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[Ethics Advisory Commission on July 25, 2023.]
WE, WE'VE ASSEMBLED A QUORUM AND WE STILL HAVE A FEW OTHERS THAT WILL BE JOINING US SHORTLY, BUT WE'LL GO AHEAD AND BEGIN TO STAY ON OUR SCHEDULE.IF, IF WE CAN WELCOME EVERYONE.
THIS IS A MEETING OF THE DALLAS, UH, ETHICS ADVISORY COMMISSION.
IT IS 9 33 ON TUESDAY, JULY 25TH, 2023.
THE MEETING IS NOW CALLED TO ORDER.
WILL THE COMMISSIONERS PRESENT? STATE THEIR NAME FOR THE RECORD.
AND IF WE CAN START, UH, WITH MR. VILLAREAL, ANDY VIAL, REPRESENTING PLACE.
UH, E A C, VICE CHAIR TIMOTHY POWERS.
AND NOW IF THE CITY STAFF WILL INTRODUCE THEMSELVES, BEGINNING WITH THE CITY SECRETARY'S OFFICE, MES LAVA MARTINEZ, DONNA BROWN, AND THE CITY ATTORNEY'S OFFICE.
WE'LL PROCEED WITH THE MEETING.
UH, MADAM SECRETARY, I UNDERSTAND THAT WE HAVE ONE PUBLIC SPEAKER WHO WISHES TO ADDRESS THE COMMISSION REGARDING ITEMS ON OUR AGENDA.
SPEAKERS ARE ALLOWED THREE MINUTES AND MAY ONLY SPEAK ON TODAY'S AGENDA ITEM BEFORE YOUR, YOU BEGIN SPEAKING.
SO PLEASE INDICATE TO THE COMMISSION WHAT ITEMS YOU WILL BE SPEAKING ON.
THE FOLLOWING INDIVIDUALS HAVE REGISTERED TO ADDRESS THE COMMISSION.
ADRIAN COLE AND THE SECRETARY WILL NOW RECITE THE SPEAKER GUIDELINES.
SPEAKERS MUST OBSERVE THE SAME RULES OF PROPRIETY DECORUM AND GOOD CONDUCT APPLICABLE TO THE MEMBERS OF THE COMMISSION.
ANY SPEAKERS MAKING PERSONAL IMPERTINENT, PROFANE OR SLANDEROUS REMARKS OR WHO BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION WILL BE REMOVED.
UM, YOU WILL BE GIVEN THREE MINUTES TO SPEAK WHEN YOUR TIME IS UP, I WILL ANNOUNCE.
UH, AS YOU PROBABLY RECALL, I WAS HERE AT YOUR LAST, UH, REGULARLY SCHEDULED MEETING IN APRIL.
AT THE TIME, I, I MENTIONED THAT I HAD PROVIDED A ETHICS COMPLAINT THAT I HAD NOT RECEIVED ANY UPDATED RESPONSE REGARDING AFTER THAT MEETING.
UH, INSPECTOR BEVERS CALLED ME, UH, AND INFORMED ME THAT THE INVESTIGATION WAS ONGOING, UH, THAT THEY HAD BEEN BUSY, WAS THE REASON THAT, UH, NO PROGRESS HAD BEEN MADE.
UH, SINCE THAT TIME, UM, I HAVE ASKED FOR A FEW MORE UPDATES.
AND THEN I WAS INFORMED A COUPLE OF WEEKS AGO THAT THE INVESTIGATION HAD BEEN EITHER SUSPENDED OR STOPPED DUE TO A, UH, LAWSUIT THAT HAD BEEN FILED.
UM, AND SO MY UNDERSTANDING IS THAT THIS INVESTIGATION WILL NO LONGER CONTINUE.
I UNDERSTAND THAT'S PART OF THE CITY GO CODE TO SUSPEND INVESTIGATIONS IN THAT CASE.
UH, ALSO PART OF THE CITY CODE SAYS THAT, UH, INVESTIGATIONS CANNOT BRING CHARGES MORE THAN A YEAR AFTER THEY'RE FILED.
AND SO IT'S LIKELY THAT THIS INVESTIGATION WILL GO AWAY AND, UH, WILL NOT BE HEARD FROM AGAIN.
I HAVE ASKED FOR A RECORD OF THE INVESTIGATION AND WAS TOLD THAT THIS IS PRIVILEGED.
AND SO MY UNDERSTANDING IS THAT THIS IS JUST, UH, DONE AND GONE.
I HAVE SOME CONCERNS ABOUT HOW THIS PROCESS WAS FOLLOWED.
FIRST OF ALL, AFTER MY COMPLAINT, UM, ORIGINAL COMPLAINT IN DECEMBER, AND THEN IN JANUARY, UH, SIX MONTHS WENT BY WITH, UH, I WAS NEVER CONTACTED PROACTIVELY BY THE INVESTIGATOR'S OFFICE.
I DON'T KNOW IF ANY INVESTIGATION ACTUALLY HAPPENED DURING THAT TIME.
UH, SUBSEQUENTLY, UM, IN THE INTERIM PERIOD, UH, YOU ALL WERE PRESENT FOR WHEN, UM, A FORMER EMPLOYEE WAS CHARGED WITH, UH, DISRESPECTFUL BEHAVIOR, SPEEDING.
AND OVERTIME, UH, THOSE, UH, INVESTIGATION WAS OPENED.
CHARGES WERE CLOSED AND FILED IN THE INTERVENING PERIOD.
AFTER I BROUGHT THIS, UH, TO THE INVESTIGATOR'S OFFICE'S ATTENTION, I ALLEGED SERIOUS VIOLATIONS OF THE ETHICS CODE OCCURRED HERE, UH, AT THE LEAST OF WHICH ARE THAT TRANSPARENCY, FAIRNESS, UM, COMMITMENT TO THE PEOPLE OF DALLAS, FIRST AND FOREMOST, WAS NOT FOLLOWED.
IT'S INTERESTING TO ME THAT, UM, WHEN THIS INVESTIGATION WAS SUSPENDED OR CANCELED, IT WAS DONE SO ON THE BASIS OF A LAWSUIT, UH, THAT WAS AN APPEAL, UH, OF A CITY PROCESS, UH, WHICH WE WERE REQUIRED TO FILE FILE IN ORDER TO RETAIN OUR RIGHTS FOR APPEAL.
UM, THIS LAWSUIT DID NOT NAME THE INDIVIDUAL FOR WHICH I FOLLOWED THE ETHICS COMPLAINT, UH, SPECIFICALLY.
AND IT'S INTERESTING TO ME THAT SOMEHOW THE INVESTIGATOR'S OFFICE BECAME AWARE OF THIS OFF, UH, LAWSUIT AND KNEW IT HAD REGARDS TO THIS INDIVIDUAL AND SUBSEQUENTLY CANCELED THE CASE.
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TO THE INVESTIGATORS ORIGINALLY THAT WAS THAT THIS BE KEPT CONFIDENTIAL AND THE CITY ATTORNEY'S OFFICE NOT BE INVOLVED.SOMEHOW, THE CITY ATTORNEY'S OFFICE MADE THE INVESTIGATOR'S OFFICE AWARE OF THIS LAWSUIT AND EITHER INSTRUCTED THEM OR ASSISTED THEM IN SUSPENDING OR CANCELING THIS INVESTIGATION.
I ALLEGE THAT VERY SERIOUS, UM, INFRACTIONS HAVE OCCURRED HERE.
I, UH, I'LL BE CAREFUL MY CHOICE OF WORDS, BUT I WILL STATE THAT THE PERSON, MAY I PLEASE HAVE TWO MORE MINUTES.
I ALLEGE THAT THE PERSON THAT I MADE THE COMPLAINT AGAINST STOOD WHERE I'M STANDING HERE TODAY IN A SWORN STATEMENT TO THE CITY PLAN COMMISSION, AND MADE MISLEADING STATEMENTS, WHICH WERE NOT THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
AND, UH, IN MY OPINION, THOSE RISE TO A LEVEL OF FALSE STATEMENTS.
MR. BE IN THE, UH, PREVIOUS TRIAL HERE COMMENTED ON WHAT A SERIOUS INFRACTION IT IS FOR SOMEONE TO BE ACCUSED OF PERJURY AS A CITY EMPLOYEE.
THE ALLEGATIONS I'VE MADE, UH, IN MY OPINION, RISE CLOSE TO THAT LEVEL AND ARE WORTHY OF INVESTIGATION, OF TRANSPARENCY, OF PUBLIC, UH, DISCOURSE.
AS OF NOW, THEY ARE DONE AND GONE.
THE ONLY WAY YOU'LL BE MADE AWARE OF THIS, AND THE INCIDENTS THAT HAPPENED IN MY ALLEGATION IS IF I TELL YOU IN THIS FORUM TODAY, I WANT TO GIVE YOU THE INFORMATION THAT I GAVE TO THE, UM, INVESTIGATOR'S OFFICE, SO THAT YOU'RE AWARE OF THIS AND YOU CAN CHOOSE WHAT TO DO WITH IT.
YOU ALL ARE AN INDEPENDENT COMMISSION.
YOU'RE, UH, CITIZENS OF THE CITY OF DALLAS, ACCOUNTABLE TO THE CITY OF DALLAS.
I ALLEGE THAT THE RIGHTS OF THE COMPANY REPRESENT, AND MY RIGHTS HAVE BEEN, UM, NOT SUPPORTED IEGE, THAT THE ALLEGATIONS I'VE MADE HAVE NOT BEEN INVESTIGATED.
THAT A REASONABLE OUTCOME HAS NOT BEEN DETERMINED, AND THIS HAS BEEN SWEPT UNDER THE RUG.
MY, UH, CONCLUSION FROM THIS, AND I'M I'M SORRY TO MAKE THESE ALLEGATIONS, IS THAT THE CITY ATTORNEY'S OFFICE DOES NOT WANT THIS INVESTIGATED AND IS TRYING TO PUSH THIS AWAY TO WHERE YOU ALL WILL NOT BE AWARE OF IT, AND THE PEOPLE OF DALLAS WILL NOT BE AWARE OF IT.
I'M DOING EVERYTHING I CAN AS A CONCERNED CITIZEN, MAKING SWORN STATEMENTS, TRYING TO MAKE YOU ALL AWARE OF THIS.
IF YOU CHOOSE TO DO SOMETHING WITH IT, YOU HAVE EVERYTHING AVAILABLE TO YOU AND ARE AVAILABLE FOR ANY QUESTIONS OR ADDITIONAL INFORMATION.
US TAKE IT UNDER ADVISEMENT AND, AND WE'LL CONTACT YOU ONE WAY OR THE OTHER.
CAN I ASK, CAN I JUST ASK A A QUICK QUESTION OF THIS GROUP IN THIS FORUM, ARE WE, SO WE'RE NOT ASKING QUESTIONS, BUT HOW CAN WE COMMUNI AS A BODY, HOW CAN WE COMMUNICATE WITH HIM SUBSEQUENTLY? I THINK HE'S GIVEN US ALL THIS CONTACT INFORMATION.
BUT I'M, BUT WE CAN COLLECTIVELY DISCUSS THIS AND THEN REACH BACK OUT IN THE RIGHT FORUM.
UM, LET'S MOVE ON TO AGENDA ITEM NUMBER TWO, WHICH IS THE APPROVAL OF THE MINUTES FROM OUR APRIL 18TH MEETING.
MAY I HAVE A MOTION THAT WE APPROVE THOSE MINUTES, WHICH YOU HAVE ON YOUR TABLETS, MR. RUBIN, MOVE TO APPROVE.
UM, ALL IN FAVOR? I DO HAVE ONE CORRECTION, MR. CHAIR.
IN THE FOOTNOTE, IT SAYS, MEMBERS OF THE PERMIT AND LICENSE APPEAL BOARD PARTICIPATED BY VIDEO.
OBVIOUSLY THAT SHOULD BE ETHICS ADVISORY COMMISSION.
UM, THANK YOU FOR CATCHING THAT, CHAD.
UM, WITH THAT CORRECTION, IS THERE A MOTION? UH, NOT A MOTION, BUT ARE WE READY TO APPROVE? YES.
UH, WITH THE MODIFICATION, WE ACCEPT THE MODIFICATION.
ANY OPPOSED MINUTES AS, UH, MODIFIED, CARRIE.
AND WE'LL NOW MOVE ON TO THE NEXT AGENDA ITEM, WHICH IS A BRIEFING FROM OUR INSPECTOR GENERAL.
