH AND SOMETIMES IT HITS YOUR WAY AND SOMETIMES IT DON'T.
THAT'S KIND OF THE HOPE I HAVE NOW, HOW WE ADDRESS ALL THAT AND OTHER PEOPLE PUT IN THERE. BUT I BASICALLY WANT THE DEBATE TO END ON FACEBOOK AND AT THE COUNCIL.
AND THEN YOU ALL BE BASICALLY THE COMMISSION OF THE.
TIME IS THAT IS THAT WHAT THE CITY OF DENTON KIND OF DOES WITH THEIR ETHICS COMMISSION? THEY DO A LOT OF WHEN YOU LOOK AT THEIR WEBSITE, YOU'LL SEE ALL THEIR ADVISORY OPINIONS.
AND FOR EXAMPLE THERE WAS A MEMBER OF THE PLANNING AND ZONING COMMISSION THAT ALSO WAS THE CEO OF THE HOUSING AUTHORITY, DENTON.
SO YOU'LL SEE A LOT OF IS THAT A CONFLICT OF INTEREST? THEY ISSUE ADVISORY OPINIONS.
YES. AND YOU'RE ALL ON THE WEBSITE SO YOU CAN SEE.
YEAH. OURS IS THAT WE CAN DO THAT BECAUSE WE'VE ONLY TASKED THEM WITH.
DID YOU TURN YOUR REPORT IN ON TIME? BUT DO THEY DO LIKE EVERYTHING THAT THE MAYOR JUST TALKED ABOUT WHERE LIKE THEY LOOK AT CAMPAIGN FINANCE REPORTS OR THEY DETERMINE ELIGIBILITY? NOT. I'D HAVE TO LOOK AT THAT.
NOT THAT I'VE EVER BEEN ASKED TO HELP THEM WITH THAT.
SO I DON'T KNOW. FACEBOOK SAYS A CITY COUNCIL MEMBER HAD AN AFFAIR.
THEY LOOK INTO THAT. THEY INVESTIGATE WITH ALL THESE ETHICS ORDINANCES PASSED BY CITY.
YOU CAN ALWAYS FILE A COMPLAINT AND THEN YOU DO THAT INITIAL REVIEW.
IS IT ACTIONABLE OR NOT? SO THERE'S ALWAYS A PRELIMINARY DETERMINATION.
I HELP THEM WITH A LOT OF WHAT HE MEANS BY IS IT ACTIONABLE OR NOT? WHAT SHE MEANS IS DOES THE ORDINANCE THAT EMPOWERS THE ETHICS COMMISSION GIVE THEM AUTHORITY TO REVIEW THAT COMPLAINT OR NOT.
BECAUSE IF IT'S NOT SPELLED OUT THAT COMMITTING ADULTERY IS UNETHICAL, THEN IT DOES. SOMEONE CAN SUBMIT A COMPLAINT AND THEY'LL REVIEW IT.
THEY'LL SAY, WE DON'T HAVE JURISDICTION OVER THIS BECAUSE IT'S NOT IN OUR ETHICS ORDINANCE. AND THEN THEY WILL DISMISS IT.
AND THEY HAVE RULES OF PROCEDURE ON HOW THEY LOOK AT COMPLAINTS.
SO IT'S NOT JUST HERE'S A COMPLAINT.
AND THEY MEET AND SAY, YEAH, WE'RE NOT OPPOSED TO THAT.
SO WHAT JAMES IS SAYING IS I THINK IS OUR PROBLEM.
YOU TURN YOUR REPORT IN ON TIME.
THAT'S DONE. ANY OTHER COMPLAINT THAT COMES, NO MATTER HOW EGREGIOUS IT MAY SOUND, THE ETHICS COMMISSION IS UNABLE TO PURSUE THAT BECAUSE WE HAVEN'T GIVEN YOU THE POWER TO PURSUE IT. WELL, RIGHT NOW WE CAN CHARTER SAYS.
OH, WE CAN INVESTIGATE ON OUR OWN INITIATIVE.
RIGHT. SO FOR US, WE HAVE NOT SINCE OUR OUR COMMISSION HAS BEEN MEETING SINCE JANUARY, WE HAVE YET TO RECEIVE AN ACTUAL FORMAL COMPLAINT FROM ANYBODY.
SO ANYTHING THAT WE THANK YOU.
