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[1. CALL TO ORDER ]

[00:00:03]

MEETING ORDER FOR THE CITY COUNCIL SPECIAL MEETING MONDAY, FEBRUARY 6TH, 2023.

TIME NOW IS 6 0 1.

UH, WE HAVE A QUORUM WITH US THIS EVENING.

UH, MADAM SECRETARY, ANY RE UH, REQUEST TO, UH, FOR PUBLIC COMMENTS? NO.

MR. MAYOR PROTEM, WE HAVE NO, UH, SIGNUPS.

NOAM.

OKAY.

NONE RECEIVED.

UH, DISCUSSION AND POSSIBLE ACTION.

ITEM FOUR, UH, DIRECTION

[(a) Discussion and Provide Direction to Staff - Contract for fines and fee...]

TO THE STAFF.

CONTRACT FOR FEES, OR EXCUSE ME, FOR FINES AND FEES.

COLLECTION SERVICES.

BRITTANY, ARE YOU GOING TO MAKE A PRESENTATION? GREAT.

I HAD A QUESTION.

MAYOR PRO 10 BEFORE, UM, UH, BRITTANY, UH, PRESENTS, UM, WE'RE ABOUT TO HEAR FROM STAFF ON ON THIS MATTER, AND I NOTICED THAT DURING THE REGULAR COUNCIL MEETING, WE'RE ALSO GONNA HAVE, UH, UH, A PRESENTATION, UH, FROM I GUESS THE CURRENT VENDOR MM-HMM.

.

AND SO MY QUESTION IS, UH, THIS SAYS DISCUSSION AND PROVIDE DIRECTION.

SO YOU'RE NOT SEEKING ANY ACTION TO BE TAKEN TODAY, RIGHT? UM, CITY MANAGER OR CITY? YES.

THAT'S A NO.

OKAY.

I JUST WANNA MAKE SURE.

OKAY.

I DIDN'T WANT TO HAVE 'EM OUTTA ORDER AS WELL.

NO.

OKAY.

THANK YOU.

READY? OKAY.

THANK YOU.

GOOD EVENING.

UM, WE ARE HERE, OUR, UM, COLLECTIONS CONTRACT IS COMING UP FOR RENEWAL IN JUNE, AND WE'VE HAD OUR CURRENT FIRM SINCE 2003.

THE, UM, CURRENT CONTRACT STARTED IN 2019.

SO WE'VE HAD THIS FIRM ROUGHLY 20 YEARS.

WE AUTO RENEWED LAST YEAR, AND MY VOICE CARRIES.

UM, SO, UM, WE RAN SOME FIGURES FOR YOU ALL.

UM, I DON'T KNOW THAT WE'VE EVER DONE THIS PREVIOUSLY, UM, BUT I RAN FIGURES FOR YOU ALL, UM, FOR FISCAL YEAR 2022.

AND THEN FOR THE LIFE OF THE CURRENT CONTRACT STARTING IN, UH, JULY OF 2019, THEIR PERFORMANCE RATE, UM, PER THEIR CONTRACT IS TO, UM, MEET THE GOAL OF 25%.

SO OUR FIGURES, UM, FOR 2022, IF WE GO WITH THE AMOUNT OF CASES THAT WERE, UM, THEY RECEIVED PAYMENT FOR, FOR THE COLLECTION EFFORTS, WOULD HAVE A, UM, COLLECTION RATE OF NINE LITTLE OVER 9%.

IF WE DO ALL CASES DISPOSED, WHICH INCLUDES NON CASHED CASES, THAT'S GONNA HAVE A RATE OF A LITTLE OVER 15%.

I ALSO DID THE FIGURES FOR, LIKE I SAID, THE LIFE OF THE CONTRACT FOR THE CURRENT, UM, CONTRACT.

SO FOR CASES THAT WERE PAID FOR, UM, THAT COMES OUT TO ABOUT 18% AND ALL DISPOSED, INCLUDING NON-CASH, IS JUST OVER 20%.

SO, UM, WITH THEM COMING UP FOR RENEWAL, WE CAN DO AN AUTORENEW ONE MORE TIME PER THE CONTRACT.

AND THEN IN THE FOLLOWING YEAR, IN 2024, WE WOULD HAVE TO GO OUT, UM, FOR R F P, UM, OR IF Y'ALL ELECTED TO, UM, THIS YEAR, WE COULD START THAT PROCESS THIS YEAR.

IT'S UP TO YOU GUYS WHEN Y'ALL GET TO THAT POINT.

AND THAT IS THE EXTENT OF OUR FIGURES AND NUMBERS.

IF YOU HAVE ANY QUESTIONS.

THANK YOU.

WE HAVE, WE HAVE SONYA BROWN, COUNCIL MEMBERS, SONYA BROWN, MARSHALL, THE OKAY.

THANK YOU SO MUCH.

UM, AND I REALLY APPRECIATE YOU BREAKING THOSE NUMBERS DOWN FOR ME BECAUSE I WAS TRYING MY BEST TO COME AS CLOSE TO THE 25% REQUIREMENT AS I COULD, AND I JUST WASN'T QUITE GETTING THERE.

UM, I CAME ACROSS THE BOARD ON AVERAGE PER YEAR, SOMEWHERE ABOUT 8% IF IT'S BASED ON THE TOTAL NUMBER OF DOLLARS THAT WE HAVE OUTSTANDING VERSUS WHAT THEY HAVE BROUGHT IN.

SO IT'S AVERAGING OUT TO ANYWHERE BETWEEN 8% WITH 6% BEING IN 2020.

AND I'M ASSUMING THAT THAT'S PROBABLY DUE TO COVID.

SO MY QUESTION THERE IS ALSO A PORTION INSIDE OF THE CONTRACT, WHICH IS ON PAGE NINE, AND IT PROVIDES FOR NON-PERFORMANCE MEASURES, WHICH STATES CLIENT STAFF TO SUBMIT THE CONTRACT FOR LONG-RANGE PLANNING COMMITTEE, WHICH IN TURN MAY MAKE RECOMMENDATIONS TO CITY COUNCIL ABOUT HOW TO MAYBE BETTER IMPROVE THE COLLECTION EFFORTS.

IN YOUR OPINION, ARE WE AT THAT LEVEL YET? I WOULD SAY YOU JUST NEED TO BASE THAT DETERMINATION ON THE FIGURES.

I KNOW THEY'LL PRESENT LATER THIS EVENING MM-HMM.

, UM, AND THEY'RE GONNA GIVE YOU SOME FIGURES THAT KIND OF ENCOMPASS THEIR LIFESPAN OF WORK WITH THE CITY.

MM-HMM.

.

UM, AND THAT'S WHY I PROVIDED NUMBERS THAT ARE JUST SPECIFIC TO THE LAST FISCAL YEAR OR THIS ACTUAL CONTRACT, CUZ THEY'RE

[00:05:01]

A LITTLE BIT DIFFERENT.

YES.

SO I WOULD JUST BASE THAT DETERMINATION ON THOSE FIGURES.

OKAY.

THAT'S MORE THAN FAIR.

UM, I GUESS I WOULD POSE THE QUESTION MORE SO TO MY COLLEAGUES IS BASED ON WHAT WE'RE SEEING INSIDE OF THE PERCENTAGES AND THE CALCULATION, AND I'M NOT SAYING THAT, YOU KNOW, WE NEED TO CHANGE FIRMS OR ANYTHING LIKE THAT.

I'M JUST TRYING TO MAKE A DETERMINATION ON HOW DO WE GET CLOSER TO THE 25% OR SHOULD WE EVALUATE AND TAKE A LOOK AT A CONTRACT THAT'S MORE REALISTIC, OR DO WE HAVE OTHER AREAS OF CONCERN.

MAYBE SOME OF THE TICKETS ARE OLD, MAYBE THEY ARE NOT EVEN COLLECTIBLE.

I THINK THESE ARE SOME OF THE THINGS THAT WE MAY NEED TO REALLY CONSIDER.

OKAY.

IT'S MY OPINION.

THANK YOU.

THANK YOU.

WE HAVE COUNCIL MEMBER BONY.

HEY, THANK YOU.

UH, MAYOR.

I THINK HISTORICALLY, FROM WHAT I'VE SEEN, UH, OVER THE YEARS AND WHAT'S BEEN PRESENTED, UH, YOU KNOW, THE FIRM HAS PERFORMED, UH, ACCORDING TO CONTRACT ABOVE THE CONTRACT THAT, UH, THEY HAD BEEN, UM, OPERATING UNDER.

UH, I THINK WE ALSO HAVE TO KEEP IN CONSIDERATION, UM, BASED OFF OF OUR OVERALL JUDGMENT OF THE FIRM, COVID TOOK PLACE.

THERE WAS A LOT OF THINGS THAT, UM, HINDERED THEIR ABILITY TO KIND OF DO MAJOR COLLECTIONS, UH, IN THAT WE DIDN'T HAVE COURTS OPEN AND PEOPLE WEREN'T BEING, UM, YOU KNOW, FINED AND, AND, AND INFORMATION WASN'T BEING, YOU KNOW, ABLE TO, I MEAN, YOU CAN ONLY COLLECT WHAT YOU CAN COLLECT AND WHAT'S COLLECTIBLE.

UH, AND THIS PARTICULAR INSTANCE ALSO, I THINK IT'S IMPORTANT IN MY, YOU KNOW, I CAN'T MAKE A DECISION, WHICH IS WHY I ASKED THE QUESTION EARLIER ON ANYTHING WITHOUT GETTING THE FULL INFORMATION, FACTS AND HEARING FROM THE FIRM WHO'S NOT PRESENTING RIGHT NOW, UH, I CAN'T PROVIDE DIRECTION TO STAFF WITHOUT KNOWING THE ENTIRE ENTIRETY OF THE, UH, THE SITUATION.

UH, AND I LOOK FORWARD TO HEARING FROM THEM AND SEEING WHAT NOT ONLY THEY'VE DONE WITH THIS CONTRACT, BUT WHAT ALSO THAT THEY COULD POSSIBLY DO, UH, WHICH WOULD HELP ME DETERMINE WHETHER TO, TO, TO DO THE AUTOMATIC RENEWAL.

BUT I, I'VE, I'VE BEEN, BASED OFF OF WHAT I'VE SEEN, I I'VE BEEN PLEASED WITH THE, THE MR. MARINER.

I DO WANNA POINT OUT THAT REPRESENTATIVES FROM LINEBARGER ARE IN THE AUDIENCE.

OKAY.

PLEASE ARE.

WE CAN WAIT UNTIL THAT PRESENTATION, UH, THE NEXT MEETING.