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CHAIRMAN, MEMBERS OF THE COMMISSION.IT'S BEEN THREE MONTHS SINCE WE LAST HAD THE OPPORTUNITY TO VISIT, AND, UH, THAT OPPORTUNITY WAS ON APRIL 18TH.
WHAT'S HAPPENED SINCE APRIL 18TH? UH, WE'VE HIRED AN ATTORNEY NAMED RACHEL CRAIG.
WE HIRED HER AWAY FROM THE STATE BAR OF TEXAS.
AND, UH, SHE'S GONNA BE WORKING ON THE CHIEF INTEGRITY OFFICER SIDE OF THE OFFICE, HELPING AND WITH TRAINING AND ADVISORY OPINIONS.
WE ISSUED OUR SECOND QUARTERLY REPORT FOR THE SECOND QUARTER OF FISCAL 23.
WE ARE ALMOST FINISHED WITH THE THIRD QUARTERLY REPORT, AND THAT WILL BE COMING OUT SHORTLY.
WE SPENT SOME TIME WORKING ON AN ADMINISTRATIVE DIRECTIVE, TWO DASH 14, WHICH IS CLOSE TO COMPLETION.
WE MADE THE NECESSARY REVISIONS TO REFLECT THAT THE I G D NOW RECEIVES AND INVESTIGATES COMPLAINTS OF FRAUD, WASTE, ABUSE, AND ETHICS VIOLATIONS.
PRIOR TO THE CREATION OF THE I G D, THE ADMINISTRATIVE DIRECTIVE EMPOWERED THE CITY AUDITOR TO RECEIVE AND INVESTIGATE COMPLAINTS OF FRAUD, WASTE, AND ABUSE.
AND I BELIEVE WE'RE VERY CLOSE TO HAVING THAT READY FOR PUBLIC COMMENT.
I WAS CALLED DOWN TO APPEAR BEFORE THE CITY COUNCIL BRIEFING ON PROPOSED ETHICS ORDINANCE AMENDMENTS ON JUNE 7TH.
AND SEVEN DAYS LATER, I WAS CALLED DOWN AGAIN ON JUNE 14TH.
DURING THE TIME THAT HAS TRANSPIRED SINCE APRIL 18TH, WE HAVE ISSUED 13 ADVISORY OPINIONS FROM THE CHIEF INTEGRITY OFFICER SIDE OF THE OFFICE BY WAY OF TEAM BUILDING.
UH, WE'VE CONDUCTED QUITE A FEW INTERVIEWS FOR, UH, A COUPLE OF OPEN POSITIONS, AND WE'VE HIRED TWO NEW INVESTIGATORS THAT WILL BEGIN WORK ON AUGUST THE SEVENTH.
AS FAR AS OUR VISION MOVING FORWARD, UM, I WOULD CHARACTERIZE IT KIND OF IN TWO PHASES.
PHASE ONE WAS THE CONTINUATION OF STANDING UP THE IG DIVISION, UH, DEVELOPING AND REFINING OPERATIONS AND PROCEDURES.
AND NOW THAT THE CITY COUNCIL HAS APPROVED THE AMENDMENTS TO 12 A, UH, THE INSPECTOR GENERAL DIVISION IS FINALIZING PROCEDURES AND TO COMPLY WITH GREEN BOOK STANDARDS.
PHASE TWO WOULD BE THE IMPLEMENTATION OF A COMPREHENSIVE MARKETING PLAN.
UH, AND THAT HAS BEEN STARTED.
MARKETING WILL BEGIN IN AUGUST.
THE PLAN CALLS FOR REGULAR AD HOC AND SPECIAL TRAININGS THROUGHOUT THE YEAR, ENHANCED BY MONTHLY THEMES AND QUARTERLY EVENTS.
UH, SOME OF THE PROGRESS TO DATE IS, UM, WE'RE GONNA HAVE ARTICLES COMING OUT, AND THEY'RE GONNA BE ENTITLED ETHICS MATTERS.
THAT'S GONNA BE ON A MONTHLY BASIS, UH, ETHICS E-NEWSLETTER.
IT'S GONNA HAVE CONTENT, UM, THAT'S DETERMINED AHEAD OF TIME.
SO WITH THAT MONTHLY THEME, AND IT SHOULD BEGIN IN AUGUST, THERE'LL BE SOME THEME RELATED TO ETHICS THAT WILL BE FOLLOWED UP WITH ARTICLE, UH, WITH QUIZ EMAILS THAT ARE BEING CREATED, UH, SOMETHING TO ENGAGE EMPLOYEES.
AND IF YOU SCORE HIGH ENOUGH ON IT, WE LOOKED INTO WHAT KIND OF REWARDS COULD WE GIVE PEOPLE? AND I THINK WHAT WE'VE REALIZED IS WE CAN MAKE A, A SMALL ARRAY OF SMALL GIFTS THAT THEY MIGHT AVAIL THEMSELVES OF FOR THOSE WHO PASS THE QUIZ AT A HIGH ENOUGH RATE.
UH, THAT'S OBVIOUSLY TO REINFORCE THE THEME FOR THE MONTH.
UH, THE PLAIN LANGUAGE GUIDE IS BEING PREPARED FOR DISTRIBUTION.
THERE IS A MAJOR AMENDMENT SUMMARY OF ALL THE CHANGES TO THE ETHICS CODE THAT IS BEING PREPARED.
AND WE'RE CURRENTLY GOING THROUGH AND EVALUATING THE FORMS IN THE CITY SECRETARY'S OFFICE, LIKE THE GIFT FORMS AND THINGS TO MAKE SURE THAT THEY COMPLY WITH THE AMENDMENTS TO THE ETHICS ORDINANCE.
AND WE'RE DEVELOPING SOME RESOURCES, UM, FOR EDUCATING LOBBYISTS, PEOPLE WHO DO BUSINESS WITH THE CITY, CURRENT AND FORMER EMPLOYEES.
AS FAR AS HIGHLIGHTS, UM, THE INTEGRITY OFFICER PROGRAM IS MENTIONED IN 12, A NINE AND 12, A 47 I'M SURE MOST OF YOU GUYS ARE FAMILIAR WITH.
UH, BUT CHAPTER 12 A OF THE CITY CODE
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ESTABLISHES THAT INTEGRITY OFFICER PROGRAM UNDER THE SUPERVISION OF THE INSPECTOR GENERAL DIVISION.AND THE PURPOSE IS PROVIDING SUPPORT TO CITY OFFICES AND DEPARTMENTS BY ENSURING THAT EMPLOYEES, OFFICIALS, AND PEOPLE DOING BUSINESS WITH THE CITY COMPLY WITH THE CODE OF ETHICS AND ADHERE TO ALL ETHICAL STANDARDS AND REPORTING REQUIREMENTS.
AND TO FURTHER THIS PURPOSE, THE I G D DIVISION OF THE CITY ATTORNEY'S OFFICE AND THE CITY MANAGER'S OFFICE ARE INITIATING COMMUNICATIONS AND EDUCATIONAL INFORMATION ABOUT ETHICS TO CITY EMPLOYEES, CITY OFFICIALS, AND RESIDENTS AND RESIDENCE.
AND THIS WILL BEGIN NEXT MONTH IN AUGUST.
THESE COMMUNICATIONS ARE BEING SPEARHEADED BY OUR CHIEF INTEGRITY OFFICER, MR. BARON ELIASON, UH, WHO WORKS IN THE INSPECTOR GENERAL DIVISION AND ETHICS OFFICER.
HIGH TREND OF THE CITY MANAGER'S OFFICE.
THE CHIEF INTEGRITY OFFICER'S ROLE IS TO COMMUNICATE, TRAIN, AND WRITE ADVISORY OPINIONS ABOUT ETHICS.
THE ETHICS OFFICER'S ROLE IS TO COMMUNICATE ABOUT ETHICS INTERNALLY VIA THE CITY MANAGER'S OFFICE.
UH, THE CITY ATTORNEY'S OFFICE AND THE CITY MANAGER'S OFFICE ARE COLLABORATING, COLLABORATING CLOSELY ON THIS PROCESS TO PROVIDE ETHICS, TRAINING AND INFORMATION TO FURTHER THE PRINCIPLES OF CONDUCT AND THE CODE OF ETHICS, AND BUILD A CULTURE OF TRUST THAT EXEMPLIFIES THE CITY'S FIVE CORE VALUES, EMPATHY, ETHICS, EXCELLENCE, ENGAGEMENT, AND EQUITY.
AND WHILE THE I G D DIVISION WILL BE RESPONSIBLE FOR ENFORCEMENT OF THE CODE OF ETHICS, THE ETHICS OFFICER IN THE CITY MANAGER'S OFFICE WILL EMPHASIZE PSYCHOLOGICAL SAFETY COLLABORATION ACROSS DEPARTMENTS AND CULTURE OF UNDERSTANDING INTEGRITY AND INCLUSION.
THIS COLLABORATION WILL ADDRESS SEVERAL KNOWN ISSUES.
COMMUNICATION AND TRAINING RELATED TO THE CODE OF ETHICS REQUIREMENTS WILL REDUCE THE CURRENT FRAGMENTATION OF INFORMATION ABOUT ETHICS AND THE CONFUSION ABOUT HOW THE COMPLAINT AND ENFORCEMENT PROCESS WORKS.
UH, INCREASING INTERNAL AWARENESS WILL DRIVE VALUE AND ENGAGEMENT IN THE PRACTICE OF ETHICS AND BUILDING TRUST IN CITY GOVERNMENT.
AND THAT COLLABORATION IS KIND OF FOCUSED ON THREE MAIN COMPONENTS.
THE FIRST IS DATA COLLECTION AND ANALYTICS.
THE SECOND IS COMMUNICATION, AND THE THIRD IS TRAINING.
MR. INSPECTOR GENERAL, I HAVE A QUESTION.
UM, IS THE ONE YEAR STATUTE OF LIMITATIONS ON THESE COMPLAINTS BASED ON THE DATE OF THE COMPLAINT MADE? WHEN DOES THE STATUTE OF LIMITATIONS BEGIN TO RUN? CORRECT.
I BELIEVE THAT'S WHEN THE COMPLAINT COMES IN, BUT I COULD BE WRONG.
I'LL CHECK ON THAT AND GET YOU A DIRECT, A CORRECT ANSWER.
AND I, AND I THINK I CAN CLARIFY THAT IT'S, IT'S REALLY ONE YEAR FROM THE DATE OF THE EVENT THAT THE, THAT THE EVENT OCCURRED ONE YEAR.
SO IF THE COMPLAINT IS MADE WITHIN ONE YEAR OF THE EVENT OCCURRING.
UM, AND I HAVE SOME OTHER QUESTIONS.
UM, SO I WAS LOOKING OVER, IT WAS THE FIRST QUARTER QUARTERLY REPORT, AND I WAS LOOKING AT THE SUMMARIES OF THE COMPLAINTS MADE AND HOW THEY WERE RESOLVED.
UM, AND MOST OF THEM, YOU KNOW, MADE SENSE OF UNSUBSTANTIATED, NOT RELATED TO CITY OF DALLAS STATUTE OF LIMITATIONS REFERRED TO HR.
ONE OF THEM WAS A COMPLAINT REGARDING A POTENTIAL CONFLICT OF INTEREST IN CONTRACT FRAUD.
AND IT WAS REFERRED TO AN OUTSIDE AGENCY FOR INVESTIGATION.
THE I G D WILL TAKE NO FURTHER ACTION.
I'M JUST GONNA GIVE THEM ALL TO YOU, AND THEN YOU CAN, UM, WHY IS IT OUTSOURCED AS OPPOSED TO YOUR DIVISION HANDLING IT? TO WHOM IS IT OUTSOURCED? I, I'M SORRY, I COULDN'T HEAR THE LAST QUESTION.
TO WHOM IS IT OUTSOURCED? HOW IS IT DECIDED, HOW IT'S OUTSOURCED? DOES THE CITY OF DALLAS PAY FOR THAT? AND IS THERE ANY KIND OF COMPETITIVE BIDDING FOR THAT SORT OF SITUATION? OUT OF THE 300 PLUS COMPLAINTS THAT CAME IN OVER THAT TIME PERIOD, I'M THINKING I MAY KNOW THE ONE THAT YOU'RE SPEAKING OF.
AND THERE WAS A COMPLAINT THAT CAME
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IN.IT WAS FILED BY A PERSON WHO HAPPENS TO BE A FRIEND OF MINE.
AND UNDER THE ETHICS ORDINANCE, IT'S NOT JUST ENOUGH FOR ME TO, UH, STEP BACK AND RECUSE MYSELF FROM ANYTHING THAT HAS THE APPEARANCE OF IMPROPRIETY.