ANYTHING THAT WE'VE DISCUSSED HAS BEEN BROUGHT WITHIN OUR OWN COMMISSION, AND NOTHING TURNED INTO AN ADVISORY BECAUSE OF THE NUANCES OF THOSE SAID SITUATIONS.
SO WE WOULD HAVE MORE TRACTION, I THINK, TO YOUR POINT, PETER, LIKE, WE CAN DO THINGS NOW, BUT NOTHING HAS BEEN BROUGHT TO US TO DO ANYTHING ABOUT IT. SO WE WOULD LOVE TO BE ABLE TO GIVE THOSE ADVISORY OPINIONS.
BUT THERE'S ONLY SO MANY PEOPLE THAT CAN LOOK AT FACEBOOK OR SO OFTEN, YOU KNOW WHAT I MEAN? SO THAT'S THE OTHER THAT'S THE OTHER PIECE TO THIS.
RIGHT. SO WE CAN CAN WE COMPLAIN ON SOMETHING AND IT'S NOT IN THE ORDINANCE.
AND CAN THEY LOOK AT IT. BUT SO IT'S YOUR ORDINANCE HAS A COMPLAINT FORM IN THE ORDINANCE FOR ANYBODY TO FILL OUT.
OR TWO MEMBERS OF THE ETHICS COMMISSION TO JOINTLY FIND, TO BRING SOMETHING FORWARD.
THAT'S HOW THE CURRENT AUDIENCE AND YOU.
THEY ALSO HAVE THE ETHICS COMMISSION CAN ISSUE ADVISORY OPINION, BUT IT DOESN'T REALLY I DON'T THINK THEY LACK THE PROCEDURES ON SOMEBODY REQUESTING AN ADVISORY OPINION. WHAT WHAT HAPPENED? SO SO I THINK PROCEDURES WOULD BE GOOD.
[00:45:01]
AND BECAUSE I THINK THEY GOT THE BASIC THINGS THAT THEY CAN DO.IT'S JUST AMENDING THE ORDINANCE AT THIS POINT.
PEOPLE ARE NOT GOING TO GET INVESTIGATED ALL THE TIME FOR CAMPAIGN CONTRIBUTIONS.
WHO'S WORKING FOR WHO AND WORKING FOR THE CITY? IT SEEMS LIKE THE BIGGEST THING IS THAT IT'S NOT AN IT'S NOT AN OPINION.
SO IF IT'S LIKE, IS IT YOUR OPINION THAT THIS SHOULDN'T HAVE HAPPENED, THAT THAT'S NOT THE WAY THAT THE ETHICS COMMISSION WORKS? SO IF YOU SAY, HEY, I WANT TO FILE A COMPLAINT BECAUSE I HEARD THAT JAMES IS HAVING AN AFFAIR, AND I THINK THAT'S UNETHICAL.
YOU CAN FILE THAT COMPLAINT, AND THEY WILL THEN REVIEW TO SEE IF THERE'S ANY PLACE THAT'S IN CODE THAT GIVES THEM AUTHORITY TO SAY THAT WHAT I DID WAS UNETHICAL. AND IF IT'S NOT IN THERE, THEN THEY WILL SIMPLY SAY DISMISS BECAUSE LACK OF JURISDICTION. AND THEN I CAN ASK THEM, HEY, IS IT UNETHICAL FOR ME TO HAVE AN AFFAIR? AND THEY CAN LOOK AT IT AND THEY CAN SAY, THERE'S NOTHING IN THE CODE THAT SAYS THAT YOU CAN'T DO THAT. THAT IS AN ADVISORY.
AND LIKE AN OPINION THAT I'VE ASKED THEM TO REVIEW THE ETHICS ON.
AND THEN THEY CAN POST THAT AND THEY'RE SUPPOSED TO POST THAT TO THE WEBSITE.
SO YOU'RE SAYING THEY CAN THEY THEY CAN'T DO IT FROM A COMPLAINT STANDPOINT.
WHAT THEY CAN DO IF IT'S NOT WRITTEN IS A PERSON CAN SAY, HEY, BEFORE I GO DO THIS, SAID ACT.
YEAH, THAT'S WHAT I LEARNED A WHILE BACK.
