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WE'LL NOW CALL THE CITY COUNCIL SPECIAL MEETING TO ORDER AT 5:30 PM ITEM NUMBER TWO IS ROLL CALL.
WE DO HAVE A QUORUM OF COUNCIL.
ITEM NUMBER THREE ARE PUBLIC COMMENTS.
CITY SECRETARY, DO WE HAVE ANYONE TO SPEAK ON PUBLIC COMMENTS NOW? MR. MAYOR? WE DO NOT.
[(a) Receive a presentation - City Council Ethics Training]
YOU.ITEM NUMBER FOUR, DISCUSSION AND POSSIBLE ACTION FOUR A TO RECEIVE A PRESENTATION, CITY COUNCIL ETHICS TRAINING.
WE HAVE IJO YAMO, OUR CITY ATTORNEY.
GOOD EVENING, MAYOR AND MEMBERS OF COUNCIL EVENING.
HOPE YOU ALL HAD A GREAT WEEKEND.
THIS IS YOUR, UH, SEMI-ANNUAL TRAINING ON ETHICS THIS EVENING.
WE ARE GOING TO FOCUS SPECIFICALLY ON THE TEXAS OPEN MEETINGS ACT.
I AM EXPECTING A GUEST PRESENTER, UM, CHAR ANN THOMPSON IS THE, UH, CHIEF PROSECUTOR, UH, WITH THE FORT BEND COUNTY ASSISTANT, UH, THE FORT BEND COUNTY DISTRICT ATTORNEY'S OFFICE.
SHE WILL BE JOINING US TO, UH, GO OVER SOME OF THE, UH, PENALTIES AND REPERCUSSIONS RELATED TO, UH, VIOLATING THE OPEN MEETINGS ACT.
I WILL KICK OFF THE PRESENTATION, UH, HOWEVER, WITH JUST A BASIC OVERVIEW OF THE ACT AFTER THIS PRESENTATION.
IF YOU ALSO DESIRE, WE CAN GO INTO A CLOSED EXECUTIVE SESSION AND I CAN ANSWER ANY LEGAL QUESTIONS THAT YOU ALL MIGHT HAVE ABOUT THE ACT OR ANY OTHER ETHICS OBLIGATIONS.
UM, BUT AT THIS TIME, I WILL GO AHEAD AND KICK OFF THE PRESENTATION FOR YOU ALL.
SO, DO ANY OF YOU WATCH, UM, THIS INTERESTING SHOW ON HBO CALLED THE GILDED AGE? ANY TAKERS? NO.
SO, THERE WAS A WONDERFUL SCENE THIS LAST SEASON WHERE, UH, A GROUP OF PARENTS ARE PREPARING FOR A SCHOOL BOARD MEETING.
AND AT THE VERY LAST MINUTE, ONE OF THOSE PARENTS IS INFORMED THAT THE DATE AND TIME OF THAT MEETING CHANGED.
UH, THE REASON I'M MENTIONING THIS A PARTICULAR SCENE IS BECAUSE THAT SCENE, UH, IN THAT INSTANCE, IS WHY OUR STATE HAS ADOPTED THE TEXAS OPEN MEETINGS ACT.
THE TEXAS OPEN MEETINGS ACT PROVIDES THE PUBLIC WITH BASIC INFORMATION SO THAT THEY CAN KNOW AND UNDERSTAND WHETHER THEY WOULD LIKE TO PARTICIPATE IN YOU ALL'S DELIBERATIVE PROCESS AND OBSERVE THAT DELIBERATIVE PROCESS WHEN YOU MAKE DECISIONS THAT IMPACT THE PUBLIC.
THIS PRESENTATION SPEAKS TO ALL FIVE OF YOUR STRATEGIC GOALS, CREATING A GREAT PLACE TO LIVE, MAINTAINING A FINANCIALLY SOUND CITY GOVERNMENT, GROWING BUSINESS INVESTMENTS, DEVELOPING A HIGH PERFORMANCE CITY TEAM, AND HAVING QUALITY DEVELOPMENT THROUGH BUILD OUT.
SO THE FIRST QUESTION, UH, YOU ALL MIGHT BE ASKING YOURSELVES, WHAT IS REQUIRED FOR A MEETING? DELIBERATION OR CONSIDERATION ARE REQUIRED FOR A MEETING, UH, A QUORUM.
AND AS YOU ALL KNOW, THAT QUORUM DOES NOT NECESSARILY HAVE TO BE IN THE SAME ROOM.
THAT QUORUM CAN BE ON A TEXT THREAD.
THAT QUORUM CAN BE ON AN EMAIL, UH, THREAD AS WELL, THE DISCUSSION OF PUBLIC BUSINESS.
YOU KNOW, WE OFTEN HEAR QUESTIONS ABOUT, YOU KNOW, CAN WE GO TO ONE EVENT OR THE OTHER? UH, YOU KNOW, THE QUESTION THE CITY SECRETARY AND THE MANAGER AND I ARE ALWAYS TALKING ABOUT IS WHAT WILL BE DISCUSSED AT THAT MEETING? IS THIS RELATED TO CITY BUSINESS OR IS THIS SOME OTHER TYPE OF EVENT? UH, THOSE ARE THE TYPES OF QUESTIONS THAT WE ASK.
AND WE CONSIDER WHEN WE DETERMINE WHETHER OR NOT TO POST, UH, OR RECOMMENDING, UH, TO THE CITY SECRETARY'S OFFICE, POSTING ONE OF YOUR, ONE OF YOUR EVENTS, THE GATHERING CONDUCTED BY THE GOVERNING BODY, OR AN EVENT, UH, CALLED BY THE GOVERNING BODY.
THOSE, UH, THOSE INSTANCES ARE ALSO CONSIDERED, UH, OR COULD ALSO BE CONSIDERED PUBLIC MEETINGS FOR WHICH POSTING IS REQUIRED.
AN IMPORTANT TAKEAWAY WHEN YOU THINK ABOUT WHAT CONSTITUTES A MEETING IS TO REMEMBER THAT ACTION IS NOT REQUIRED.
SO EVEN IF YOU'RE ON A, A LIST SERVE OR A THREAD WITH THREE OR FOUR, UH, WELL, YOU SHOULDN'T BE ON I'M, AND I'M SURE NONE OF YOU HAVE BEEN ON.
BUT EVEN IF YOU'RE ON OR COMMUNICATING WITH MULTIPLE PEOPLE, REMEMBER EVEN THAT COMMUNICATION, THAT CONSIDERATION, THAT DELIBERATION COULD CONSTITUTE A MEETING.
FOR THE PURPOSES OF THE OPEN MEETINGS ACT, YOU ALL DO NOT HAVE TO TAKE A VOTE IN ORDER FOR THERE TO BE A MEETING.
THE NEXT ITEM THAT TENDS TO COME UP IS WHAT NOTICE IS REQUIRED.
SOMETIMES WE DO GET REQUESTS TO ADD ITEMS, UH, TO AGENDAS,
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AND WE, UM, END UP NOT BEING ABLE TO DO SO.BUT THAT IS BECAUSE OF THE STATE'S, UH, OPEN MEETINGS ACT.
THE STATE REQUIRES THAT NOTICE MUST BE PUBLISHED OR POSTED AT LEAST 72 HOURS BEFORE A MEETING IS SCHEDULED.
THAT NOTICE HAS TO INCLUDE THE DATE, THE TIME, THE PLACE, THE SUBJECT MATTER, AND BASED ON OUR CITY SIZE.
WE ALSO HAVE TO POST, UM, AGENDAS ONLINE OR MAKE A GOOD FAITH EFFORT TO POST AGENDAS ONLINE.
AND WE ALSO HAVE TO PHYSICALLY POST SUCH ITEMS ON THE BULLETIN BOARD.
UH, DOWNSTAIRS, SOMETIMES WE GET QUESTIONS ABOUT ISSUES WITH ONLINE POSTINGS.
IF WE'VE MADE A GOOD FAITH EFFORT TO POST OUR AGENDAS AND THAT INFORMATION, AGENDA INFORMATION ONLINE, THEN WE HAVE FOLLOWED, UH, THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT.