SO I PULLED OUT THE ETHICS ORDINANCE, FILED THE LETTER WITH THE CITY SECRETARY'S OFFICE, NOTIFYING THEM OF THIS POTENTIAL PERCEIVED CONFLICT OF INTEREST.
AND THEN AT THAT POINT, UH, IT WAS TAKEN OUTTA MY HANDS AND FORWARDED TO SOMEBODY ELSE.
UM, WHEN SOMETHING LIKE THAT HAPPENS, I WANNA MAKE SURE THAT I DO WHAT'S IN THE ORDINANCE, BUT FROM THAT POINT FORWARD, ALSO WANT TO KIND OF HANDS HAVE A HANDS OFF APPROACH, BECAUSE I DON'T WANT TO TOUCH ANYTHING THAT SOMEBODY COULD LOOK AT AND SAY, OH, YOU JUST DID THAT BECAUSE HE WAS YOUR FRIEND, OR YOU DIDN'T DO THAT BECAUSE OF THIS.
SO I, I BELIEVE THAT'S PROBABLY THE ONE YOU'RE REFERRING TO.
SO IT GOES TO THE CITY'S SECRETARY'S OFFICE, CAN YOU HEAR ME? AND THEY OUTSOURCE IT.
UM, I BELIEVE THE CITY ATTORNEY'S OFFICE FORWARDS THAT TO AN OUTSIDE FIRM THAT, THAT CAN HANDLE INVESTIGATIONS AND THAT KIND OF THING.
AND I BELIEVE THAT'S PROBABLY WHERE IT'S LANDED.
ANY ADDITIONAL QUESTIONS? I HAVE A COUPLE OF QUESTIONS.
UM, MR. INSPECTOR GENERAL ON THE, UM, YOU MENTIONED THE 13 ADVISORY OPINIONS.
SO ARE THOSE SITUATIONS WHERE CITY STAFF IS REACHING OUT TO YOU SAYING, HEY, BEFORE WE TAKE THIS ACTION, WE'D LIKE TO GET CONFIRMATION AHEAD OF TIME? IS THAT THE CONTEXT OF THESE OPINIONS? YES, SIR.
UH, TWO BIG THINGS ON ADVISORY OPINIONS, THEY HAVE TO BE PROSPECTIVE IN NATURE.
AND NUMBER TWO, THEY HAVE TO INVOLVE MY CONDUCT.
SO IF I'M THE PERSON THAT'S REACHING OUT, I CAN'T SAY, HEY, UH, I WANT TO ASK A QUESTION ABOUT THIS GUY OVER HERE.
HE DID SOMETHING I'M AWARE OF, CAN'T DO IT THAT WAY.
I WANNA TALK ABOUT MY POTENTIAL BEHAVIOR AND ITS PERSPECTIVE AND FUTURE FROM THE THAT POINT.
THEN, UH, WE CAN DRAFT AN ADVISORY OPINION TO MAKE SURE THEY DON'T RUN AFOUL OF ANY OF THE ETHICS RULES.
AND THERE'S A, THERE'S A FORMAL PROCESS THAT THE CITY STAFF SUBMIT OR FOLLOWS TO, TO THEN GET YOU ALL TO DRAFT THOSE OPINIONS, IS THAT RIGHT? WELL, THE, OUR CHIEF INTEGRITY OFFICER AND THE NEW ATTORNEY IN THE, IN THAT, THAT WORKS ON THAT SIDE OF THE OFFICE, WORK ON THOSE, UH, ADVISORY OPINIONS.
AND THEY DO WORK VERY CLOSELY WITH OTHER ATTORNEYS IN THE CITY ATTORNEY'S OFFICE.
AND SO ARE THERE, IS THERE A PIPELINE OF THOSE REQUESTS THAT ARE, LIKE, WHAT'S THE, THAT ARE UNANSWERED? IN OTHER WORDS, ARE, ARE ALL OF THE REQUESTS THAT GO THROUGH THE PROPER PROCEDURE ULTIMATELY RESPOND TO AND GIVEN AN ADVISORY OPINION? OR ARE THERE SOME IN THE PIPE? ARE THERE SOME IN THE PIPELINE THAT HAVE NOT BEEN, UM, ADVISED UPON? I BELIEVE THAT THEY'RE ALL ADVISED UPON.
I THINK WE, WE TRY TO GET 'EM OUT WITHIN TWO OR THREE WEEKS.
I, I'D, I'D HAVE TO GO BACK AND CHECK ON THAT.
UH, AND IF IT'S OKAY TO GO AHEAD AND DO WITH A CERTAIN COURSE OF ACTION, WE GO AHEAD AND WRITE IT UP.
I DO BELIEVE THERE'S SITUATIONS WHERE WE LOOK AT IT AND SAY, YOU KNOW, HMM, BOY, UH, THEN WE'LL PICK UP THE PHONE AND CALL SOMEBODY.
BUT WE WILL ADDRESS THE ISSUE, WHETHER IT'S IN WRITING OR VERBALLY OVER THE PHONE.
AND THEN MS. MORRISON WILL PROBABLY BE ABLE TO TELL ME IF I'M ALLOWED TO ASK THIS QUESTION OR NOT.
BUT SINCE WE HAD THE, UM, HEARING, I GUESS IT'S BEEN A COUPLE WEEKS AGO.
AM I, MS. MORRISON, AM I ABLE TO ASK WITHOUT GETTING INTO THE SUBSTANCE OF WHAT WE DISCUSSED, LIKE I, I'M INTERESTED IN MR. BEAVER'S, UM, FEEDBACK JUST AT A HIGH LEVEL IN TERMS OF THE PROCEDURE OR, OR ANYTHING THAT NEEDS TO BE FLESHED OUT FOR FUTURE, IS, ARE WE ABLE TO DO THAT? UM, I DON'T KNOW IF THAT WOULD FALL UNDER HIS AGENDA ITEM, WHICH IS AN UPDATE ON THE, UM, INSPECTOR GENERAL'S OFFICE.
UM, BUT WE DO HAVE AN ITEM COMING UP ON OUR AGENDA THAT'S GOING TO BE FOCUSED ON, UM, THAT HEARING AND HOW IT WENT.
SO MAYBE ON THAT AGENDA ITEM, IF MR. BIEBER'S WANTED TO STICK AROUND, UH, FOR THAT AND GIVE HIS FEEDBACK, UM, ON THAT AGENDA ITEM.
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ANY FURTHER QUESTIONS? ANY, ANY OTHER QUESTIONS IF I CAN RAISE MR. INSPECTOR GENERAL? JUST TWO, UM, YOUR MICROPHONES IN THE HONOR.MR. BEAVERS, IF I CAN RAISE JUST TWO QUESTIONS.
ONE, YOU TALKED ABOUT ETHICS TRAINING AND EVERYTHING GOING OUT IN EMAIL BLASTS.
UH, AND AND MY UNDERSTANDING, AND IT'S A HISTORICAL UNDERSTANDING, IS WE'VE GOT AN AWFUL LOT OF OUR CITY EMPLOYEES THAT DON'T HAVE ACCESS TO EMAIL, UM, OR NOT DON'T HAVE A CITY OF DALLAS EMAIL ADDRESS.
ARE YOU ALL THINKING ABOUT HOW IT IS THAT WE WILL GET TO GET THIS INFORMATION TO, TO THOSE THOSE FOLKS, THOSE CITY EMPLOYEES? YES, SIR.
WE'VE EVEN HAD, UH, BY WAY OF EXAMPLE, A DISCUSSION ABOUT SANITATION.
A LOT OF THE FOLKS, FOLKS THAT WORK IN CITY SANITATION AREN'T SITTING IN FRONT OF THEIR COMPUTER AT EIGHT O'CLOCK.
THEY'RE RIDING ON THE BACK OF A TRUCK.
AND SO WE HAVE HAD SEVERAL DISCUSSIONS ABOUT HOW TO REACH THOSE FOLKS.
AS FAR AS THE TYPE OF TRAINING THAT WE'RE TALKING ABOUT THAT, I WOULD SAY THAT'S KIND OF THREE CATEGORIES.
ONE WOULD BE THE ONGOING OR SCHEDULED TRAINING.
IF YOU ARE A NEW EMPLOYEE AND YOU START WITH THE CITY OF DALLAS ON MONDAY, I CAN TELL YOU AT 9:15 AM TO 9 45, YOU'RE GONNA GET A 30 MINUTE ETHICS TRAINING FROM SOMEBODY ON THE CHIEF INTEGRITY OFFICER SIDE OF THE OFFICE.
THERE ARE SUPERVISOR TRAININGS THAT ARE FOUR TIMES A YEAR, I BELIEVE.
SO THAT WOULD BE AN EXAMPLE OF THE FIRST TYPE OF TRAINING.
UM, SOMETIMES DEPARTMENTS REACH OUT TO US AND SAY IT'S THE A, B, C DEPARTMENT.
AND THEY SAY, YOU KNOW, HEY, THANKS FOR THE GENERAL TRAINING.
BUT, YOU KNOW, AND, AND OUR DEPARTMENT, WE'VE GOT A COUPLE, TWO OR THREE ISSUES THAT I DON'T KNOW IF ANYBODY ELSE HAS.
WOULD YOU BE ABLE TO TAILOR SOME SPECIFIC TRAINING FOR US TO HELP US MAKE SURE THAT WE FOLLOW? SO THAT WOULD BE THE SECOND TYPE THAT YOU'LL SEE.
UH, THE THIRD TYPE OF TRAINING THAT YOU'LL SEE WOULD BE DEVELOPMENTAL.
UH, THAT'S WHERE WE'LL GO DEEPER ON SMALLER TOPICS.
AND THOSE KIND OF TRAININGS ARE GONNA BE ASCERTAINED BY THE DATA COLLECTION AND ANALYSIS THAT'S DONE THROUGH THE DATA COLLECTION AND ANALYSIS I HAD MENTIONED PREVIOUSLY.
SO INSTEAD OF WAKING UP AND JUST DECIDING TO DO A TRAINING ON SOMETHING, WE WANT TO MAKE SURE THAT WE REACH OUT, LISTEN TO PEOPLE, GATHER INFORMATION, ANALYZE IT.
SO THE DECISIONS ON THE TRAINING THAT WE MAKE HAS SOME BASIS OR FOUNDATION AND LOGIC.
AND, AND YOU MAY HAVE GIVEN THIS IN YOUR REPORT, AND I, I, I, I DIDN'T QUITE UNDERSTAND IT.
AND THAT IS WITH REGARD TO THE PUBLIC FORUMS. YOU MENTIONED AT OUR LAST QUARTERLY MEETING THAT ONCE THESE AMENDMENTS WERE PASSED, WE HAD A FINAL ORDINANCE THAT WE WERE WORKING FROM.
YOU WE'RE GOING TO, UH, GO ON A ROAD SHOW WITH, UH, TO THE PUBLIC AND, AND START HAVING PUBLIC FORMS. CAN YOU UPDATE US ON THAT? I BELIEVE WHAT I HAD VISITED ABOUT LAST TIME WAS MY HOPE AND DESIRE TO DO TOWN HALL MEETINGS.
I HAVE SINCE THOUGHT THAT, YOU KNOW, I'M NOT SURE IF THAT WOULD BE AS EFFECTIVE, BUT PART OF THIS, UM, UH, MARKETING PLAN DOES INVOLVE COMMUNICATIONS.
UH, THOSE COMMUNICATIONS ARE GONNA BE INTERNAL AND EXTERNAL.
AND, UH, AS FAR AS THE EXTERNAL COMMUNICATIONS ARE CONCERNED, I BELIEVE THAT, UH, I BELIEVE THAT IS GOING TO BE THE VEHICLE BY WHICH WE CAN GET OUT AND DO THREE CRITICAL THINGS.
LET THE PUBLIC KNOW WHO WE ARE, NUMBER TWO, WHAT WE DO.
AND NUMBER THREE, HOW TO GET IN TOUCH WITH US.
UM, THE PUBLIC, THE CITIZENS OF DALLAS, THE RESIDENTS OF DALLAS, THEY HAVE TO SEE US AS THEIR PUBLIC WATCHDOG.
AND SO I BELIEVE THAT, UM, THE COMMUNICATION PLAN THAT'S PART OF THIS MARKETING PLAN WOULD ANSWER THAT QUESTION.
AND SO YOU, DO YOU SENSE SOME OF THAT WILL BE, OR A LOT OF IT WILL BE DONE BY SOCIAL MEDIA? I BELIEVE SOME OF THAT WILL BE DONE BY SOCIAL MEDIA.