NOT TO SAY LIKE MIKE DID SOMETHING BECAUSE SOMEONE CHALKED THAT UP IN A VIDEO AND SAID, I CAN'T BELIEVE YOU JUST DID THIS. AND I WAS LIKE, WELL, I WON'T USE MYSELF AS AN EXAMPLE ANYMORE. WELL, YOU KNOW WHAT I'M SAYING? WELL, I KNOW, I'M JUST TELLING YOU. FAIR ENOUGH. BUT I THINK NOBODY USED THIS ONLINE.
I THINK THE STANDARDS OF CONDUCT UNDER THE CURRENT ETHICS ORDINANCE NEEDS TO BE EXPANDED, BECAUSE RIGHT NOW IT'S LIMITED TO THE CHAPTER 171 CONFLICTS OF INTEREST IN YOUR FINANCIAL DISCLOSURE ORDINANCE.
AND ALSO, IF YOU TAKE A GIFT THAT'S PROHIBITED.
BY STATE AND BASED ON THE CURRENT WRITING OF NOT THE ETHICS OF THE CHARTER.
I GUESS THE QUESTION THAT I THINK I HEARD JIM RAISED, THAT I'VE GOT THE SAME QUESTION IS, DO WE HAVE THE AUTHORITY TO EXPAND BEYOND WHAT THE CHARTER SAYS? IS THE CHARTER LIMITING, OR DOES THE CHARTER SAY, HEY, IT'S IT'S THESE THINGS, BUT IT'S NOT LIMITED TO THESE THINGS, BUT THEY CAN ADMINISTER ENFORCE CONFLICT OF INTEREST AND FINANCIAL DISCLOSURE ORDINANCE.
BUT THE CITY COUNCIL SHALL AUTHORIZE THE BOARD TO ISSUE BINDING ADVISORY OPINIONS SO SOMEBODY CAN ASK A QUESTION.
HAVE SERVED ON THIS COMMISSION.
AND MY EMPLOYEE IS THAT DO I HAVE A CONFLICT OF INTEREST? SO THAT WOULD BE YOUR BINDING ADVISORY OPINION.
IT SAYS THEY CAN CONDUCT INVESTIGATIONS, BUT THE ORDINANCE DOESN'T TELL THEM HOW THEY CAN DO THAT. DOES IT LIMIT WHAT THEY CAN INVESTIGATE? IS IT JUST ON THOSE TWO ITEMS OR THEY CAN INVESTIGATE ANYTHING THEY WANT? IT JUST SAYS ON ITS OWN INITIATIVE, IT DOESN'T IT DOESN'T SAY THAT'S A GRAY AREA.
THAT'S WHAT IT SEEMS LIKE. AND SO LIKE ANYTHING.
I SAW THIS PNC MEMBER RUN A RED LIGHT THE OTHER DAY.
NO, WE'RE GOING TO INVESTIGATE THAT.
SOMETHING. THEY DID THIS. IT WOULD BE SOMETHING LIKE I THINK THAT PNC MEMBER WORKS FOR SUCH AND SUCH COMPANY WHO JUST CAME UP AND VOTED ON A MATTER.
TO ME, THAT'S AN INVESTIGATIVE THING. LIKE, I THINK THE GUY WORKS FOR THAT COMPANY, BUT THAT'S PART OF WHAT'S ALREADY BEEN SPELLED OUT IN THE CHARTER.
RIGHT? IT'S THAT'S A CONFLICT OF INTEREST.
I'M ASKING, CAN THEY GO AND INVESTIGATE THINGS THAT AREN'T LISTED IN THE CHARTER SPECIFICALLY? IS THE CHARTER OPEN ENDED TO WHERE THEY CAN INVESTIGATE ANYTHING THEY WANT? LIKE, WE'VE GOT A BUNCH OF TEXT MESSAGES FROM A HUSBAND ABOUT A WIFE.
COULD WE TURN THOSE TEXT MESSAGES OVER TO THE ETHICS COMMISSION AND GO, LOOK, I THINK SOMETHING'S GOING ON BECAUSE I'M GETTING WHATEVER THEY DO.
WHAT I'M SAYING IS, IT JUST NEEDS TO BE CLEAR.
SO THE CHARTER SEEMS TO BE BROAD THAT THE COUNCIL CAN AUTHORIZE THE BOARD TO DO THESE THINGS. BUT THEN WHEN YOU HAVE YOUR STANDARDS OF CONDUCT, THEY NEED TO BE SOMETHING THAT IS CONCRETE, THAT ANYBODY COULD READ IT AND SAY, IF I DO THAT, I'M GOING TO RUN AFOUL OF THAT AND SOMEBODY CAN FILE A COMPLAINT.