THAT'S WHY I ASKED THE QUESTION ABOUT WHETHER WE WERE GONNA BE MAKING THE DECISION AS FAR AS, OR JUST SIMPLY PROVIDING DIRECTION.

BUT IT'S KIND OF HARD FOR ME TO PROVIDE DIRECTION WITHOUT GETTING THE OVERALL INFORMATION.

I ALSO HAVE ONE MORE PERSON ON THE QUEUE.

SO LET ME TAKE THAT.

UH, COUNCIL, MERUS.

BRITTANY, YOU SHOWED US, UH, THE PUT FOR TOTAL PORTFOLIO, BUT IN EXHIBIT B WE ALSO HAVE A 10%, UM, MEASUREMENT FOR THE, UM, FALSE ALARM FEES.

DO WE HAVE THAT DATA? WE DO NOT.

THAT'S NOT A DATA THAT I CARRY.

UM, OKAY.

SOMEONE IN FINANCE WOULD POTENTIALLY HAVE THAT.

OKAY.

IF WE'RE GONNA MEASURE THE FIRM, I THINK THAT'S ALSO IMPORTANT CUZ THAT'S A MEASUREMENT RIGHT.

WITHIN THE CONTRACT.

THE SECOND THING I HAD A QUESTION ABOUT IS, SO IN EXHIBIT A WE HAVE SEVERAL PERFORMING MEASURES, RIGHT? LETTERS, A THROUGH M.

HAVE WE BEEN ABLE TO MAYBE AUDIT THIS AND C HAVE THEY CONTACTED SOMEBODY THREE TIMES? UM, HAVE THEY MADE 120 DAYS OF RESEARCH? UM, KIND OF DO A TRACER, IF YOU WILL, ON THESE ITEMS? I HAVE ACCESS TO DO SO.

I HAVEN'T DONE SO IN THE RECENT MONTHS LEADING UP TO THIS.

IT'S BEEN QUITE SOME TIME.

YOU KNOW, IT'S SOMETIME PROBABLY EARLY LAST YEAR, SO NOT ANY TIME RECENTLY.

OKAY.

BUT THAT IS CERTAINLY SOMETHING THAT IS, WE HAVE THE ABILITY TO DO.

OKAY.

YEAH.

CUZ THERE'S A LOT OF GOOD CHECKS AND BALANCES IN THEIR CONTRACT, BUT IT'S, I THINK IT'S IMPORTANT TO KNOW THIS MICROPHONE'S HOT TONIGHT, UM, WHETHER OR NOT THEY'RE DOING ALL THESE THINGS AND I DON'T KNOW THAT TONIGHT, SO.

OKAY.

THANK YOU.

ALL RIGHT.

I DON'T SEE ANYONE ELSE ON THE QUEUE, SO WE'LL GO TO ITEM FOUR.

THANK YOU.

[(b) Discussion and Provide Direction to Staff - Municipal Court Judicial A...]

ITEM FOUR B, DISCUSSION AND PROVIDE DIRECTION TO STAFF ON MUNICIPAL COURT JUDICIAL APPOINTMENT PRESENTATION BY ANGEL JONES, CITY MANAGER.

YES.

UM, THANK YOU.

GOOD EVENING.

THIS ITEM IS BEFORE YOU TO TALK ABOUT THE ENT COURT.

UM, JUDGE APPOINTMENTS, THEIR, UM, TERMS ARE EXPIRING APRIL 1ST, 2023.

AND SO WE ARE HERE TO GET GUIDANCE REGARDING WHETHER OR NOT YOU WANT TO REAPPOINT THE JUDGES FOR HOLD AND SEEK ADDITIONAL APPLICANTS FOR A POSITION WE'VE PROVIDED, UM, A LIST OF QUALIFICATIONS AND SKILLS AND, UM, THEY SHOULD BE LICENSED ATTORNEY IN THE STATE, UH, FIVE YEARS EXPERIENCE, EITHER AS A TRIAL LAWYER, UH, CRIMINAL PROSECUTOR, MUNICIPAL COURT, MUNICIPAL COURT JUDGE, OR CLOSELY

[00:10:01]

RELATED EXPERIENCE, OF COURSE, KNOWLEDGE OF STATE, MUNICIPAL, CRIMINAL LAW, CRIMINAL PROCEDURES, CITY ORDINANCES AND CODES, SUPERIOR PROFICIENCY AND ORAL AND WRITTEN COMMUNICATION SKILLS, POSSESSION, EMOTIONAL STABILITY, A SENSE OF FAIRNESS, UH, LEARNING THE ORGANIZATION PROCEDURES, OPERATING DETAILS OF MUNICIPAL COURT SYSTEM, AND THEN THE ABILITY TO COMPREHEND AND APPLY THE LAW TO SPECIFIC FACTS.

ADDITIONALLY, STAFF, UM, DID RESEARCH ON OTHER JURISDICTIONS TO DETERMINE ADDITIONAL QUALIFICATIONS THAT WOULD BE PERTINENT, UH, TO SERVING AS A MUNICIPAL JUDGE.

AND WE FOUND SOME ADDITIONAL REQUIREMENTS THAT WE FELT WE SHOULD BRING, UM, TO YOU FOR CONSIDERATION.

AND THOSE ADDITIONAL REQUIREMENTS ARE THE ABILITY TO ESTABLISH AND MAINTAIN EFFECTIVE WORKING RELATIONSHIPS WITH ELECTED OFFICIALS, CITY EMPLOYEES, AND CITIZENS ABILITY TO MAINTAIN AN ATMOSPHERE OF DECORUM AND PROFESSIONALISM IN THE COURTROOM.

ABILITY TO EXPRESS LEGAL INTERPRETATIONS CLEARLY, CONCISELY AND IN A FORTHRIGHT MANNER USING A VOCABULARY LEVEL UNDERSTANDABLE TO PARTIES CONCERNED, UH, REMAINING CURRENT ON NEW ADVANCEMENTS IN THE COURT PROFESSION, AND WORK WITH THE COURT MANAGEMENT TEAM TO INCREASE EFFICIENCIES AND REDUCE OPERATIONAL COST.

AND THEN LASTLY, EXPERIENCE WRITING AND REVISING STANDARD ORDERS AUTHORIZING THE COURT OPERATIONS TEAM TO CONDUCT THE BUSINESS OF THE COURT.

WE HAVE THREE JUDGES.

UH, THE PRESIDING JUDGE SINCLAIR WAS APPOINTED IN 2003.

THE ASSOCIATE JUDGE RICHTER WAS APPOINTED IN 1988 AND ASSOCIATE JUDGE ROSENBERG WAS APPOINTED IN 2011.

AND AS STATED EARLIER, ALL CONTRACTS EXPIRE ON APRIL 1ST, 2023.

THEY SERVED FOR TWO YEARS, AND WE ARE SEEKING DIRECTION AS TO HOW COUNSEL WOULD LIKE US TO PROCEED.

ALL RIGHT.

THANK YOU.

WE HAVE COUNCIL NUMBER CLOSING.

YES.

UM, I WOULD LIKE TO PROPOSE THAT WE OPEN THE APPLICATION PROCESS UP, UM, TO OTHERS.

UH, I HAVE NO, UM, I GUESS INDICATORS OF THE PERFORMANCE OF, UH, THESE THREE JUDGES.

UM, AND IT'S NOT BASED ON THAT.

I JUST FEEL LIKE, UH, IN ALL FAIRNESS TO, UM, TO THIS PROCESS THAT WE SHOULD OPEN THIS UP AND INTERVIEW OTHERS THAT MAY BE, UH, INTERESTED IN ADDITION TO THAT.

I PERSONALLY FEEL, AND, UM, MY COLLEAGUES CAN, UH, WEIGH IN ON THIS.

I FEEL AS THOUGH WE SHOULD JUST AS WE AS COUNCIL MEMBERS ARE NOW TERM LIMITED, I FEEL LIKE WE SHOULD, UH, IMPLEMENT THAT, UH, TERM LIMITS FOR NOT JUST MUNICIPAL, UM, COURT JUDGES, BUT ALSO THAT SHOULD EXTEND TO OUR COMMITTEES.

BUT FOR ALL INTENSIVE PURPOSES FOR THIS, UH, I WOULD LIKE TO OPEN THIS UP.

THAT IS MY, UM, MY THOUGHT, MY PROCESS, AND ALSO TO ESTABLISH SOME TYPE OF, UM, UH, LIMIT TERM LIMIT.

OKAY.

AND THAT'S MY COMMENT.

THANK YOU.

COUNCIL, MAY I APPROACH TO MEMORY? YES.

DO WE KNOW WHEN THE LAST TIME WE WENT OUT TO, UH, LOOK FOR, UH, ADDITIONAL CANDIDATES? UH, AT, UH, I GUESS AFTER THE TWO YEAR, UH, 2011 IS THE LAST TIME WE WENT OUT FOR CANDIDATES, AS I UNDERSTAND IT.

OKAY.

DO WE KNOW WHAT KIND OF RESPONSE WE RECEIVED? I MEAN, UH, IS THERE A GOOD POOL? OF COURSE, IN 2011? IT COULD HAVE CHANGED BY NOW, OBVIOUSLY, BUT I GUESS THE THOUGHT PROCESSES THAT I HAVE IS, DO WE HAVE A GOOD POOL OUT THERE TO, TO, UH, TO TRY TO ATTRACT TO, UH, THESE POSITIONS? I WOULD JUST STATE THAT, UM, IF IT'S THE DIRECTION OF COUNSEL FOR US TO MOVE FORWARD AND SEEK ADDITIONAL INTEREST, UM, WE CAN ALWAYS FALL BACK AND REAPPOINT IF WE DO NOT GET ADDITIONAL INTEREST IN THOSE POSITIONS.

OKAY.

UH, THE OTHER QUESTION I HAVE IS, YOU KNOW, THIS IS A, A DIFFICULT GROUP TO, UH, I GUESS GET SOME TYPE OF FEEDBACK AS FAR AS PERFORMANCE.

UH, I, I'M NOT SURE WHETHER YOU KNOW WHAT THE MEASUREMENTS MIGHT BE, BUT IS THERE ANYTHING THAT WE HAVE THAT, UH, WE'RE AWARE OF OR SHOULD WE EVEN CONSIDER SOMEHOW

[00:15:01]

OF, UH, BEING ABLE TO MEASURE THE PERFORMANCE AND THE EFFECTIVENESS OF, UH, OF OUR JUDGES AT? I WOULD TURN THAT OVER TO SINCE SHE'S MOVING HER MIC.

