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THE THE CITY[Ethics and Governance Committee on April 18, 2024.]
COUNCIL COMMITTEE ON ETHICS AND GOVERNANCE.I'M COUNCIL MEMBER JOAQUIN MARTINEZ, AND I'M THE CHAIR OF THIS COMMITTEE.
IT IS NOW 10 0 3, AND I'M PLEASED TO CALL TODAY'S MEETING TO ORDER.
I'D LIKE TO START BY, UH, RECOGNIZING MY COLLEAGUES JOINING US TODAY, BEGINNING WITH VICE CHAIR TW CARTER.
WOULD YOU LIKE TO SHARE ANY, ANY WORDS, KICK OFF THE MEETING? I DON'T HAVE TO PUSH THE BUTTON THERE.
DO I? UH, THANKS FOR, UH, JOINING US TODAY.
THIS IS A VERY, UM, INFORMATIVE, UH, BIT OF INFORMATION, SOME THAT MOST OF YOU MAY ALREADY KNOW.
BUT, UM, IN THE REVIEW, I THINK THERE'S A LOT TO LEARN AND I LOOK FORWARD TO, UH, TO LEARNING RIGHT ALONGSIDE YOU ALL.
UM, I'D ALSO LIKE TO, UH, JUST RECOGNIZE ALL THE, ALL THOSE THAT HAVE JOINED US.
AND I'M GONNA START, UH, BY RECOGNIZING THE COUNCIL MEMBERS.
WE HAVE COUNCIL MEMBER, UH, WILLIE DAVIS.
WE HAVE COUNCIL MEMBER MARIAN ANN HUFFMAN, COUNCIL MEMBER JULIAN RAMIREZ.
COUNCIL MEMBER SALLY ALCORN, OF COURSE, COUNCIL MEMBER TWI CARTER.
UM, AND COUNCIL MEMBER, UH, MARIO CASTILLO.
AND THEN WE HAVE STAFF FROM COUNCIL MEMBER A AMY ABBY CAIN'S OFFICE.
UH, COUNCIL MEMBER ASHA JACKSON'S OFFICE.
UH, COUNCIL MEMBER, UH, MAYOR PRO TEM MARTHA CAS STADIUM'S OFFICE AND COUNCIL MEMBER PLUMBER'S OFFICE.
SO WE'VE BEEN JOINED BY STAFF.
UH, UM, SO DID I MISS ANYONE? FIRST OF ALL, THIS IS MY FIRST MEETING, SO I'M EXCITED.
THIS IS, UH, LOOKING FORWARD TO, UH, CONTINUING TO CHAIR THIS COMMITTEE AS WELL.
UM, SO AS A REMINDER FOR COUNCIL MEMBERS, PLEASE HOLD YOUR QUESTIONS UNTIL THE END OF THE PRESENTATION.
WHEN YOU'RE RECOGNIZED, PLEASE BE SHARED TO SPEAK CLEARLY INTO THE MICROPHONE.
I'LL LET YOU KNOW WHEN YOUR THREE MINUTES FOR THE QUESTIONS HAS ENDED.
AND NOW WE'RE GONNA SWITCH TO THE MEETING AGENDA.
TODAY, THE COMMITTEE WILL RECEIVE AN OVERVIEW OF THE CITY COUNCIL'S, UH, CITY CODE OF ETHICS FROM SENIOR ASSISTANT CITY ATTORNEY DANIELLE FOLSOM, TO BE FOLLOWED BY AN OVERVIEW OF THE BOARDS AND COMMISSIONS FROM MAYOR'S ADVISOR FOR BOARDS AND COMMISSIONS SCOUT ODEGAARD.
LET ME TURN IT OVER NOW TO OUR PRESENTER, MS. FOLSOM, TO BEGIN THE PRESENTATION ON CITY'S CODE OF ETHICS FOR COUNCIL MEMBERS AND STAFF.
AND IF YOU COULD PLEASE, UH, INTRODUCE YOURSELF FOR THE RECORD AS WELL AS ANY MEMBERS OF YOUR TEAM, UH, THAT'LL BE JOINING US TODAY.
I'M A SENIOR ASSISTANT ATTOR CITY ATTORNEY WITH THE CITY'S LEGAL DEPARTMENT, AND I'M JOINED TODAY BY JOSEPH HAYES, WHO'S ALSO AN ASSISTANT CITY ATTORNEY WITH THE CITY'S LEGAL DEPARTMENT.
OUR PRESENTATION TODAY IS GOING TO COVER VARIOUS ETHICAL CONSIDERATIONS, BOTH FOR COUNCIL MEMBERS AS WELL AS THOSE AFFECTING COUNCIL STAFF.
ETHICAL CONSIDERATIONS FOR CITY OFFICIALS COVER A WIDE RANGE OF ISSUES AND LAWS, BUT TO KEEP MY PRESENTATION BRIEF, I'VE CENTERED IT AROUND THREE MAIN AREAS.
NEXT SLIDE, THAT'S TEXAS OPEN MEETINGS ACT AND WALKING QUORUMS ABUSE OF OFFICE AND MISUSE OF CITY STAFF AND RESOURCES AND CONFLICT OF INTEREST IN CITY CONTRACTS.
UH, THE PDF OF THIS PRESENTATION THAT YOU MAY HAVE RECEIVED CONTAINS HYPERLINKS TO ALL OF THE REFERENCE LAWS BECAUSE WE'RE COVERING SO MUCH GROUND, WE MIGHT NOT BE ABLE TO GO OVER, YOU KNOW, EVERY PROVISION THAT RELATES TO THE VARIOUS LAWS, BUT THERE'S LINKS TO ALL OF THOSE LAWS SO THAT YOU'LL BE ABLE TO REVIEW THEM.
BEFORE WE DIVE INTO THIS TOPIC, THOUGH, I WANTED TO BRIEFLY TOUCH ON THE ROLE OF THE CITY ATTORNEY'S OFFICE.
SO, AS YOU MAY KNOW, THE CODE OF ORDINANCES PROVIDES THAT THE CITY ATTORNEY SHALL RENDER OPINIONS AND ADVICE TO CITY COUNCIL REGARDING ANY LEGAL MATTER AFFECTING MUNICIPAL AFFAIRS.
AND ANY LAWYER EMPLOYED BY THE CITY REPRESENTS THE CITY AS AN ENTITY RATHER THAN ANY INDIVIDUAL EMPLOYEE OR INDIVIDUAL OFFICIAL IN THEIR PERSONAL CAPACITY.
SO WHEN WE'RE PROVIDING LEGAL ADVICE, WE'RE NOT AUTHORIZED TO PROVIDE IT ON MATTERS UNRELATED TO LEGAL MATTERS AFFECTING MUNICIPAL AFFAIRS.
SO AN EXAMPLE OF THAT MAY INCLUDE, UH, LEGAL ADVICE RELATED TO YOUR CAPACITY AS A CANDIDATE FOR ELECTIVE OFFICE, BUT THERE'S A FULL RANGE OF ITEMS THAT WE DO PROVIDE ADVICE ABOUT, AND WE FREQUENTLY ENTERTAIN QUESTIONS FROM CITY EMPLOYEES AND CITY OFFICIALS ON ETHICS ISSUES.
DANIELLE, I WANTED TO ADD, UH, COUNCIL MEMBER MARTINEZ, COUNCIL MEMBER CARTER, THAT, UH, FEEL FREE TO CONTACT ME ON ANYTHING THAT IS NOT DIRECTLY RELATED TO THE CITY, BUT YOUR CANDIDACY.
I KNOW A NUMBER OF LAWYERS WHO WOULD PROBABLY BE HAPPY TO SPEAK WITH YOU AND TALK YOU THROUGH AN ISSUE.
OUR FIRST SUBJECT IS THE TEXAS OPEN MEETINGS ACT AND WALKING QUORUMS. NEXT SLIDE.
THE TEXAS OPEN MEETINGS ACT IS CONTAINED IN CHAPTER 5 51 OF THE GOVERNMENT CODE.
AND BASICALLY IT PROVIDES THAT, YOU KNOW, MEETINGS OF CITY COUNCIL MUST
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BE OPEN TO THE PUBLIC, AND THEY MUST BE POSTED, PROCEEDED BY 72 HOUR NOTICE OF A TIME PLACE AND SUBJECT MATTER OF THE MEETING.BECAUSE WE ARE SUBJECT TO THE HOUSTON CITY CHARTER, WHICH PROVIDES THAT ALL MEETINGS OF CITY COUNCIL AND COUNCIL COMMITTEES ARE OPEN TO THE PUBLIC.
WE CANNOT GO INTO CLOSED SESSION, ALTHOUGH THAT IS PROVIDED FOR IN THE OPEN MEETINGS ACT.
AND YOU MAY BE FAMILIAR WITH OTHER GOVERNMENTAL ENTITIES THAT CAN GO INTO CLOSED SESSION IF WE DON'T COMPLY WITH THESE REQUIREMENTS.
AND A LEGAL CLOSED MEETING CAN OCCUR, AND THERE ARE CRIMINAL OFFENSES FOR AN UNAUTHORIZED CLOSED MEETING.
AND THIS TYPE OF MEETING CAN TAKE PLACE NOT JUST IN A, IN A FORMAL MEETING SUCH AS THIS, THAT MAY HAVE BEEN UNPOSTED OR MAY HAVE BEEN CLOSED TO THE PUBLIC.
THERE'S A DELIBERATION BETWEEN A QUORUM OF CITY COUNCIL DURING WHICH CITY BUSINESS IS DISCUSSED, ANYTIME THEY'RE DELIBERATING ON AN ISSUE OF CITY BUSINESS THAT COULD OCCUR IN AN EMAIL CHAIN THAT CAN OCCUR IN TEAMS CHATS OR TEXT MESSAGES.
SO IT DOESN'T REQUIRE ALL THE INDIVIDUALS TO BE IN PERSON FOR A, UH, A MEETING TO OCCUR THAT TRIGGERS OUR REQUIREMENTS UNDER THE ACT.
AND IF IT'S NOT OPEN TO THE PUBLIC AND POSTED, THEN IT WOULD BE AN UNAUTHORIZED CLOSED MEETING.
NOW, THERE ARE SOME SCENARIOS WHERE A QUORUM OF COUNCIL MEMBERS ARE TOGETHER IN ONE PLACE, AND IT DOES NOT QUALIFY AS A MEETING, AND IT DOESN'T TRIGGER ANY OF THESE REQUIREMENTS.