SO, SO I THINK COUNCILOR GORDON'S SAYING, ARE WE ABLE TO DO THIS? ARE WE ABLE TO REVISE OUR STANDARDS OF CONDUCT AND OUR ORDINANCE TO INCLUDE A WIDER RANGE OF THINGS TO TEST THEM, OR ARE WE JUST LIMITED TO CONFLICT OF INTEREST AND FINANCIAL AND FINANCIAL DISCLOSURES? IS THAT SAFE? WELL, YEAH.
YEAH, THAT'S WHAT I'M TRYING TO FIGURE OUT. YEAH. SO THOSE TWO ARE CLEAR.
IT ALSO SAYS ACCEPTANCE OF GIFTS AND OTHER THINGS OF FINANCIAL VALUE.
SO IF THERE WAS AN INSTANCE WHERE SOMEBODY KNEW SOMEBODY TOOK SOMETHING OF FINANCIAL VALUE THAT COULD BE ACTIONABLE UNDER THE ORDINANCE,
[00:50:05]
AS LONG AS IT'S SPELLED OUT PRETTY CLEAR, ACTING IN A PRIVATE CAPACITY ON MATTERS DEALT WITH AS A PUBLIC OFFICIAL USING CONFIDENTIAL INFORMATION.I DON'T THINK OUR ORDINANCE HAS WHAT KIND OF STANDARDS THAT WOULD BE.
AND THEN APPEARANCES OF CITY OFFICIALS BEFORE OTHER CITY AGENCIES ON BEHALF OF PRIVATE INTEREST HAVE TAKEN THAT TAKING WHAT YOU LEARNED AS A CITY OFFICIAL AND THEN GO USE IT TO YOUR BENEFIT. SO I THINK THE ORDINANCE STANDARDS OF CONDUCT, THEY SHOULD LOOK AT THAT AND EXPAND ON THAT.
THOSE SHOULD BE ADDED IN THERE. WELL, WE CAN TAKE A LOOK AT IT.
AND I'M NOT I, I KEEP HITTING ON THAT BECAUSE EVERYTHING SEEMS TO BE AROUND THE FINANCIAL PART. YEAH. BUT THEN ETHICS TO ME IS A LOT MORE THAN JUST FINANCES.
IT'S NOT. I'M NOT SAYING YOU DRANK TOO MUCH AT A PLACE AND A PERSON SHOULD BE INVESTIGATED, OR FACEBOOK SAID YOU WERE HANGING OUT AFTER HOURS AT A BAR.
NOTHING LIKE THAT. I'M LOOKING AT A DWI LEAVING THE BAR.
IT PROBABLY NEEDS TO BE TIED MORE TO YOUR SERVICE AS A PUBLIC OFFICIAL, LIKE YOU HAVE A DUTY AS A PUBLIC OFFICIAL NOT TO ABUSE YOUR AUTHORITY, NOT TO MISUSE INFORMATION, NOT TO TAKE CONFIDENTIAL INFORMATION AND USE IT TO YOUR BENEFIT. THOSE ARE THE AREAS THAT I THINK OUR ORDINANCE CAN.
DEVIN'S POINT IF YOU GOT PULLED OVER AND YOU SAID, HEY GUYS, DO ME A FAVOR.
I'M SUCH AND SUCH. I MEAN, CAN YOU CAN YOU LET THIS ONE SLIDE? WELL, I THINK IF THAT GETS OUT AND THEY GOT OFF, I THINK JAMES HAS A PROBLEM ON HIS SIDE.
BUT THEN I THINK FROM THE POLITICAL SIDE, IT'D BE NICE IF THE ETHICS COMMISSION WAS LIKE, OH, WE SAW THAT DASH CAM VIDEO AND LET'S TALK ABOUT THAT.
THAT COULD BE A ABUSE OF AUTHORITY, YOU KNOW.
SO CAN WE ALSO EXPAND THIS BEYOND COUNCIL AND HAVE THAT SAME YOU COULD HAVE A BOARD OR COMMISSION MEMBER WHO USES THEIR POSITION TO TRY TO DO THE SAME THING.
I'M ON PARKS OR I'M ON, I'M ON WHATEVER.