UM, WE'VE HAD DISCUSSIONS ABOUT, UM, TALK RADIO SHOWS.
WE'VE HAD DISCUSSIONS ABOUT, UH, VISITING WITH MEMBERS OF THE MEDIA IN CASE THEY WANNA DO AN INTERVIEW.
WE'VE, UH, JUST MAKE SURE THAT THE PUBLIC IS AWARE OF WHAT WE'RE DOING.
UH, I THINK THAT'S EXTERNAL, INTERNALLY.
I THINK WE NEED TO DO THE SAME THING.
I'VE BUMPED INTO TWO OR THREE PEOPLE IN THE LAST FOUR OR FIVE MONTHS IN ELEVATORS IN THIS BUILDING THAT DON'T EVEN KNOW WE EXIST.
AND SO I THINK WE NEED TO DO A BETTER JOB OF COMMUNICATING THOSE THREE THINGS, WHO WE ARE, WHAT WE DO, AND
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HOW TO GET IN TOUCH WITH US.UM, IF YOU HAD A DISCUSSION WITH REGARD TO THE TOWN HALL MEETINGS, AND WE'RE GOING TO, BECAUSE, AND YOU'RE NOT QUITE SURE THOSE WILL BE EFFECTIVE, UM, I JUST WANT YOU TO CONSIDER THAT, UM, SOCIAL MEDIA IS WONDERFUL.
OLDER PEOPLE MAY NOT BE USING IT IN THE SAME WAY THAT WOULD PRODUCE THE RESULT THAT WE'RE INTERESTED IN.
SO IN PERSON FOR PEOPLE, AND THEY REPRESENT THE LARGEST GROUP OF VOTERS.
UM, SO IF WE'RE LOOKING TO DEVELOP TRUST AND BE THE WATCHDOG, UM, I WOULD HOPE THAT YOU WOULD CONSIDER AT LEAST ONE OR TWO MEETINGS A YEAR THAT WOULD BE IN PERSON, BECAUSE I DON'T THINK YOU WILL GET THE ENTIRE POP, YOU, YOU WON'T GET THE ENTIRE POPULATION ONE WAY OR THE OTHER.
UM, MAYBE IT MEANS GOING TO ONE OF THE SENIOR CENTERS, UM, WHERE OLDER PEOPLE CONGREGATE, UM, OR ANY OTHER, UH, YOU COULD TALK WITH THE COUNCIL PEOPLE.
AND, UM, WHEN WE HAVE BUDGET HEARINGS, MAYBE WE COULD USE THAT AT THE, AS A, A VEHICLE, NOT, NOT AT THE SAME TIME, BUT WHEREVER THEY'RE HOLDING THEIR BUDGET MEETINGS, SOMETIMES IN THE, UM, RECREATION CENTERS, UM, THOSE ARE PLACES THAT PEOPLE WILL CONGREGATE AND THEY, I THINK THEY WILL COME.
SO I'M NOT SURE WHY I, I JUST DON'T WANT US TO USE ONLY SOCIAL MEDIA.
'CAUSE I DON'T THINK THAT FOR SEGMENTS OF OUR POPULATION, THAT'S THE BEST PLACE.
AND OF COURSE, WE WILL NEED, UM, PEOPLE WHO ARE BILINGUAL, UH, MESSAGE RECEIVED.
AND I ABSOLUTELY AGREE WITH YOU ON THAT IN-PERSON STUFF.
I CAN TELL YOU FROM WORKING IN MY PREVIOUS OFFICE, THAT WHEN YOU GO OUT THERE IN PERSON AND YOU TALK TO PEOPLE IN SOME TYPE OF PUBLIC FORUM, TOWN HALL MEETING, PEOPLE WILL APPROACH YOU AND YOUR INVESTIGATORS AND THEY WILL TELL YOU STUFF THAT THEY WILL NEVER PUT ON A VOICEMAIL, THAT THEY WOULD NEVER PUT IN AN EMAIL THAT THEY WOULD NEVER WRITE DOWN AND SEND IN THROUGH THE SNELL MAIL.
SO THOSE IN-PERSON MEETINGS CAN BECOME THE RICHEST OPPORTUNITIES TO FIND OUT ABOUT THINGS TO LOOK INTO.
THE OTHER THING IS TO HOLD A MEETING IN RELIGIOUS, UM, FACILITIES, CHURCHES, MOSQUES, AND, UM, CHURCHES, MOSQUES AND SYNAGOGUES, TEMPLES, UM, ARE EXCELLENT.
YOU, YOU CAN GET 150 PEOPLE OUT FOR SOMETHING LIKE THAT.
WHY WOULDN'T YOU THINK THAT PUBLIC MEETINGS WOULD BE EFFECTIVE? YOU STARTED YOUR COMMENTS WITH, YOU DIDN'T THINK THAT WOULD BE AS EFFECTIVE.
CAN YOU EXPLAIN WHAT YOUR THOUGHTS ARE THERE, PLEASE? I NEVER THOUGHT THAT THEY WOULDN'T BE EFFECTIVE.
UM, I'M ALWAYS TRYING TO DO THE RIGHT THING BECAUSE I GOT JOHN Q PUBLIC LOOKING OVER MY SHOULDER, AND I SURE HOPE THAT WE CAN HAVE SOME IN-PERSON MEETINGS, YOU KNOW, CALL IT TOWN HALL OR A VISIT TO A WORSHIP CENTER OR WHATEVER.
BUT PEOPLE HAVE THEIR HEADS BURIED INTO THEIR SMARTPHONES NOWADAYS SO MUCH.
AND I'M THINKING THAT IF WE DID SOME SOCIAL MEDIA AND MAYBE MADE OURSELF AVAILABLE FOR SOME INTERVIEWS, UM, MAYBE TALK RADIO SHOWS MAY OR MAY NOT BE INTERESTED IN VISITING WITH US.
IF WE STARTED OUT WITH THAT, THAT MIGHT SPAWN ITSELF INTO SOME IN-PERSON MEETINGS DOWN THE ROAD.
UM, BUT I, MY RUDIMENTARY PLAN THAT WAS IN MY HEAD MONTHS AGO WAS TO, UH, MAYBE HAVE A MEETING OUT NORTH, ONE IN THE SOUTH, ONE IN THE EAST, ONE IN THE WEST, HAVE A TOWN HALL MEETING.
HOPEFULLY PEOPLE WILL SHOW UP.
UH, YOU KNOW, WE LIVE IN TEXAS WHERE I THINK TODAY IT'S SUPPOSED TO BE 103 OR 104, AND GOING OUT TO SOMEPLACE THIS AFTERNOON, PROBABLY NOT GONNA HAVE A BIG CROWD.
SO, UH, WE WANTED TO GET STARTED FOR SURE.
UH, BUT IF WE DO HAVE IN-PERSON TOWN HALL TYPE MEETINGS, MY HOPE WOULD BE THAT IT WOULD BE, YOU KNOW, MUCH COOLER.
SO, ALRIGHT, UM, MR. INSPECTOR GENERAL, UM, ONE QUESTION REGARDING THIS I IDEA OF TOWN HALL MEETINGS.
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MEAN, THE, THE MAJORITY OF PEOPLE WE'RE TALKING ABOUT ARE PROBABLY CITY OF DALLAS EMPLOYEES OR PEOPLE WHO WORK WITH THEM, ALL OF WHOM PROBABLY WORK DURING THE DAY.SO THAT'S JUST A COMMENT THAT I DON'T KNOW WHEN YOU WOULD SCHEDULE THESE IF THEY HAPPEN.
UM, MY QUESTION THOUGH IS I WAS GOOGLING, UM, JUST YOUR OFFICE IN GENERAL AND JUST LOOKING AT, YOU KNOW, THE WEBSITE AND THE, THE CLAIM FORMS AND WHATNOT AND EVERYTHING.
GRANTED, I WAS GOOGLING IN ENGLISH, BUT I DID NOT SEE, SEE ANY SPANISH VERSIONS OF THOSE COMPLAINTS OR THE PROCESS OR ANYTHING LIKE THAT.
SO I WAS JUST WONDERING IF YOUR OFFICE HAS ANY PLANS TO PROVIDE SOMETHING LIKE THAT.
WE CERTAINLY TRANSLATE OUR QUARTERLY REPORTS INTO ENGLISH AND SPANISH, BUT I WOULD HAVE TO DOUBLE CHECK WITH YOU TO SEE IF WE HAD, UH, SPANISH VERSIONS OF THE COMPLAINT THAT THAT'S AVAILABLE.
BUT I WILL LET, I WILL GET BACK AND ANSWER THAT QUESTION FOR YOU.
FURTHER QUESTIONS, RIGHT? WITH THAT, THANK YOU MR. BEAVERS.
UM, MAYBE IF YOU'LL STAY THERE FOR THE UPDATE ON THE GOMEZ CASE AND, UH, WE'LL GO NOW WE'LL TURN TO, UM, UH, CITY ATTORNEY MORRISON TO GIVE US AN UPDATE ON, UH, THE RECENT AMENDMENTS TO OUR CODE OF ETHICS.
UH, COMMISSIONERS GERBER AND VIA AL.
CAN YOU HEAR ME VIRTUALLY? YES.
I'M GOING TO GO AHEAD AND SHARE MY SCREEN.
UM, THIS IS VERY SIMILAR TO THE POWERPOINT.
UM, I USED TO BRIEF THE FULL COUNSEL.
UM, I JUST UPDATED IT TO SHOW WHAT THE COUNCIL, UM, ACTUALLY APPROVED.
UH, SO LET'S GO AHEAD AND GET STARTED.
UH, THE PURPOSE OF THE PRESENTATION TODAY IS TO JUST GO OVER, UH, THE AMENDMENTS TO CHAPTER 12, A CODE OF ETHICS, UH, THAT WERE APPROVED TO THE CITY COUNCIL ON JUNE 14TH, UM, ON DECEMBER 8TH, AS YOU PROBABLY KNOW, WELL, WE HAVE A FEW NEW COMMISSIONERS, SO THIS IS JUST A REMINDER, JUST SOME HISTORY THAT BACK ON DECEMBER 8TH, THE CITY COUNCIL APPROVED A FIRST PHASE OF AMENDMENTS, UM, TO CHAPTER 12 A.
AND THESE AMENDMENTS WERE BASED ON THE RECOMMENDATIONS OF THE CITY'S ETHICS REFORM TASK FORCE THAT WAS CHAIRED, UM, BY CHAIR POWERS, UH, WITH SOME OF HIS COLLEAGUES.
UM, AND THAT HAD A FOCUS ON IMPLEMENTING THE HIGH LEVEL OVERVIEW PRINCIPAL PROPOSALS IN THE REPORT.
AND SO THEN, YOU KNOW, ONCE WE HAD THAT FIRST, UH, PHASE, UM, APPROVED BY THE CITY COUNCIL, UM, YOU KNOW, IT'S JUST AN EXERCISE OF, YOU KNOW, GOING THROUGH THE CODE AND GOING THROUGH IT AND GOING THROUGH IT.
AND WE KNEW IN PHASE ONE WE WEREN'T GOING TO CATCH, UM, EVERYTHING, UH, THAT THE TASK FORCE RECOMMENDED AND EVERYTHING THAT WE DISCOVERED, UM, DURING OUR ANALYSIS IN GOING THROUGH CHAPTER 12 A.
SO WE DEFINITELY WANTED TO HAVE A SECOND PHASE OF AMENDMENTS.
UM, AND WE BRIEFED THE AD HOC COMMITTEE ON GENERAL INVESTIGATION AND ETHICS.
THIS IS AN AD HOC COMMITTEE OF THE CITY COUNCIL, CHAIRED BY CA KARA MENDELSON.
UH, WE HAD THREE BRIEFINGS, UM, STARTING A YEAR AGO AND JUNE 14TH, AND THEN AGAIN ON NOVEMBER 10TH, AND THEN AGAIN ON MAY 4TH OF THIS YEAR.
AND THEN ONCE WE HAD EVERYTHING READY TO GO, UM, THE ORDINANCE READY TO GO AND BRING IT TO COUNCIL, WE BRIEFED THE FULL CITY COUNCIL ON JUNE 7TH.
AND THEN A WEEK LATER, THE CITY COUNCIL ON THEIR, UH, REGULAR VOTING AGENDA, THEY APPROVED THE ORDINANCE WITH A COUPLE OF FLOOR AMENDMENTS.
SO NOW WE'LL GO THROUGH, UH, THE MEET OF 12 A AND I'LL SHOW YOU WHERE THOSE AMENDMENTS ARE.