AND THAT'S THINGS LIKE A SOCIAL FUNCTION THAT'S UNRELATED TO CITY BUSINESS OR, UM, ATTENDANCE AT A CONFERENCE, A POLITICAL DEBATE OR A CEREMONIAL EVENT IF NO FORMAL ACTION IS TAKEN, OR DISCUSSION OF CITY BUSINESS IS, UH, INCIDENTAL TO THE PRIMARY PURPOSE OF THE FUNCTION THAT YOU MAY BE AT.
NEXT SLIDE, EVEN WHEN WE HAVE GROUPS OF MEMBERS OF A GOVERNMENTAL BODY IN LESS THAN A QUORUM, THERE ARE STILL WAYS THAT YOU MAY RUN AFOUL, THE OPEN MEETINGS ACT AND THINGS THAT THAT MUST BE, UH, AVOIDED.
SECTION 5 51 0.1 43, WHICH IS, IS FULLY LISTED ON THIS SLIDE, WAS ADDED TO ADDRESS ATTEMPTS TO CIRCUMVENT THE ACT BY MEETING IN SMALLER GROUPS IN, UM, A SITUATION THAT IS OFTEN REFERRED TO AS A WALKING QUORUM.
AND YOU MAY HAVE SEEN THAT REFERRED TO, REFERRED TO THAT IN THE NEWS.
AND SO THAT'S A SERIES OF GATHERINGS AMONG SEPARATE GROUPS OF MEMBERS OF A GOVERNMENTAL BODY EACH LESS THAN A QUORUM SIZE, BUT THEY'RE AGREEING TO, THEY'RE DISCUSSING PUBLIC BUSINESS AND THEY'RE AGREEING TOGETHER TO ACT UNIFORMLY, UH, TO, TO ESSENTIALLY REACH A QUORUM IN A DELIBERATION OF CITY BUSINESS.
NOW, ONE SINGLE MEMBER BY ONE MEMBER OF CITY COUNCIL TO LESS THAN A QUORUM DOESN'T VIOLATE THE ACT ON ITS OWN.
BUT AN IMPORTANT THING TO REMEMBER WHEN YOU'RE LOOKING AT THIS PROVISION AND, UH, REVIEWING IT IN TERMS OF YOUR, YOUR CONDUCT, IS THAT THAT ONE EMAIL ALONE MAY NOT VIOLATE IT, BUT IF THAT IS ONE IN A SERIES OF COMMUNICATIONS, UH, THAT A COUNCIL MEMBER MAY KNOW AT THE TIME THAT THEY MAKE THEIR SINGLE COMMUNICATION THAT IT'S GOING TO BE ONE IN A SERIES THAT WOULD INVOLVE A QUORUM AND WOULD CONSTITUTE A DELIBERATION, THEN THAT'S WHERE THIS PROVISION COMES INTO PLAY.
YOU KNOW, FOR EXAMPLE, IF ONE INDIVIDUAL PERSON, EVEN A, A STAFF MEMBER, WENT TO EACH CITY COUNCIL MEMBER INDIVIDUALLY TO DISCUSS, UH, A PENDING AGENDA ITEM AND TO GET THEIR THOUGHTS AND MAYBE DEVELOP A CONSENSUS ON IT, YOU KNOW, AGAIN, ONE SINGLE COMMUNICATION IS NOT NECESSARILY A VIOLATION, BUT IT'S THAT IN CONJUNCTION WITH THE FULL SERIES OF COMMUNICATIONS THAT REALLY BRINGS THIS OFFENSE INTO PLAY.
AND I WANTED TO ADD SOMETHING HERE.
FOR THOSE OF YOU WHO'VE BEEN INVOLVED IN GOVERNMENT FOR A WHILE, THIS PROVISION OF THE STATUTE CHANGED A COUPLE LEGISLATIVE SESSIONS AGO BECAUSE THERE HAD BEEN A CONVICTION OF, UM, LOCAL OFFICIALS, I BELIEVE, IN MONTGOMERY COUNTY, BUT THE TEXAS COURT OF CRIMINAL APPEALS OVERTURNED IT ON THE BASIS THAT THE, THE LANGUAGE IN THE STATUTE DIDN'T HAVE SUFFICIENT, UH, MENS REA THE INTENT TO COMMIT A CRIMINAL OFFENSE.
NOW THAT IN, IN YOUR CIRCLES OF A WALKING QUORUM, PEOPLE HAVE TO HAVE THE INTENT THAT IT'S ULTIMATELY GOING TO INCLUDE A QUORUM OF THE GOVERNING BODY.
SO IT IS, UM, IT IS MORE DIFFICULT TO GET A CONVICTION UNDER THIS.
NOW, YOU COULD STILL HAVE A, UM, A, A CIVIL PROHIBITION AGAINST IT, BUT FOR THOSE OF YOU WHO MAY HAVE, UH, BEEN FAMILIAR WITH THIS BEFORE, IT CHANGED ABOUT THREE LEGISLATIVE SESSIONS AGO.
BUT DANIELLE, JOSEPH ARE, AND SEVERAL OTHERS IN OUR GENERAL COUNSEL ARE AVAILABLE TO DISCUSS NEXT SLIDE IN TERMS OF TIPS ON HOW TO AVOID WALKING QUORUMS, AVOID ILLEGAL CLOSED MEETINGS.
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IS, IS STAYING AWARE OF WHO IS IN YOUR PRESENCE WHEN YOU'RE DISCUSSING CITY BUSINESS AND WITH WHOM HAVE YOU DISCUSSED AND CITY BUSINESS WITH.AND AS ARTURO MENTIONED, WITH SECTION 5 51, 1 43, THERE IS THAT MENS REA REQUIREMENT.
SO, YOU KNOW, YOU'RE LOOKING AT, YOU KNOW, DO I HAVE KNOWLEDGE THAT THIS IS, THIS SINGLE COMMUNICATION IS GOING TO CONTINUE ON IN A SERIES THAT IS GOING TO EQUATE TO SORT OF A VERBAL EXCHANGE ON, UH, CITY BUSINESS.
ALSO, IN TERMS OF, YOU KNOW, NON-VERBAL EXCHANGES, WHICH IS OFTEN WHERE THESE ISSUES COME INTO PLAY, LIKE DISCUSSIONS ON SOCIAL MEDIA VIA EMAIL AND TEAMS. IT'S IMPORTANT TO, YOU KNOW, DON'T REPLY ALL, DON'T COMMENT ON A POST WHERE ALL, UH, A QUORUM OR ALL OF COUNSEL IS, UH, IS TAGGED.
IT'S IMPORTANT TO, UM, ALSO WHEN YOU ARE SUBMITTING PROP A ITEMS, WE'RE ADVISING THAT, YOU KNOW, NO MORE THAN EIGHT COUNCIL MEMBERS SHOULD SIGN ONTO AN ITEM.
'CAUSE AGAIN, WE DON'T WANT TO CREATE, UH, AN, UH, A QUORUM IMPOSSIBLE, ILLEGAL, UNAUTHORIZED MEETING.
AND THEN FINALLY, UM, I KNOW IT IS QUITE UNWIELDY WITH ALL MATTERS THAT COME BEFORE THE CITY.
BUT WITH THE STRICT REQUIREMENTS OF THE ACT AS THEY ARE, IT IS VERY IMPORTANT TO KEEP QUORUM DISCUSSION AND DECISION MAKING WITHIN THE BOUNDARIES OF POSTED MEETINGS.
AND I, I WANTED TO ADD SOMETHING TO EMPHASIZE WHAT DANIELLA IS SAYING IS, LITTLE THINGS ARE IMPORTANT.
LIKE I OFTEN TELL PEOPLE, USE THE, UH, THE FIRST PERSON SINGULAR, NOT FIRST PERSON, PLURAL, USE I RATHER THAN WE.
BECAUSE IF YOU MAKE A COMMUNICATION AND YOU SAY, AYE, YOU, YOU'RE PERFECTLY WITHIN YOUR RIGHTS TO EXPRESS YOUR OPINIONS ON A COUNSEL ACTION MATTER.
WHEN YOU START SAYING, WE, IT CALLS INTO QUESTION, IS IT THE OTHER PEOPLE HERE HAVE PEOPLE DISCUSS THIS IN, IN A QUORUM? SO LITTLE THINGS LIKE THAT BECOME IMPORTANT, UH, DEPENDING ON WHETHER THERE'S GONNA BE A CHALLENGE TO IT, TO, UH, COMMUNICATE A WRITTEN COMMUNICATION, AN EMAIL, A SOCIAL MEDIA POST.
NOW WE'RE MOVING ON TO, UH, ABUSIVE OFFICE.
AND THESE SLIDES ARE REALLY GONNA TALK ABOUT, UM, MISUSE OF CITY RESOURCES, UH, RECEIPT OF GIFTS AND, UM, BRIBERY AND HONORARIUMS AS WELL.
SO CH AND MANY OF THESE REQUIREMENTS COME FROM STATE LAW, BUT THERE ARE SOME REQUIREMENTS THAT COME FROM OUR OWN CITY CODE OF ORDINANCES.
SO STARTING WITH CHAPTER 39 OF THE PENAL CODE, THERE'S A, A PROVISION IN THERE ABUSE OF OFFICIAL CAPACITY THAT BASICALLY PROHIBITS, UH, OFFICIALS FROM USING GOVERNMENT PROPERTY SERVICES PERSONNEL, OR ANYTHING OF VALUE BELONGING TO THE CITY THAT'S COME INTO YOUR POSSESSION BY VIRTUE OF YOUR POSITION, USING THAT FOR PERSONAL OR PRIVATE PURPOSES.
AND THE TE TEXAS ETHICS COMMISSION OFTEN LOOKS AT THIS PROVISION AND THESE ISSUES, AND THEY ISSUE OPINIONS ON THEM.
AND SO, FOR EXAMPLE, I JUST PULLED SOME OPINIONS TO GIVE YOU SOME EXAMPLES OF THINGS THAT THAT WOULD BE A MISUSE OF, UH, OF GOVERNMENT RESOURCES.
THEY FOUND THAT THE USE OF STAFF TO SEND CHRISTMAS CARDS TO CONSTITUENTS, UH, IS A MISUSE OF RESOURCES.
ALSO USING STAFF AS A PERSONAL SCHEDULER FOR PERSONAL APPOINTMENTS OR FOR CAMPAIGN APPOINTMENTS, AGAIN, CAN CONSTITUTE A MISUSE OF CITY RESOURCES IN ADDITION TO THE PENAL CODE, THERE'S ALSO SOME PROVISIONS IN THE ELECTION CODE WHEN WE START TALKING ABOUT POLITICAL ADVERTISING OR THE PROMOTION OF AN ELECTED OFFICIAL OR EVEN, UM, ADVISING FOR OR AGAINST A MEASURE THAT MIGHT BE ON THE BALLOT.