DON'T GIVE ME THE TICKET. LIKE SO CAN WE.
IT NEEDS TO GO BEYOND JUST COUNCIL DOESN'T APPLY TO ELECTED AND APPOINTED OFFICIALS.
SO IF YOU'RE TALKING ABOUT SOMEBODY THAT'S APPOINTED, THAT WOULD BE A BOARD OR COMMISSION MEMBER.
BUT I'M WANTING TO KNOW THAT THAT TYPE OF LIKE IF THAT BEHAVIOR WAS EXHIBITED WITH SOMEBODY ON A THE BOARD? WOULD THE ETHICS REVIEW COMMISSION MAKE AN ADVISORY OPINION TO COUNSEL REGARDING THAT SITUATION, TO POTENTIALLY REMOVE SAID PERSON OR WHATEVER IT MAY BE? RIGHT. RIGHT NOW WE CAN'T.
TO MY UNDERSTANDING, BUT COULD WE IN THE FUTURE? I THINK YOU COULD. I THINK YOU COULD INVEST.
YOU COULD INITIATE THE INVESTIGATION ON YOUR OWN IF YOU'RE AWARE OF THE INFORMATION.
RIGHT. YEAH. BUT STARTING THE COMPLAINT, THEN YOU WOULD GO THROUGH Y'ALL'S PROCESS, AND IT IT'S QUASI JUDICIAL.
SO LIKE SUBMIT EVIDENCE, YOU KNOW, BY THEN HAVE WITNESSES OR WHATEVER ELSE BACK AND FORTH. THEN Y'ALL MAKE A DETERMINATION.
IF THE DETERMINATION IS ONE OF THOSE FOUR THINGS THAT YOU CURRENTLY CAN DO, THEN YOU CAN DO THAT. NOW, COUNSEL COULD THEN INTERPRET THAT TO MEAN WE SHOULD TAKE THIS PERSON OFF THE BOARD AND COMMISSION. AS YOU JUST SAID, IT DOESN'T SAY RIGHT NOW YOU CAN RECOMMEND REMOVAL.
BUT BUT YEAH, THAT NEEDS TO BE DOCUMENTED BY THE PROCESS OF HAVING A LETTER OR ADMONITION, WHATEVER THE THINGS WERE, AND THE DEGREE OF THE OF THE SERIOUSNESS OF Y'ALL'S DETERMINATION, THEN THE COUNCIL WOULD SEE THAT THEY'D BE PUBLISHED, YOU KNOW, AND THOSE SORTS OF THINGS. IT'D BE ON THE WEBSITE.
COUNCIL WOULD SEE THEY CAN INTERPRET THAT.
BUT IF YOU WANT TO GET TO WHERE THAT'S AS EXPLICIT POWER, THEN THAT'S SOMETHING THAT WOULD HAVE TO BE AMENDED INTO YOUR ORDINANCE TO INCLUDE. YEAH, BUT I DO LIKE STUFF LIKE THAT BECAUSE WE HAD THERE WAS A CITY I WON'T SAY THE NAME. I THINK HAS REPRESENTED THAT CITY FOR A WHILE.
BUT THEY HAD THE MAYOR GET TIED UP WITH THE ECONOMIC DEVELOPMENT DIRECTOR, AND THAT WENT SIDEWAYS.
AND THEY WERE INVESTIGATING ECONOMIC DEVELOPMENT PERSON FOR MONEY SPENT.
AND IN THOSE TEXT MESSAGES FOUND OUT THERE WAS SOMETHING MORE GOING ON DOWN THERE THAT SHOULD HAVE BEEN. AND THAT WAS A FIGHT IN THE CITY, THE COUNCIL. AND I DON'T KNOW IF THE ETHICS BOARD'S LIKE IF YOU HAVE AN ETHICS BOARD, IT'S LIKE, HEY, YOU GUYS NEED TO GET YOUR STUFF TOGETHER AND SEVERELY PUNISH THAT PERSON. IT WOULD HAVE SAVED THAT CITY A TREMENDOUS AMOUNT OF HEARTACHE PARTY FOR THE GUY FINALLY LEAVES. BUT YOU READ THE STUFF AND YOU'RE LIKE, WHAT ARE YOU DOING? LIKE YOU CAN'T. YEAH.