ADDITIONALLY, THE CITY ALSO POSTS THE AGENDAS DOWNSTAIRS AND PHYSICAL LOCATIONS.
SO LET'S SAY THERE'S AN ISSUE WITH AN ONLINE POSTING.
THE CITY'S AGENDAS ARE ALSO POSTED, UH, DOWNSTAIRS FOR PUBLIC ACCESS.
A QUESTION THAT HAS COME UP, UM, A LOT LATELY IS ABOUT PUBLIC TESTIMONY.
THE QUESTION IS WHETHER PUBLIC TESTIMONY, UH, IS ACTUALLY REQUIRED BY, UH, OR WHETHER THE BODY ACTUALLY HAS TO RECEIVE PUBLIC TESTIMONY BASED ON, UH, LEGISLATION THAT PASSED A FEW SESSIONS AGO.
THE ANSWER IS YES, BUT THAT IS LIMITED TO ITEMS THAT ARE ACTUALLY POSTED ON THE AGENDA.
SO, BEFORE THE STATE LAW TOOK EFFECT IN ABOUT 20 20, 21 OR 2019, THERE WERE SOME GOVERNING BODIES THAT WOULD NOT ALLOW ANY PUBLIC TESTIMONY ON ANYTHING.
THEY WOULD SIMPLY GO ON ABOUT THEIR, UH, BUSINESS AND, UH, REVIEW ITEMS THAT WERE ON THE AGENDA WITHOUT ACTUALLY TAKING IN, UH, PUBLIC COMMENTS ON ITEMS. NOW, OF COURSE, IF THERE'S A PUBLIC HEARING, IF THERE'S A LEGALLY REQUIRED PUBLIC HEARING THAT'S DIFFERENT.
THE STATE, THE THE CITY DEFINITELY HAS TO ALLOW THE PUBLIC TO SPEAK ON THOSE LEGALLY REQUIRED PUBLIC HEARINGS.
BUT PRIOR TO THIS LAW, UH, TAKING EFFECT, UM, CERTAIN, UH, MUNICIPALITIES AND GOVERNMENTAL ENTITIES ACTUALLY DID NOT LET THE PUBLIC SPEAK ON OTHER ITEMS THAT WERE POSTED ON THE AGENDA.
SO AFTER THE LEGISLATURE PASSED THIS LAW, IT'S, UH, SECTION 5 51 0.07 OF THE TEXAS GOVERNMENT CODE.
THE LAW NOW REQUIRES GOVERNING BODIES TO ALLOW PEOPLE TO SPEAK ON ITEMS THAT ARE POSTED ON AGENDAS.
THE NEXT ITEM, AND AGAIN, IF THERE ARE ANY LEGAL QUESTIONS, WE CAN CERTAINLY TAKE THOSE UP IN A, UH, THE CLOSED SESSION AFTERWARDS.
UM, BUT, UH, AT THIS POINT I'LL MOVE ON TO WHETHER, UH, WHAT COMMENTS CAN BE MADE IN RESPONSE TO, UH, PUBLIC COMMENT ITEMS THAT ARE NOT POSTED.
AGAIN, IF AN ITEM IS POSTED, THAT GIVES THE PUBLIC ENOUGH NOTICE TO KNOW THAT THERE COULD BE DISCUSSION AND DELIBERATION ON THAT ITEM.
SO THERE CAN BE DISCUSSION DURING THAT TIME.
IF AN ITEM OR A INQUIRY OR COMMENT IS MADE THAT IS NOT POSTED, THEN THE, UH, ALLOWANCES THERE ARE TO REQUEST A RESPONSE FROM THE CI, THE CITY MANAGER, UH, AND STAFF WE HAVE SEEN.
UH, YOU ALL QUITE OFTEN ASK THE CITY MANAGER TO RESPOND OR PROVIDE INFORMATION TO A MEMBER OF THE PUBLIC THAT BRINGS UP AN ISSUE.
ADDITIONALLY, STATE LAW DOES ALLOW STATEMENTS OF SPEC SPECIFIC FACTUAL INFORMATION GIVEN IN RESPONSE TO INQUIRIES AND RECITATIONS OF EXISTING POLICY AS WELL ARE ALLOWED WHAT RECORDS HAVE TO BE KEPT OF MEETINGS, UH, MINUTES AND RECORDINGS, UH, DO HAVE TO BE KEPT FOR, UH, PUBLIC MEETINGS.
SO THIS ITEM IS BEING PROVIDED TO YOU ALL BECAUSE WE ARE IN HURRICANE SEASON NOW OFFICIALLY, ALTHOUGH WE'VE, YOU KNOW, WE'VE HAD SOME ROUGH WEATHER, UH, THIS MAY, UH, BUT IT IS JUNE 3RD AND WE'RE OFFICIALLY IN THE SEASON.
AND THIS DOES COME UP WHEN WE HAVE HAD, UM, HURRICANES WHEN WE'VE HAD TO, UH, GO INTO THE EMERGENCY OPERATION CENTER.
UH, WHAT NOTICES REQUIRED IF THERE IS A HURRICANE OR IF THERE'S AN EMERGENCY, STATE LAW DOES PROVIDE THAT THERE IS A, UH, ONE HOUR NOTICE PERIOD FOR EMERGENCY MEETINGS.
BUT THERE HAS TO BE A JUSTIFIABLE EMERGENCY OR PUBLIC NECESSITY FOR SUCH MEETINGS.
SO THAT MEANS THAT THE COUNCIL WOULD HAVE TO TAKE IMMEDIATE ACTION OR NEED TO TAKE IMMEDIATE ACTION IF THERE'S SUCH AN EMERGENCY FOR WHICH CONSIDERATION AND ACTION ARE REQUIRED.
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SO, STATE LAW DOES PROVIDE THIS, UH, EXCEPTION IF THERE ARE EMERGENCIES, AGAIN, FOR POSTING PUBLIC MEETINGS.ADDITIONALLY, UM, IF THERE IS THIS TYPE OF AN EMERGENCY, THE CITY SECRETARY'S OFFICE IN CONJUNCTION WITH COMMUNICATION, DO YOU PROVIDE THAT INFORMATION TO THE PRESS AND OTHER MEDIA OUTLETS SO THAT EVERYONE, OR AT LEAST THE GOAL IS SO THAT EVERYONE IS AWARE THAT A MEETING IS TAKING PLACE IF THERE IS AN EMERGENCY.
THE NEXT QUESTION THAT OFTEN COMES UP IS, WHY DOES A GOVERNING BODY, OR WHY DOES THE CITY GO INTO, UH, CLOSED MEETINGS? WHAT ARE, WHAT ARE THE EXCEPTIONS BASICALLY TO HAVING AN OPEN MEETING? I'VE JUST LISTED A FEW HERE.
THESE ARE THE EXCEPTIONS THAT YOU ALL SEE QUITE OFTEN, UH, IN YOUR WORK FOR THE CITY.
UH, LEGAL ADVICE, WHENEVER YOU HAVE A LEGAL QUESTION, STATE LAW ALLOWS YOU TO GO INTO A CLOSED EXECUTIVE SESSION PURSUANT TO 5 51 0.07, ONE OF THE TEXAS GOVERNMENT CODE.
ADDITIONALLY, CERTAIN PERSONNEL MATTERS ARE, UH, OR CAN BE DISCUSSED AS WELL IN A CLOSED SESSION.
THIS DOES NOT APPLY TO CATEGORIES OR GROUPS OF PERSONNEL.
THIS IS WHEN YOU HAVE CERTAIN INDIVIDUALS, YOUR DIRECTORS, YOUR POLICY MAKERS, MANAGERS, YOUR APPOINTEES, PEOPLE WHO HAVE A LOT OF DISCRETIONARY, UH, IMPACT IN YOUR POLICY MAKING AS CITY OFFICIALS, YOU'RE ABLE TO THEN GO INTO A CLOSED EXECUTIVE SESSION TO DISCUSS THOSE INDIVIDUALS REAL ESTATE TRANSACTIONS.
UH, AND WE'VE SEEN THIS A FEW TIMES OVER THE YEARS, IF THE CITY DESIRES OR NEEDS TO ACQUIRE PROPERTY, IT IS IN THE CITY AND IN THE PUBLIC'S BEST INTEREST, REALLY, THAT THOSE DISCUSSIONS BE HELD IN A CLOSED EXECUTIVE SESSION AS NOT TO DIMINISH THE CITY'S NEGOTIATION POSITION.