SO THAT PROVISION PROHIBITS ANY CITY FUNDS FOR BEING USED FOR POLITICAL ADVERTISING.
AND THAT'S A DEFINED TERM IN THE, THE STATUTE.
AND WE DO INCLUDE LINKS, BUT FUNDS IS NOT JUST CASH IN HANDS, IT'S USE OF STAFF, IT'S USE OF CITY RESOURCES.
AND ONE AREA WHERE IT OFTEN COMES INTO PLAY FOR COUNCIL MEMBERS IS, UH, GUIDANCE ON CITY NEWSLETTERS AND OTHER TYPES OF FLYERS OR COMMUNICATIONS.
THERE IS A, A GREAT OPINION FOR THE ETHICS COMMISSION WHERE THEY ADVISE ON THE THINGS THAT CAN BE IN A NEWSLETTER, CAN BE IN ANOTHER TYPE OF COMMUNICATION BEFORE IT CROSSES THE LINE FROM INFORMATIONAL TO PROMOTIONAL.
AND WHEN IT BECOMES PROMOTIONAL BECAUSE OF THE NUMBER OF, OR THE CERTAIN SIZE OF AN OFFICIAL'S PHOTOS, OR EVEN SOME PERSONALLY PHRASED REFERENCES IN THE NEWSLETTER THAT MAY PROMOTE, RATHER THAN INFORM, THEN THAT TRIGGERS THE PROHIBITION ON THE USE OF CITY FUNDS FOR, UH, GOING TOWARDS THE USE OF STAFF TO PREPARE, UH, THE USE OF THE CITY'S, UH, EMAIL TO, UH, DISTRIBUTE THAT NEWSLETTER.
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OFTEN LOOK, UH, IN THE GENERAL COUNSEL SECTION, WE OFTEN REVIEW DOCUMENTS, UH, FOR COMPLIANCE WITH THIS.SO IF YOU'VE EVER GOT A NEWSLETTER OR OTHER TYPE OF COMMUNICATION WHERE YOU'RE CONCERNED ABOUT WHETHER IT CROSSES THE LINE FROM INFORMATION TO PROMOTION, PLEASE DON'T HESITATE TO CONTACT THE GENERAL COUNSEL SECTION.
UH, MS. FOSO, I CAN JUST PARDON MY INTERRUPTION.
I JUST WANNA, UH, WELCOME COUNCIL MEMBER HUFFMAN, UM, AND ALSO STAFF FROM COUNCIL MEMBER, UH, ER'S OFFICE AS WELL.
UM, AND JUST, UH, I KNOW THAT THIS IS A LOT OF INFORMATION AND SO JUST KEEP JOTTING NOTES AND THEN AF AFTER MS. FOLSOM IS DONE, WE'LL GO AHEAD AND START, UH, THE QUESTIONS PART AND, AND I WANT TO REITERATE THAT, UH, OUR OFFICE IS A RESOURCE ON THESE ISSUES.
YOU KNOW, WHAT YOU SEE IN ETHICS COMMISSIONS OR EVEN ATTORNEY GENERAL OPINIONS ARE DEPENDENT ON SPECIFIC FACTS THEY HAVE BEFORE THEM.
YOUR FACTS MAY BE SOMEWHAT DIFFERENT.
UM, AND, YOU KNOW, THE, ALTHOUGH REGULATORY AGENCIES ARE ENTITLED TO DEFERENCE BY THE COURTS, IT'S NOT THE FINAL WORD, IT'S NOT THE SAME AS A CASE PRECEDENT.
SO WE WILL LOOK CLOSELY AT THE FACTS THAT APPLY TO YOU.
AND ALTHOUGH OF COURSE OUR CITY ATTORNEY'S BEEN, UH, TIMING IN, I JUST WANNA MAKE SURE THAT WE WELCOME HIM AS WELL.
NOW, IN ADDITION TO CHAPTER 39 OF THE PENAL CODE, CHAPTER 36 OF THE PENAL CODE IS A CHAPTER, UH, THAT GOVERNS VARIOUS PROVISIONS RELATED TO, UM, CONCERNS INVOLVING AND OFFENSES INVOLVING PUBLIC SERVANTS.
SO IT'S A VERY IMPORTANT CHAPTER TO BECOME FAMILIAR WITH.
THAT'S WHERE YOU'LL FIND THE PROVISIONS RELATED TO BRIBERY AND ALSO THE PROVISIONS RELATED TO HONORARIUMS. SO, AN HONORARIUM MAY COME INTO PLAY BECAUSE BY VIRTUE OF YOUR POSITION, NOW, YOU MAY BE GETTING REQUESTS TO SPEAK AT CONFERENCES OR SEMINARS AND THE LIKE, AND YOU MAY EVEN BE OFFERED SOME TYPE OF STIPEND OR HONORARIUM IN HONOR OF PARTICIPATING.
THAT IS SOMETHING THE PENAL CODE PROHIBITS YOU FROM ACCEPTING.
HOWEVER, YOU MAY ACCEPT TRANSPORTATION OR LODGING OR EXPENSES FOR MEALS.
AND OFTENTIMES THAT IS SOMETHING THAT THAT IS OFFERED.
UM, BUT BASED ON WHAT, UM, WHAT YOU, WHAT IS PROVIDED AND WHAT YOU ACCEPT, THAT INFORMATION MAY HAVE TO ALSO BE DISCLOSED ON YOUR FINANCIAL DISCLOSURE.
AND IF YOU'RE BRINGING COUNSEL STAFF WITH YOU, THEY MAY BE SUBJECT TO THE MAYOR'S GIFT POLICY.
'CAUSE IT'S IMPORTANT TO REMEMBER THAT CHAPTER 36.
IN GENERAL, ITS REGARD TO RECEIVING BENEFITS, GIFTS THAT'S OPERABLE FOR COUNCIL MEMBERS AND, AND CITY STAFF AND CITY EMPLOYEES AS WELL.
BUT CITY EMPLOYEES AND CITY STAFF ARE ALSO SEPARATELY SUBJECT TO THE MAYOR'S GIFT POLICY, WHICH IS MORE STRINGENT, BUT ELECTED OFFICIALS ARE NOT.
SO THERE MAY BE SOMETHING THAT YOU CAN ACCEPT, BUT SOMEONE IN YOUR COUNCIL STAFF CANNOT, OR THEY MIGHT HAVE TO SEEK A WAIVER IN ORDER ORDER TO ACCEPT IT.
BUT AGAIN, AS ARTURO MENTIONED, WE, UH, WE REVIEW THOSE ISSUES ALL THE TIME.
SO IF SOMETHING COMES UP, YOU KNOW, PLEASE DON'T HESITATE TO REACH OUT.
SAME THING WITH THE PROVISION OF THE PENAL CODE REGARDING ACCEPTANCE OF GIFT.
IT, IT'S A CLASS A MISDEMEANOR.
IT PROHIBITS ACCEPTANCE OF GIFTS FROM PEOPLE SUBJECT TO CITY REGULATION, HOLDING OR SEEKING A CITY CONTRACT, LOBBYING BEFORE THE CITY.
AND THERE'S EXCEPTIONS, THOUGH, WITHIN THAT PROVISION THAT WOULD STILL ALLOW YOU TO ACCEPT A GIFT IN CERTAIN CIRCUMSTANCES.
FOR EXAMPLE, IF THE ITEM IS LESS THAN $50 OR A COMMON EXCEPTION THAT WE GET QUESTIONS ABOUT IS CALLED THE GUEST HOST EXCEPTION.
AND THAT IS FOOD, ENTERTAINMENT OR TRAVEL ACCEPTED AS A GUEST.
BUT, AND THIS IS A VERY IMPORTANT DISTINCTION, AND WE ALWAYS, WHEN WE GET THESE QUESTIONS, WE ALWAYS EMPHASIZE IT FOR SOMEONE ASKING THE GUEST MUST, UH, THE HOST MUST BE PRESENT WITH THE GUEST WHEN YOU ARE ACCEPTING AND ENGAGING IN WHATEVER THEY'VE GIVEN YOU.
SO IF, FOR EXAMPLE, IF IT IS TICKETS TO AN ASTRO GAME, THE THE TICKETS ARE NOT FOR YOU TO GO SEPARATELY.
YOU WOULD BE A GUEST OF THE INDIVIDUAL WHO PROVIDED THE TICKETS.
AND FINALLY, APART FROM THE STATE LAW REQUIREMENTS, WE ALSO HAVE PROVISIONS IN THE CITY CODE THAT APPLY TO ALL CITY OFFICIALS.
AND SO THAT'S GONNA BE ALL ELECTED CITY OFFICIALS AS WELL AS EXECUTIVE LEVEL EMPLOYEES.
AND MOST OF YOUR COUNCIL STAFF WILL LIKELY BE EXECUTIVE LEVEL EMPLOYEES, BUT IF THEY'RE NOT, THEN THEY'RE SUBJECT, SUBJECT TO SEPARATE STANDARDS OF CONDUCT THAT ALL CITY EMPLOYEES ARE, UH, SUBJECT TO IN CHAPTER 14 OF THE CODE.
AND THE, THE STANDARDS OF CONDUCT.
THEY'RE IN DIFFERENT PLACES, BUT THEY'RE PRETTY WELL INTERCHANGEABLE.
THEY'RE THE SAME TYPE OF THINGS.
AND VIOLATION IS A CLASS C MISDEMEANOR, AND IT, IT'S A LONG LAUNDRY LIST, WHICH I DIDN'T INCLUDE, BUT WE HAVE A LINK TO THE FULL
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LANGUAGE.BUT IT INCLUDES THINGS THAT, UM, LIKE, YOU KNOW, DON'T TRY TO GET SPECIAL TREATMENT, DON'T USE CITY EMPLOYEES FOR PRIVATE GAIN, DON'T ENGAGE IN BUSINESS OR PROFESSIONAL ACTIVITIES THAT MIGHT CONFLICT WITH THE DISCHARGE OF YOUR OFFICIAL DUTIES.
MANY OF THESE ITEMS REP, UH, ON THE LIST REPRESENT FACTS THAT MIGHT ALSO GO TOWARDS A VIOLATION OF THE OTHER PROVISIONS OF THE PENAL CODE YOU JUST DISCUSSED.
AND THEN FINALLY, I'LL QUICKLY GO THROUGH THE SECTION ON CONFLICTS OF INTEREST IN CITY CONTRACTS.
AND AGAIN, THERE'S AN ARRAY OF LAW AND POLICIES THAT APPLY IN THIS AREA.