IT'S SO. ANYWAY, OUR CURRENT ORDINANCE COVERS CITY OFFICIALS AND APPOINTEES, AND APPOINTEES ARE DEFINED AS PERSONS APPOINTED OR CONFIRMED BY THE MAYOR, CITY COUNCIL TO ANY CITY BOARD OR COMMISSION.
YOU CAN EXPAND. LOCAL GOVERNMENT CORPORATION.
I MEAN, WE CAN EXPAND THE DEFINITION OF APPOINTEE TO COVER MORE THAN BOARDS AND COMMISSIONS. SO WE'RE RUNNING REALLY SHORT ON TIME.
I KNOW YOU HAVE TO GO. THE CHARTER.
THERE'S ONE, TWO LAST THINGS I WANT TO LEAVE YOU WITH.
WE DID NOTIFY PLANNING AND ZONING THAT THEY ARE REQUIRED TO DISCLOSE THEIR PROPERTY THAT THEY OWN. THAT IS AN ORDINANCE.
[00:55:01]
AND SO PLANNING AND ZONING WAS NOTIFIED OF THAT.SO WE FOUND THAT THROUGH OUR REVIEW OF ETHICS THROUGH OUR REVIEW OF ORDINANCES, I THINK THERE'S SUPPOSED TO BE FILLING OUT THE PERSONAL FINANCIAL DISCLOSURES WHICH WOULD DISCLOSE ALL THAT. WE WERE TOLD THAT WE NEED TO NOTIFY THE CITY SECRETARY OF ANY PROPERTY THAT WE OWN. AND SO THAT'S WHAT WE DID.
BUT YOU GUYS HAVE YOU GUYS, HAVE YOU HAD TO FILL OUT A PERSONAL FINANCIAL DISCLOSURE? I DON'T THINK THAT.
YOU GUYS SHOULD LOOK AT THAT. I THINK THAT'S ON IT BECAUSE I THINK YOU THEY HAVE ENOUGH POWER ON THAT COMMISSION THAT COULD MAKE DECISIONS THAT COULD FINANCIALLY BENEFIT THEM. WE CAN REVIEW THAT.
AND THEN THE LAST THING ON THE ETHICS REVIEW COMMISSION, THE ORDINANCE 2.05.005.
THIS IS REALLY LOW HANGING FRUIT, BUT IT SAYS THAT THE ETHICS REVIEW COMMISSION SHOULD BE NUMBERED ONE THROUGH SEVEN. AND WE'RE NOT.
OKAY. YOU YOU ARE. YOU PROBABLY DON'T KNOW.
I DIDN'T KNOW IT WAS NUMBER ONE.
YOU HAVE NUMBERS. NUMBERS, NUMBERS.
OKAY. SO THE FINANCIAL DISCLOSURE IS LIMITED TO MAYOR, MEMBERS OF COUNCIL, MANAGER, CITY ATTORNEY, HDC.
AND THEN THE MEMBERS OF THE LGC AND THE PERSONS.
SO HE WANTED TO EXPAND WHO HAS TO FILE A FINANCIAL DISCLOSURE TO EXPAND THAT SECTION.
ALL RIGHT. LET'S DO THIS. SINCE WE'RE OUT OF TIME, LET'S TAKE THIS INFORMATION. WE CAN DEBATE SOME OF THIS ON THE MESSAGE BOARD.
YOU GUYS CAN DO IT. AND LET'S TRY TO GET TOGETHER AND AGAIN, AND I'LL GET WITH JAMES ON THE SCHEDULE AND TRY TO GET US BACK TOGETHER IN A COUPLE MONTHS. YEAH. WE NEED TO MEET WITH OUR ATTORNEY.
YEAH. YOU GUYS, WE'LL MEET WITH OUR ATTORNEY.
DOES THAT SOUND OKAY TO EVERYBODY? YEAH, THEY MEET ON THE FOURTH MONDAY OF THE MONTH.
SO SHE'S TELLING ALL THE SECRETS.
I JUST I JUST WANT TO HAVE THEM HAVE TWO MEETINGS BEFORE WE COME BACK.
IS THAT. ARE YOU JUST WANT TO HAVE ONE? I'LL COORDINATE OUR AVAILABILITY WITH LAURA. ALL RIGHT. SO IF YOU GUYS CAN ADJOURN FIRST.
SORRY. WHAT? FIRST MEETING ADJOURNED.
WE'LL ADJOURN TO COUNCIL, 06:57 P.M..
THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.