UM, AND THESE, THIS DOESN'T GO OVER EVERY SINGLE AMENDMENT, BUT, UH, THE, THE MAJOR ONES, UH, FIRST WHAT WE DID WAS WE CLARIFIED IN SECTION 12 A DASH 12 THAT THE EXCEPTIONS TO THE GENERAL RULE ON GIFTS ARE IN FACT, UM, NOT REPORTABLE GIFTS AT ALL.
BECAUSE WHAT THE LANGUAGE SAID BEFORE WAS THAT, YOU KNOW, THIS LIST OF EXCEPTIONS ARE JUST EXCEPTIONS TO THE GENERAL RULE.
AND WE THOUGHT THAT WAS A LITTLE VAGUE, AND WE WANTED TO TIGHTEN UP THE LANGUAGE TO SAY THESE ARE IN FACT NOT EVEN CONSIDERED REPORTABLE GIFTS WHATSOEVER.
UM, AND THEN NEXT WE APPLIED THE RESTRICTIONS ON SUBSTANTIAL INTEREST IN A BUSINESS
[00:40:01]
ENTITY, UH, TO CITY EMPLOYEES.SO THIS IS A STATE LAW WHERE WHEN YOU HAVE RE UM, A SUBSTANTIAL INTEREST IN A BUSINESS ENTITY, UM, CITY COUNCIL MEMBERS HAVE TO RECUSE AND DISCLOSE THAT.
AND WE WANTED THAT RULE IN, UM, CHAPTER 12 A TO ALSO, UM, APPLY TO OTHER CITY OFFICIALS AND TO CITY EMPLOYEES.
UH, NEXT IS, UM, OKAY, SO THIS IS ABSTENTION FOR PARTICIPATION IN A MATTER.
SO THIS IS A PRACTICE, UM, THAT HAS BEEN AROUND A VERY LONG TIME, AND WE DECIDED TO GO AHEAD AND, UM, PUT IT IN CHAPTER 12 A.
IT'S, AND WE USE THE LANGUAGE STRAIGHT FROM, UH, THE STATE STATUTE, UH, THE TEXAS LOCAL GOVERNMENT CODE, UH, SECTION 1 71.
WHAT THIS MEANS IS THAT BASICALLY IF THE ENTIRE BODY HAS THE SAME CONFLICT, THEN NO ONE HAS A CONFLICT, AND THE BODY CAN GO AHEAD AND ACT ON THAT MATTER.
UM, UH, AN EXAMPLE I LIKE TO USE IS, YOU KNOW, WHEN THE CITY COUNCIL IS VOTING ON A, UM, A SALES TAX INCREASE OR DECREASE, WELL, THAT AFFECTS ALL OF THEM EQUALLY.
SO THEN IT'S REALLY NOT A CONFLICT FOR ANYONE.
AND WE DO SEE THAT, UH, COME UP FROM TIME TO TIME.
SO WE JUST WANTED TO BE EXPLICIT ABOUT THAT IN CHAPTER 12 A BECAUSE IN THE PAST, UM, THE LEGAL COUNSEL FOR THESE BOARDS AND COMMISSIONS HAVE EXPLAINED THAT, BUT WE'VE SEEN THAT, UM, A LOT OF THESE, UM, CITY OFFICIALS WANT US TO BE ABLE TO POINT TO SOMETHING IN OUR CITY CODE, UH, TO, TO BACK UP OUR LEGAL OPINION ON THAT.
UM, AND THEN THE NEXT BULLET POINT HERE ARE, UM, THAT THE RULES AGAINST IMPERMISSIBLE FINANCIAL INTEREST AND DISCRETIONARY CONTRACTS OR SALES, UH, DURING SERVICE WITH THE CITY OR WITHIN ONE YEAR OF ENDING SERVICE WITH THE CITY, UM, DOES NOT ANYMORE APPLY TO VOLUNTEERS, UM, ON A COMMITTEE OR TASK FORCE THAT'S FORMED BY A BOARD OR COMMISSION.
AND WE FELT LIKE THIS WAS JUST AN OVERSIGHT BECAUSE, UM, THESE RULES DON'T APPLY TO BOARD AND COMMISSION MEMBERS, BUT FOR SOME REASON THAT CARVE OUT WASN'T THERE FOR VOLUNTEERS ON A BOARD OR COMMISSION COMMITTEE OR TASK FORCE.
UH, SO WE WERE JUST MAKING THAT CLEAR.
SORRY, I'M HAVING SOME TECHNICAL DIFFICULTIES.
SO NEXT IS DISCLOSURE OF CONFIDENTIAL INFORMATION.
IT HAS ALWAYS BEEN, UM, A VIOLATION OF THE CODE OF ETHICS TO DISCLOSE CONFIDENTIAL INFORMATION THAT A CITY EMPLOYEE OR CITY OFFICIAL LEARNS DURING THE COURSE OF THEIR SERVICE WITH THE CITY.
BUT NOW, UH, WE'VE PUT A LITTLE BIT MORE, UH, TEETH INTO THIS PROVISION.
UH, WE'VE NOW CREATED AN OFFENSE FOR DISCLOSING CONFIDENTIAL INFORMATION.
SO IN ADDITION TO IT BEING, UM, A VIOLATION OF THE CODE OF ETHICS WHEREBY, UH, YOU CAN BE BROUGHT UP IN FRONT OF A PANEL OF THE E A C ON AN ETHICS VIOLATION, UM, YOU CAN ALSO BE, UM, PROSECUTED IN MUNICIPAL COURT AS A CLASS C MISDEMEANOR.
UM, AND WE FELT LIKE, YOU KNOW, DISCLOSING CONFIDENTIAL CITY INFORMATION, UM, CAN BE A REAL DETRIMENT TO THE CITY DEPENDING ON WHAT THAT INFORMATION IS.
SO, UH, THE CITY COUNCIL WANTED A LITTLE BIT MORE TEETH IN THIS PROVISION.
UH, NOW WE'LL MOVE ON TO CAMPAIGN ACTIVITIES.
AND THIS CAME OUT OF SOME DISCUSSION AT THE AD HOC COMMITTEE.
THEY WANTED A DISCLOSURE REQUIREMENT AT PUBLIC AND PRIVATE CITY MEETINGS WHERE AT LEAST ONE COUNCIL MEMBER IS PRESENT.
SO THAT COULD BE AT A COUNCIL MEETING, IT COULD BE AT A COUNCIL, UM, COMMITTEE MEETING, OR IT COULD JUST BE, UM, A MEETING WITH A COUNCIL MEMBER IN A CONFERENCE ROOM AT CITY HALL OR, UM, IN THE COUNCIL MEMBER'S OFFICE.
UH, WHERE IF A PERSON WHO WAS PAID TO PARTICIPATE IN A CURRENT SITTING COUN SITTING CITY COUNCIL MEMBER'S MOST RECENT CITY COUNCIL CAMPAIGN, AND THEN WHO REPRESENTS THEMSELVES, THEIR CLIENT, THEIR EMPLOYER, OR ANOTHER THIRD PARTY, UH, THEY WOULD JUST HAVE TO DISCLOSE TO THE COUNCIL MEMBER THAT THEY DID IN FACT WORK ON THAT CAMPAIGN.
AND SO, BECAUSE THE AD HOC COMMITTEE AND THEN THE CITY COUNCIL WANTED THIS DISCLOSURE REQUIREMENT, THEY SAID, YOU KNOW WHAT, THAT'S GOOD ENOUGH.
WE CAN GO AHEAD AND DELETE THE PROVISION IN THE LOBBYING, UM, ARTICLE THAT PROHIBITS CAMPAIGN MANAGERS AND CAMPAIGN TREASURERS FROM LOBBYING WITHIN A YEAR.
UM, SINCE WE NOW HAVE THAT DISCLOSURE REQUIREMENT, THEY WOULD HAVE TO, YOU KNOW, DISCLOSE
[00:45:01]
THEIR PARTICIPATION IN THE CAMPAIGN, BUT THEY WOULDN'T NECESSARILY BE EXCLUDED FROM THE POLITICAL PROCESS ONE YEAR AFTER THE ELECTION.AND I THINK SOME COUNCIL MEMBERS THOUGHT THAT BASICALLY, IF YOU WORKED AS A CAMPAIGN MANAGER OR CAMPAIGN TREASURER FOR A CANDIDATE WHO WINS, YOU'RE KIND OF BEING PUNISHED FOR A YEAR AFTER THAT ELECTION.
AND NOW WE'LL GO OVER SOME OF THE IG AND E A C MATTERS THAT WERE AMENDED.
UM, FIRST WE, WE KIND OF BEEFED UP THE IG SUBPOENA PROCESS, UH, WHEN WE WROTE IT BEFORE AND IT WAS APPROVED IN 2021.
UM, I, I THINK WE ALL FELT LIKE WE DIDN'T MAKE IT SPECIFIC ENOUGH, UM, IN THE LANGUAGE THAT THE IG SUBPOENA PROCESS, UM, IS FOR PURPOSES OF THE INVESTIGATIONS.
AND WE, UH, WENT AHEAD AND AMENDED THAT LANGUAGE TO MIRROR THE LANGUAGE WE HAVE FOR THE CITY'S GENERAL SUBPOENA PROCESS IN SECTION TWO DASH EIGHT OF THE DALLAS CITY CODE.
AND THEN WE, UM, AMENDED THE E A C SUBPOENA PROCESS TO ALLOW, UH, FOR A BIT MORE SPECIFICITY.
AND IT ALSO MIRRORS, UM, OUR GENERAL SUBPOENA PROCESS IN SECTION TWO DASH EIGHT.
AND THIS IS TO SUBPOENA, UM, WITNESSES, UM, AND DOCUMENTS.
AND IT'S TO COMPEL THE ATTENDANCE OF WITNESSES AND PRODUCTION OF TESTIMONY AND EVIDENCE AT THE HEARING.
UM, AND THIS WILL ALL BE PROCESSED, UM, WITH THE HELP OF THE CITY SECRETARY THROUGH THE CITY SECRETARY'S OFFICE.
UM, AND SO THERE WAS QUESTION, UM, AS, AS YOU PROBABLY KNOW, IF SOMEONE IS NAMED IN A COMPLAINT, UM, THAT THEN GETS REFERRED TO THE E A C, UM, FOR A HEARING, UH, THAT PERSON NAMED IN THE COMPLAINT, IF IT'S A CITY EMPLOYEE OR CITY OFFICIAL, UM, THEY MAY RETAIN AN OUTSIDE, AN INDEPENDENT OUTSIDE ATTORNEY FOR PURPOSES, UM, OF THAT HEARING.
AND THE CITY PAYS FOR THAT ATTORNEY, UM, ON, ON THE FRONT END.
NOW, THAT PERSON MIGHT HAVE TO REIMBURSE THE CITY LATER, DEPENDING ON THE OUTCOME OF THE HEARING, BUT ON THE FRONT END, THE CITY DOES PAY FOR THAT.
AND THEN THE QUESTION WE KEPT GETTING THE QUESTION, WELL, AT WHAT POINT DOES THAT PERSON, UM, AT WHAT POINT IN THE PROCESS DOES THAT PERSON GET TO RETAIN THAT INDEPENDENT OUTSIDE ATTORNEY PAY FOR, UM, ON THE FRONT END BY THE CITY? AND SO WE JUST ADDED, UM, THAT SOME LANGUAGE IN THERE THAT IT'S AT THE POINT WHERE THE INFORMATION IS FILED WITH THE E A C.
SO IT'S NOT WHEN, UM, THE PERSON NAMED IN A COMPLAINT OR THE PERSON BEING INVESTIGATED WHEN THEY CATCH WIND OF THE INVESTIGATION.
NOW THEY'RE FREE TO HIRE THEIR OWN ATTORNEY AT THEIR OWN EXPENSE AT THAT POINT.
BUT AS FAR AS THE ATTORNEY THAT, UM, THEY CAN SELECT THAT THE CITY WILL PAY FOR ON THE FRONT AND, UM, THAT, UM, IS TRIGGERED WHEN THE INFORMATION IS FILED.
AND THEN WE HAVE THE DEFINITION FOR INFORMATION IN THE DEFINITION SECTION OF CHAPTER 12 A, UM, THAT JUST SAYS WHAT NEEDS TO, UM, BE IN THAT DOCUMENT.
UM, THAT IS THE WRITTEN STATEMENT THAT'S FILED WITH THE E A C.
THERE WERE A FEW LOCATIONS IN CHAPTER 12 A WHERE THE STANDARD WAS INTENTIONALLY AND KNOWINGLY.
UM, SO THE IG WOULD HAVE TO, UM, ESSENTIALLY PROVE BOTH OF THOSE.