WE'VE, I'VE TOUCHED ON THE MAJOR ONES IN THIS PRESENTATION, BUT THERE'S A FULLER LIST LISTED IN YOUR COUNCIL MEMBER ORIENTATION NOTEBOOK AS WELL AS ADMINISTRATIVE POLICY TWO DASH 22.
AND A COPY OF THAT IS IN YOUR ORIENTATION NOTEBOOK.
IT'S ALSO AVAILABLE ON THE CITY'S WEBSITE, AND THAT'S A POLICY THAT ALL CITY EMPLOYEES AND CITY OFFICIALS ARE SUBJECT TO.
SO FIRST WE START WITH OUR CITY CHARTER PROVISIONS.
SO THERE IS A CHARTER PROVISION THAT PROVIDES THAT NO MEMBER OF CITY COUNCIL SHALL HAVE ANY DIRECT OR INDIRECT PECUNIARY INTEREST IN ANY CONTRACT.
UH, LET BY THE CITY OR ANY WORK DONE BY THE CITY OR ANY MATTER WHERE IN THE RIGHTS OR LIABILITIES OF THE CITY ARE, MAY BE INVOLVED.
AND THE, UH, AND IF THAT'S THE CASE, IT'S THE CONTRACTOR WORK IS NULL AND VOID.
THERE'S NO WAIVER OR ANYTHING THAT, UM, THAT CAN RESOLVE THAT ISSUE.
UH, NO DISCLOSURE, IT'S SIMPLY NULL AND VOID.
NEXT SLIDE SEPARATELY FOR NON-CITY OFFICIALS.
SO WE HAVE FOR ANY CITY EMPLOYEES, SO THAT WOULD INCLUDE CO COUNCIL STAFF.
WE HAVE SECTION 15 DASH ONE OF THE CODE, AND THAT'S AN ATTEMPT TO PROVIDE SIMILAR REQUIREMENTS AS THE CITY CHARTER PROVISION FOR CITY OFFICIALS.
SO AGAIN, CITY CONTRACTS MAY NOT BE AWARDED TO CITY EMPLOYEES, AND CITY EMPLOYEES MAY NOT HAVE A DIRECT OR INDIRECT FINANCIAL INTEREST IN ANY CITY CONTRACT.
AND AGAIN, IF THAT'S THE CASE, THEN THE CONTRACT IS NULL.
THESE NEXT TWO LAWS ARE, ARE STATE LAW REQUIREMENTS AND THEY'RE DISCLOSURE REQUIREMENTS.
AND IN THE CASE OF CHAPTER 1 71, ABSTENTION AS WELL.
SO IF THERE IS A MATTER THAT'S COMING BEFORE CITY COUNCIL INVOLVING A BUSINESS ENTITY OR REAL PROPERTY, AND A COUNCIL MEMBER HAS A SUBSTANTIAL INTEREST IN IT, AND THAT'S DEFINED IN THE STATUTE, AND WE LIST A, A SMALL SUMMARY HERE ON THIS SLIDE, THEN THE COUNCIL MEMBER MUST FILE AN AFFIDAVIT WITH THE CITY SECRETARY'S OFFICE AND ABSTAIN FROM FURTHER PARTICIPATION IN THAT PARTICULAR MATTER.
WE, UH, THE CITY LEGAL DEPARTMENT HAS A, HAVE BLANK COPIES OF THE AFFIDAVIT.
SO IF YOU EVER THINK THAT THIS, UH, THIS LAW MIGHT APPLY TO AN UPCOMING AGENDA ITEM OR YOU WOULD LIKE ADVICE 'CAUSE YOU'RE NOT SURE, PLEASE CONTACT US.
WE CAN PROVIDE YOU THE AFFIDAVIT, WE CAN WALK YOU THROUGH THE PROVISIONS AND HELP GIVE ADVICE ON ADVICE ON WHETHER IT MAY BE APPLICABLE IN YOUR SITUATION.
THAT DOESN'T INVOLVE ABSTENTION, BUT IT IS A DISCLOSURE STATEMENT.
SO BASICALLY IT'S ANOTHER STATEMENT YOU FILL OUT, FILE THE CITY'S SECRETARY'S OFFICE.
IT'S POSTED ON THE CITY'S WEBSITE, AND YOU DO THAT IF YOU ARE FROM A VENDOR OR POTENTIAL VENDOR OF THE CITY, YOU'RE RECEIVING TAXABLE INCOME GREATER THAN $2,500 IN THE 12 MONTHS PERCEIVING IF YOU'VE RECEIVED ANY GIFTS OR IF YOU HAVE A FAMILY RELATIONSHIP WITH THE VENDOR.
AND I WANTED TO EMPHASIZE THE FAMILY RELATIONSHIP PART, YOU KNOW, SO, UH, OFTEN IF YOUR CHILDREN HAVE A SUMMER JOB, THAT DOLLAR LEVEL IS FAIRLY LOW, IT MAY COME INTO PLAY.
SO YOU NEED TO BE COGNIZANT OF WHEN THAT'S OCCURRING.
UH, THE WAY THE STATUTE IS, UH, IS WRITTEN THOUGH, THERE IS A SAFE HARBOR PROVISION THAT YOU'RE NOT IN VIOLATION OF THE LAW IF YOU DO THE FILING WITHIN SEVEN DAYS OF BEING NOTIFIED BY MY OFFICE.
BUT IT IS ALWAYS GOOD TO KEEP ON TOP OF THE, UH, IT WOULD BE PARENTS, CHILDREN, UH, I THINK IT'S JUST THE FIRST DEGREE, IF I REMEMBER CORRECTLY.
YES, FIRST DEGREE OF CONSE, GUITY OR AFFINITY.
SO THAT IS SPOUSE, PARENT, CHILD, STEPCHILD, FATHER OR MOTHER-IN-LAW, OR SON OR DAUGHTER-IN-LAW.
AND RECENTLY WE'VE GOTTEN SEVERAL QUESTIONS ABOUT QUIET PERIODS OR BLACKOUT PERIODS OR NO BENEFIT PERIODS.
AND SOMETIMES THAT WORDING IS USED INTERCHANGEABLY AND THERE'S A COUPLE OF DIFFERENT PROVISIONS IN, UH, CITY POLICY AND CITY LAW WHERE IT'S REFERENCED.
SO I THOUGHT I WOULD COMBINE THEM ALL IN ONE SLIDE AND
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WE CAN SORT OF COMPARE AND KIND OF UNDERSTAND THE DISTINCTIONS BETWEEN ALL THREE.SO THERE'S THE QUIET PERIOD THAT YOU MAY HAVE HEARD ABOUT.
THIS IS SOMETHING THAT IS NOT IN THE CITY CODE OR IS IN STATE LAW.
IT'S TYPICALLY CONTAINED IN THE PROCUREMENT TERMS. SO THE TERMS AND CONDITIONS OF THE REQUEST FOR PROPOSAL OR OTHER TYPE OF SOLICITATION.
AND THAT REQUIREMENT IS THAT RESPONDENTS TO A CITY PROPOSAL ARE PROHIBITED FROM COMMUNICATING WITH AN ELECTED CITY OFFICIAL, THEIR EMPLOYEES OR THEIR FAMILIES IN AN ATTEMPT TO INFLUENCE THE OUTCOME OF THE AWARD.
AND THAT STARTS WHEN THE SOLICITATION IS ISSUED AND ENDS THE DAY.
THE CITY SECRETARY PUBLISHES NOTICE OF THE ITEM ON THE COUNCIL AGENDA.
NOW, SEPARATELY, THERE'S SOMETHING CALLED THE NO BENEFIT CONTRACT AWARD PERIOD, WHICH APPEARS IN SECTION 18 DASH THREE OF THE CODE.
AND THAT'S WHERE WE TALKED ABOUT THE CITY STANDARDS OF CONDUCT.
SO THIS IS ONE OF THE STANDARDS OF CONDUCT.
SO THIS IS A, A PROHIBITION AGAINST RECEIPT OF A BENEFIT, AND THAT, YOU KNOW, CAN BE, UH, ANYTHING OF ANYTHING OF VALUE.
AND THAT'S DEFINED IN 18 DASH TWO.
AND YOU'RE PROHIBITED FROM SOLICITING, ACCEPTING OR AGREEING TO ACCEPT A BENEFIT FROM A CONTRACTOR OR SUBCONTRACTOR, BEGINNING WHEN THE CITY PUBLISHES A REQUEST FOR PROPOSALS OR BIDS AND ENDS ON THIRD, THE 30TH DAY AFTER THE COUNCIL VOTE.
SO IT'S STARTING AT THE SAME TIME AS THE QUIET PERIOD, BUT IT'S EXTENDING AFTER EITHER THE CONTRACT WAS VOTED UP OR DOWN 30 DAYS AFTER.
AND THEN FINALLY THERE'S THE CONTRIBUTION BLACKOUT PERIOD.
THIS IS FROM ARTICLE FOUR OF CHAPTER 18.
AND THESE ARE THE PROVISIONS RESTRICTING CAMPAIGN CONTRIBUTIONS.
SO AGAIN, A CITY OFFICIAL IS PROHIBITED FROM SOLICITING OR ACCEPTING A POLITICAL CONTRIBUTION DISTINCT FROM ANY OTHER TYPE OF BENEFIT FROM A CITY CONTRACTOR DURING A PERIOD BEGINNING WHEN COUNCIL, WHEN THE COUNCIL MEETING AGENDA IS POSTED FOR AWARD OF THE CONTRACT AND THEN ENDS ON THE 30TH DAY AFTER COUNCIL VOTE.
SO THIS IS A PERIOD, UM, THIS IS A BLACKOUT PERIOD THAT'S NOT TAKING PLACE REALLY DURING THE DISPOSITION OF THE SOLICITATION.
LIKE THE QUIET PERIOD IS, IT'S STARTING ONCE IT COMES UP ON THE COUNCIL AGENDA, AND AGAIN, IS ENDING THE 30TH DAY AFTER, AFTER THERE WAS A VOTE ON THE ITEM, WHETHER THE ITEM WAS APPROVED OR NOT.
THIS IS A REALLY GOOD ONE PAGER TO KEEP, UH, ON TOP OF.
AND, UH, AS YOU KNOW, YOU ARE, UH, YOU ARE OFTEN APPROACHED BY CONTRACTORS OR POTENTIAL CONTRACTORS THERE.
THEY CAN BE YOUR CONSTITUENTS, ALSO YOUR FRIENDS.