SO THOSE ITEMS ARE AUTHORIZED TO BE HELD IN A CLOSED EXECUTIVE SESSION.
ADDITIONALLY, ECONOMIC DEVELOPMENT PROSPECTS, YOU ALL HAVE SEEN IT IN THE PAST.
YOU MIGHT HAVE, UH, AN ECONOMIC DEVELOPMENT PROSPECT WHO MAY OR MAY NOT COME TO THE CITY.
THEY'RE LOOKING FOR INCENTIVES.
UH, STATE LAW DOES PROVIDE AN EXCEPTION THAT ALLOWS YOU TO KIND OF HAVE SOME PRE-CONVERSATIONS PRIOR TO ANY PUBLIC, UH, DOCUMENTS OR INFORMATION BEING PROVIDED.
SO THOSE ARE JUST A FEW OF THE COMMON EXCEPTIONS THAT WE SEE, UH, HERE AT THE CITY AS IT RELATES TO THE OPEN MEETINGS ACT.
SO WHAT HAPPENS IF THE LAW IS VIOLATED? I DO NOT SEE THE ASSISTANT DISTRICT ATTORNEY HERE.
UH, SO I WILL GO AHEAD AND GO THROUGH HER SLIDES.
IF SHE COMES, UM, DURING THE PRESENTATION, I'LL CERTAINLY HAND IT OVER TO HER.
UH, BUT YES, SIR, DID WE HAVE EXECUTIVE QUESTIONS THAT WE CAN PAUSE ON AND GIVE HER MORE TIME, OR, UH, THAT'S UP TO YOU ALL.
IF YOU HAVE ANY QUESTIONS THAT WE CAN ON THE, IS THERE ANYONE DOWNSTAIRS THAT CAN LET HER IN? WELL, THE DOORS, THE DOORS SHOULD BE OPEN DOWNSTAIRS.
I HAD TO USE MY CARD TO GET IN.
ANYWAY, JUST ROOM A WAY TO CLEAR THE ROOM, I WOULD SAY, BECAUSE THE TIME MUST GO.
SO THE FIRST ITEM SHE WAS GOING TO GO OVER IS WHAT SOME OF THE COMMON COMPLAINTS ARE AS IT RELATES TO THE TEXAS OPEN MEETINGS ACT.
UH, UNAUTHORIZED CLOSED MEETINGS ARE, UH, ONE COMMON COMPLAINT, A PROHIBITED SERIES OF COMMUNICATIONS.
I MENTIONED EARLIER THAT, UM, YOU ALL, YOU KNOW, ONE OR TWO OF YOU MIGHT BE DISCUSSING A MATTER OF PUBLIC BUSINESS ON A EMAIL THREAD.
IF ONE PERSON OUT OF THE TWO THEN SENDS THAT EMAIL TO A THIRD PERSON WHO SENDS THAT EMAIL TO A FOURTH PERSON, THEN WE COULD HAVE A PROHIBITED SERIES OF COMMUNICATIONS.
SO, EVEN THOUGH A QUORUM DOES NOT EXIST IN ONE PLACE AT ONE TIME, IF THE INFORMATION IS SHARED AND GOES FROM ONE PERSON TO THE OTHER, IT COULD BE A PROHIBITED SERIES OF COMMUNICATIONS PURSUANT TO STATE LAW.
ADDITIONALLY, THE OFFICE, UH, THE DA'S OFFICE HAS RECEIVED COMPLAINTS RELATED TO, OH, AND JUST A QUICK CAVEAT, THESE ARE NOT, UH, JUST MISSOURI.
THESE ARE NOT MISSOURI CITY SPECIFIC COMPLAINTS.
THESE ARE WHAT THEY HAVE SEEN IN ALL OF THEIR JURISDICTION.
UH, ANOTHER COMPLAINT THEY HAVE SEEN IS, UH, WHEN FOLKS ARE PRO PREVENTED FROM GIVING A PUBLIC COMMENT.
AS PREVIOUSLY MENTIONED, STATE LAW REQUIRES THE CITY TO ALLOW PEOPLE TO PROVIDE PUBLIC COMMENTS FOR ITEMS THAT ARE POSTED ON THE AGENDA.
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HOWEVER, IF THE CITY HAS A PUBLIC COMMENT PERIOD, WHICH WE DO, UH, AND PEOPLE ARE PREVENTED FROM SPEAKING DURING THAT COMMENT, PUBLIC COMMENT PERIOD, IN THE SAME MANNER AS OTHER PEOPLE, BASED ON, LET'S SAY VIEWPOINT, THEN THAT COULD BE, UH, AN ISSUE OR A COMPLAINT.THEY ALSO RECEIVE, UH, COMPLAINTS RELATED TO FAILING TO PUBLISH AN AGENDA IF NO NOTICE IS PROVIDED, UH, THAT IS, UH, A VI POTENTIAL VIOLATION OF THE STATUTE.
ADDITIONALLY, WHEN PEOPLE ARE PROHIBITED FROM ATTENDING MEETINGS, THAT IS ANOTHER COM COMMON COMPLAINT THAT THEY RECEIVE.
THE DA'S OFFICE EVALUATES THOSE COMPLAINTS, UH, BASED ON, OF COURSE, THE FACTS.
UH, THEY LOOK AT WHETHER THE CONDUCT IS ACTUALLY A VIOLATION OF THE ACT OFTENTIMES, AND, AND YOU ALL SEE THIS, UH, IN OUR OTHER AREAS AS A MUNICIPALITY, SOMETIMES PEOPLE DO BELIEVE THAT THERE IS A VIOLATION, BUT THERE IS NOT ALWAYS A VIOLATION.
WITH THAT, I AM GOING TO GO AHEAD AND TURN, UH, THIS OVER TO, UH, ASSISTANT DISTRICT ATTORNEY THOMPSON.
AGAIN, SHE IS THE, UH, CHIEF PROSECUTOR FOR THE PUBLIC INTEGRITY DIVISION FOR THE FORT BEND COUNTY DISTRICT ATTORNEY'S OFFICE.
SO SORRY FOR RUSHING IN HERE A LITTLE BIT LATE.
UM, I DID BRING COPIES FOR EACH OF YOU OUTLINING THE CRIMINAL PROVISIONS, UM, ASSOCIATED WITH TEXAS OPEN MEETINGS.
I'M A LITTLE BIT OUT OF BREATH.
THIS HAS BEEN THE MOST MONDAY
BUT, UM, MY INVESTIGATORS HERE, INVESTIGATOR, UH, YVETTE KELLY, SHE'S JOINING ME, AND WE ARE COMING STRAIGHT FROM THE DA'S OFFICE,
SO THANK YOU GUYS SO MUCH FOR INDULGING ME.
I WON'T TAKE UP VERY MUCH OF YOUR TIME.
UM, SO I, AS SHE MENTIONED, I AM THE CHIEF PROSECUTOR FOR THE PUBLIC INTEGRITY DIVISION.
UM, THE PUBLIC INTEGRITY DIVISION IS RELATIVELY NEW TO HERE TO FORT BEND COUNTY.
UH, YOUR ELECTED DA BRIAN MIDDLETON CREATED IT IN 2019.
AND WHAT WE DO THERE IS WE INVESTIGATE AND PROSECUTE, UM, ALLEGATIONS OF CRIMINAL CONDUCT AGAINST, UM, PUBLIC SERVANTS.
AS THAT TERM IS DEFINED BY THE TEXAS PENAL CODE, AND IT IS BROADLY DEFINED.
IT, IT IS WHAT YOU MIGHT EXPECT AS LAW ENFORCEMENT MEMBERS OF GOVERNING BODY, BUT ALSO GRAND JURORS OR PEOPLE WHO, UM, ARE PRECINCT CHAIRS OR VOLUNTEERS, BUT ARE SERVING IN A GOVERNMENTAL FUNCTION.
UM, OPEN MEETINGS ISN'T SOMETHING WE SEE ISN'T A BULK OF WHAT WE DO, BUT IF THERE IS A COMPLAINT OF A CRIMINAL VIOLATION, WE WOULD BE THE DIVISION IN THE DA'S OFFICE THAT WOULD HANDLE THAT.