SURE.

UH, GOOD EVENING, MAYOR AND COUNCIL MEMBERS, AS YOU ALL KNOW, JUDGES ARE EFFECTIVELY HOUSED BY THE CITY.

UM, THEY ARE, THEY REPRESENT THE STATE.

THEY, UH, THEIR JOB IS TO EFFECTUATE JUSTICE IN OUR COURTROOMS. SO WHEN YOU TALK ABOUT MEASURING PERFORMANCE, UM, IN EFFECT, THEY, THEY ARE ABLE TO, THEIR STATE OFFICIALS, YOU JUST HAPPEN TO APPOINT THEM, BUT THEY'RE ABLE TO KIND OF CONTROL WHAT HAPPENS IN THEIR COURTROOMS. OF COURSE, WITHIN REASON, YOU DO HAVE A, AN ADMINISTRATOR, UH, IN YOUR COURT DIRECTOR.

BUT IN TERMS OF MEASURING PERFORMANCE, ASSUMING THAT THEY HAVE ABIDED BY, UH, THE RULES THAT RELATE TO JUDGES THAT ARE SET FORTH BY THE STATE, YOU'RE, YOU'RE LIMITED IN HOW YOU WOULD, UH, MEASURE PERFORMANCE.

BUT YOU CAN CERTAINLY, IN YOUR CONTRACT WITH THE EXISTING JUDGES, DOES PROVIDE FOR A MEETING WITH THOSE JUDGES.

AND THAT IS SCHEDULED FOR YOUR NEXT COUNSEL, YOUR NEXT SPECIAL COUNSEL MEETING.

ONE OF THE THINGS I WAS JUST WANTED TO MAYBE GIVE US SOME CONSIDERATION TOO, IS HOW DOES, HOW DO THOSE JUDGES HANDLE THEIR COURTROOM? UH, IS IT, YOU KNOW, OBVIOUSLY IT'S PROFESSIONAL BECAUSE THEY'RE PROFESSIONAL, BUT, UH, YOU KNOW, ARE THERE ANY, UH, ANY ITEMS THAT, UH, MAY COME TO THE FORE THAT, UH, WOULD SAY THAT, UH, YOU KNOW, WE NEED TO LOOK AT, UH, HOW THE, THOSE JUDGES ARE PERFORMING AND THE EXISTING CONTRACT PROVIDES THAT? IF THERE ARE COMPLAINTS, THOSE COMPLAINTS WOULD BE BROUGHT TO YOU ALL? UH, THEY HAVE NOT BEEN SUBMITTED.

UH, NONE HAVE BEEN SUBMITTED TO, UH, COURT STAFF TO DATE OVER THE LAST TERM.

UH, BUT THE CONTRACT DOES PROVIDE THAT.

IF THERE ARE COMPLAINTS, THEY WOULD BE SUBMITTED TO YOU ALL.

SO YOU WOULD BE NOTIFIED OF THOSE AS THEY OCCUR, NOT NECESSARILY AT THE TIME OF APPOINTMENT.

OKAY.

THANK YOU.

COUNCIL MEMBER RILEY.

THANK YOU.

UM, ONE OF THE THINGS THAT I WOULD LIKE TO SEE IS A LITTLE BIT MORE, UH, INFORMATION AND DATA ON THEIR DOCKET LOAD.

YOU KNOW, HOW MANY CASES ARE THEY SEEN, HOW MANY OF THEM ARE RESOLVED OR DISMISSED AND SO FORTH, ESPECIALLY AS IT RELATES TO, UM, CODE VIOLATIONS, UM, AND REPEAT OFFENDERS.

THE OTHER THING I DO, UM, I WOULD LIKE TO, BEFORE MAKING ANY FINAL DECISIONS, UH, FOR MYSELF, WOULD LIKE TO HAVE AN OPPORTUNITY TO MEET WITH THEM AND THEN ALSO CONSIDER OTHER OPPORTUNITIES TO INTERVIEW NEW CANDIDATES THAT MAY BE INTERESTED, UM, IN THIS PARTICULAR ROLE.

UM, I TOO AGREE WITH MY COLLEAGUE, UH, COUNCIL MEMBER KLAUSER ABOUT TERM LIMITS.

UM, I THINK IT'S IMPORTANT THAT WE ALLOW FOR FRESH EYES SOMETIMES AND THEN ALSO, UH, DO SOME, SOME LEVEL OF EVALUATION FOR OUR JUDGES AND SET CERTAIN EXPECTATIONS, UH, SO THAT THEY'RE ABLE TO MEET THE CRITERIA THAT WE, WE'VE SET FOR THEM.

THANK YOU.

THAT WAS MY COMMENTS.

COUNCIL MEMBER BONY.

YEAH.

ONE OF THE QUESTIONS I WAS GONNA HAVE ACTUALLY JUST GOT ANSWERED, UH, ABOUT, UM, I WAS GONNA ASK BRITTANY, WELL, HAVE THERE BEEN ANY NEGATIVE FEEDBACK, UH, YOU KNOW, OVER THE, THE COURSE OF THE LAST YEAR OR SO? UH, RELATIVE TO THESE JUDGES AND HEARING THAT THERE'S BEEN NO COMPLAINTS FILED IS A, IS A, IS A COMFORTING THING, UH, ESPECIALLY COMING OUTTA COVID.

UH, AND SO THAT'S WHERE I WAS GONNA LAND AS FAR AS OR HAVE LANDED.

UH, AS FAR AS, YOU KNOW, I FEEL ESPECIALLY WITH THIS BEING, UM, A SHORT RUNWAY, IN MY OPINION, APRIL 1ST, 2023 BEING WHEN THESE CONTRASTS EXPIRE, WE NEED STABILITY IN OUR COURTS.

UH, I'M ALL FOR LOOKING AT FUTURISTICALLY, HOW WE MAKE OUR DECISIONS, SETTING TERM LIMITS, DOING THOSE THINGS.

BUT RIGHT NOW, I JUST FEEL LIKE THE PEOPLE THAT WE HAVE IN PLACE, CONSIDERING THAT THEY'VE BEEN EFFECTIVE, UH, THEY'VE BEEN CONSISTENT AND, UH, THEY'VE BEEN STABLE HERE IN OUR CITY, THAT, UM, YOU KNOW, WE CONSIDER REAPPOINTING THEM, UH, FOR THIS APRIL 1ST CONTRACT AND THEN WORK TOGETHER TO TRY TO FIGURE OUT HOW WE SET STANDARDS GOING FORWARD.

WHETHER IT BE TERM LIMITS OR, UH, WHATEVER THE APPLICATION PROCESS.

I GUESS MY FEAR IS, OR CONCERN, I FEAR IS THAT, UM, WE LEAVE AWAY FROM HERE AND BEFORE YOU KNOW IT, YOU KNOW, WE'RE UP AGAINST THE GUN RUSHING TO TRY TO INTERVIEW PEOPLE AND GET THAT PROCESS SET UP.

AND APRIL 1ST WILL BE HERE AND THOSE CONTRACTS WOULD'VE EXPIRED.

I JUST FEEL LIKE WE NEED STABILITY.

ALL RIGHT.

UM, CINEMA MANAGER JONES, I HAVE A FEW QUESTIONS.

MM-HMM.

, WHEN DO, UM, SO APRIL 1ST IS WHEN THE CONTRACT EXPIRES, RIGHT? CORRECT.

SO IF THOSE CONTRACTS ARE NOT RENEWED, DO THEY GO MONTH TO MONTH OR, OR HOW DOES THAT PROCESS WORK?

[00:20:02]

THEY ARE AUTOMATICALLY RENEWED FOR ANOTHER TWO YEAR TERM IF YOU DO NOT SELECT, UH, NEW JUDGES WITHIN 90 DAYS OF THAT EXPIRATION.

OKAY.

SO GI, GIVEN THAT WHAT COUNCIL MEMBER KLAUSER PROPOSED IS TO GO OUT THERE, SOLICIT AND INTERVIEW, AND THEN PERHAPS WE MAY COME TO ONE OR TWO PEOPLE NEW.

IF THAT DOES HAPPEN, THEN HOW DOES THAT TAKE EFFECT? ARE THESE CONTRACTS ARE, ONCE THEY'RE IN FOR TWO YEARS, THEY'RE IN, OR WE CAN BREAK AWAY FROM THE CONTRACT AND REAPPOINT.

SO IF YOU ARE ABLE TO MAKE THAT DECISION, LET'S SAY BY THE SECOND MEETING IN MARCH, THEN YOU WOULD BE ABLE TO, UH, ESSENTIALLY CLOSE OUT ON THOSE INDIVIDUALS THAT YOU DON'T WANNA MOVE FORWARD WITH AND THEN ADD YOUR NEW JUDGE EFFECTIVE APRIL 1ST.

UH, FURTHER, IF IT TAKES YOU A LITTLE LONGER MM-HMM.

, YOU COULD JUST NOT ENTER INTO A NEW, UH, TERM OR AGREEMENT.

LET'S SAY MAYBE 30 DAYS AFTER APRIL 1ST.

IF YOU FINISH BY THE FIRST MEETING IN APRIL, THEN YOU WOULD STILL BE ABLE TO APPOINT NEW JUDGES BY THAT SECOND MEETING IN APRIL.

YOU WOULD JUST HAVE TO MAKE AN APPOINTMENT BY THE 90TH DAY AFTER THEIR TERM ENDS.

BECAUSE PURSUANT TO STATE LAW, THEY AUTOMATICALLY GET REAPPOINTED IF YOU DON'T ACTION.

SO, SO THAT'S WHAT I'M TRYING TO GET CLARITY.

SO THE WAY YOU SAID THAT APRIL 1ST, THEY AUTOMATICALLY, SO 90 DAYS AFTER APRIL 1ST.

OKAY.

SO THERE IS A 90 DAYS, THERE IS A, THERE IS A WINDOW.

YOU KNOW, OUR RECOMMENDATION WOULD BE THAT YOU TRY TO GET THAT DONE IF THAT'S WHAT YOU WANT TO DO AS SOON AS POSSIBLE BECAUSE YOU DON'T WANNA HIT THAT TIMELINE IF THAT'S WHAT YOU WOULD LIKE TO DO.

UH, BUT YOU DO HAVE THAT 90 DAY KIND OF GRACE PERIOD.

SURE.

SO YOU'RE ASKING FOR FEEDBACK.

MY FEEDBACK IS THAT I THINK AS CITY COUNCIL WHEN WE GOT TOGETHER IN THE RETREAT, WE KIND OF TALKED ABOUT, YOU KNOW, HAVING THIS MEETING WITH THE CURRENT JUDGES THAT WE CURRENTLY HAVE.