IT'S NOT A BAD THING TO ASK THEM, EVEN IF IT'S SOMEONE WHO DOESN'T KNOW YOU AND INTRODUCES THEMSELVES AS SOMEONE WHO DOES BUSINESS OR WANTS TO DO BUSINESS TO ASK THEM, IS THERE ANY CURRENT SOLICITATION OUT THERE THAT YOU HAVE SUBMITTED OR YOU INTEND TO SUBMIT? BECAUSE IT'S BEST TO STOP THEM BEFORE THEY TALK ABOUT THE CONTRACT.
OTHERWISE, SEVERAL PROBLEMS FLOW FROM THAT.
NEXT SLIDE, THESE FINAL TWO SLIDES, THIS IS JUST A SUMMARY OF ALL OF THE RELEVANT LAW THAT WAS JUST REFERENCED IN THE PRIOR PRESENTATION.
WE JUST PUT IT ALL IN ONE SLIDE WITH LINKS FOR EASY ACCESS.
AND AGAIN, AT THE BOTTOM THERE IS A LINK TO ADMINISTRATIVE POLICY TWO DASH 22.
YOU HAVE A COPY OF THAT IN THE ORIENTATION NOTEBOOK FOR COUNCIL MEMBERS.
BUT THAT'S A REALLY GREAT RESOURCE AS WELL BECAUSE IT IS SORT OF A FULL LAUNDRY LIST SUM SUMMARY OF, OF PRETTY MUCH ALL OF THE, THE LAWS THAT I REFERENCED TODAY AND, AND EVEN MORE.
AND TO THAT POINT, I JUST WANTED TO EMPHASIZE, YOU KNOW, WE TOUCHED ON SOME OF THE, THE MOST IMPORTANT ITEMS THAT I WAS ADVISED THAT, THAT YOU WOULD BE INTERESTED IN, BUT THERE ARE ADDITIONAL LAWS AND RULES, UH, THAT APPLY TO YOU AS A, AN ELECTED OFFICIAL, AND THERE'S INFORMATION ABOUT THEM THAT YOU MIGHT BE ABLE TO FIND IN YOUR COUNCIL MEMBER ORIENTATION NOTEBOOK.
AND ALSO WE'RE HAPPY TO ANSWER ANY QUESTIONS AS WELL.
YOU KNOW, THAT'S OUTSIDE EMPLOYMENT FOR COUNCIL STAFF PROVISIONS IN THE CONSTITUTION RELATED TO DUAL OFFICE HOLDING AND RESIGNED TO RUN.
THERE'S ALSO A PROVISION IN STATE LAW AND A COMPANION PROVISION IN THE CITY CODE ABOUT DISCLOSURE OF AN INTEREST OF PROPERTY IF, UM, THE CITY OR ANOTHER GOVERNMENTAL ENTITY BUYS PROPERTY OFF OF YOU.
UM, SAME THING WITH THE MAYOR'S GIFT POLICY AND ANNUAL FINANCIAL DISCLOSURES.
SO FINALLY, THANK YOU SO MUCH FOR YOUR PATIENCE AS I COVERED A LOT OF INFORMATION IN A SHORT PERIOD OF TIME.
AGAIN, AS ARTURO MENTIONED, THESE INQUIRIES ARE VERY FACTS SPECIFIC.
SO IF YOU HAVE A SPECIFIC SITUATION, I DO ENCOURAGE YOU TO REACH OUT TO US AND, AND WE'RE HAPPY TO, TO REVIEW IT WITH YOU.
AND, AND THERE IS A LOT OF INFORMATION, SO TO MY COLLEAGUES AND OF COURSE, UH, STAFF MEMBERS THAT ARE HERE.
UM, THE LAST, UH, SECOND TO THE LAST SLIDE, WHICH IS SLIDE 19.
[00:30:01]
THERE'S, THERE'S MORE THAT WE CAN TALK ABOUT AND DIVE DEEP INTO.SO PLEASE, UH, MAKE SURE THAT YOU, YOU KNOW, IF THERE'S A REQUEST FOR SPECIFIC LIKE COUNCIL DISTRICT SERVICE FUNDS, UH, WHAT DOES THAT LOOK LIKE? IT'S SOMETHING THAT WE'VE PROBABLY HAD FOR ABOUT SEVEN TO EIGHT YEARS, BUT THERE'S ALWAYS QUESTIONS ABOUT WHAT WE CAN, UH, UM, YOU KNOW, PROVIDE SOME OF THESE DOLLARS DISCRETIONARY DOLLARS TOWARDS.
AND SO, UM, I LOOK FORWARD TO HAVING MORE OF THESE TYPES OF MEETINGS TO MAKE SURE THAT WE'RE ALL WELL INFORMED, UH, BECAUSE IT IS A HIGH RESPONSIBILITY THAT WE HOLD AS, UH, ELECTED OFFICIALS AND OF COURSE, STAFF MEMBERS AS WELL IN, IN THESE SEATS.
UM, I, I DID WANT TO SPEAK JUST BRIEFLY TO THE, UH, QUIET PERIOD, UH, SLIDE 17, UH, BRIEFLY.
UM, IS, HAS IT BEEN A NORM TO HAVE A, A RUNNING LIST? UH, 'CAUSE I KNOW IT'S, YOU KNOW, WHEN, WHEN, UM, SOMEBODY IS COMING UP TO FOR, UH, A CONTRACT SOMETIMES WE MIGHT NOT KNOW.
I KNOW, YOU KNOW, YOU MENTIONED FOR US JUST KIND OF GIVE THAT, THAT, UH, THAT INITIAL, HEY, ARE YOU WILLING, ARE YOU, DO YOU HAVE A CONTRACT OR ARE YOU GONNA SUBMIT WORK FOR THE, FOR THE CITY? IS THERE A LIST THAT WE CAN ALSO KIND OF TAP ON OR, YOU KNOW, LOOK AT? YES, I I THINK PROCUREMENT CAN PROVIDE A LIST, YOU KNOW, OF THE ONES THAT ARE CURRENTLY OUT THERE.
UH, HOWEVER, PROCUREMENT IS NOT THE ONLY UNIT THAT, UH, DOES SOLICITATIONS.
YOU KNOW, THE AIRPORT DOES SOME ON ITS OWN.
SO THERE ARE A NUMBER OF THEM, AND IT'S, IT'S PRETTY LENGTHY IN TERMS OF AS YOU LOOK.
THAT'S WHY I SUGGESTED IT'S OFTEN BETTER TO JUST AS PART OF, YOU KNOW, HELLO HIGH.
ALSO ASK THEM IF THEY ARE, UH, YEAH, IF THERE'S ANY PENDING SOLICITATION BECAUSE, UH, I HAVE FOUND THAT A NUMBER OF PEOPLE WHO INTERACT WITH COUNSEL MAY WELL BE AWARE OF, UH, OF THE SOLICITATION THAT THEIR COMPANY INTENDS TO BID ON THAT, BUT THEY DON'T LOOK AT THE FINE PRINT AND THE QUIET PERIOD.
THAT PROHIBITION IS CONTAINED IN THE SOLICITATION ITSELF.
AND SO IT MAY NOT BE APPARENT TO SOMEONE, AND THEY MAY NOT BE AWARE THAT THIS APPLIES TO THEM, AND THEN THEY BEGIN TALKING TO YOU.
SO, UH, WE WILL LET ME TALK TO, UM, MR. GREENFIELD IN PROCUREMENT AND SEE IF THERE'S SOMETHING THAT THAT'S USER FRIENDLY THAT CAN BE PROVIDED THAT WOULD BE HELPFUL.
UM, I KNOW WE, WE RUN THROUGH AGENDAS AND THERE'S LIKE 40 ITEMS, 30 ITEMS, AND, YOU KNOW, JUST TO TRY TO KEEP TRACK OF ALL THOSE THAT ARE, UH, CONTRACTORS IS SOMETIMES CAN BE DIFFICULT.
BUT, UM, THE OTHER ONE, JUST ON THE WALKING QUORUM, UH, JUST TO CONFIRM STAFF WALKING THROUGHOUT THE FLOOR, TALKING ABOUT DIFFERENT AGENDA ITEMS, UM, THAT, THAT IS IN VIOLATION OF A WALKING QUORUM.
ARE YOU TALKING ABOUT DURING A, A MEETING OR JUST LIKE AN AGENDA? LIKE IF THERE'S AN AGENDA ITEM ON, ON THE BOOKS AND STAFF ARE WALKING TO SEE WHAT'S, WHAT'S, WHAT'S THE TEMPERATURE, RIGHT, OR ON THE, ON THE HORSESHOE, IT, I WOULD LIKE, IT CAN BE, I, DEPENDING ON IF IT SATISFIES THE REQUIREMENTS OF 1 43.
SO, YOU KNOW, IF A MEMBER IS ENGAGED IN SORT OF COMMUNICATIONS THAT WOULD ADD UP TO A QUORUM AND THEY KNOW THAT IT WOULD CONSTITUTE A DELIBERATION.
AND IF SOMEONE'S TAKING THE TEMPERATURE OF WHO'S VOTING UP OR DOWN IN AN ITEM, YOU KNOW, THAT ONE INDIVIDUAL CONVERSATION AND THEY'RE ADDING MORE AND THEY'RE ADDING MORE WITH ALSO THE UNDERSTANDING ON THE OTHER SIDE THAT THAT PERSON IS GOING TO GATHER EVERYONE ELSE'S, UH, INTENT ON THE ITEM, THEN THAT VERY MUCH COMES TO, IT'S THE TYPE OF, UM, THE TYPE OF CONDUCT THAT THAT PROVISION IS SEEKING TO PROHIBIT.
SO THEORETICALLY IT STAFF CAN BE INVOLVED.
I MEAN, THERE HAVE BEEN A CASE WHERE SOMEONE HAS BEEN CONSIDERED A CONSPIRATOR, EVEN THOUGH THIS WOULD ONLY APPLY TO ELECTED OFFICIALS.
I MEAN, THERE IS, YOU KNOW, THE COURTS HAVE LOOKED AT IT, THEY RECOGNIZE THAT YOU ARE ELECTED OFFICIALS, YOUR STAFF IS AN EXTENSION OF YOU.
YOU NEED TO FIND OUT INFORMATION, YOU HAVE TO HAVE THESE DISCUSSIONS THAT HAPPENS.
SO IT REALLY COMES DOWN TO WHETHER IT, THERE IS THIS LINKAGE WHERE PEOPLE ARE TRYING TO, UH, REACH A DECISION BEFORE, BEFORE THE MEETING.
AND THAT'S WHY IT, I THINK IT'S GOOD FOR PEOPLE IN THEIR CONVERSATIONS TO TALK ABOUT, MY COUNCIL MEMBER FEELS THIS, WE'D LIKE TO DO THIS.