SO THESE ARE SOME OF THE COMMON COMPLAINTS THAT WE SEE RELATED TO OPEN MEETINGS.
SO WHAT YOU MIGHT EXPECT, RIGHT, AN ALLEGATION OF A CLOSED MEETING.
SO AN UNAUTHORIZED CLOSED MEETING OF THE GOVERNING BODY, OR, UM, NOT A MEETING PER SE, BUT PROHIBITED SERIES OF COMMUNICATIONS, THE AGGREGATE OF WHICH WOULD BE A QUORUM OF THE GOV OF THE MEMBERS OF THE GOVERNING BODY.
AND THAT SERIES OF PROHIBITED COMMUNICATIONS IS A MEETING QUALIFIES AS A MEETING UNDER THE STATUTE.
BUT WE ALSO FREQUENTLY SEE MEMBERS OF THE PUBLIC COMPLAIN, WELL, I WASN'T ALLOWED AN OPPORTUNITY TO GIVE A PUBLIC COMMENT, OR I WAS TOLD TO SIT DOWN, OR I WAS PREVENTED IN SOME WAY FROM OFFERING TESTIMONY, OR I DIDN'T, YOU KNOW, THEY FAILED TO PUBLISH AGENDAS REGULARLY.
SO I DIDN'T HAVE NOTICE, UM, OR I WAS PROHIBITED SPECIFICALLY FROM ATTENDING A MEETING THAT WAS OTHERWISE OPEN TO THE PUBLIC, BUT I WAS EXCLUDED.
SO SOMETIMES WE GET COMPLAINTS DIRECTLY FROM MEMBERS OF THE PUBLIC RELATED TO CONDUCT THAT KIND OF SOUNDS LIKE OPEN MEETINGS.
AND SO WE'LL TALK ABOUT WHETHER THAT IS IN FACT PROSECUTORY PROSECUTABLE.
UM, UNDER THE OPEN MEETINGS ACT, I WILL SAY WHAT DISTINGUISHES THIS DIVISION FROM OTHER DIVISIONS AT THE DA'S OFFICE IS THAT WE ACTUALLY DO IN FACT, TAKE DIRECT COMPLAINTS FROM MEMBERS OF THE PUBLIC.
ORDINARILY, BECAUSE WE ARE A PROSECUTING AGENCY, WE DON'T INVESTIGATE CRIME, RIGHT? LAW, YOU CALL LAW ENFORCEMENT.
THEY WILL INVESTIGATE, AND THEN THEY WILL REFER ALLEGATIONS OF CRIME TO US, AND WE WILL REVIEW AND MAKE A FILING DECISION.
WELL, PUBLIC INTEGRITY IS DIFFERENT.
IF A MEMBER OF THE PUBLIC HAS A COMPLAINT, WE WILL DIRECTLY TAKE THAT COMPLAINT.
WE WILL VERTICALLY INVESTIGATE THAT COMPLAINT FROM START TO FI FINISH.
AND IF THERE'S PROBABLE CAUSE, WE WILL, IN MORE CASES THAN NOT PRESENT IT TO A GRAND JURY TO, TO MAKE A DECISION ABOUT FILING, EVEN IF IT'S NOT A FELONY.
UM, IF IT'S A MISDEMEANOR ALLEGING OFFICIAL MISCONDUCT,
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WE PRESENT IT TO THE GRAND JURY.AND SO, UM, THAT'S WHAT MAKES OUR DIVISION A LITTLE BIT DIFFERENT.
THESE ARE HOW WE WILL EVALUATE CLAIMS THAT COME INTO OUR OFFICE.
SO WE'LL START WITH, IS THE CONDUCT ALLEGED A VIOLATION OF THE TEXAS OPEN MEETINGS ACT, UM, OR OTHER STATUTE? AND SO IF YOU THINK BACK TO SOME OF THE THINGS I SAID ARE MORE COMMON COMPLAINTS THAT WE GET, WELL, YES, YOU KNOW, IT IS TECHNICALLY A VIOLATION OF THE TEXAS OB MEETING ACT TO PREVENT SOMEONE FROM GIVING PUBLIC TESTIMONY, RIGHT? IT SAYS, YOU SHALL BE PERMITTED TO GIVE TESTIMONY, UM, RELATED TO A MATTER ON THE AGENDA BEFORE THE BODY DELIBERATES.
SO TECHNICALLY, YES, THAT IS SOME CONDUCT ALLEGED THAT MIGHT CONSTITUTE A VIOLATION, BUT SOMETIMES IT'S, IT'S NOT LIKE SOMETIMES IT'S, UM, I WAS PHYSICALLY PREVENTED FROM COMING INTO A MEETING, RIGHT? AND SO IN THAT CIRCUMSTANCES, WE MIGHT LIKE LOOK TO SEE IF THERE ARE ANY OTHER STATUTES THAT EMPOWER US TO INVESTIGATE AND LOOK INTO IT, BECAUSE IN THAT SITUATION, OPEN MEETINGS WOULD NOT, UM, BE THE WAY TO DO IT.
THE NEXT STEP IS IF IT VIOLATES TEXAS OPEN MEETINGS ACT, IS IT A CRIME? BECAUSE AS YOU KNOW, THE FORT BEND COUNTY DA'S OFFICE IS ONLY AUTHORIZED TO PROSECUTE CRIME.
SO IF IT IS, UM, A VIOLATION LIKE PREVENTED FROM GIVING PUBLIC TESTIMONY, OR, UM, IT'S TECHNICALLY REQUIRED TO PUBLISH AGENDAS, BUT YOU FAILED TO DO THAT.
IS IT A VIOLATION FOR WHICH THERE ARE CRIMINAL PENALTIES? BECAUSE IF THERE ARE NO CRIMINAL PENALTIES ASSOCIATED, AGAIN, WE'RE NOT EMPOWERED TO REALLY PROSECUTE THOSE.
THAT'LL BE, YOU WILL HAVE TO PURSUE CIVIL ENFORCEMENT, UM, OPTIONS.
AND THAT'S NOT SOMETHING WE DO.
AND THEN OUR LAST STEP IS, IF YOU'VE ALLEGED A CRIME BASED ON YOUR COMPLAINT, IF WE'RE LOOKING AT THE FOUR CORNERS OF YOUR COMPLAINT, IF YOU'VE ALLEGED A CRIME, IS THERE PROBABLE CAUSE? AND THAT IS WHEN INVESTIGATOR YVETTE KELLY AND OTHER INVESTIGATORS WILL GO BEHIND THE COMPLAINT AND DEVELOP THE FACTS TO FIGURE OUT IF THERE'S PROBABLE CAUSE FOR THE VIOLATION.
AND SO I JUST WANNA SHOW YOU THE FOUR CRIMINAL VIOLATIONS ASSOCIATED WITH TE TEXAS OPEN MEETINGS.
SO PROHIBITED SERIES OF COMMUNICATIONS, THOSE ARE THE ONE OF THE THINGS THAT WE SAID WE COMMONLY SEE THAT IS ACTIONABLE.
UM, THAT DOES HAVE CRIMINAL ACTIONABLE BY US CRIMINAL PENALTIES ASSOCIATED WITH IT IN THE STATUTE.
CRIMINAL PENALTIES ASSOCIATED WITH THAT.
A CLOSED MEETING WITHOUT A CERTIFIED AGENDA OR RECORDING THAT'S ACTIONABLE.
THERE ARE CRIMINAL PENALTIES ASSOCIATED AND DISCLOSURE OF A CERTIFIED AGENDA OR RECORDING, AND THERE ARE EXCEPTIONS, BUT AN UNLAWFUL DISCLOSURE, RIGHT? A DISCLOSURE TO A MEMBER OF THE PUBLIC OF THIS CERTIFIED AGENDA OR RECORDING OF A CLOSED MEETING.
AND SO, AS YOU CAN SEE, THESE ARE SORT OF THE CORE OF OPEN MEETINGS.