AND IT SEEMS THAT THAT'S COMING UP AT THE NEXT MEETING.

YES.

UM, AND AFTER THAT MEETING IS DONE, SO THAT'S JUST A MEET AND GREET.

CAUSE THERE'S SO MANY NEW PEOPLE ON COUNCIL THAT THEY HAVEN'T SEEN OR HAVE NOT MET.

I HAD THE OPPORTUNITY TO MEET ALL THREE, UH, OF 'EM HERE.

BUT I DO AGREE WITH COUNCIL MEMBER KLAUSER, IN FACT THAT IT'S NOT A BAD IDEA TO REOPEN THIS.

THAT'S MY FEEDBACK TO YOU IS TO OPEN IT UP AND SEE WHAT, WHAT'S OUT THERE AND TAKE A LOOK AT EVEN THE CURRENT ONES WHO ARE INTERESTED IN, IF THEY ARE INTERESTED IN.

SO I GUESS THE QUESTION IS, HAVE THE THREE JUDGES THAT WE HAVE, HAVE THEY CAME AND APPROACHED ANYONE? SAID THEY ARE INTERESTED IN MOVING FORWARD OR WE NEVER PUT IN YES.

SO THEY DID.

YES.

OKAY.

SO WITH THE 90 DAY GRACE PERIOD, I LIKE TO SEE THAT, UM, THAT WE LOOK AT THAT OPPORTUNITY TO SEE WHAT WE HAVE AS FAR AS TERM LIMITS IS CONCERNED.

I THINK THAT THIS CITY, THE CITY COUNCIL BODY, BODY OF CITY COUNCIL AT ANY TIME, UM, EVERY TWO YEARS, I WOULD ASSUME YES.

THAT HAVE AN OPPORTUNITY TO APPOINT, NOT APPOINT TO UH, BRING IN SOMEONE NEW MM-HMM.

SO YOU HAVE THAT OPPORTUNITY.

UM, SO THAT'S MY RECOMMENDATION.

I LIKE TO SEE THIS MEETING THAT COME UP.

AND THEN BASED OFF OF THERE, I STILL WOULD LIKE TO HAVE THIS BE OPEN SO THAT WE CAN TAKE A LOOK AT IT AND THEN WE AS A BODY, WE MOVE TOGETHER FROM THERE.

THAT'S MY RECOMMENDATION TO YOU.

OKAY.

COUNCIL MEMBER ANDRUS.

EJO, IS THERE A WAY TO STAGGER THESE WHERE WE DON'T HAVE TO VOTE ON ALL THREE AT ONE TIME TO, CUZ TO COUNCIL MEMBER BON'S POINT, WE DON'T WANT DISRUPTION.

YOU WANT SOME SORT OF RHYTHM, RIGHT? SO CAN WE STAGGER IT? SO NO, THEY ARE ALL ON THE SAME TERM CYCLE.

OKAY.

WHAT YOU COULD DO, IF YOU WOULD LIKE, YOU COULD APPOINT ONE OR TWO OF THE JUDGES THAT ARE CURRENTLY JUDGES AND THEN JUST HAVE OR CONSIDER ONE NEW APPLICANT.

UM, BUT RIGHT NOW THEY ARE ALL ON THE SAME TERM CYCLE, WHICH MEANS YOU WOULD HAVE TO RIGHT.

REMAIN ON THAT TERM CYCLE.

I'D BE INTERESTED IN HEARING FROM MY PEERS ON WHETHER OR NOT WE SHOULD HAVE, UH, DIFFERENT CYCLES SO THAT WAY WE DON'T HAVE A COMPLETE, YOU KNOW, UH, CHOICE.

THE OTHER ONE IS, UM, FOR ME IT'S, IT'S HARD TO MAKE A DECISION TONIGHT WITHOUT MEETING WITH THEM, WHICH IS SCHEDULED FOR NEXT WEEK.

SO I, I'M NOT OPPOSED TO GOING OUT AND GETTING NEW APPLICANTS THINK IT'S GOOD.

UM, BUT I CAN'T MAKE A DECISION TONIGHT CAUSE WE MEET WITH THEM NEXT MONTH OR NEXT WEEK.

I JUST WANTED TO POINT OUT THAT WE'RE REALLY NOT LOOKING FOR A DECISION TONIGHT.

OKAY.

CAUSE WE'LL BE RUNNING PARALLEL LOOKING FOR DIRECTION.

YOU CAN EITHER REAPPOINT THE EXISTING JUDGES OR WE CAN AT LEAST START THE PROCESS FOR PUTTING IT OUT FOR ADDITIONAL INTEREST.

AS YOU DON'T HAVE TO MAKE THAT DECISION.

I JUST NEEDED TO

[00:25:01]

GET, UM, DIRECTION FROM YOU AS IF THERE WAS EVEN AN INTEREST IN, UM, RECRUITING ADDITIONAL MUNICIPAL JUDGES.

IF THERE WAS NO INTEREST, THEN WE WOULD JUST END IT AND A OKAY.

AND REAPPOINT.

SO I GO BACK TO COUNCIL MEMBER MURS, YOU SAID YOU WANT TO HEAR FROM THE COUNCIL ON, UH, THESE TERMS, THE THREE, WHAT DO YOU MEAN BY THAT? BECAUSE I JUST HEARD EJ SAID THAT THEY'RE ALL UP AT ONE TIME, SO CAN YOU ELABORATE THAT ON A LITTLE BIT MORE? I WAS JUST THINKING KIND OF LIKE HOW WE'RE STAGGERED, RIGHT? WE HAVE DISTRICT SEATS ELECTION AND THEN WE HAVE AT LARGE, SO IT KIND OF GIVES US A BALANCE BETWEEN ELECTION CYCLES.

IS IT POSSIBLE TO HAVE A CYCLE FOR JUDGES AND CLEARLY BE ONE STANDALONE? IT'S KIND OF ODD, BUT JUST, I THINK JOYCE ANSWERED THE QUESTION.

IT'S FINE.

NOT, NOT LIKE YOU, YOU COULD HAVE IF SOMEONE RETIRED OR RESIGNED IN THE MIDDLE OF THE TERM, THAT COULD STAGGER IT FOR YOU.

BUT AT THIS TIME, EVERYONE IS ON THE SAME CYCLE.

MAYOR PRO TO MEMORY, UH, IN THAT WE HAVE, IN THAT WE HAVE THREE, UH, JUDGES AND WE GO OUT FOR, UH, A, UH, A LOOK AT WHAT'S AVAILABLE OUT THERE.

HOW WOULD WE DETERMINE WHICH ONE OF THESE THREE WE MIGHT WANT TO REPLACE? I MEAN, WE, WE DON'T HAVE ANY KIND OF EVALUATION SYSTEM, SO IF WE FIND ONE GOOD ONE, WHO WOULD, UH, WE ASKED TO, UH, UH, TO TAKE ONE OF THESE THREE CURRENT JUDGES PLACE.

SO I, IT'S A, IT'S A PROCESS.

SO, YOU KNOW, IF, IF WE GO OUT THERE AND DO THAT, I THINK WE NEED TO THINK ABOUT HOW ARE WE GOING TO, TO HANDLE THAT PARTICULAR TYPE OF SITUATION.

YES.

COUNCIL MEMBER KLAUSER, ONE THOUGHT WOULD BE TO ESSENTIALLY HAVE A SET OF INTERVIEW QUESTIONS THAT WE COME UP WITH AND EVERYBODY STARTS AT BASELINE, EVERYBODY INTERVIEWS FOR, UM, THEIR POSITION.

THAT WOULD BE THE ONLY FAIR WAY TO DO IT, I BELIEVE.

AND THEN WE CAN RANK JUST, JUST LIKE WE RANK, UH, COMMITTEES AND, YOU KNOW, WE, WE RANK THEM, WE GET, HAVE A SERIES OF METRICS THAT WE RANK ALL OF THEM.

SO, YEAH.

ALL RIGHT.

THANK YOU ALL.

ALL RIGHT.

I DON'T SEE ANYBODY ELSE.

WELL, THANK YOU.

I HAVE DIRECTION TO MOVE FORWARD AND CREATE, UM, RECRUITMENT FOR MUNICIPAL JUDGES.

UH, WELL, I MEAN, I LIKE TO GET A POLLING THAT WAS MINE AND I HAVEN'T HEARD FROM OTHERS.

SO WE'LL START WITH COUNCIL MEMBER ARRIVING.

YES.

COUNCIL MEMBER SONIA BROWN.

MARSHALL? YES, YES.

IS A YES, YES, YES, YES.

ALL RIGHT.

[(c) Consideration and Possible Action - Consider the City's Ethics Com...]

IEM NUMBER FOUR C, CONSIDERATION AND POSSIBLE ACTION.

CONSIDER THE CITY'S ETHICS COMMISSION REPORT ON PROPOSED CHANGES TO THE CITY'S ETHICS ORDINANCE PRESENTATION BY E JOYCE IMO, CITY ATTORNEY.

GOOD EVENING AGAIN, UH, MAYOR AND MEMBERS OF COUNCIL, THIS ITEM WAS INITIALLY PRESENTED TO YOU AT YOUR LAST COUNCIL MEETING, UH, AT WHICH YOU CONSIDERED THE ETHICS COMMISSION'S FIRST REPORT ON RECOMMENDED CHANGES TO THE ETHICS ORDINANCE.

THIS ITEM SERVES YOUR, YOUR STRATEGIC GOALS OF CREATING A GREAT PLACE TO LIVE, MAINTAINING A FINANCIALLY SOUND CITY GOVERNMENT, AND DEVELOPING A HIGH PERFORMANCE TEAM.

THIS SLIDE PROVIDES ALL OF THE PROPOSED, UH, RECOMMENDATIONS BY THE CITY'S ETHICS COMMISSION.

I'VE HIGHLIGHTED THOSE ITEMS THAT YOU ALL BROUGHT UP AT THE LAST REGULAR MEETING.

WE'VE ALSO INVITED, AGAIN, THE VICE CHAIR OF THE CITY'S ETHICS COMMISSION, SUSAN SOTO, WHO IS HERE TO DISCUSS, UH, THE COMMISSION'S RECOMMENDATIONS.

I WILL QUICKLY GO THROUGH THIS LIST AGAIN, AND WE, AFTER WHICH WE WILL HIGHLIGHT THE ITEMS THAT YOU ALL HAD QUESTIONS ABOUT.