AND AVOID REACHING ANY SORT OF, UH, EVEN TENTATIVE AGREEMENT THAT COULD, WHEN YOU LOOK AT THE WHOLE BODY OF THE, THE DISCUSSIONS COULD INVOLVE A QUORUM.
UM, SO WE HAVE QUESTIONS AND, UH, LET'S SEE.
SO, WE'LL, WELL, I'LL TAKE THE QUESTIONS AND, UH, THE FIRST PERSON I SEE ON THE, HIS, UH, COUNCILOR ALCORN THANK YOU CHAIR, AND THANK YOU FOR YOUR, UH, CHAIRMANSHIP AND RENEWING INTEREST IN ETHICS.
I THINK THIS IS SUPER IMPORTANT AND REALLY GLAD YOU'RE, YOU'RE PUTTING A LOT OF EMPHASIS ON THIS COMMITTEE.
I THINK THIS IS KNOWLEDGE THAT'S BEEN KIND OF LEFT OUT FOR A WHILE, SO I'M REALLY GRATEFUL FOR YOU.
I CALL TREY, USED TO TRACY ALREADY LEAVE TRACY CALABRESE.
I USED TO CALL HER LIKE ON THE REGULAR, YES, HE'S GONE.
OKAY, WELL NOW I'M CALLING YOU.
BUT SHE HAS TRAINED, I, I WALK AROUND IN A STATE OF PARANOIA AND ALL THIS STUFF, SO I, I I, I WOULD CALL TRACY ON THE REGULAR, BUT UH, YOU KNOW, I WOULDN'T EVEN ANSWER THE HAPPY BIRTHDAY GROUP TEXT WITH THE COUNCIL MEMBERS.
[00:35:01]
JUST STAY AWAY FROM THAT STUFF.BUT I REALLY APPRECIATE THE, THE CONVERSATION ABOUT STAFF, BECAUSE I'VE OFTEN HEARD, OH, WELL, I DIDN'T WALK AROUND, BUT STAFF WALKED AROUND AND, AND THAT'S EVEN MAYOR STAFF, I THINK, YOU KNOW, WALKING AROUND AND GETTING A TEMPERATURE ON VOTES.
I THINK THAT THAT'S IMPORTANT.
I'M A BIG BELIEVER IN THE DISCUSSIONS HAPPENING IN THE OPEN.
UM, WHILE I THINK INFORMATION IS GOOD TO HAVE, UM, YOU KNOW, CERTAINLY LIKE WHEN I SUBMIT A A PORT NOMINEE, I SUBMITTED THE RESUME, YOU KNOW, INFORMATION, THAT'S FINE, RIGHT? SUBMIT INFORMATION.
I'M NOT SAYING, YOU KNOW, FOR YOUR CONSIDERATION, I MEAN, THAT'S A REGULAR THING THAT EVERYBODY'S DONE WHEN THEY HAVE A NOMINATION, A COUNCIL NOMINATION IS THAT OKAY TO DO ON ITS OWN? BUT THERE IS SOMETHING TO BE CONCERNED ABOUT IF SOMEONE REPLIES ALL TO IT OR STARTS A SPLINTER CHAIN OR ANYTHING LIKE THAT.
AND I WOULD SAY THERE IS SOME CASE LAW OUT THERE WHERE THERE WAS A SCENARIO INVOLVING BEAR COUNTY, UH, LANDOWNERS ASSOCIATION AND ANOTHER TYPE OF ASSOCIATION WHERE THERE WAS A QUORUM OF A GOVERNMENTAL BODY THAT WAS AT ANOTHER MEETING OF A GOVERNMENTAL BODY.
AND ONE MEMBER OF THAT BODY STOOD UP AND SPOKE ON PUBLIC BUSINESS, AND NONE OF THE OTHER MEMBERS SPOKE.
THERE WASN'T AN EXCHANGE BETWEEN THEM, BUT THEY SPOKE OUT IN THIS MEETING AND IN THAT CASE, AND IN A CORRESPONDING AG OPINION, THEY FOUND THAT THAT WAS A VIOLATION OF THE ACT.
SO I THINK IT'S REALLY IMPORTANT, ANYTIME INFORMATION IS SHARED OUTSIDE OF A POSTED MEETING, YOU KNOW, SOME GOVERNMENTAL BODIES WILL INCLUDE, UM, DISCLAIMERS ABOUT, YOU KNOW, UM, NO REPLY ALL, OR THEY'LL CHOOSE TO PROVIDE THAT INFORMATION TO, TO SOMEONE ELSE.
I KNOW, UH, MARTA OFTEN DISTRIBUTES INFORMATION TO ANSWER INDIVIDUAL QUESTIONS TO COUNCIL STAFF.
SO THERE'S JUST, UM, OBVIOUSLY WE DON'T WANT TO DISRUPT THE FLOW OF INFORMATION THAT'S NECESSARY TO MAKE THE DECISIONS THAT COME BEFORE COUNCIL.
HOWEVER, THE WAY THE ACT IS STRUCTURED, UH, CAN BE VERY STRICT.
AND WE DO HAVE THIS CASE LAW OUT THERE.
SO I JUST WANTED TO MAKE EVERYONE AWARE OF THAT.
UM, AND THANK YOU FOR THIS PRESENTATION.
UM, LIKE COUNCIL MEMBER ALCO, I ALSO GET REALLY CONCERNED THAT ABOUT ALL OF THESE RULES AND MAKING SURE THAT WE'RE, UM, NOT VIOLATING ANYTHING.
AND CERTAIN THINGS I THINK ARE PRETTY CLEAR CUT.
YOU KNOW, WE SEND CERTAIN THINGS TO THE LEGAL DEPARTMENT AND THERE'S A CLEAR ANSWER ON THAT.
THE ONE FOR ME THAT I ALWAYS GET CONCERNED ABOUT IS THE WALKING QUORUM.
SO IF WE TALK TO A FEW OF OUR COLLEAGUES ABOUT AN ITEM, AND IF I WERE TO SAY, BUT PLEASE DON'T SHARE THIS WITH ANYONE ELSE SO THAT WE DON'T VIOLATE SOMETHING AND THEN THEY DO ANYWAY, I WOULDN'T BE, UM, IN TROUBLE FOR SOMETHING THAT, YOU KNOW, BECAUSE I DIDN'T KNOW THAT THEY WERE GOING TO TALK TO OTHER PEOPLE.
IT'S ONLY IF I KNEW THAT THAT WAS GOING TO HAPPEN.
IS THAT, DO I HAVE THAT RIGHT? WELL, AS ARTURO MENTIONED, THERE, THERE IS THAT MEN'S REA REQUIREMENT, SO YOU HAVE TO KNOW AT THE TIME YOU ENGAGED IN THE COMMUNICATION.
SO ESPECIALLY IF YOU'RE EXPRESS, IF YOU'VE PROVIDED EXPRESS INFORMATION TO THE, TO THE CONTRARY, THAT CAN GO FORWARD.
AND, YOU KNOW, IF THERE, UM, IF IT'S BEING INVESTIGATED, YOU KNOW, THAT CAN GO FORWARD AS, AS EVIDENCE THAT THAT WOULD NEGATE ANY TYPE OF MENS REA IN THIS, IN THIS PARTICULAR SITUATION, BECAUSE IT IS A REQUIREMENT THAT YOU DO HAVE TO KNOW AT THE TIME THAT YOU ENGAGE IN THE COMMUNICATION THAT THIS IS GOING TO INVOLVE.
THIS IS GOING TO INVOLVE A SERIES OF COMMUNICATIONS THAT WILL BE A QUORUM, AND THAT IT IS GONNA BE A DELIBERATION ON AN ITEM OF CITY BUSINESS.
THANK YOU FOR THIS, UH, WONDERFUL PRESENTATION.
UM, NUMBER OF QUESTIONS IF WE COULD GO TO SLIDE FIVE, UH, REGARDING THE OPEN MEETINGS ACT.
AND SO SECOND, THIRD BULLET POINT ACTUALLY SAYS, UH, TALKS ABOUT, UH, THE CRIME OF UNAUTHORIZED CLOSED MEETING.
AND I BELIEVE, UH, BELOW YOU'VE GOT, CAN OCCUR ANYTIME THERE IS A DE DELIBERATION BETWEEN A QUORUM DURING WHICH CITY BUSINESS IS DISCUSSED.
IS, IS THE TERM DELIBERATION DEFINED? AND, AND IF NOT, WHAT, WHAT DOES IT MEAN TO YOU AND, UH, ARTURO? SO DELIBERATION IS DEFINED IN CHAPTER 5 51 OF THE TEXAS GOVERNMENT CODE, WHICH IS A HIGHLY DEFINED ACT.
SO THESE TERMS THAT WE'RE USING, DELIBERATION, MEETING, UH, QUORUM, THEY'RE ALL DEFINED IN, IN THE ACT.
AND SO DELIBERATION IS DEFINED IN THE ACT AS A WRITTEN OR VERBAL EXCHANGE BETWEEN A QUORUM OF A GOVERNMENTAL BODY OR BETWEEN A QUORUM AND ANOTHER PERSON CONCERNING
[00:40:01]
AN ISSUE WITHIN THE JURISDICTION OF THE GOVERNMENTAL BODY.SO, UH, SIMILAR TO A, A DISCUSSION? YES.
SO IT DOESN'T EVEN HAVE TO AMOUNT TO COUNTING VOTES, FOR INSTANCE.
IT'S MU IT'S MUCH BROADER THAN THAT.
SO IT'S WRITTEN OR VERBAL, AND IT'S JUST AN EXCHANGE CONCERNING AN ISSUE WITHIN THE JURISDICTION OF THE CITY.
SO, AND TO, TO COUNSEL, UH, MEMBER ALCORN'S POINT, THE, THE MERE SHARING OF INFORMATION, FOR INSTANCE, THE RESUME REGARDING THE NOMINEE, UH, SHARING OF INFORMATION WITH ANOTHER COUNCIL MEMBER.
IS THAT ALL RIGHT? DO YOU THINK? WELL, IN, IN LESS THAN A QUORUM, LESS LESS THAN A QUORUM.
SO YOU SEND AN EMAIL WITH, WITH, UH, THE RESUME? OH, YEAH.
TO, TO EACH SINGLE COUNCIL MEMBER.
ANY, DO YOU SEE ANY PROBLEM WITH THAT? SO A SINGLE MESSAGE BY LIKE ONE MEMBER TO LESS THAN A QUORUM, THAT ALONE DOESN'T, UM, EXCUSE ME, THAT ALONE DOESN'T SORT OF RISE TO THE LEVEL OF VIOLATION.