AND THE IG FELT LIKE, UM, THAT WAS REDUNDANT.
UM, WE FELT THE SAME, SO WE JUST, UM, IN A FEW PLACES DELETED INTENTIONALLY AND, AND WE JUST LEFT THE STANDARD AS KNOWINGLY.
UM, AND THEN WE ALSO AMENDED THE STANDARD OF PROOF FROM THE HIGHER CLEAR AND CONVINCING TO THE LOWER STANDARD OF PREPONDERANCE OF THE EVIDENCE.
AND THAT'S FOR BOTH EVIDENTIARY HEARINGS AND FOR, UM, VEXATIOUS COMPLAINANT HEARINGS.
UM, AND THEN WE ALSO AMENDED HOW THE CITY SECRETARY'S OFFICE ASSIGNS THE E A C HEARING PANELS.
IT WAS, UM, IN THE ORDINANCE THAT WAS APPROVED IN DECEMBER OF 2021, I HAD WRITTEN IT SO THAT, YOU KNOW, THE E A C AS A BODY IS 15 MEMBERS, AND THEN IT'S DIVIDED INTO THREE PANELS OF FIVE MEMBERS EACH.
UM, BUT WITH THE E A C, WHENEVER THE E A C DOESN'T HAVE A FULL 15 MEMBERS, THAT MAKES IT, UM, A LITTLE BIT DIFFICULT TO HAVE A FULL THREE PANELS OF FIVE MEMBERS EACH.
SO, UH, WE AMENDED THAT TO JUST SAY THAT WHEN AN INFORMATION IS FILED, THE CITY SECRETARY WILL, UM, ASSIGN A PANEL TO THAT COMPLAINT OR TO THAT INFORMATION, AND THOSE MEMBERS WILL BE SELECTED AT RANDOM WITH I BELIEVE
[00:50:02]
AT LEAST THREE OF THE FIVE MEETING THE SPECIAL QUALIFICATIONS.UM, WE ALSO WROTE IN THAT THE IG SHALL NOT INVESTIGATE ANY CONDUCT THAT IS THE SUBJECT OF PENDING CRIMINAL OR CIVIL LITIGATION THAT WASN'T IN THERE BEFORE.
AND THAT'S SOMETHING THAT THE IG HAD REQUESTED AND THE CITY COUNCIL AGREED.
WE ALSO ADDED, UM, IN RELATION TO THAT, THAT IF AN IG INVESTIGATION IS SUSPENDED FOR THIS REASON, THAT DURING THAT SUSPENSION TIME, THE STATUTE OF LIMITATIONS IS TOLD, UM, SO IT DOESN'T CONTINUE TO RUN OUT THAT ONE YEAR STATUTE OF LIMITATIONS.
UM, AND THEN THAT COMPLAINTS AGAINST THE IG DIVISION, UM, IF THERE EVER WERE TO BE ONE THAT WILL BE INVESTIGATED AND PROSECUTED BY OUTSIDE COUNSEL, WE'LL OUTSOURCE THAT, UH, SO THAT THE IG, UM, IS NOT INVESTIGATING HIS OR HER, UM, OWN STAFF.
UM, AND THEN, UH, THE THIRD BULLET POINT IS THAT THE ETHICS ADVISORY COMMISSION WILL BE IN CHARGE OF REVIEWING INVOICES SUBMITTED BY OUTSIDE COUNSEL TO DETERMINE WHETHER THE LEGAL FEES AND COSTS ARE REASONABLE AND NECESSARY.
UM, AND THEN WE ALSO SIMPLIFIED, UH, SOME OF THE E A C HEARING PROCEDURES.
UM, IN CHAPTER 12 A, UM, WE ALSO, AT THE END OF THE REPORTING REQUIREMENTS ARTICLE, UH, WE ADDED A CHART THAT WE THINK IS HELPFUL.
THIS ALSO CAME OUT OF THE AD HOC, UH, COMMITTEE.
IT WAS A SUGGESTION FROM, UH, A FEW OF THE COMMITTEE MEMBERS.
UH, WE LIKED THE SUGGESTION AND WE SPENT SOME TIME DEVELOPING THIS CHART.
I'M NOT GONNA GO THROUGH IT BECAUSE NONE OF THE, NONE OF THE CONTENT, UM, HAS REALLY BEEN AMENDED, BUT WE, UM, WE BASICALLY JUST PUT ALL OF THE REPORTING REQUIREMENTS INTO CHART FORM AND TACKED THAT ONTO THE END OF THAT ARTICLE.
UM, AND I HAVE ALREADY USED THIS, UM, IN SOME TRAININGS FOR A COUPLE OF BOARDS AND COMMISSIONS, AND I'VE GOTTEN SOME GOOD FEEDBACK ON HOW THEY LIKE HAVING THIS IN CHART FORM WITH ALL OF THE REQUIREMENTS RIGHT THERE.
SO YOU'LL SEE IT'S, IT'S THE REPORT AND THE SECTION WHERE YOU FIND, UM, THE, THE TEXT FOR THAT REPORT.
AND THEN THERE THE NEXT COLUMN IS, UM, WHO IS REQUIRED TO REPORT, WHAT IS THE DUE DATE OF THAT REPORT BECAUSE IT'S DIFFERENT, UM, I THINK PRETTY MUCH FOR EACH REPORT.
AND THEN WHO DO YOU SUBMIT THAT REPORT TO IN THE FINAL COLUMN? UM, AND THAT IS, UH, THE END OF MY PRESENTATION.
I'M HAPPY TO ANSWER QUESTIONS.
THANK YOU, MS. MORRISON, FOR THE THOROUGH UPDATE AND REPORT.
UM, WE HAD TALKED SEPARATELY, UH, IN PREPARATION FOR THIS MEETING THAT AS THE ORDINANCE IS, UM, INTEGRATED WITH THE ENTIRE CITY ETHICS CODE, THAT, UM, AND WHEN WE WILL GO TO ONE OF OUR FOLLOWING AGENDA ITEMS ON OUR RULES OF PROCEDURE, UM, THE BOOKLETS THAT OUR COMMISSION HAS RECEIVED WILL BE UPDATED TO HAVE ALL OF THE MOST RECENT DATA THAT THAT IS NECESSARY FOR EVERYBODY TO WORK FROM.
UM, BUT LET ME TURN TO THE COMMISSION.
ANY QUESTIONS ON THESE, UH, AMENDMENTS? JUST ONE QUICK, ONE QUICK QUESTION.
UM, MS. MORRISON, IF WE, ESPECIALLY AS WE HAVE MORE HEARINGS AND AS WE'RE, THERE'S A LOT OF GROWTH, OBVIOUSLY WITH THE ROLE OF THE IG AND, AND OUR, SOME OF THE CHANGES IN TERMS OF US HEARING, UM, THE HEARING, HAVING THE HEARINGS, DO WE, IF WE NOTICE, UM, AND I KNOW WE'RE GONNA TALK ABOUT SOME PROCEDURAL ITEMS, BUT WHETHER THEY'RE MORE SUBSTANTIVE OR PROCEDURAL, WHAT IS, DO, DO WE RAISE THAT AS AN AGENDA ITEM FOR THIS COMMISSION AND THEN WE TALK TO YOU ABOUT IT? CAN WE RAISE THAT WITH YOU SEPARATELY? WHAT'S THE BEST WAY TO GO ABOUT THAT AS WE, UM, SEE THE IMPACT OF SOME OF THESE CHANGES? UM, I'M GLAD YOU, I'M GLAD YOU ASKED THAT QUESTION.
UM, THE WAY THE CITY COUNCIL VIEWS CHAPTER 12 A IS THAT IT WILL ALWAYS BE A WORK IN PROGRESS, RIGHT? SO, UM, IN FACT, WE WROTE IN, I THINK THE VERY LAST PROVISION AT THE VERY END OF THE CHAPTER IS THAT IT, IT WILL CONTINUE TO BE LOOKED AT, I THINK EVERY TWO YEARS, I WANNA SAY, UM, BY, UM, SO YOU CAN ALWAYS RAISE, UM, SUGGESTED, UH, AMENDMENTS MOVING FORWARD TO ME, UM, TO BARON ELIASON OUR CHIEF INTEGRITY OFFICER, UM, WHEN AMENDMENTS NEED TO HAPPEN, HE AND I WILL PROBABLY BE WORKING VERY CLOSELY ON, UM, DRAFTING THOSE AMENDMENTS.
[00:55:02]
SO, AND YES, TO ANSWER YOUR QUESTION ABOUT SHOULD THAT BE AN AGENDA ITEM, UM, AT THE EACS REGULAR MEETINGS, UH, FOR SURE IF THE E A C WANTS TO THROW OUT SUGGESTED AMENDMENTS, WE SHOULD HAVE THAT AS AN AGENDA ITEM SO THAT WE CAN HAVE THAT DISCUSSION AT A REGULAR MEETING.BUT IT'S OKAY FOR US TO REACH OUT TO YOU BEFORE THAT HAPPENS.
AS, AS THE LEGAL COUNSEL FOR THE COMMISSION, UM, I WANT EACH COMMISSIONER TO KNOW THAT YOU CAN REACH OUT TO ME AT ANY TIME FOR ANY REASON.
UM, YOU'VE GOT MY EMAIL ADDRESS AND IF ANYONE NEEDS MY CELL PHONE NUMBER, UM, EMAIL ME.
BUT YES, I'M, I'M ALWAYS HAPPY TO, UM, BAT AROUND SUGGESTIONS FOR HOW WE CAN MAKE THE CODE OF ETHICS EVEN BETTER.
ANY, ANY ADDITIONAL QUESTIONS ON THE AMENDMENTS? OKAY.
LET'S MOVE ON TO OUR NEXT AGENDA ITEM.
UM, THE, THE NEXT AGENDA ITEM, LET ME RETURN TO OUR INSPECTOR GENERAL, JUST TO GIVE US A BRIEF UPDATE ON THE JUAN GOMEZ CASE SINCE IT'S THE FIRST ONE PROSECUTED UNDER OUR NEW INSPECTOR GENERAL RULES.
I THINK GOING BACK TO THE QUESTION THAT MR. SCHMIDT RAISED EARLIER ABOUT JUST THE PROCEDURE, HOW, HOW THE, HOW, HOW IT WENT, THE, HOW THE INTERACTION WITH THE COMMISSION WENT, THINGS THAT, THAT YOU MIGHT LIKE TO SEE DONE DIFFERENTLY OR WENT WELL OR DIDN'T GO WELL.
JUST, JUST A GENERAL COMMENTARY ON, UM, ON THE PROCEDURES ITSELF AND, AND, AND HOW WE MIGHT DO BETTER UNDER THE INTERIM RULES OF PROCEDURE.
THE WAY IT IS NOW IS, UH, THERE'S A DEADLINE OF 48 HOURS TO EXCHANGE DISCOVERY.
AND IF WE'RE GONNA SET THESE CASES ON MONDAY MORNING, WHAT THAT MEANS IS SATURDAY MORNING WHEN I'M USUALLY SPENDING TIME WITH MY KIDS, I'VE GOT MY OTHER CELL PHONE IN MY HAND WATCHING FOR DISCOVERY TO COME THROUGH.
AND WHEN IT DOES, THEN I HAVE TO NOTIFY MY STAFF, DROP EVERYTHING THAT YOU'RE DOING ALL DAY TO DAY AND ALL DAY SUNDAY BECAUSE WE GOTTA GO OVER THIS STUFF.
UM, I THINK 48 HOURS IS PRETTY SHORT PERIOD OF TIME.
UH, IF I WAS A E A C COMMISSION MEMBER FOR A DAY AND HAD THE OPPORTUNITY TO MAKE A SUGGESTION, IT WOULD BE TO CHANGE THAT 48 HOUR RULE, THE 14 DAYS.
MY CONCERN IS MOST PEOPLE WHO TRY CASES SHOW UP PREPARED OR PRETTY, PRETTY CLOSE TO PREPARED.
UH, THE FRUSTRATING PART WAS OPPOSING COUNSEL DID SHOW UP NINE MINUTES BEFORE THE HEARING.
IT WAS, UH, WHAT HE CALLED A SUBSTANTIVE MOTION AS OPPOSED TO A PROCEDURAL MOTION.
CAN'T SAY I AGREE WITH THAT CHARACTERIZATION, BUT TO HAND ME THAT MOTION NINE MINUTES BEFORE THE HEARING WAS KIND OF FRUSTRATING.
AND THEN FOUR MINUTES AFTER THAT, FIVE MINUTES BEFORE THIS HEARING BEGINS, I GET 40 PAGES OF THEIR EVIDENCE.