EITHER YOU HAD A CLOSED MEETING BECAUSE YOU HAD IN FACT THE MEETING, OR YOU HAD THESE SERIES OF COMMUNICATIONS, OR YOU HAD A LAWFULLY CLOSED MEETING, BUT YOU DIDN'T RECORD WHAT HAPPENED.
AND THE LAW SAYS YOU'RE REQUIRED TO, AND YOUR FAILURE TO DO THAT WILL RESULT IN CRIMINAL PENALTIES, OR YOU RECORDED IT AND UNLAWFULLY DISCLOSED IT.
SO LET'S LOOK AT WHAT THOSE PENALTIES ARE.
UM, BUT BEFORE I SHOW YOU WHAT THE PENALTIES ARE, I WANT YOU ALL TO KNOW THAT THE CRIMINAL INTENT REQUIRED FOR ALL OF THESE IS KNOWINGLY, RIGHT? SO AS YOU'RE THINKING ABOUT, OH, SHOOT, DID I UNWITTINGLY COPY A NUMBER OF PEOPLE? COULD THAT HAVE BEEN IN FACT THE MEETING THAT SERIES OF COMMUNICATIONS, OR DID I UNWITTINGLY, UM, FIND MYSELF IN A CONVERSATION WHERE THAT COULD HAVE BE NO, THE STATUTE REALLY REQUIRES KNOWING A KNOWING COMMISSION OF THIS CONDUCT.
SO IT IS NOT DESIGNED TO SORT OF BROADLY ENSNARE PEOPLE INTO, YOU KNOW, THE CRIMINAL JUSTICE SYSTEM ON TECHNICALITIES.
THEY WANT YOU TO BE AWARE OF 'EM, RIGHT? AND CERTAINLY TRAININGS LIKE THIS GO A LONG WAY TO ESTABLISHING KNOWLEDGE ON THE PARTS OF, OF, OF GOVERNMENTAL BODIES.
UM, BUT CERTAINLY THAT IS WHEN WE ARE INVESTIGATING THESE OFFENSES, ONE OF THE BIGGEST HURDLES IS FIGURING OUT WHETHER THIS WAS A KNOWING VIOLATION, WAS THIS, EACH PARTICIPANT, FOR EXAMPLE, IN A SERIES OF COMMUNICATIONS, EACH PARTICIPANT HAS TO BE A KNOWING, UM, PARTICIPANT FOR THAT PERSON TO BE LIABLE, RIGHT? SO WE'RE LOOKING AT WHETHER THE CONDUCT WAS KNOWINGLY COMMITTED, AND I WANTED YOU TO KNOW THAT THAT WAS THE MENS REA ASSOCIATED WITH ALL OF THE CONDUCT THAT WE WE'RE GONNA BE TALKING ABOUT.
AND THEN HERE'S THE RANGE OF PUNISHMENT.
SO FOR THE FOUR OFFENSES THAT I HAVE DESCRIBED, ALL OF THEM ARE MISDEMEANORS, SOME ARE MISDEMEANORS THAT ARE STRAIGHT OUT OF THE PENAL CODE IN TERMS OF CLASS A, CLASS B, CLASS C.
SOME ARE STATUTORILY CREATED IN THIS SECTION OF THE, OF THE CODE.
SO THE RANGE OF PUNISHMENT FOR A PROHIBITED SERIES OF COMMUNICATION
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AND CLOSED MEETINGS, THESE TWO SPECIFIC OFFENSES, THE RANGE OF PUNISHMENT IS A FINE OF NOT LESS THAN A HUNDRED DOLLARS AND NOT MORE THAN 500 CONFINEMENT IN JAIL OF NOT LESS THAN A MONTH, OR NOT MORE THAN SIX MONTHS OR BOTH.SOME COMBINATION OF A FINE AND OR CONFINEMENT.
THE RANGE OF PUNISHMENT FOR A CLOSED MEETING WITHOUT A CERTIFIED AGENDA OR RECORDING IS A CLASS CA FINE OF UP TO $500.
THERE'S NO CONFINEMENT ASSOCIATED WITH A CLASS C.
AND CLOSED MEETING IS AGAIN, HAVING A MEETING AND KNOWINGLY, RIGHT, DECIDING NOT TO HAVE A CERTIFIED AGENDA OR RECORDING ASSOCIATED WITH THAT MEETING.
AND THEN DISCLOSURE OF A CERTIFIED AGENDA, THIS WOULD BE AN UNLAWFUL DISCLOSURE OF A WHAT TOOK PLACE IN A CLOSED MEETING.
UM, THERE ARE, THERE ARE TIMES WHERE IT IS CONTEMPLATED THAT THERE MIGHT BE A LAWFUL REASON TO DISCLOSE IT.
UM, SO, BUT THIS STATUTE SPECIFICALLY CRIMINALIZES AN UNLAWFUL DISCLOSURE, AND THAT'D BE A CLASS B FINE OF UP TO $2,000 CONFINEMENT OF UP TO 180 DAYS OR BOTH, SOME COMBINATION OF A FINE AND CONFINEMENT.
SOMETHING WE ALSO, UM, WANNA MAKE YOU AWARE OF, AND SOMETHING THAT WE ARE CERTAINLY CONSIDERING WHEN WE'RE EVALUATING THESE CLAIMS IS A STATUTE OF LIMITATIONS FOR MISDEMEANORS, IT'S TWO YEARS.
AND SO SOMETIMES WE'LL GET COMPLAINTS THAT FOR A NUMBER OF MONTHS, FOR EXAMPLE, DURING COV, UM, THERE WERE, YOU KNOW, THERE WAS A FAILURE TO PUBLISH AGENDAS OR THERE WAS A FAILURE TO GIVE NOTICE.
AND SO, UM, ONE OF THE ISSUES IMMEDIATELY THAT WE LOOK AT IS, WELL, GOSH, WE HAVE TWO YEARS TO TO BE FOR THIS TO BE ACTIONABLE.
AND SO, UM, IF WE ARE ALL, IF THEY'RE ALLEGING A VIOLATION, EVEN IF IT IS A TECHNICALLY A VIOLATION OR EVEN A VIOLATION, THAT IS A CRIME, WE'RE GONNA BE BOUND BY THE STATUTE OF LIMITATIONS.
AND FOR ALL OF THESE, UM, OFFENSES, IT'S GONNA BE A TWO YEAR STATUTE OF LIMITATION.
UM, I PRINTED OUT AND PROVIDED YOU ALL WITH COPIES OF THE CRIMINAL PENALTIES.
IT TAKES YOU ELEMENT BY ELEMENT OF WHAT YOU KNOW CONSTITUTES AN OFFENSE.
YOU WILL SEE THAT KNOWINGLY LANGUAGE IN THERE, BUT IT'LL SPELL OUT WHAT THOSE OFFENSES ARE.
AND SO I DIDN'T TAKE THE TIME TONIGHT 'CAUSE I KNOW I, I WANNA BE RESPECTFUL OF YOUR TIME AND I'M NOT THE ONLY ONE SPEAKING.
UH, WE DO HAVE A COUPLE OF YOU HAVE MORE.
COULD I, COULD I ASK HER A QUESTION YEAH.
I HAVE A COUPLE OF MEMBERS OF COUNCIL THAT SIGNED.
SO RECOGNIZING COUNCIL MEMBER RAMNEY.
THANK YOU FOR YOUR PRESENTATION.
I JUST WANTED TO, TO SEE IF YOU COULD GIVE US AN EXAMPLE OF A, A UNLAWFUL DISCLOSURE.
LIKE WHEN YOU MENTIONED AN UNLAWFUL DISCLOSURE FROM A CLOSED MEETING.
LIKE, UH, WHAT, WHAT ACTUALLY IN YOUR INVESTIGATION, OR HOW DO YOU DETERMINE IT WAS UNLAWFUL? UH, JUST BASICALLY ANY INFORMATION.
SO IT, IN IN LAW WE ALWAYS SAY, IT DEPENDS, RIGHT? IT, IT IS GONNA ALWAYS DEPEND ON THE FACTS AND CIRCUMSTANCES.
I COULD IMAGINE, UM, SOMEONE ALLEGING A VIOLATION AND NEEDING SOME EVIDENCE TO SUPPORT THAT, OR SOMEONE ALLEGING SOME MISCONDUCT AND NEEDING, NEEDING TO REFER TO STATEMENTS MADE IN THE CLOSED SESSION TO SUPPORT THAT.