THE FIRST ITEM WAS TO DEFINE CITY OFFICIAL TO INCLUDE FORMER CITY OFFICIALS.

THE SECOND ITEM REQUIRED NOTARIZING CITY, UH, COMPLAINTS SO THAT THERE COULD NO LONGER BE ANONYMOUS COMPLAINTS FILED.

THE NEXT ITEM PROVIDED A TIMELINE FOR FILING A COMPLAINT THAT EXTENDED THAT TIMELINE FROM SIX MONTHS TO 365 DAYS AFTER THE DATE OF VIOLATION IS ALLEGED TO HAVE OCCURRED, OR WITHIN 45 DAYS AFTER THE ALLEGED VIOLATION BECAME KNOWN OR SHOULD HAVE BEEN KNOWN.

THE NEXT ITEM PROVIDES THAT THE CITY SECRETARY WILL DETERMINE WHETHER OR NOT COMPLAINTS ARE ADMINISTRATIVELY

[00:30:01]

COMPLETE.

THE NEXT ITEM DEFERS THE PROCESS OF REVIEWING COMPLAINTS FOR, UM, WHEN THEY ARE FILED WITHIN 120 DAYS OF AN ELECTION.

THE NEXT ITEM PROVIDES ADDITIONAL NOTICE REQUIREMENTS TO THE RESPONDENT, AS WELL AS TO COUNSEL.

THE NEXT ITEM MAKES COMPLAINTS CONFIDENTIAL UNTIL THEY ARE DISMISSED OR SCHEDULED FOR A DETERMINATION HEARING.

THE NEXT ITEM EXPRESSLY PROHIBITS RETALIATION.

THE NEXT ITEM REQUIRES A JURISDICTIONAL DETERMINATION WITHIN 10 DAYS AFTER RECEIVING A COMPLAINT.

THIS WILL ALLOW THE COMMISSION TO DISMISS A CASE FOR WHICH THEY DON'T HAVE A JURISDICTION WITHOUT GOING OUT AND UTILIZING ANY OUTSIDE SERVICES.

THE NEXT ITEM PROVIDES THAT THE, UH, COMMISSION, UH, OR THE COMMISSION IS REQUIRED TO DESIGNATE AN INVESTIGATING ATTORNEY WITHIN 10 DAYS.

UH, I BELIEVE THIS IS ACTUALLY CALENDAR DAYS OF A DETERMINATION JURISDICTION.

THE NEXT ITEM REQUIRES A SUBMISSION OF A PRELIMINARY REPORT FROM THE INVESTIGATING ATTORNEY WITHIN 15 BUSINESS DAYS OF DESIGNATION.

THE NEXT ITEM REQUIRES THAT PRELIMINARY REPORT MEETING TO BE HELD WITHIN 15 DAYS AFTER THE REPORT IS SUBMITTED.

THE DE THE NEXT ITEM PROVIDES THAT THE INVESTIGATING ATTORNEY, UH, IS REQUIRED, UM, THAT IF AN INVESTIGATING IS REQUIRED, THE CITY ATTORNEY WILL PROVIDE THE COMMISSION WITH THREE RECOMMENDATIONS ON AN ATTORNEY, UH, TO REPRESENT THE OR TO, UH, DO THE INVESTIGATION.

THE NEXT ITEM REQUIRES FUNDING FOR THE COMMISSION FOR THOSE SERVICES.

THE NEXT ITEM ADDS SPECIFIC DEADLINES FOR VARIOUS SUBMISSIONS AND RELEASES.

THE NEXT ITEM AUTHORIZES THE CHAIR AND THE VICE-CHAIR TO GRANT EXTENSIONS FOR CERTAIN DEADLINES.

THE NEXT ITEM REQUIRES THE COMPLAINANT, NOT A CITY STAFF MEMBER TO PROSECUTE OR ASK QUESTIONS OF THE COMPLAINT, UH, AND THE RESPONDENT DURING THE COMMISSION PROCESS.

THE NEXT ITEM AUTHORIZES THE ETHICS COMMISSION TO IMPOSE CERTAIN SANCTIONS WITHOUT COUNCIL ACTION.

THE NEXT ITEM PROVIDES THAT THE COUNCIL MAY OR THE CITY MAY PUBLISH IN A NEWSPAPER OR ON THE CITY'S WEBSITE CERTAIN SANCTIONS SUCH AS CENSURES.

THE NEXT ITEM AUTHORIZES THE COMMISSION TO RECOMMEND THE SUSPENSION OR REMOVAL OF AN APPOINTED OFFICIAL.

THE NEXT ITEM REQUIRES COUNSEL ACTION ON ETHICS COMMISSION.

RECOMMENDATIONS.

AS YOU ALL KNOW, THE CURRENT ORDINANCE ONLY PROVIDES THAT YOU HAVE TO RECEIVE THE, THE RECOMMENDATIONS THE LAST ITEM PROVIDES FOR AN APPEAL OF A SANCTION TO THE ETHICS COMMISSION.

NOW, THE THE NEXT SLIDES GO INTO DEPTH ON THE QUESTIONS THAT WERE BROUGHT UP AT THE LAST MEETING.

THE FIRST ITEM RELATED TO THE TIMELINE FOR COMPLAINTS, AS MENTIONED, THE TIMELINE THAT IS PROPOSED BY THE ETHICS COMMISSION EXTENDS THE TIMEFRAME IN WHICH A PERSON IS ALLOWED TO SUBMIT AN ETHICS COMPLAINT.

IT EXTENDS IT FROM SIX, SIX MONTHS FROM THE DATE OF THE VIOLATION TO 365 DAYS AFTER THE DA, THE DATE OF THE VIOLATION.

SO IT IN EFFECT, GIVES A PERSON MORE TIME, UM, TO SUBMIT AN ETHICS COMPLAINT.

THE NEXT ITEM IS THE DESIGNATION OF THE ATTORNEY AND PROVIDES FOR RECOMMENDATIONS BY THE CITY ATTORNEY.

AND SOME OF THE PREVIOUS CASES, THERE WERE QUESTIONS THAT CAME UP ABOUT WHETHER AN ATTORNEY SHOULD BE DESIGNATED HOW THAT ATTORNEY WAS SELECTED.

THE COMMISSION'S RECOMMENDATION WAS TO RECEIVE THREE RECOMMENDATIONS FROM THE CITY ATTORNEY'S OFFICE AND FROM THOSE THREE, HAVE THE COMMISSION SELECT THE INVESTIGATING ATTORNEY.

SO THAT'S THE, UH, OR THE IMPETUS FOR THAT, UH, RECOMMENDATION FROM THE THE COMMISSION.

THE NEXT ITEM REQUIRES FUNDING.

AGAIN, THIS RELATES TO THE PREVIOUS ITEM.

THIS RELATES TO PROVIDING FUNDING IF AN OUTSIDE ATTORNEY IS UTILIZED FOR THE INVESTIGATION.

AGAIN, IT DOESN'T ALWAYS HAVE TO BE, UH, A, AN OUTSIDE ATTORNEY IF IT'S A COMMISSION.

THE CITY ATTORNEY'S OFFICE WOULD RECOMMEND THAT THE CITY ATTORNEY'S OFFICE REPRESENT OR PROVIDE THAT INVESTIGATION, UH, THOSE INVESTIGATION SERVICES TO MINIMIZE COSTS.

BUT IN THE EVENT THAT AN EXTERNAL COUNSEL IS REQUIRED OR DESIRED, THIS WOULD PROVIDE FUNDING FOR THE COMMISSION FOR THAT PURPOSE.

THE NEXT ITEM, UH, PROVIDES THE COMMISSION THE AUTHORITY TO SANCTION WITHOUT COUNSEL ACTION.

UM, THIS IS JUST SOMETHING THAT THEY FELT WAS IMPORTANT FOR THEM TO HAVE.

UH, MS. OKE DISCUSSED THIS A LITTLE BIT MORE.

I BELIEVE THIS IS WHY SHE WAS THE NO VOTE, UM, ON THE COMMISSION FOR THE REPORT.

BUT THIS IS SOMETHING THAT A LOT OF THEM FELT, OR MAJORITY OF THEM FELT THAT THEY WANTED TO HAVE IF THERE WAS A SEVERE CASE, UH, A VIOLATION,

[00:35:01]

A SIGNIFICANT VIOLATION, THEY WANTED THE AUTHORITY TO, TO TAKE ACTION ON THAT TYPE OF VIOLATION.

THE QUESTION CAME UP AS TO WHETHER, UH, ETHICS COMMISSIONS ARE ABLE TO PROVIDE SANCTIONS WITHOUT COUNCIL ACTION.

SO THIS IS JUST A SAMPLE LIST OF CITIES THAT DO AUTHORIZE THEIR ETHICS COMMISSIONS TO IMPOSE SANCTIONS WITHOUT COUNCIL ACTION.

THEY INCLUDE AUSTIN, HOUSTON, LAKE CITY, PEARLAND, SAN MARCOS, AND SUGARLAND.

A QUESTION ALSO CAME UP ABOUT THE PUBLICATION OF CENS.

UH, WE, I WAS ONLY ABLE TO FIND THREE CITIES THAT ACTUALLY PUBLISH SANCTIONS.

THEY ARE AUSTIN, UH, PEARLAND AND PEARLAND PUBLISHES THEM IN THE PUBLIC RECORDS, AND SUGARLAND, UH, PUBLISHES THEM IN THE NEWSPAPER.

BUT AGAIN, THESE ARE ONLY FOR EGREGIOUS VIOLATIONS OF ETHICS RULES.

UH, THE COUNCIL, AS YOU ALL KNOW, DURING YOUR, UH, RETREAT A FEW WEEKS AGO, HAD A FEW CHANGES AS WELL.

THIS SLIDE INCLUDES THOSE CHANGES.

THE ONLY, OR THE AT LEAST ONE DIFFERENCE BETWEEN, UH, YOUR PROPOSALS AS WELL AS THE COMMISSIONS, IS THAT YOU RECOMMENDED HAVING THE PRELIMINARY REPORT HEARING CONDUCTED SEVEN BUSINESS DAYS AFTER THE REPORT IS SUBMITTED VERSUS THE 15 DAYS PROPOSED BY THE ETHICS COMMISSION.

WITH THAT, I WILL, UH, TURN IT OVER TO MS. SOTO AND ALLOW HER TO ANSWER ANY SPECIFIC QUESTIONS YOU ALL HAVE ABOUT COMMISSION RECOMMENDATIONS.

THANK YOU.

THANK YOU.

GOOD EVENING, MAYOR.

COUNCIL, CITY STAFF.