IN REGARDS TO, AND, AND YOU HAD SAID A GOOD WAY TO AVOID IS TO PUT, UH, PUT A NOTATION IN THERE.
PLEASE DO NOT HIT REPLY ALL, PLEASE DO NOT FURTHER SHARE WITH, UH, ANOTHER COUNCIL MEMBER.
AND, UM, YOU KNOW, OTHER GOVERNMENTAL BODIES WILL SORT OF ROUTINELY PUT THAT IN THEIR SIGNATURE LINE AS WELL, SO THAT THEY DON'T HAVE TO REMEMBER TO INCLUDE IT EVERY TIME.
AND, AND EVEN BEFORE THAT, SLIDE FIVE, UM, THE, THE NOTICE REQUIREMENTS 72 HOURS IN ADVANCE OF TIME PLACE, AND SUBJECT MATTER CLEARLY APPLIES TO COUNCIL MEETINGS AND COMMITTEE MEETINGS.
DOES IT, DOES IT ALSO APPLY TO MEETINGS, UH, BY TS GROUPS? YES, I BELIEVE, UH, TS ARE SUBJECT TO BOTH OPEN MEETINGS ACT AND PUBLIC INFORMATION ACT.
AND, AND WITH REGARD TO THE DISCLOSURE REQUIREMENTS, YOU KNOW, WHEN, UM, LET'S SAY SOMEONE GETS A CONTRACT AND THEY'RE RELATED TO A MEMBER OF THE TS BOARD, UH, DISCLOSURE FORM NEEDS TO BE FILLED OUT.
IS THAT CORRECT? MEANING OUR TS SUBJECT TO CHAPTER 1 71 OR CHAPTER 1 76 OF THE LOCAL GOVERNMENT CODE? WELL, I DON'T OFTEN ADVISE ON TS, BUT I BELIEVE THEY WOULD SATISFY THE DEFINITION OF A LOCAL PUBLIC OFFICER.
THEY ARE A SEPARATE AND DISTINCT GOVERNMENTAL BODY.
UM, SO, YOU KNOW, OBVIOUSLY THEY HAVE THEIR OWN COUNSEL THAT WOULD ADVISE 'EM ON THEIR ETHICAL REQUIREMENTS, BUT IT SEEMS LIKELY THAT THEY WOULD BE SUBJECT TO THAT.
BUT AGAIN, I DON'T USUALLY ADVISE ON TOURS, SO I JUST WANNA INCLUDE THAT CAVEAT.
COUNCIL MEMBER, UH, COUNCIL MEMBER DAVIS.
UM, THANK YOU FOR YOUR PRESENTATION.
I HAVE ONE, UH, ON SLIDE NUMBER SIX.
UH, MY QUESTION IS REGARDING THE, UH, COMMUNICATIONS, UH, TO PROHIBIT A SERIES OF COMMUNICATIONS, AS WE KNOW THAT IS THE LAW NOW HAS BEEN PASSED THAT IF, UH, THREE COUNCIL MEMBER AGREE ON AN ITEM TO BE PUT ON THE AGENDA, UM, THAT CONSTITUTES MEETING OR DISCUSSION AMONG THOSE COUNCIL MEMBERS, CORRECT? WELL, ARE YOU ASKING IF IN EVERY SCENARIO THAT THREE OR MORE SUBMIT AN ITEM, YOU KNOW, WOULD THAT CONSTITUTE A DISCUSSION? IT SEEMS THAT, YOU KNOW, THERE HAS TO BE SOME TOR TYPE OF CONSENSUS FOR THEM ALL TO SIGN ON.
SO IT PROBABLY WOULD, UH, THAT SUBMISSION WOULD LIKELY BE SORT OF EVIDENCE THAT THEY ARE, THIS IS CONSTITUTING DELIBERATION.
AND FOR THAT REASON, THAT'S WHY WE ADVISE THAT NO MORE THAN EIGHT COUNCIL MEMBERS SHOULD SIGN ON AND SUBMIT AN ITEM.
SO LESS THAN A QUORUM, UM, IS FINE, BUT NINE OR MORE SHOULD NOT, UH, DO A PROPER A SUBMISSION BECAUSE WE WANT TO AVOID THAT, THAT SITUATION.
LET ME, LET ME MAKE SURE I UNDERSTAND IT CLEARLY WHAT YOU EXPLAINED SEE ON FIVE, ON, UH, SLIDE NUMBER FIVE AT THE SECTION 5, 5, 1, 1 4 4 CAN OCCUR ANYTIME THERE IS DELIBERATION BETWEEN THE AL CITY COUNCIL DURING WHICH THE CITY BUSINESS IS DISCUSSED.
RIGHT? THEN WHEN YOU GO TO THE NEXT SLIDE ON 1 43, KNOWINGLY UNDER THE, UM, UNDER A ONE KNOWINGLY ENGAGES AT LEAST ONE COMMUNICATION AMONG A SERIES OF COMMUNICATION THAT EACH OCCUR OUTSIDE OF A MEETING AUTHORIZED BY THIS CHAPTER.
MY, MY CONCERN IS, DOES IT CLARIFY
[00:45:02]
RIGHT NOW, SINCE WE KNOW IF THREE COUNCIL MEMBERS AGREE ON AN AGENDA ITEM TO BE PUT ON THE AGENDA OR AN ITEM TO BE PUT ON THE AGENDA, DISCUSSION HAS BEEN MADE.WE'VE HAD FURTHER DISCUSSIONS AROUND THIS HORSESHOE ABOUT ITEMS THAT HAVE BEEN NOT PRESENTED TO OTHERS OR INFORMATION DISTRIBUTED OUT TO OTHERS IN REGARDING THAT PARTICULAR ITEM THAT THEY WANT TO PUT ON THE AGENDA, WHICH WOULD CONSTITUTE MEETING MORE THAN THREE PEOPLE.
WELL, THE, THE OPERATIVE PROVISION IN HERE IS THAT, THAT THEY KNEW AT THE TIME THAT THEY'RE ENGAGING IN THESE COMMUNICATIONS THAT THE FULL SERIES IS GOING TO ADD UP TO A QUORUM.
SO IF WE'RE TALKING ABOUT A DISTINCT ITEM THAT IS ONLY INVOLVED THE MINIMUM OF THREE FOR SUBMISSION, YOU HAVEN'T HIT A QUORUM.
AND IF, IF NO OTHER WERE INVOLVED, NOW THAT I CAN'T COVER EVERY FACT SCENARIO, IF THERE WERE OTHER COMMUNICATIONS WITHIN THAT SERIES THAT THE PERSON WHO ENGAGED IN ONE OF THOSE COMMUNICATIONS KNEW THAT THE FULL SERIES WAS ADDING UP TO A QUORUM, THEN IT COULD POTENTIALLY TRIGGER THIS PROVISION.
BUT IT IS IMPORTANT THAT THERE IS THAT MEN'S REA THAT YOU HAVE TO KNOW THAT THIS FULL SERIES IS GOING TO INVOLVE A QUORUM.
UH, MR. CHAIRMAN, IF I COULD PROVIDE A COUPLE EXAMPLES I THINK MIGHT GIVE, UH, PERHAPS A LITTLE MORE CLARITY.
THERE ARE A COUPLE CASES, ONE INVOLVING THE CITY OF SAN ANTONIO WHERE, UM, UH, GROUPS OF COUNCIL MEMBERS WENT INTO THE MAYOR'S OFFICE AND, AND OUT, AND THE COURT FOUND THAT THERE WAS A VIOLATION BECAUSE A QUORUM HAD DISCUSSED THE ISSUE, RIGHT? THEN THERE'S ANOTHER CASE THAT I HAD INVOLVEMENT WITH AS A PRIVATE PRACTICE ATTORNEY WITH HOUSTON ISD, WHEN DR. PAGE, WHO WAS ON THE BOARD STEPPED DOWN AT THE SAME ME, THEY ACCEPT, THEY, UM, APPOINTED HIS SUCCESSOR.
SO HE WAS NO LONGER SUBJECT TO THE HOLDOVER PROVISION, AND HE WAS APPOINTED THE SUPERINTENDENT OF HISD.
THERE WAS A LAWSUIT, UH, BECAUSE THE ALLEGATION WAS A QUORUM OF THE BOARD, MUST HAVE DISCUSSED THAT BEFOREHAND.
AND WHAT THE EVIDENCE SHOWS THAT THERE WERE A SERIES OF MEETINGS THAT, UH, IT'S, I THINK IT'S THE OLD STOFER HOTEL IN GREENWAY PLAZA THAT'S CURRENTLY THE, THE DOUBLETREE WHERE, UH, IT'S A NINE MEMBER BOARD.
UH, GROUPS OF, UH, TRUSTEES MET NEVER IN A QUORUM, BUT ULTIMATELY MORE THAN A QUORUM DISCUSSED IT.
UH, TEA FOUND THAT TO BE A VIOLATION OF THE, UM, OPEN MEETINGS ACT.
UH, IN THE LAWSUIT THAT WAS THE, THE DISTRICT COURT, THERE WERE FEDERAL CLAIMS OF EQUAL PROTECTION AND OTHER THINGS.
SO IT WAS A, IN FEDERAL COURT, THE FEDERAL COURT FOUND THAT THERE WAS NO VIOLATION OF THE OPEN MEETINGS ACT.
AND THAT WAS UPHELD BY THE FIFTH CIRCUIT.
AND THE MAIN BASIS WAS, IS THAT THERE WAS NO AGREEMENT AMONG EVEN THE QUORUM DISCUSSING IT, THAT THEY HAD REACHED A DECISION.
SO THESE ARE KIND OF OPPOSITE CASES.
THAT'S WHY THIS IS VERY FACT SPECIFIC.
SO AGAIN, I'M URGING PEOPLE IF THEY HAVE ANY CONCERN TO REACH OUT TO OUR GENERAL COUNSEL GROUP.
AND, AND JUST TO KIND OF, UH, PIGGYBACK ON THE PROP A CONVERSATION, UH, IT WAS DISCUSSED AROUND THE HORSESHOE, YOU KNOW, WHAT, WHAT IS THIS? IS THIS A PROCESS? AND I THINK TO AVOID SOME OF THIS, RIGHT, YOU HAVE THREE OR FOUR COUNCILORS THAT ARE SUBMITTING SOMETHING AND THEN SHARING IT WITH EVERYONE, YOU KNOW, THOSE ARE, THOSE ARE CHALLENGES THAT WE'RE GONNA START FACING.
AND I THINK HAVING THAT CONVERSATION AT A PROP A COMMITTEE IS MORE APPROPRIATE.