UM, AND I THINK I'VE EVEN SEEN IT COME UP IN, IN A A, A COMPLAINT WE GOT, AND I'M MAYBE YOU REMEMBER IT, INVESTIGATOR KELLY, CONCERNING I THINK THERE WAS A LAWSUIT OR LITIGATION.
AND SO IT, THAT INFORMATION, THE FACTS RAISED IN THAT CLOSED SESSION WERE RELEVANT.
UM, AND SO I THINK UNLAWFUL WILL BE MUCH MORE CLEAR, UNLAWFUL WILL BE, UM, FOR PERSONAL USE, FOR PERSONAL BENEFIT.
UM, MAYBE DISCLOSING IT ON SOCIAL MEDIA OR SOMETHING LIKE THAT, I CAN IMAGINE WOULD BE, UM, SOMETHING THAT IMMEDIATELY COMES TO MIND.
I HAVEN'T, I HAVEN'T HAD MANY INSTANCES WHERE, UM, WE'VE GOTTEN COMPLAINTS ABOUT AN UNLAWFUL DISCLOSURE OF A CLOSED EXECUTIVE SESSION.
JUST THE ONE WHEREIN IT, I THINK IT WAS DISCLOSED IN THE CONTEXT OF LITIGATION.
THANK YOU FOR THE PRESENTATION.
HEY, UM, I HAD A QUESTION ABOUT THE, UH, PUBLIC TESTIMONY PART WHEN YOU, UM, WERE SPEAKING ABOUT, UM, THERE'S A LAW THAT TALKS ABOUT THAT PEOPLE CAN SPEAK ON PUBLIC COMMENTS AND IF WE RESTRICT THEM, IF RIGHT NOW, IF OUR, UM, IF OUR PUBLIC COMMENT IS OPEN TO ANYONE AND WE CHANGE THAT AND RESTRICT IT, ARE WE TO ADHERE TO, TO THE LAW OR TO WHAT OUR CHARTER WOULD SAY? SO I CAN PULL, LET ME GRAB THE GOVERNMENT CODE BECAUSE THE, THE SHALL PERMIT PUBLIC, UH, TESTIMONY IS REALLY LIMITED TO THINGS THAT ARE ON THE AGENDA.
AND IT'S, AND SO I HAVE, I CAN LOOK SPECIFICALLY AT IT AND, UM, AND, AND SORT OF IF THAT'S YOUR QUESTION, UM,
[00:30:01]
BUT TO THE EXTENT IT CONFLICTS, UM, I'LL LET YOUR CITY ATTORNEY SORT OF ADVISE YOU.MY, MY RECOMMENDATION WOULD BE TO THE SENATE, IT CONFLICTS GO WITH THE STATUTE.
UM, BUT WHILE YOU LOOK FOR THAT, MY SECOND QUESTION IS THE PROHIBITED SERIES OF COMMUNICATIONS, IS THAT ONLY RELATIVE TO THINGS THAT ARE ON THE AGENDA OR THAT COULD POSSIBLY BE ON THE AGENDA? THINGS THAT WE WOULD HAVE TO VOTE ON? IS THAT WHAT YOU'RE YEAH, SO I THINK WHEN IT, AS IT RELATES TO CLOSED MEETINGS, IT'S GONNA BE THINGS THAT YOU'RE GUYS GONNA BE DELIBERATING ABOUT.
UM, AND IT'S, IT'S DIFFICULT FOR ME TO SAY, LIKE WHAT MAY BE IN THE PIPELINE, RIGHT? IN TERMS OF THINGS YOU MAY BE, BE, UM, HAVING TO DISCUSS.
UM, I DON'T THINK IT'S LIMITED TO, I'LL SAY I DON'T THINK IT'S LIMITED TO THINGS THAT ARE CURRENTLY ON THE AGENDA.
SO LIKE, YOU GUYS MAY BE ANTICIPATING A PERSONNEL CHANGE OR SOMETHING COMING DOWN THE PIKE.
AND I THINK IF IT IS SOMETHING THAT WOULD HAVE TO BE DELIBERATED BY THE BODY, THAT I WOULD CAUTION YOU ABOUT SORT OF ENGAGING IN THOSE SERIES OF COMMUNICATIONS, UM, IN ADVANCE OF WHAT WOULD LATER BE AN OPEN MEETING.
RECOGNIZING COUNCILMAN MARLES.
YEAH, I THINK ONE OF THOSE EXAMPLES IS WHEN A RESIDENT CALLS US TO SAY, HEY, I WANNA TALK TO YOU ABOUT SOME UPCOMING ZONING, AND WE ALL HAVE TO BE REAL CAUTIOUS, AND THAT'S WHAT OUR ATTORNEY SAYS ALL THE TIME.
UM, MY QUESTION IS AROUND CONDUCT OF THE PUBLIC.
OKAY, SOME, WE GET PAID A LOT OF MONEY TO SIT UP HERE AND WE SHOULD HAVE THICK SKIN, BUT, UM, SOMETIMES PUBLIC COMMENTS COME ACROSS VERY AGGRESSIVE AND UM, YOU KNOW, JUST NOT APPROPRIATE.
SO IS THERE SOME LEVEL OF RESPONSIBILITY FROM THE PUBLIC? YOU KNOW, I HAVE SEEN ON YOUTUBE, SOME, SOME COUNCIL MEETING, YOU KNOW, SOME MEMBERS OF PUBLIC JUST GO OFF THE RAILS.
AND SO I DON'T, I THINK SOME OF THAT CONDUCT BORDERS ON HARASSMENT OR, UH, DISORDERLY, RIGHT? AND SO CERTAINLY THERE ARE TIMES WHERE WE WE'RE, WE'RE ASKED TO HAVE TO LOOK, EXAMINE THE CONDUCT OF THE PERSON AND, AND THEY'RE NOT IMMUNE.
LIKE, SO IF THEY OFFER UP, YOU KNOW, EVIDENCE SHOWING THAT THEY WERE SHUT DOWN WITH THEIR CONDUCT LOOKS LIKE THEY'RE DISRUPTING A MEETING, WHICH IS AN OFFENSE, OR THEY'RE DISORDERLY AND OR THE THE COMMENTS THAT THEY'RE MAKING ARE OBSCENE.
I THINK, UM, IN A CIRCUMSTANCE STANCE LIKE THAT, WE'LL HAVE TO EVALUATE THAT AS WELL IN DECIDING, UM, WHAT'S THE APPROPRIATE RESOLUTION OF THEIR COMPLAINT BECAUSE WE'VE HAD PROPS COME FORWARD, WE'VE HAD A LOT OF DIFFERENT BEHAVIORS BEFORE.
SO, UH, I GUESS IT'S UP TO US HOW WE MANAGE THAT THEN.
AND, AND I'VE SEEN, I THINK PEOPLE COME AND OFFER, UM, PUBLIC, AND I THINK IT WAS ON YOUTUBE, BUT THEY WERE LIKE FILMING THEMSELVES FOR THEIR YOUTUBE.
AND SO, UM, YEAH, I'VE SEEN THE KIND OF CONDUCT YOU'RE, YOU'RE SORT OF DESCRIBING AND, UM, I DON'T THINK THAT THE PUBLIC TESTIMONY THAT SHALL LANGUAGE, UM, I WILL JUST SAY THIS.
I WILL SAY AS IT RELATES TO BEING A CRIME, UM, THERE IS NO CRIMINAL PROVISION ASSOCIATED WITH, UM, PUBLIC TESTIMONY IN YOUR RESTRICTIONS AROUND THAT.
MM-HMM,
SO WHEN YOU HAVE, UM, MEMBERS OF PUBLIC THAT COME BEFORE YOU AND YOU KNOW, THEY'RE TAKING THEIR TIME AND, AND READING AN AGENDA, UH, WHICH COULD BE ANY AGENDA OUT OF THE 10 ITEMS THAT WE MAY HAVE, AND THEY'RE HOLDING UP FLASHCARDS OF SAYING THAT, YOU KNOW, Y'ALL ARE COWARDS OR TAKE ACTION OR THINGS LIKE THAT.