UM, AS A PREFACE TO ME ADDRESSING YOUR QUESTIONS OR CONCERNS, UM, AS THE PRESIDING MEMBER OF THE ETHICS COMMISSION THAT EVENING WHEN WE DISCUSSED CHANGES, I CAN TELL YOU THAT, UM, THE CHANGES OR ADDITIONS THAT WE ARE PROPOSING WOULD FALL UNDER THREE MAIN CATEGORIES.

ONE MAIN CATEGORY IS MAKING THE PROCESS EASIER AND MORE USER FRIENDLY.

THE SECOND CATEGORY WOULD BE LOGISTICS.

WE'VE ADDRESSED SINCE THE COMMISSION WAS FORMED, TWO COMPLAINTS ALREADY, AND BEING THE INAUGURAL COMMISSION IS AN HONOR, BUT ALSO A CHALLENGE.

WE NOBODY HAD DONE THAT BEFORE.

AND SO, RUNNING THE COMPLAINTS THROUGH THE PROCESS, WE ARE RECOMMENDING SOME CHANGES JUST BASED ON LOGISTICS AND MAKING THINGS RUN SMOOTHLY.

THE THIRD CATEGORY OF CHANGES THAT WE DISCUSSED AT OUR MEETING ARE CHANGES THAT WOULD MAINTAIN THE INTEGRITY OF THE COMMISSION ITSELF AND OF THE PROCESS, WHICH YOU ALL HONORED BY IMPLEMENTING THIS ORDINANCE.

SO THAT KIND OF GIVES YOU A, A MEASURING STICK, UM, WITH WHICH YOU CAN COMPARE WHEN YOU'RE CONSIDERING THESE DIFFERENT CHANGES.

AND I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE OR GIVE ANY CLARIFICATION.

ALL RIGHT.

THANK YOU.

WE HAVE, UH, IF YOU HAVE QUESTIONS, PLEASE PUT IN THE QUEUE AND ADDRESS THAT QUESTION TO EITHER CITY ATTORNEY OR CITY STAFF, OR TO THE WEISS CHAIR.

WE START OFF WITH, UH, COUNCIL MEMBER BONY.

UH, HEY, HOW ARE YOU DOING? UM, SUSAN.

THANK YOU.

VICE CHAIR.

UH, THANK YOU FOR YOUR SERVICE.

UM, I WANTED TO KNOW, UH, A FEW THINGS I HAD QUESTIONS ABOUT, BUT ONE OF THEM YOU JUST BROUGHT UP ABOUT LOGISTICS.

YOU HAD TWO, UH, COMPLAINTS THAT CAME BEFORE YOU, AND BOTH OF THEM, I GUESS, WERE, I GUESS, UH, YOU DIDN'T FEEL AS A COMMISSION THAT YOU HAD THE TIME, OR WHAT WERE THE LOGISTICAL CHALLENGES? I GUESS MAYBE THAT'S THE BETTER QUESTION I HAVE, THE FIRST COMPLAINT ENDED UP BEING MOOT.

IT WAS ABOUT A CITY OFFICIAL THAT WAS NO LONGER IN OFFICE.

THE SECOND COMPLAINT, UM, ADDRESSED THE SAME SORT OF CONCERNS, AND THAT ALSO BECAME MOOT.

SO WE JUST DIDN'T HAVE JURISDICTION TO HANDLE EITHER ONE.

SO, TH THAT HAD NOTHING TO DO WITH THE, THE CURRENT S THE CURRENT, UH, I GUESS, UH, HOW YOU'RE OPERATING CURRENTLY, THOSE, WHETHER THESE CHANGES WERE IN PLACE OR NOT, YOU'RE SAYING THAT YOU WOULD'VE COME BELIEVABLY TO THE SAME DECISIONS? LIKELY, YES.

OKAY.

IT WAS A QUESTION OF TIMELINES AND APPOINTMENT OF AN INVESTIGATING ATTORNEY AND THINGS LIKE THAT, THAT WE WRESTLED WITH AS WE PROCESSED THOSE TWO COMPLAINTS.

OKAY.

MY OTHER QUESTION, UM, CENTERED AROUND THE, UM, THE SANCTIONS, CAN YOU, UH, WALK US THROUGH THAT CONVERSATION AS WHY THAT IS BEING, UH, RECOMMENDED WITHOUT COUNCIL ACTION? YES.

THERE WERE SEVERAL COMMISSIONERS WHO FELT VERY STRONGLY THAT IF WE'RE TAKING THE TIME AND EFFORT AND PUBLIC DOLLARS TO GO THROUGH THIS PROCESS AND INVESTIGATE A

[00:40:01]

COMPLAINT, EVEN IF WE FIND THAT, UM, THERE IS SANCTIONABLE CONDUCT OR THERE IS SOMETHING THAT CERTAINLY DOES NOT STAND FOR THE ETHICS OF MISSOURI CITY, THE CONCERN WAS IF COUNSEL HAS THE OPTION TO DO NOTHING AFTER THE COMMISSION HAS SPENT TIME INVESTIGATING, HEARING THE EVIDENCE, HEARING TESTIMONY, UM, THEN TO PUT IT IN LAYMAN'S TERMS, WHAT'S THE POINT? MM-HMM.

NOT TO SAY THAT, UM, WITH CHANGES STARTING WITH THE IMPLEMENTATION OF AN ETHICS ORDINANCE, UM, THAT THAT WOULD BE THE CASE OR THE COUNCIL MEMBERS PRESENTLY ON COUNCIL.

BUT THERE WAS CONCERN FROM SEVERAL, UH, MISSIONERS.

I DID TAKE EXCEPTION TO THAT CONCERN AND THAT RECOMMENDATION, NOT ONLY AS AN OFFICER OF THE COURT OF THE STATE OF TEXAS, BUT ALSO AS A CITIZEN OF MISSOURI CITY, UM, AS A CITIZEN, AND I'LL JUST USE MYSELF AS AN EXAMPLE.

I DID NOT ELECT THE COMMISSIONERS ON THE ETHICS COMMISSION, AND FOR THEM TO BE ABLE TO TAKE STRONG SANCTIONS, INCLUDING DISMISSAL, INVADES THE PROVINCE OF COUNCIL AND THE CITY MANAGER, UM, WHICH IS JUST SOMETHING THAT I COULD NOT SUPPORT.

I, I DO UNDERSTAND THE CONCERN.

WHAT WOULD BE THE POINT IF WE DO THE WORK, MAKE A RECOMMENDATION, AND THEN COUNSEL SAYS, OH, BUT THEY CAME TO MY SON'S BIRTHDAY PARTY, OR, OH, YOU'RE, I MEAN, I, YOU COULD BE 101 REASONS.

MM-HMM.

, I UNDERSTAND THAT CONCERN, BUT I CAN'T SUPPORT THAT SUGGESTED, UM, MODIFICATION TO THE ORDINANCE.

THAT'S WHY I, UM, ABSTAINED FROM THE VOTE THAT NIGHT.

I SUPPORT OTHER CHANGES, BUT NOT THAT ONE.

AND THEN THE LAST THING, UM, AND I'LL BE DONE, UM, MAYOR IS ABOUT THE, THE PROVIDING OF, UH, FUNDING.

UM, UM, WHAT DO, WHAT DO YOU, UM, WHAT DO YOU, WHY DO YOU, UM, I GUESS COMMISSION FUNDING, WHY DO YOU ALL FEEL THAT YOU NEED ADDITIONAL FUNDING TO PAY FOR THE INVESTIGATING ATTORNEYS? SO THIS WOULD NOT, SO IN OTHER WORDS, NOT COMING OUTTA YOUR BUDGET.

OKAY.

ALRIGHT.

MAKES SENSE.

THANK YOU.

ALL RIGHT.

COUNCIL MEMBER RILEY, THANK YOU, UM, FOR THE PRESENTATION.

UM, ACTUALLY, MY QUESTIONS WILL BE DIRECTED TOWARDS THE ATTORNEY.

UM, SO I JUST WANTED TO BE CLEAR.

I APPRECIATE YOUR TIME.

AND THEN LET ME ALSO SAY, UM, I DEFINITELY APPRECIATE THE COMMISSION COMMISSIONER'S, YOU KNOW, TIME AND EFFORT AND EVERYTHING THAT YOU SAY YOU HAVE VALID, VALID, UM, POINTS.

UM, E JOYCES, MY QUESTION IS, UH, WHAT ARE CONSIDERED EGREGIOUS VIOLATIONS? BECAUSE YOU MADE THAT, THAT STATEMENT IN YOUR PRESENTATION? SURE.

THE WAY, UM, THOSE TYPES OF VIOLATIONS ARE DEFINED NOW, IT'S REPEATED VIOLATIONS.

SO IT WOULD, IT WOULD BE, AS YOU ALL KNOW, THERE'S A, A CODE OF CONDUCT, ESSENTIALLY, BUT REPEATED VIOLATIONS OF THOSE ITEMS WOULD BE CONSIDERED EGREGIOUS.

OKAY.

SO THEN MY STATEMENT WOULD BE, UM, IF THE COUNCIL SO CHOOSES TO PROCEED WITH THE SPECIFIC ITEM THAT THE COUNT COMMISSIONERS ARE REQUESTING ON HAVING CONTROL TO MAKE DECISIONS WITHOUT COUNSEL, UM, FINAL DECISION, MY REQUEST, UH, WOULD BE TO, TO REGULATE WHAT THOSE VIOLATIONS WOULD LOOK LIKE THAT COUNCIL WOULD HA WOULD HAVE FINAL DECISION ON.

AND THE SECOND WOULD BE TO ALL, WE BASICALLY WOULD NEED TO REGULATE WHAT, WHAT TYPE OF VIOLATIONS THE COMMISSIONS WOULD BE ALLOWED TO MAKE ON THEIR OWN VERSUS COMING BEFORE COUNCIL.

AND THE SECOND ONE WOULD BE ANYTIME THERE ARE, UM, OUTSIDE ATTORNEYS AND TAX DOLLARS BEING DISPERSED TO OUTSIDE COUNCIL, UH, THAT WOULD HAVE TO BE A DECISION, UH, MADE FINAL FOR, UH, FOR COUNCIL.

THANK YOU.

COUNCIL OF OUR RULERS.

UH, WELL, COUNCIL MEMBER BONY ANSWERED THE QUESTION ABOUT FUNDING.

SO IT COMES OUTTA EJO POCKET.

UM, SUSAN, THANK YOU FOR COMING THIS EVENING.

SO, UH, AROUND ITEM NUMBER 19, ALLOWING PUBLICATION, NEWSPAPER OR CITY'S WEBSITE FOR CERTAIN SANCTIONS.