SO I'M SITTING AT THAT COUNCIL TABLE THINKING, YOU GOTTA BE KIDDING THAT THEY TURN THIS STUFF OVER FIVE MINUTES BEFORE.
AND I WAS KIND OF CROSSING MY FINGERS HOPING THAT THE EVIDENCE WOULD BE DISALLOWED, BUT THE FIRST QUESTION WAS, HOW LONG DO I NEED TO REVIEW IT? AND SO, YOU KNOW, WHEN I HEARD THAT QUESTION, I WAS LIKE, LOOKS LIKE THEY'RE PROBABLY GONNA LET IT IN.
AND SO, UM, YOU KNOW, I, I GREW UP IN A HOUSE WHERE MY FATHER PREACHED JUST A FEW MESSAGES, ONE OF WHICH WAS PREPARATION, PREPARATION, PREPARATION.
AND SO I TRY TO EMPLOY THAT IN MY LAW PRACTICE OVER THE LAST 30 YEARS.
AND IT'S, IT'S, IT'S KIND OF TOUGH TO BE PREPARED WHEN WE FOLLOW THE RULES.
THE OTHER SIDE DOESN'T, BUT THEIR STUFF COMES IN ANYWAY.
AND ARE THOSE IN THE RULES OF PROCEDURE? IN THE INTERIM RULES OF PROCEDURE RULES PROCEDURE.
I BELIEVE IT STATES THAT THERE HAS TO BE EXCHANGE OF DISCOVERY 48 HOURS BEFORE THE HEARING, AND THEN THERE'S A FIVE DAY RULE FOR PROCEDURAL MOTIONS.
AND SO, UM, UM, SO THOSE, THOSE ARE THINGS AS WE GO TO OUR NEXT AGENDA ITEM, THOSE ARE THINGS THAT WE CAN, WE CAN LOOK AT SPECIFICALLY ON YOUR, WHICH OUR NEXT AGENDA ITEMS ON CREATING OUR PERMANENT RULES OF PROCEDURE.
SO WE'VE, WE'VE GOT, WE, WE'VE, WE'VE GOT AN OPPORTUNITY TO, TO ADJUST HOW WE NEED TO ADJUST IF, IF THAT'S THE RIGHT THING TO DO.
AND MAY I SAY ONE OTHER THING? YES.
[01:00:01]
ANSWERING YOUR QUESTION.IF YOU GUYS DO KEEP THE 48 HOUR RULE MIGHT BE A GOOD IDEA TO NOT SET CASES FOR MONDAY.
UM, I'D, I'D THINK, YOU KNOW, WEDNESDAY OR THURSDAY OR SOMETHING LIKE THAT WOULD BE KIND OF NICE.
IT'S JUST A PRACTICAL CONSIDERATION.
ANY, ANY OTHER, OR, OR FOR ANY OF YOU THAT WERE ON THE PANEL, ANY OBSERVATIONS THAT YOU MIGHT HAVE WITH REGARD TO HOW THINGS WENT, HOW WE COULD DO BETTER, HOW THE NEW PROCEDURES WORK? NO, I, I SHARE THE SAME CONCERN ABOUT SORT OF THE, THE PRE-HEARING EXCHANGE OF DOCUMENTS OR DEADLINES FOR FILING MOTIONS, THINGS LIKE THAT.
I THINK JUST HAVING GONE THROUGH THAT, WE CAN SEE WHERE SOME CLARIFICATIONS OR AMENDMENTS MIGHT BE WARRANTED.
SO I THINK THAT'S A GOOD THING TO CONSIDER.
AND I, I THINK INITIALLY WHEN WE FIRST LOOKED AT IT, THERE WAS NO REQUIREMENT AT ALL WHEN WE FIRST GOT TOGETHER.
THERE WAS NO REQUIREMENT AT ALL FOR ANY EXCHANGE AHEAD OF TIME.
SO I THINK THAT'S WHEN WE SAID, OKAY, AT THE VERY LEAST, LET'S DO TWO DAYS.
BUT I JUST, TO YOUR POINT, MR. BEAVERS, I MEAN, THINKING I'M BIASED AS A LITIGATOR, BUT YOU KNOW, OF COURSE TWO WEEKS.
AND THEN I WOULD ALSO ADMIT WHEN WE GET TO THE RIGHT TIME, YOU KNOW, I THINK, AND MR. BEAVERS, I'D BE INTERESTED IN YOUR THOUGHTS ON THIS, BUT I THINK THERE WOULD ALSO BE VALUE IN REQUIRING A MEET AND CONFER BETWEEN THE PARTIES.
'CAUSE Y'ALL HAD TO HAVE SOME BACK AND FORTH AT THE HEARING ABOUT WHAT WAS ADMISSIBLE AND WHAT WAS NOT.
OBVIOUSLY YOU HAD LIMITED TIME TO HAVE THOSE THOUGHTFUL, REFLECTIVE CONVERSATIONS.
UM, SO I THINK WE SHOULD INCORPORATE THAT TOO.
AND THEN WHETHER IT WAS A PROCEDURAL, MY VIEW IS WHETHER IT'S A SUBSTANTIVE OR PROCEDURAL MOTION TO DISMISS, YOU CAN'T AMBUSH, YOU SHOULD NOT BE ABLE TO AMBUSH, UH, SOMEBODY BEFORE TRIAL UNLESS IT IS SOMETHING THAT, YOU KNOW, I THINK WE COULD HAVE A LITTLE CAVEAT UNLESS IT'S SOMETHING THAT HAS COME UP THAT YOU COULD NOT HAVE ANTICIPATED.
UM, AND I THINK JUST, YOU KNOW, OUR, MY THOUGHT AT THE ACTUAL HEARING WAS, IS THIS GONNA PREJUDICE HIM? UM, OR CAN HE, AND I HAVE FOUND THAT IN MY EXPERIENCE, JUDGES, UM, WILL ALMOST DEF HOPE THAT EVEN IF SOMETHING WAS LATE, THEY'RE, IF YOU GIVE EVERYBODY AN OPPORTUNITY OR YOU KICK THE HEARING, IS IT GONNA ALLOW EVERYBODY TO BE ABLE TO SAY, I HAD MY FAIR SHOT AND, UH, YOU ALL CONSIDERED ALL THE DOCUMENTS.
THE OTHER THING I WAS GONNA ASK IS JUST WHETHER OR NOT YOU THOUGHT, UM, WE HAPPENED TO GET IT ALL DONE IN A DAY.
I THINK THAT WAS PROBABLY A LONG DAY FOR WHAT THE SUBSTANCE WAS.
IT PROBABLY COULD HAVE BEEN, PROBABLY COULD HAVE BEEN SHORTER.
BUT, UM, IT MIGHT BE INTERESTING FOR US TO CONSIDER TIME LIMITS, NOT, NOT TO DICTATE WHAT THOSE TIME LIMITS ARE, BUT TO EVALUATE WHAT TYPE OF CASE IT IS, ESPECIALLY AS YOU HAVE MORE CASES AND THINK THROUGH WHETHER OR NOT THERE, WE WANNA HAVE SOME TIME LIMITS IN TERMS OF EXAMINATIONS OR OPENINGS OR CLOSINGS, JUST TO KEEP THE, KEEP THE BALL MOVING.
THOSE ARE JUST SOME OF THE, THE THOUGHTS THAT, THAT I HAD.
UM, AND THEN I, YEAH, AND THEN WE, I THINK IN, WE ALSO PROBABLY SHOULD PROVIDE A WARNING.
I GUESS WE, DO, Y'ALL KNOW, DO, DOES ANYBODY REMEMBER IN THE ACTUAL RULES, DO WE SAY THAT WE WILL CONSIDER THE, LIKE THE TEXAS RULES OF EVIDENCE AS LIKE ADVISORY? DO WE SAY ANYTHING LIKE THAT? I CAN'T REMEMBER.
BUT THAT WOULD ALSO BE, I THINK, GOOD GUIDANCE FOR SOME OF THESE ATTORNEYS WHO ARE PREPARING THAT, YOU KNOW, WE'RE, WE ARE GOING TO USE THE TEXAS RULES OF EVIDENCE OR FEDERAL RULES OF EVIDENCE AS GUIDEPOSTS, UM, FOR HOW TO MAKE DECISIONS.
AND I THOUGHT, YOU KNOW, I'M NOT PANDERING TO PROFESSOR PERKINS, BUT I THOUGHT HE DID A GOOD JOB IN, IN THINKING THOSE PIECES THROUGH.
THOSE ARE, THOSE ARE MY HIGH LEVEL THOUGHTS.
ANY, ANY FURTHER COMMENTS, COMMENT FROM YOU? I, I CAN CERTAINLY UNDERSTAND THE IGS CONCERNS ABOUT THE LATE PRODUCTION OR REQUEST TO USE CERTAIN INFORMATION IN THE RECORD.
AND I THINK TO THIS, TO THE EXTENT THAT WE CAN MAKE IT CLEAR WHEN THE DISCLOSURE REQUIREMENTS ARE ALL GOING TO, UH, BE REQUIRED SO THAT EVERYONE, EVERYONE GETS AN AMPLE OPPORTUNITY TO REVIEW EVERYTHING, INCLUDING THE INSPECTOR GENERAL.
SO, SO THOSE, THAT POINT IS WELL TAKEN.
I, IF WE DO STICK WITH THE 48 HOUR RULE, I'M GOOD.
WHATEVER DECISION Y'ALL MAKE, I'LL, I'LL ABIDE BY IT.
BUT I DO THINK IF WE STICK WITH A RULE THAT'S THAT SHORT, I THINK THAT'S GONNA TRANSLATE INTO A WHOLE BUNCH OF MOTIONS FOR CONTINUANCE IN MY OPINION.
[01:05:01]
WE NEED TO MAKE SURE THAT WE'RE TALKING ABOUT BUSINESS DAYS, NOT WEEKENDS.SO IF THEY SUBMIT SOMETHING AND IT'S 48 HOURS, IT NEEDS TO BE 48 HOURS OF BUSINESS HOURS, NOT OVER A WEEKEND.
SO IF THEY SUBMIT IT ON A SATURDAY MORNING, YOU'VE GOT UNTIL WEDNESDAY, YOU'VE GOT MONDAY AND TUESDAY RATHER THAN SATURDAY AND SUNDAY.
SO I THINK THERE'S WAYS TO MAYBE INCREASE THE NUMBER OF DAYS, BUT MAYBE MAKE SURE WE'RE TALKING ABOUT BUSINESS DAYS AND THAT WORKS AS LONG AS WE DON'T HAVE A MONDAY MORNING HEARING, I GUESS.
FURTHER COMMENTS? ALRIGHT, THERE, THERE BEING NONE.
UM, THAT ALLOWS US NEXT TO GO TO, UH, OUR AGENDA ITEM NUMBER SIX, WHICH IS THE CREATION OF AN AD HOC COMMITTEE FOR AMENDING OUR RULES OF PROCEDURE.
UM, WE, AS YOU KNOW, WE HAVE INTERIM RULES OF PROCEDURE THAT WE ADOPTED, UM, AT OUR LAST QUARTERLY MEETING.
AND NOW WE HAVE OUR NEW ORDINANCE IN PLACE AND, AND I THINK SOME PERMANENT, UM, UNDERSTANDING WITH REGARD TO OUR ETHICS CODE.
AND NOW WE ARE IN A POSITION TO BE ABLE TO COMPLETE OUR, UM, FORMAL RULES OF, OF PROCEDURE THAT TAKE INTO ACCOUNT THE INSPECTOR GENERAL'S RULES AND, AND OUR, OUR NEW ROLES.
UM, I'VE SPOKEN WITH, UH, MS. MORRISON, UM, WHO IS, IS CHARGED WITH THE RESPONSIBILITY OF HELPING DEVELOP THOSE, THOSE RULES.
AND, AND WE HAVE THOUGHT IT'S, IT'S GOOD FOR OUR, UH, FOR US TO ESTABLISH A, UH, A COMMITTEE OF OUR COMMISSION, MAYBE OF ABOUT FOUR OR FIVE PEOPLE TO, UH, TO WORK WITH MS. MORRISON AND TO WORK WITH THE INSPECTOR GENERAL ABOUT DEVELOPING SOME, UH, SOME OF OUR PERMANENT RULES OF PROCEDURE.
AND I WOULD LIKE, UH, FOR YOU, WELL FIRST OF ALL TO COMMENT ON THAT BECAUSE I THINK OUR INVOLVEMENT AND, UM, UM, OUR INVOLVEMENT IN THE PROCESS WILL, WILL CERTAINLY ALSO, UH, LEAD TO, UH, TO, TO, UH, OUR BUY-IN OF WHATEVER OUR FINAL RULES ARE.