HOW DO YOU MANAGE THAT? HOW DO I, WHAT, HOW WOULD YOU, HOW WOULD WE MANAGE THAT? AND WHAT'S YOUR OFFICE CAN DO WITH THAT IF THEY'RE HOLDING UP CARDS? PROBABLY NOTHING.
SO WOULD I BE ABLE TO HOLD A CAR
I MEAN, COULD YOU PHYSICALLY HOLD UP THE CAR? SURE.
I MEAN, I DON'T JUST LIKE THIS.
SO I'M NOT SPEAKING RIGHT? I'M JUST ASKING.
BUT I HAVE ONE WITHIN ONE OF OUR COUNTIES LAST WEEK, LAST ONE OF THE COUNTY, UH, WITH NOT THE COUNTY, BUT ONE OF THE CITIES IN THE COUNTY HAD SOME PEOPLE THAT CAME UP AND WAS SPEAKING ON PUBLIC COMMENTS.
AND, YOU KNOW, THEY, THEY HAVE TO STICK WITH THE AGENDA ITEMS, RIGHT? LIKE THE STATE LAW WOULD ALLOW YOU TO BE ON SPECIFIC WITH THE AGENDA ITEMS, UM, TO SPEAK ON PUBLIC COMMENTS.
YOU CAN'T JUST COME UP AND SAY ANYTHING.
SO IT WOULD HAVE TO BE ONE OF THE AGENDA ITEMS. SO INSTEAD THEY START READING THE AGENDA ITEMS,
[00:35:01]
TOOK THREE MINUTES TO READ THAT AGENDA ITEM, WHICH MEANS THE LONG PAUSES BETWEEN WORDS, BUT THEN THEY'RE HOLDING UP CARDS, UM, SO THAT THE DAS PEOPLE ON THE DIOCESE COULD SEE THAT SAYS, TAKE ACTION, UH, STOP BEING COWARDS, YOU KNOW, THINGS OF THAT NATURE.WHERE THIS WAS, I MEAN, I'VE HEARD IT FROM ANOTHER MAYOR.
WHO'S IN THIS COUNTY AS A CITY? UM, SO SINCE YOU WERE COMING BEFORE US MM-HMM.
I DON'T HAVE A PROBLEM WITH THEM HOLDING CARDS, BUT CAN I HOLD MY CARDS? YOU DON'T HAVE TO ANSWER THAT NOW, BUT JOY JUST LIKE CURLED UP
SO I WANTED TO CIRCLE BACK TO, UM, THE QUESTION.
OH, I WANTED TO CIRCLE BACK TO THE QUESTION.
I THINK YOU ASKED ABOUT THINGS THAT ARE, UM, BEFORE THE BODY AND, AND DOES IT HAVE TO BE LIKE IT WAS ONE OF THE ONE QUESTION? I THINK IT, YEAH.
DOES IT HAVE TO BE, UM, A MATTER LIKE THAT WE'RE CURRENTLY DELIBERATING OR SLATERS TO BEYOND THE AGENDA AND THE WAY THAT THE STATUE READS IS THAT IT'S CONCERNING AN ISSUE WITHIN THE JURISDICTION OF THE GOVERNMENTAL BODY.
IT'S VERY BROAD IN TERMS OF, UM,
LOOSE ANIMALS AND YOU KNEW AT THE TIME THAT THE SERIES OF THE COMMUNICATION INVOLVED OR WOULD INVOLVE A QUORUM AND WOULD CONSTITUTE A DELIBERATION.
SO YOU WOULD HAVE TO CERTAINLY KNOW THE NU THE PEOPLE THAT WOULD BE A PART OF THIS COMMUNICATION.
UM, BUT IT REALLY COULD JUST BE ABOUT ANYTHING WITHIN YOUR JURISDICTION.
MAY I HAVE ONE LAST QUESTION? YEAH.
SO IT LEADS ME TO ANOTHER QUESTION, UH, THAT YOU MENTIONED ABOUT, YOU KNOW, IF SOMEONE FILES A COMPLAINT THAT WAS RESTRICTED FROM BEING IN OUR COUNCILMAN MEETING FOR WHATEVER REASON, UM, IF WE HAVE DECIDED THAT THAT INDIVIDUAL IS DISRUPTIVE, HARASS, HARASSING OR DISTURBING THE, UM, THE QUALITY OF THE MEETING, AND THEY HAVE BEEN RESTRICTED FROM BEING HERE AND NOTIFIED, UM, AND WHEN THEY ARE NOT ALLOWED TO BE IN HERE, HOW DOES THAT IMPACT US IF A COMPLAINT IS FILED IN YOUR OFFICE? SO IF A COMPLAINT IS FILED IN OUR OFFICE, HOW WE WOULD INVESTIGATE IT? I MEAN, IF I DON'T, I CAN'T REALLY OFFER AN OPINION BASED ON THE INFORMATION YOU'VE GIVEN ME AT THIS POINT, BUT WE WILL CERTAINLY INVESTIGATE THE FACTS OF WHETHER IT'S A DISRUPTION OF A MEETING, WHETHER IT'S A DISORDERLY, I DON'T KNOW THAT YOU CAN, IF YOU'VE SORT OF ISSUED A CRIMINAL TRESPASS SITU, I GOT, I WOULD HAVE TO JUST REALLY KNOW THE SPECIFIC FACTS TO TELL YOU HOW WE WOULD PROCEED.
BUT, UM, IT WOULD, IT WOULD SORT OF JUST DEPEND.
SO THEY WOULD STILL BE WITHIN THEIR RIGHTS TO FILE A COMPLAINT, UM, AGAINST, I GUESS IT WOULD BE THE BODY, IF THEY ARE, IF THEY VIOLATE OUR, OUR, UM, ORDINANCE THAT STATES THAT IN THEIR, IF YOU DISRUPT THE MEETING, ANYTHING, ANYTHING LIKE THAT MATTER, UM, YOU'D BE RESTRICTED FROM BEING A PART OF THE MEETING.
SO IF THEY WERE TO, EVEN THOUGH WE HAVE ORDINANCES THAT STATE THAT WE ARE ALLOWED TO DO THIS AND WOULD THEY HAVE A LEGITIMATE CLAIM TO FILE THAT PARTICULAR COMPLAINT IN YOUR OFFICE? REALLY WHAT I WAS ASKING.
I MEAN, SO ANYBODY CAN FILE A COMPLAINT.
UM, WE DETERMINE THE LEGITIMACY AFTER WE LOOK AT IT AND EVALUATE THE COMPLAINT BASED ON THE, THE PENAL CODE AND BASED ON THE, THE STATUTES AVAILABLE.
BUT YEAH, ANYBODY CAN SORT OF ALLEGE ANYTHING AND, AND, AND WE START THE EVALUATION AS WITH DO WE HAVE, IS THERE A LAW VIOLATION AS A CRIME FOR US TO, TO LOOK INTO? BUT CERTAINLY IF THERE ALLEGING, UM, THAT I WAS PRO, YOU KNOW, PREVENTED FROM ATTENDING, WE WOULD LOOK AT THE SURROUNDING FACTS OF THEIR CONDUCT, ANY RELEVANT ORDINANCES AND THINGS LIKE THAT.
RECOGNIZING COUNCIL MEMBER BONNEY.
UH, MY QUESTION IS SURROUNDING, UH, PROHIBITIVE, PROHIBITIVE AND, UH, RESTRICTIVE, UH, ACTIONS.
SO IF FOR INSTANCE WE'RE WE HAVE AN AGENDA ITEM, CITY COUNCIL ETHICS TRAINING, SOMEONE CAME AND SAID, I WANNA SPEAK ABOUT CITY COUNCIL ETHICS TRAINING, AND THEY GIVE THEIR COMMENT CARD OR SHEET TO THE CITY SECRETARY AND THEY GET UP AND THEY START TALKING ABOUT STRAWBERRIES OR THEY START TALKING ABOUT CHICKEN OR SOME OTHER TOPIC AND, UH, WE SEE THAT THAT'S NOT THE AGENDA ITEM IN QUESTION OR, OR WE OR THE MAYOR WHO'S THE, THE CHAIR, UH, IS HE ALLOWED TO SHUT DOWN THAT COMMUNICATION? UH, OR WOULD THAT BE CONS CONSIDERED RESTRICTED? 'CAUSE THEY'RE SPEAKING ON THE AGENDA ITEM, BUT IT'S THE SUBJECT MATTER.