ARE YOU PROHIBITED NOW OR YOU JUST WANT THAT LANGUAGE PUT IN THERE SO THAT YOU HAVE IT SPELLED OUT? I DO NOT BELIEVE THAT THE ORDINANCE PROHIBITS, BUT THE COMMISSIONERS FELT THAT, AGAIN, THAT LEVEL OF TRANSPARENCY, OKAY.

TO LET THE PUBLIC KNOW WHAT HAPPENED, UM, WOULD, WOULD BE BENEFICIAL

[00:45:01]

TO OUR COMMUNITY.

OKAY.

AND THEN AS FAR AS THE, UM, UH, NUMBER 18, IMPOSE CERTAIN SANCTIONS WITHOUT COUNCIL ACTION, HOW WOULD THAT LOOK? SO YOU GUYS TAKE A VOTE, DECISION IS TO TERMINATE OR EXIT.

WOULD YOU GO TO THE CITY ATTORNEY AT THAT POINT AND UPDATE HER AND THEN COME TO US? OR IS THERE A CHECK AND BALANCE BETWEEN YOUR DECISION AND THE CITY ATTORNEY? I GUESS SO THE CITY ATTORNEY ATTENDS THOSE MEETINGS, SO A MEMBER OF MY TEAM OR MYSELF, WOULD ATTEND THOSE MEETINGS.

OKAY.

SO WE WOULD BE THERE, THERE'S NOTHING IN THE ORDINANCE, UH, NOW WE'RE PROPOSED THAT WOULD ALLOW TERMINATION.

THEY'RE ABLE TO RECOMMEND, UH, THE DISMISSAL UNDER THE PROPOSED ORDINANCE, THE DISMISSAL OF AN APPOINTED OFFICIAL, BUT THEY'RE NOT ABLE TO, UH, DO THAT ON THEIR OWN WITHOUT SOME SORT OF COUNCIL ACTION.

I BELIEVE THAT THE INTENT, AND I DON'T WANNA TO SPEAK FOR YOU ALL, BUT JUST HEARING THE DISCUSSION, I BELIEVE THAT THE INTENT TO TAKE, UM, THAT KIND OF ACTION WOULD BE, FOR EXAMPLE, FOR THE CENSURE.

WHEREAS YOU MIGHT HAVE, AND I HAVE INCLUDED EXAMPLES IN YOUR PACKET, WHERE OTHER CITIES HAVE DONE CENSURE, UH, BUT INSTEAD OF IT SAYING THE CITY COUNCIL HEREBY CENSURES, IT WOULD BE THE ETHICS COMMISSION HEREBY CENSURES, SO AND SO WE'RE VIOLATING CODE OF CONDUCT, WHATEVER THE NUMBER IS.

OKAY.

THAT'S HELPFUL.

ALL RIGHT.

I DO HAVE A COUPLE THINGS.

UHWE SARASOTO, THANK YOU SO MUCH FOR BEING HERE.

UM, YOU'RE RIGHT.

YOU KNOW, WE PUT IN THE ETHICS COMMISSION, UM, AND WE HAVE PICKED, YOU KNOW, A GROUP OF PEOPLE OUT OF APPLICANTS AND THEN COMES BEFORE YOU, TWO DIFFERENT ISSUES, UH, THAT NEEDED SOME TYPE OF ADDRESS.

MY COMMENT BACK TO IS TO CITY ATTORNEY, I BELIEVE I, AS WE MAKE THESE CHANGES, WE NEED TO HAVE SOME CONCRETE TIMELINES OF, WHEN I SAY TIMELINES, I'M TALKING ABOUT FROM THE INCEPTION OF THE COMPLAINT THAT WHOEVER RECEIVES, WHETHER IT'S CITY SECRETARY'S OFFICE OR YOUR OFFICE, TO THE TIME THAT IT GETS TOO DUMB TO FINDING AN ATTORNEY OR OUTSIDE GROUP OR WHAT HAVE YOU, BECAUSE I, YOU KNOW, I'M NOT GONNA GO INTO THE DETAILS OF THE, WHAT THE ISSUE WAS, BUT THERE'S BEEN CONCERNS FROM THE COMPLAINER THAT IT HAS TAKEN OVER TWO, THREE MONTHS BEFORE AN ACTION BY THE CITY THAT HAS TAKEN PLACE OR MOVED, MOVED ON, THEREFORE.

SO MY SUGGESTION IS MOVING FORWARD, MAKING SURE THAT SOMEWHERE IN THESE PROPOSED CHANGES THAT YOU HAVE A, A CLEAR CUT TIMELINE.

SO IF A PERSON WHO DECIDES TO FILE A COMPLAINT KNOW WHAT THE TIMELINE FROM THE TIME THAT THAT WAS RECEIVED BY WHOEVER'S OFFICE.

SO I HOPE THAT YOU CAN PUT THAT INTO PLACE.

AND THEN WE MOVED FROM THERE.

YES, SIR.

AND THIS PROPOSED, OR THE PROPOSED CHANGES BY THE COMMISSION INCLUDE A MORE DEFINITE TIMELINE.

AND, UH, ASSISTANT CITY ATTORNEY, UH, NUNEZ GARZA HAS ALSO PREPARED JUST A DEPICTION.

AND THAT'S GOING AROUND, UM, THAT SHOWS WHAT THIS PROPOSED TIMELINE WOULD LOOK LIKE, UH, IF THOSE CHANGES ARE ADOPTED.

OKAY.

ONE RECOMMENDATION THAT STAFF WOULD HAVE, IN ADDITION TO WHAT THE COMMISSION HAS PROPOSED WOULD BE TO, UM, THERE ARE SEVERAL REFERENCES TO CALENDAR DAYS AND BUSINESS DAYS.

AND YOU ALL HAD A, A LIVELY DISCUSSION AS WELL ABOUT THIS.

AT THE RETREAT, WE WOULD ASK THAT WE MOVE THE TIMES TO BUSINESS DAYS, UH, JUST SO THERE'S NOT CONFUSION, WHETHER IT'S ME HERE OR SOMEONE ELSE, OR, UH, THE, THE CHAIR, THE VICE CHAIR.

I THINK IT WOULD BE BETTER TO BE CONSISTENT.

AND SO OUR RECOMMENDATION WOULD BE THAT YOU MOVE THOSE TIMES TO, UH, BUSINESS, BUSINESS DAYS.

UH, AND PERHAPS CONSIDER, RIGHT NOW WE HAVE A PROPOSED 168 DAY PROCESS.

CONSIDER TAKING OUT MAYBE THE APPEAL PROCESS, UH, TO MAKE IT 138 DAYS, AND THEN YOU WOULD HAVE, IT WOULD BE ABOUT FOUR MONTHS FOR THE CONSIDERATION FROM BEGINNING TO END.

UH, BUT AGAIN, CONSIDER UTILIZING EITHER JUST BUSINESS DAYS OR CALENDAR DAYS, JUST SO IT'S CONSISTENT.

ALL RIGHT.

THANK YOU.

I YIELD BACK, UH, COUNCIL MEMBER, BONNIE? YES.

UH, THANK YOU, MAYOR.

I JUST WANTED TO, UH, KIND OF TALK ABOUT WHAT I KIND OF BELIEVE IS THE ELEPHANT IN THE ROOM.

YOU KNOW, I THINK THAT A LOT OF CONCERN PROBABLY CENTERS AROUND, UM, YOU KNOW, A CONCERN THAT THIS

[00:50:01]

COMMISSION, ETHICS COMMISSION, UH, COULD BE WEAPONIZED TO BE HARMFUL TO INDIVIDUALS.

AND KEEP IN MIND, WHEN WE TALK ABOUT CITY OFFICIALS, BOTH PRESIDENT AND FORMER, IT'S NOT JUST THESE COUNCIL MEMBERS AND MAYOR THAT'S ON THE DAAZ, IT'S ALSO THE APPOINTED OFFICIALS THAT THIS IS APPLICABLE TO AS WELL AS YOU ALL WHO SERVE ON BOARDS AND COMMISSIONS AND COMMITTEES.

UH, AND I SAY ALL THAT, I BRING THAT UP BECAUSE I THINK THAT'S PROBABLY A CONCERN THAT EVERYBODY SHOULD HAVE.

YOU KNOW, THAT, THAT THIS DOESN'T BECOME A, SOME SORT OF A KANGAROO COURT AND USE TO A ATTACK OR, UH, GET REVENGE OR WHATNOT ON, ON COLLEAGUES OR INDIVIDUALS.

AND I'M BRINGING THAT UP BECAUSE, UH, I HAVE NO PROBLEM WITH YOU ALL BEING EMPOWERED TO BRING SANCTIONS.

I DO TO COUNCIL MEMBER, UM, RILEY'S POINT BELIEVE THAT THERE MAY BE TWO INSTANCES WHERE I FEEL, UM, IT SHOULD COME BEFORE COUNCIL IN THAT WE SHOULD STRONGLY BE, UH, INVOLVED IN THAT PROCESS.

ONE BEING CENSURE, UM, BECAUSE WE'RE TALKING ABOUT THE CENSURING OF ONE OF OUR, OUR OWN UP HERE.

UM, YOU KNOW, AS PART OF THIS, THIS, UM, THIS DAY IS IN THIS BODY, THIS GOVERNING BODY, ELECTED BY THE PEOPLE.

THE OTHER, UH, IS IF ANYTHING WERE TO EVER GO TO, UM, SOME SORT OF A CRIMINAL TYPE OF A SITUATION WHEREBY, YOU KNOW, SOMEONE IS HAVING SOMETHING GONE TO THE DA OR, UH, I'VE SEEN THAT HAPPEN TO, TO, YOU KNOW, SOME OF MY COLLEAGUES EVEN.

UH, AND IT'S, AND IT'S NOT GOOD, YOU KNOW, UH, AND YOU, THE, THE OPTICS ARE THAT YOU DID SOMETHING WRONG, EVEN IF YOU DIDN'T.

UH, AND WHEN SOMETHING LIKE THAT HAPPENS, YOU KNOW, YOU HAVE TO BE CONSIDERATE OF THE FACT THAT THESE PEOPLE HAVE, YOU KNOW, LIVELIHOODS AND THINGS OF THAT NATURE.

BUT AT ANY RATE, UM, I, I, I'M, UH, NOT OPPOSED TO, UH, THE CHANGES THAT ARE BEING BROUGHT FORTH BY THE ETHICS COMMISSION, THANK YOU ALL SO MUCH FOR, UH, BEING, UH, YOU KNOW, I GUESS ENGAGED AND INVOLVED TO THE POINT WHERE THIS IS IMPORTANT TO YOU AND YOU SEE THE VALUE IN IT.