SO TAKE SOME COMMENTS WITH REGARD TO THAT AND THEN, AND THEN HOPEFULLY WE CAN ESTABLISH A GROUP OF A SMALL GROUP OF US TO WORK ON THAT.
DO YOU MIND IF I JUST GIVE A LITTLE BIT OF BACKGROUND ON, UM, THIS, THIS TYPE OF THING? SURE.
I, I JUST WANNA HIGHLIGHT THAT A FEW OF OUR BOARDS AND COMMISSIONS, UH, THE CITY PLAN COMMISSION BEING ONE, THEY HAVE, UM, A STANDING COMMITTEE THAT'S, UM, DEFINED IN THEIR RULES OF PROCEDURE.
NOW THAT RULES COMMITTEE DOESN'T MEET VERY OFTEN BECAUSE THEY DON'T AMEND THEIR RULES VERY OFTEN.
BUT WHEN THE COMMISSION FEELS THAT, UM, A RULE CHANGE IS NEEDED, THEN THAT RULES COMMITTEE GETS TOGETHER TO HASH OUT, UH, WHAT IT NEEDS TO SAY, AND THEN THEY BRING IT TO THE FULL COMMISSION TO REVIEW THEIR WORK AND THEIR PROPOSAL.
UM, ALSO THE CIVIL SERVICE BOARD, UM, THEY RECENTLY DID A COMPLETE OVERHAUL OF THEIR RULES OF PROCEDURE AND THEIR RULES, UM, DIDN'T HAVE ANY REFERENCE TO A RULES COMMITTEE.
SO IT WAS AN AD HOC RULES COMMITTEE THAT THE CHAIR, UM, PUT TOGETHER.
HE JUST, HE TOOK A FEW VOLUNTEERS AND THEY WORKED AS KIND OF A WORKSHOP OVER THE COURSE OF A COUPLE OF YEARS.
I DON'T EXPECT, UH, THIS PROCESS FOR THIS COMMISSION TO LAST A COUPLE OF YEARS.
UM, BUT THE CIVIL SERVICE BOARD, THEY HAD TO COMPLETELY OVERHAUL THEIR RULES AND, AND KIND OF, KIND OF DEVELOP THEM FROM SCRATCH.
SO IT WAS NICE HAVING THAT AD HOC COMMITTEE TO WORK AT TOGETHER AS KIND OF A WORKSHOP, UM, TO GET ALL OF THOSE IDEAS DOWN WITH THE LAWYERS, UM, HELPING THEM DRAFT ALL OF THAT.
AND SO I JUST THOUGHT THAT THAT, UH, PROCESS COULD WORK FOR THIS COMMISSION.
NOW THAT WE'RE A COMMISSION OF 15.
I MEAN, I THINK WE HAVE 12 APPOINTED NOW.
SO, UM, YOU KNOW, SOMETIMES IT'S EASIER WHEN YOU'RE DRAFTING A DOCUMENT, UM, TO WORK WITH A SMALLER NUMBER OF PEOPLE TO REALLY DIVE INTO THE ISSUES.
AND I WANTED THIS COMMISSION, UM, TO FEEL LIKE THEY HAD A LOT OF, UM, BUY-IN FOR THEIR OWN RULES.
'CAUSE IT IS, IT IS YOUR RULES OF PROCEDURE.
IT'S NOT, YOU KNOW, THE CITY ATTORNEY'S OFFICE'S RULES OF PROCEDURE OR THE IGS RULES OF PROCEDURE.
IT IS THE RULES OF PROCEDURE FOR THIS COMMISSION.
AND SO I THOUGHT MAYBE HAVING AN AD HOC COMMITTEE, UH, TO DIVE IN AND REALLY, YOU KNOW, HELP ME DROP THEM.
YOU KNOW, THEN I, YOU KNOW, WE COULD INCORPORATE A LOT MORE OF THE COMMISSION'S IDEAS.
AND JUST, UM, JUST FOR FULL CLARIFICATION, IT WOULDN'T BE THE AD HOC COMMITTEE DECIDING WHAT THE RULES ARE.
THE AD HOC COMMITTEE WOULD DO THE WORK IN HELPING ME DRAFT, AND THEN WE WOULD BRING IT TO THE FULL COMMISSION, UH, FOR A BRIEFING ON THOSE.
UM, AND THEN IT WOULDN'T JUST BE RUBBER STAMPED BY THE COMMISSION, BUT THEN THE FULL COMMISSION COULD WEIGH IN ON THAT DRAFT.
[01:10:01]
YOU VERY, VERY MUCH FOR THAT.LAURA HOWARD, UH, A COUPLE THINGS.
UM, WELL, WHAT MS. MORRISON SAID, IT LOOKS LIKE AT LEAST WE HAVE SOME, UH, GUIDELINES WE COULD LOOK AT.
UH, DO YOU HAVE ANY IDEA, UH, WHAT THE TIMELINE WOULD BE? WOULD YOU SUGGEST THAT PERHAPS BY THE NEXT COMMISSION MEETING OR, YOU KNOW, I'M, THAT, THAT WOULD BE MY GOAL.
I'M LOOK TO MS. MORRISON AS TO WHAT, WHAT TIMING AND HOW WE CAN ASSEMBLE AND HOW QUICKLY THE, THE, THE GROUP CAN WORK TOGETHER.
BUT I, THAT WOULD BE A PERFECT RESULT FOR ME.
HOWARD, OTHER, OTHER COMMENTS ON GOOD IDEA VOLUNTEERS TO, UH, SERVE ON THAT COMMITTEE? I THINK WE'VE GOT SOME LITIGATION LAWYERS.
I, I, I THINK I'M LOOKING AT THREE RIGHT OVER THERE.
THAT, UH, WOULD BE YES, WOULD BE GREAT.
HAPPY TO, I THINK, THINK IT'S A GREAT, I THINK IT'S A GREAT IDEA.
SO WE'VE GOT, UH, MS. MORRISON, WE'VE GOT MR. SCHMIDT, MR. JASSO.
SO THAT'S FOUR YOU'RE LOOKING AT, AT, I'M, I'M LOOKING AT, AT, AT, AT YOU, MR. MR. FORMER CITY ATTORNEY
OR MAYBE NOT HAPPY TO, BUT YES, WE, WE ABSOLUTELY, WE, WE WERE LOOKING FOR FIVE, BUT, BUT, UH, I HAVE, IF YOU WANT IT TO BE BY THE NEXT QUARTERLY MEETING, I'M SENDING TWO CHILDREN OFF TO COLLEGE AND HAVE ELDER CARE SITUATIONS.
WELL, WE, WE, I THINK WE'VE GOT OUR FIVE.
SO WHAT YOU'RE SAYING IS THAT WE SHOWED UP THE MEETING TODAY,
I, MR. VILLAREAL, WOULD YOU LIKE TO BE ON, I MEAN, WE, WE, BUT YOU'RE SMILING.
I DIDN'T SEE YOU JUMP IN ON THAT, AND I DIDN'T SEE PAM JUMP IN ON THAT EITHER.
AND WE'VE GOT SOME LITIGATORS UP HERE THAT ARE, THAT ARE, THAT ARE, UH, MORE THAN WILLING TO HELP US WITH THAT.
AND THE FULL COMMISSION HAS TO APPROVE IT.
SO, UH, I THINK WE'VE GOT A GOOD GROUP, IF THAT'S OKAY WITH THE REST OF THE COMMISSION.
SO COMMISSIONER SCHMIDT JASO, RUBEN BOWMAN PERKINS, WE'LL WORK WITH MS. MORRISON ON, UH, FINALIZING THESE RULES.
THANK YOU ALL VERY MUCH FOR VOLUNTEERING.
UM, I WOULD LIKE, IF WE WOULD AS A COMMISSION, UM, UH, IN LIGHT OF THE, UH, THE, THE PUBLIC COMMENTS THAT WE RECEIVED IT, I'D LIKE TO GO INTO EXECUTIVE SESSION IF WE COULD, PROBABLY FOR JUST FIVE MINUTES.
UM, LAURA, I'VE NEVER DONE THIS IN CHAIR, A COMMISSION MEETING OF GOING INTO EXECUTIVE SESSION.
DOES THAT MEAN IT'S JUST THE, JUST THE COMMISSION OR WITH YOU IF WE CAN NO, WE, WE, WE CAN'T GO INTO EXECUTIVE SESSION BECAUSE WE DON'T HAVE AN AGENDA ITEM OF EX.
YEAH, AND I DON'T KNOW, WAIT, IT WAS WAS, I DUNNO, THE REASON FOR, OKAY.
I I JUST WANTED TO HAVE AN INTERNAL DISCUSSION, WHICH WE CAN, WE CAN DO SEPARATELY WITH REGARD TO, UH, THE PUBLIC COMMENTS THAT WE HAD TODAY AND, AND, AND HOW, HOW WE WILL RESPOND.
SO, WELL, IF YOU'LL ALLOW THE, A, A MINUTE TO COMMENT, UM, YES ON THE, THE, WHAT THE PUBLIC SPEAKER SAID, I UNDERSTAND THAT THE PUBLIC SPEAKER HAS SUBMITTED HIS CONTACT INFORMATION TO THE COMMISSIONERS.
UM, I, I WANNA GUARD YOU AGAINST, UH, REACHING OUT TO THAT SPEAKER IF IT IS ABOUT, UM, A COMPLAINT THAT WAS FILED WITH THE IG BECAUSE THIS COMMISSION IS A QUASI-JUDICIAL BODY THAT IS NOT ALLOWED TO HAVE ANY EX PARTE COMMUNICATIONS WITH ANY PARTIES TO THOSE TYPES OF MATTERS.
SO, SO LET ME, LET ME THEN, LAURA, LET ME FOLLOW UP WITH YOU AND WE WILL DETERMINE THE BEST WAY TO RESPOND.
AND, AND I KNOW, UM, MR. COLE, WE'VE GOT, WE'VE GOT YOUR INFORMATION THROUGH THE CITY SECRETARY'S OFFICE, UH, UH, AND HERE.
WELL, UM, WITH REGARD TO THE PACKET OF INFORMATION THAT HE SUBMITTED TO EVERYBODY HERE, UM, WHAT, WHAT IS THE POLICY ON, ON THAT SORT OF INFORMATION? UM, I THINK IT WOULD BE BEST IF EVERYONE WOULD SUBMIT THAT TO THE, THE CITY SECRETARY.
I'M NOT THERE, SO I CAN'T SEE WHAT WAS SUBMITTED.
BUT I THINK IF IT IS HAVING TO DO WITH A COMPLAINT THAT HAS BEEN FILED WITH THE IG, THEN THAT WOULD BE EX PARTE COMMUNICATIONS AND THAT WOULD NOT BE ALLOWED, UM, TO BE SUBMITTED TO INDIVIDUAL MEMBERS OF THE COMMISSION.
SO, AND I'LL JUST NOTE IT IS JUST A COPY.
THE, UM, PART OF THIS IS JUST THE CITY PLAN COMMISSION, UH, PACKET, AND THEN THAT INCLUDES THE STAFF RECOMMENDATION, ET CETERA, AND THEN A, SOME TYPE OF SUMMARY.
WE, WE WILL, WE WILL GET THAT TO THE CITY SECRETARY SO THAT IT GETS TO, UM, TO YOU, MS. MORRISON.
AND THEN, UM, I WILL FOLLOW UP SEPARATELY WITH YOU ON THAT.
[01:15:02]
BEFORE WE GO TO ADJOURNMENT, ANYTHING FOR THE GOOD OF THE ORDER? OKAY.OUR NEXT REGULAR SCHEDULED MEETING IS FOR AUGUST 17TH AT 9:30 AM AND WITH NOTHING FURTHER ON THE AGENDA, THE ETHICS ADVISORY COMMISSION IS CONCLUDED AT 10:48 AM ON TUESDAY, AUGUST.
I'M SORRY, DID I SAY AUGUST? YEAH, SORRY ABOUT THAT.
AT 9:30 AM UH, WITH NOTHING FURTHER ON THE AGENDA, THE ETHICS ADVISORY COMMISSION IS CONCLUDED, UH, AT NINE, UH, 10:48 AM ON TUESDAY, JULY 25TH.
MR. COLE, THANK YOU FOR BEING HERE.
UH, INSPECTOR GENERAL BEAVERS.
AND COMMISSIONERS, THANK YOU FOR BEING HERE.