SO THEY'RE NOT ACTUALLY TALKING ABOUT THE AGENDA ITEM ITSELF.
I'M SENSING A FAME FROM THE QUESTIONS THAT I'M GETTING ABOUT SORT OF THE DISRUPTIVE THING, THINGS THAT
[00:40:01]
YOU GUYS ARE, ARE FACING AT THE MEETING.WHAT I WILL SAY IS, IS THAT YOU, YOU, YOU HAVE A RIGHT TO SORT OF CONTROL THE FLOW OF YOUR MEETING, UM, TO ENSURE THAT IT'S PRODUCTIVE.
I WILL SAY THAT IT IS NOT A CRIMINAL, THERE IS NO CRIMINAL PENALTY ASSOCIATED WITH, UM,
I WOULD SORT OF CAUTION YOU ABOUT HOW YOU DO THAT IN TERMS OF IS IT, IS IT REALLY DISRUPTIVE OR IS IT JUST KNOWING, LIKE, I WOULD JUST SORT OF CAUTION YOU ABOUT HOW YOU DO THAT.
BUT CERTAINLY YOU, IF YOU HAVE A COMPLAINT ABOUT A DISRUPTION IN YOUR MEETING, THAT'S SOMETHING WE CAN INVESTIGATE TOO.
WE'RE NOT LIMITED TO JUST COMPLAINTS, MEMBERS OF THE PUBLIC SAYING THAT THEY ARE, THEY'RE BEING PREVENTED FROM SPEAKING.
WE CAN CERTAINLY ALSO ENTERTAIN COMPLAINTS BY YOU ALL ABOUT PEOPLE WHO ARE DISRUPTIVE, PEOPLE WHO ARE DISORDERLY AND, UM, AND WE'LL HAVE TO CERTAINLY BALANCE THEIR INTERESTS AND BALANCE THE PURPOSE OF HAVING AN OPENING A MEETING AND, AND, YOU KNOW, TO PROMOTE TRANSPARENCY AND, AND TO PROTECT FIRST AMENDMENT, BUT ALSO TO BE RESPECTFUL OF PEOPLE WHO ARE, HAVE A LEGITIMATE INTEREST IN FINDING OUT WHAT'S HAPPENING AND WHO ARE PREVENTED FROM DOING THAT IN A MEANINGFUL WAY BECAUSE SOMEONE IS, UM, INTERFERING WITH THAT.
RECOGNIZING COUNCIL MEMBER EMERY.
YEAH, MY, UH, QUESTION IS KIND OF IN LINE WITH WHAT, UH, COUNCILMAN, UH, BONY, UH, ASKED.
BUT YOU KNOW, WE HAVE SITUATIONS WHERE SOMEONE WILL, UH, IN PUBLIC COMMENTS WILL START BERATING AND INDIVIDUAL COUNCILMAN MAYOR ARE, UH, JUST MAKING DEROGATORY STATEMENTS AND I'M ASSUMING THAT WE HAVE THE ABILITY TO, TO CLOSE THAT COMMENT DOWN SO WE CAN CERTAINLY, UH, WE CAN CERTAINLY GO INTO A CLOSE EXECUTIVE SESSION TO ANSWER LEGAL QUESTIONS.
THAT IS THE SECOND PART OF THIS PRESENTATION.
WELL, AND MY, MY QUESTION IS IF, YOU KNOW, IF THAT IN FACT HAPPENS AND YOU GET A, UH, COMPLAINT FROM A CITIZEN THAT THEY WEREN'T, UH, UH, ALLOWED OR PREVENTED FROM GIVING A PUBLIC COMMENT BECAUSE OF, YOU KNOW, THE CONTENT OF THEIR COMMENTS, UH, WAS ONE THAT THAT, UH, VIOLATED SOME OF OUR, UH, UH, NORMS THAT, THAT WE'VE SET UP.
SO I'M ASSUMING THAT YOU'D LOOK AT ALL OF THAT AND DETERMINE WHETHER OR NOT THERE WAS ANY, ANY, UH, VALIDITY TO, UH, THE, UH, UH, THE COMPLAINT THAT MIGHT BE, UH, MIGHT BE GIVEN BY THE, UH, UH, BY THE CITIZEN MAKING THE, UH, PUBLIC COMMENT.
SO ARE THESE RECORDED? MM-HMM.
YEAH, ALL OF IT IS SO, ABSOLUTELY.
UM, THE RECORDED EVIDENCE WILL PROBABLY BE REALLY GREAT EVIDENCE.
WE GOT OUR OWN OF, UM, AND SO IF WE GET A COMPLAINT ALLEGING, UH, A VIOLATION EITHER FROM MEMBERS OF THE BODY SAYING THIS IS DISRUPTIVE, OR FROM A MEMBER SAYING, YOU KNOW, I WAS PREVENTED FROM SPEAKING, THAT WOULD BE REALLY GREAT EVIDENCE AND WE WOULD CERTAINLY LOOK INTO ALL THE FACTS AND CIRCUMSTANCES TO DETER, TO DETERMINE, UM, THE APPROPRIATE DISPOSITION.
WELL, SEEING NO ONE ELSE ON THE QUEUE, THANK YOU SO MUCH FOR YOUR COMING OUT HERE.
I DO WANNA HAVE OFFICER KELLY TO COME UP HERE.
UH, I KNOW YOU, YOU MADE IT OUT HERE.
I, WE APPRECIATE YOUR SUPPORT.
WORKING WITH THE CITY OF MISSOURI CITY AND, AND YOU DO SO WELL THROUGHOUT ALL THE OTHER CITIES IN CRAN COUNTY.
ALRIGHT, THANK YOU FOR BEING HERE AND LISTENING TO SOME OF THESE QUESTIONS.
AND, AND HEARING SOME OF OUR CONCERNS AS WELL.
WE REALLY APPRECIATE THE, UH, COLLABORATION WITH THE DISTRICT ATTORNEY'S OFFICE.
SO THANK YOU BOTH FOR BEING HERE.
UH, THE LAST SLIDE I HAVE FOR YOU JUST PROVIDES YOU WITH ADDITIONAL INFORMATION ON WHERE YOU CAN RECEIVE SOME ADDITIONAL TRAINING.
THE TEXAS ATTORNEY GENERAL'S OFFICE DOES PROVIDE ONLINE TRAINING FOR ALL ELECTED AND APPOINTED OFFICIALS THAT YOU ALL CAN TAKE AT ANY TIME TO REFRESH, UH, YOUR, YOUR, UH, EDUCATION AND RECOLLECTION ON THE TEXAS OPEN MEETINGS ACT.
ADDITIONALLY, THE CITY ATTORNEY'S OFFICE HAS ALREADY HAS ALSO, UH, PUT TOGETHER AN ETHICS, UH, TRAINING VIDEO THAT'S AVAILABLE ONLINE AS WELL, THAT WILL PROVIDE YOU WITH ADDITIONAL INFORMATION AT THIS TIME, IF YOU ALL HAVE ADDITIONAL LEGAL QUESTIONS, WE CAN CERTAINLY GO INTO A CLOSED EXECUTIVE SESSION PURSUANT TO SECTION 5 51 0.07, ONE OF THE TEXAS LOCAL GOVERNMENT OR TEXAS GOVERNMENT CODE.
[5. CLOSED EXECUTIVE SESSION]
SO THE TIME IS 6:15 PM AND THE CITY COUNCIL WILL NOW GO INTO A[00:45:01]
CLOSED EXECUTIVE SESSION PURSUANT TO SECTION 5 5 1 0.07, ONE OF THE GOVERNMENT CODE.[6. RECONVENE]
THE TIME IS 6:36 PM AND CITY COUNCIL IS NOW BACK INTO OUR SPECIAL MEETING.SINCE THERE'S NO MOTION, THERE'S NO DISCUSSION, THERE'S NO ACTIONS, WE'LL GO AHEAD AND CLOSE THE SPECIAL MEETING AT 6:36 PM.