BUT I, AGAIN, I DON'T HAVE A PROBLEM WITH THE SANCTIONS AT ALL, WITH THE EXCEPTION OF THE FACT THAT I THINK MAYBE A FINAL, YOU KNOW, I GUESS RUBBER STAMP, IF YOU WILL, WOULD BE COUNSEL ON THOSE TWO ITEMS. BUT THOSE ARE MY THOUGHTS.

THANK YOU.

THANK YOU.

MAY I APPROACH IN MEMORY? UH, YES.

UH, I WANTED TO, UH, TALK A LITTLE BIT ABOUT, UH, THAT ITEM 18 AS FAR AS, UH, ACTION BEING TAKEN BY THE, UH, ETHICS COMMITTEE AND NOT COMING TO THE COUNCIL.

AND I BELIEVE YOU, UH, LISTED, IF I'M NOT MISTAKEN, FOUR OR FIVE CITIES THAT, UH, HAVE THAT, UH, IN THEIR, UH, UH, THEIR, THEIR, UH, PROCEDURES.

UH, IS THERE ANY WAY THAT WE CAN DE DETERMINE OR, OR SEE WHAT THOSE GUIDELINES ARE FOR EACH OF THOSE SO THAT, YOU KNOW, WHEN WE SAY THAT THIS IS SOMETHING WE WANT TO DO AND OTHERS ARE DOING IT, THAT WE'VE GOT, UH, A GOOD UNDERSTANDING OF THE TYPES OF ITEMS THAT, UH, WE'RE, UM, UH, GOING TO, UH, ALLOW THE, UH, ETHICS COMMITTEE TO, UH, UH, TO HANDLE AND NOT COME THROUGH THE, UH, THE COUNCIL? CERTAINLY.

AND, YOU KNOW, JUST FROM MEMORY, I CAN TELL YOU THAT A LOT OF THOSE CITIES REQUIRE THAT FOR THE SERIOUS AND REPEATED VIOLATIONS.

BUT WHAT WE CAN DO IS MAYBE ADD ANOTHER, UH, WORKSHOP.

I BELIEVE YOUR QUARTERLY RETREAT MIGHT BE COMING UP IN THE NEXT MONTH OR SO.

WE CAN PRESENT THIS AGAIN AND HAVE THOSE ITEMS AS WELL, SO THAT YOU CAN TAKE A LOOK AT THOSE ORDINANCES, BECAUSE I, WE HAVE, I MEAN, WE HAVE THEM IN OUR FILES CERTAINLY, SO WE CAN PROVIDE THEM TO YOU.

YEP.

I, I, I DON'T HAVE A PROBLEM WITH PROVIDING THAT, UH, THAT AUTHORITY OR POWER TO THE, UH, ETHICS, UH, COMMISSION.

I JUST WANNA MAKE SURE THAT WHEN WE GIVE THEM THAT POWER, WE KNOW WHAT THE GUIDELINES OR THE, OR THE GUARDRAILS ARE THAT THEY CAN'T, UM, UH, UH, OBJECT TO OR NOT OBJECT TO, BUT, UH, INVOKE.

OKAY.

THANK YOU.

WE HAVE COUNCIL MEMBER BROWN MARSHALL.

THANK YOU.

THANK YOU MS. SUSAN SOTO FOR COMING TONIGHT.

SO I'M NOT REALLY SURE WHO THIS QUESTION IS GONNA BE FOR.

SO MY FIRST QUESTION IS, IN LIEU OF THE COMMISSION, POSSIBLY EVEN MAKING THE FINAL DECISION, WOULD WE BE, UM, WOULD WE MAYBE CONSIDER LETTING THEM MAKING THEIR DECISION, BUT THEN WE DO SOME TYPE OF CONCURRENCE THAT WAY IT GETS AN OPPORTUNITY TO COME BACK.

I THOUGHT THAT'S HOW IT WAS NOW, RIGHT? IS IT, OH, I'M SORRY.

SO RIGHT NOW IT'S A RECOMMENDATION FROM THE COMMISSION, AND THEN IT COMES BACK TO COUNCIL.

MM-HMM.

AND COUNCIL DECIDES HOW IT WANTS TO RIGHT.

ADDRESS THE MATTER.

SO IT, IT WOULD COME TO, CURRENTLY IT WOULD BE A RECOMMENDATION.

CORRECT.

BUT EVEN IF WE, THAT WAY IT CAN

[00:55:01]

STILL SAY BY THE AUTHORITY OF THE ETHICS COMMISSION, AND ALL WE'RE DOING IS JUST LOOKING AT IT.

RIGHT.

I'M JUST TRYING TO FIGURE OUT A WAY SO THAT WE'RE STILL SOMEWHAT IN THE LOOP, AT LEAST LOOKING AT IT.

THAT'S WHAT I MEANT BY CHECK AND BALANCE.

RIGHT.

IS THAT YOUR COMING? THAT'S IT.

ALRIGHT.

WE HAVE COUNCIL.

THANK YOU.

UM, AGAIN, THANK YOU SUSAN FOR, UM, ALL OF Y'ALL'S HARD WORK AND DEDICATION.

UM, AND I THINK WE AS KINDA, WE'RE JUST TRYING TO GET A REALLY GOOD UNDERSTANDING ON HOW WE'RE GONNA, UH, BE ABLE TO MOVE FORWARD.

THIS, THIS PARTICULAR QUESTION, UM, IS REALLY JUST GETTING TO THE, TO THE NUTS AND BOLTS WITH, WITH Y'ALL'S CONVERSATIONS AROUND ALL OF THE CHANGES.

UM, AND OF COURSE THE HAVING THAT CONTROL, UM, WITH THE ETHICS COMMISSIONS TO BE ABLE TO MAKE THOSE FINAL DECISIONS AND NOT HAVE ANYTHING OVERTURNED BY COUNCIL.

UM, DID ANYONE DISCUSS, UM, THAT IF WE DO NOT, UM, AGREE ON THAT PARTICULAR POINT OF GIVING THE COUNCIL FULL, GIVING THE, THE COMMISSIONS FOR CONTROL, WAS ANYONE INTERESTED OR SPOKE ABOUT, UH, DISBANDING THE ETHICS COMMISSIONS OR LEAVING THE COMMISSIONS? UH, JUST FOR WHATEVER REASONS? NO, THERE WAS NO, UM, DISCUSSION OF ANYONE'S INTENT.

UH, EVERYONE WHO WAS AT, AT THE MEETING THAT NIGHT WAS AWARE THAT THESE WERE SIMPLY RECOMMENDATIONS FOR YOU ALL.

OKAY.

THANK YOU.

COUNCIL MEMBER BONNEY, I'LL JUST BE BRIEF.

I WAS IN RESPONSE TO COUNCILWOMAN BROWN MARSHALL, UM, YOU KNOW, RECOMMENDATIONS WAS CALLED, BUT I KIND OF TOOK IT AS SUCH, THE RECOMMENDATION I FELT WAS THE DECISION BY THE ETHICS COMMISSION THAT WOULD COME BEFORE US FOR CONCURRENCE, IF YOU, THAT'S WHAT YOU WANNA CALL IT, BUT FOR APPROVAL OR, YOU KNOW, TO, TO RUBBER STAMP IN ESSENCE THAT, BUT I DO FEEL LIKE I DON'T WANT TO HINDER THE ETHICS COMMISSION'S ABILITY TO DO SANCTIONS OF ANY SORT IS, BUT I MEAN, THERE ARE CERTAIN ONES THAT I FEEL LIKE WE SHOULD JUST REALLY BE, WE NEED TO THINK THROUGH, TALK THROUGH, JUST TO MAKE SURE WE FLESH IT OUT AND KIND OF KNOW HOW THAT'S GONNA FLOW AND WHAT THE, THE END RESULT'S GONNA BE AND HOW THAT WOULD IMPACT THE INDIVIDUALS IN QUESTION.

UH, THAT'S JUST AGAIN, MY SUGGESTION, BUT I THINK IT'S WORTHY OF A, OF A DISCUSSION.

I MEAN, YOU KNOW, UH, WHEN I, WHEN I PROPOSED THIS, THIS, UH, THIS ETHICS COMMISSION TO, TO, UH, OUR CITY ATTORNEY, YOU KNOW, OF COURSE I, I KNEW THAT THIS WAS, THE REASON THAT THIS WAS PROPOSED WAS BECAUSE OF SOME OF THE ACTIVITIES THAT WERE HAPPENING THAT WE HAD NO ABILITY TO DEAL WITH, UH, FROM A, I GUESS A PERSPECTIVE, CUZ WE WERE ALL ON THE DESK AND IT WAS DEEMED POLITICAL.

BUT HAVING THIS THIRD PARTY TO BE ABLE TO REVIEW THE SITUATION AND THEN ANALYZE ALL OF THIS BASED OFF OF FACTS AND INFORMATION, AND THEN MAKE A RECOMMENDATION THAT WOULD BE THEN BROUGHT TO US AS THEIR DECISION.

YOU KNOW, I, THAT'S WHAT I WANT, I WANT YOU ALL EMPOWERED TO BE ABLE TO DO THAT.

BUT AGAIN, THOSE TWO THINGS, AGAIN, CENSURING, AND THEN THE, THE, THE LEGAL ASPECT WHEN YOU START TALKING ABOUT GOING TO THE, THE DISTRICT ATTORNEY AND THE TE TEXAS ETHICS COMMISSION AND ALL THESE OTHER, YOU KNOW, AGENCIES, YOU KNOW, MAYBE THERE'S SOME DISCUSSION THAT WE NEED TO HAVE AROUND THAT.

BUT EVERYTHING ELSE I FEEL THEY SHOULD HAVE THE POWER TO, TO, TO, TO MOVE FORWARD ON.

ALL RIGHT.

THANK YOU.

THANK YOU ALL.

THANK YOU FOR COMING.

I DON'T SEE ANYBODY ELSE ON THE QUEUE, SO WE'RE GONNA GO AHEAD AND MOVE FORWARD.

UH, THOSE WERE THE THREE, UH, THREE ITEMS. SO ITEM NUMBER FIVE IS EXECUTIVE SESSION.

I BELIEVE WE HAVE NO, NO ITEMS ON THE EXECUTIVE WAS.

OKAY.

WE'RE GONNA GO AHEAD.

THE TIME IS 7:00 PM WE'RE GONNA GO AHEAD AND ADJOURN THIS MEETING.