YOU KNOW, UH, MY TEAM'S BEEN HAVING CONVERSATIONS WITH, UH, COUNCILOR, UH, HUFFMAN, UH, WE'VE SUBMITTED SOME IDEAS AS AS TO HOW WE SHOULD, YOU KNOW, PROCEED WITH THIS PROCESS.
UM, I UNDERSTAND THAT, YOU KNOW, PER PROP A WE CAN, THREE COUNCILORS CAN SUBMIT SOMETHING ON THE AGENDA, BUT SHOULD THAT BE NOTIFIED TO EVERYONE OR SHOULD IT JUST BE SUBMITTED TO, TO THE, UH, TO THE ADMINISTRATION? AND SO, UH, WE'RE GONNA DEFINITELY HAVE THESE CONVERSATIONS GOING ON THROUGHOUT PROP A AND WHAT THAT LOOKS LIKE AS WELL.
YEAH, I I, I WOULD, I WOULD THINK SO.
'CAUSE I'M REFER BACK TO COUNCILMAN PECK AND ALCORN'S QUESTION CONCERNING THAT, BECAUSE, YOU KNOW, I DON'T, I DON'T, ESPECIALLY ON THE HALL THING 'CAUSE I DON'T WALK THE HALLS MUCH OR GOING TO PEOPLE'S OFFICE.
I JUST DON'T, BUT I JUST WANT TO MAKE SURE THAT WE ARE, WE'RE NOT VIOLATING ANYTHING.
AND, AND YEAH, WE WILL HAVE A LOT OF QUESTIONS ABOUT PROP AID.
IT SOUNDS LIKE WHAT I'M HEARING FROM LEGAL IS, YOU KNOW, DON'T GET MORE THAN EIGHT PEOPLE TO SIGN ON AND THEN SHUT YOUR PIE HOLE.
DON'T TALK ABOUT IT TO ANYBODY TILL IT HITS THE, TILL IT HITS THE AGENDA.
BUT WE'LL TALK ABOUT THAT IN, IN, IN PROP A MORE, I HOPE LEGAL WILL ATTEND THAT PROP, A COMMITTEE MEETING.
'CAUSE THIS STUFF WILL COME UP.
UM, I WANNA TALK, UH, WE'LL GO TO SLIDE 17 AGAIN.
IT LOOKS LIKE TWO CONFLICTING THINGS.
YOU'VE GOT THE QUIET PERIOD, WHICH STARTS WITH THE SOLICITATION, AND YOU'VE GOT THE BLACKOUT PERIOD, WHICH STARTS ON THE, WHEN THE AGENDA ITEMS POSTED.
[00:50:01]
SECRETARY'S WEBSITE, WHICH IS THE KEEPER OF THIS BLACKOUT PERIOD LIST THAT I REFER TO WHEN I'M USED TO MAKE CAMPAIGN CALLS, UM, I LOOK AT THAT LIST AND, YOU KNOW, I SEE THE LAST ONE'S FEBRUARY 21ST, SO WE'RE NOT RIGHT UP TO DATE ON THAT LIST.SO THEY, THEY LIST THE CONTRACTORS, BUT WE NEED TO GET UP TO DATE ON THAT BLACKOUT LIST.
BUT THAT'S JUST WHEN IT HITS THE, THE MEETING AGENDA, THE QUIET PERIODS, THE, THE DIFFERENT ONE.
I'M TRYING TO THINK, I CAN'T REMEMBER WHO ASKED FOR HOW WE WOULD GET THAT LIST, LIKE OF SOLICITATION ALL THE WAY THROUGH.
'CAUSE I MEAN, QUIET PERIOD, LIKE, IS KIND OF THE SAME.
I MEAN, IT SOUNDS LIKE THEY CAN STILL GIVE YOU MONEY IF IT'S JUST THEY'VE JUST SOLICITED, BUT THEY JUST CAN'T TALK TO YOU
UM, YOU KNOW, SO IS THERE A, IS THERE A CONFLICT THERE BETWEEN THE QUIET PERIOD AND THE CONTRIBUTION BLACKOUT? BECAUSE YOU'VE GOT TWO DIFFERENT TIMEFRAMES.
AS THE, UM, AS YOU CAN SEE FROM, FROM THIS PAGE, UH, UH, COLUMNS, UH, FIRST TWO COLUMNS BEGIN WHEN THE SOLICITATION HITS THE STREET.
AND IN THE THIRD ONE, IT DOESN'T HAPPEN UNTIL, YEAH, THERE'S THE POSTING OF IT.
SOMEBODY COULD SEND YOU A CHECK WHEN THEY'VE SOLICITED, YOU KNOW, IF THEY DON'T, IF YOU'RE NOT TALKING TO YOU OR WHATEVER.
BUT, BUT THEY CAN'T, BUT UNTIL IT HITS THE AGENDA.
WANTED TO MAKE SURE, AND AT DIFFERENT TIMES ALSO, UM, I ALSO HAVE A FEW QUESTIONS.
THIS WASN'T REALLY COVERED TODAY.
UM, FIRST OF ALL, ON THE, ON THE POSTING OF THE OPEN MEETINGS, DO, IS IT WEEKENDS OR IS IT JUST BUSINESS DAYS OR THE 72 HOURS? OH, THE, THE 72 HOURS.
IT, IT LITERALLY DOESN'T WEEKENDS.
THAT'S, I THOUGHT IT'S LITERALLY 72 HOURS.
UM, AND THEN, UH, UM, ON THE, THE ETHICS COMMISSION, THERE'S A WHOLE SEPARATE ETHICS COMMISSION.
AND IN 2020, I SENT A ME A MEMO TO MAYOR TURNER ABOUT SOME SPECIFIC, THE SPECIFIC ROLE OF THAT COMMISSION.
NOW WE DON'T HAVE TO COVER IT HERE.
I KNOW IT'S NOT REALLY ON THE AGENDA, BUT I WOULD LIKE SOME MORE INFORMATION IF THAT'S ACTIVE.
UM, IT'S BASICALLY ANYBODY CAN SUBMIT A COMPLAINT TO THE ETHICS COMMISSION, NOT THIS COMMITTEE, BUT THE, A SEPARATELY APPOINTED BOARD BY THE MAYOR, THE ETHICS COMMISSION.
THEY'RE ALSO SUPPOSED TO NOTIFY CANDIDATES WHEN THEY DON'T, UM, FILE A TIMELY FINANCIAL DISCLOSURE.
UM, THERE'S A LOT OF, OF SPELLED OUT RULES ABOUT THE ETHICS COMMISSION, AND I JUST, I FEEL LIKE WE NEVER HEAR ABOUT THE ETHICS COMMISSION.
IF, IF THAT'S SOMETHING WE NEED TO ENGAGE OR REENGAGE OR WHATEVER, I, I'D BE INTERESTED IN KNOWING THAT.
SO CAN ANYONE OPINE ON THAT? UH, LET ME, UH, LOOK, LOOK INTO THAT.
I'M NOT SURE WHERE, WHAT, HOW IT'S CONSTITUTED RIGHT NOW.
UH, JOSEPH HAYS, UH, UH, ASSISTANT CITY ATTORNEY, UM, THE DEFENSE COMMISSION STILL IS ACTIVE.
UM, MOST OF THEIR ROLES, UM, OVER THE YEARS HAS BEEN MOSTLY SULI BY OIG.
UM, SO THEY HANDLE, UM, A LOT OF THOSE INVESTIGATIONS.
UM, SO REALLY THEY ONLY COME UP IF A COMPLAINT IS ACTUALLY ISSUED DIRECTLY TO THE ETHICS COMMISSION.
AND THEN WE AND LEGAL COUNSEL, MYSELF AND RASHAD, UM, GARE, UM, WE REVIEW IT AND SEE IF IT, UM, IS AN ACTIVE, UM, UM, A LOT OF THOSE COMPLAINTS DON'T ACTUALLY FALL UNDER THEIR ROLE.
THEIR ROLE IS, UM, TO ONLY LOOK AT IMPROPRIETY UNDER 18 THREE.
UM, AND SO A LOT OF, UH, CITY EMPLOYEES DO NOT FALL UNDER 18 THREE.
THERE ARE MORE CIVIL SERVICE EMPLOYEES, AND SO THOSE WILL BE MOVED OVER, UM, TO HR OR, OR IG.
UM, AND THEN FINALLY, THEY DO STILL OVERSEE THE FINANCIAL DISCLOSURE, UM, UH, STATEMENT TO FILING.
UM, AND THEN WE ALSO IN LEGAL HANDLE THAT.
AND ONCE THE TIME PERIOD COMES UP, WHICH I BELIEVE IS THE END OF THIS MONTH, UM, THEY WILL START REACHING OUT TO PEOPLE WHO HAVE NOT, UH, TIMELY FILED YET.
YEAH, SO IT WAS APRIL 30TH, I BELIEVE.
SO EVERYBODY READY TO FILL THOSE THINGS OUT.
AND OF COURSE, NEXT PRESENTATION IS ABOUT BOARDS OF COMMISSIONS.
AND WE DEFINITELY WANT, YOU KNOW, WE RECEIVED THE, THAT, UH, COMMUNICATION COUNCILOR AORN, UM, ONCE WE FOUND OUT WHO WAS SERVING ON WHAT COMMITTEES.
AND SO WE DEFINITELY WANT TO, AGAIN, THERE'S, THERE'S A, I THINK THE ETHICS COM GOVERNANCE HASN'T REALLY BEEN UTILIZED AS MUCH AS IT SHOULD HAVE HISTORICALLY.
I COULD PROBABLY COUNT ON MY HAND HOW MANY TIMES IT'S MET, PROBABLY.
BUT WE DEFINITELY WANNA MAKE SURE THAT, THAT WE CONTINUE TO MEET AS, AS, UH, YOU KNOW, AS COUNCIL COLLEAGUES AND STAFF TO ENSURE THAT, UH, WE ARE UTMOST, YOU KNOW, INFORMED, KNOWLEDGEABLE ABOUT OUR ROLES, UH, AND RESPONSIBILITIES AS WELL.
SO MAYOR'S GIFT POLICY, LET ME JUST COMMENT THAT, UH, IT'D BE GREAT IF EVERYONE WERE FAMILIAR WITH THIS.
IT DOES NOT APPLY TO COUNCIL MEMBERS, BUT IT DOES APPLY TO COUNCIL STAFF REQUIRES ADVANCED APPROVAL, UH, BEFORE RECEIVING CERTAIN THINGS AND APPROVAL BY THE DIRECTOR, WHICH YOU MIGHT THINK IS, YOU KNOW, UH, DEPARTMENT DIRECTOR.
BUT IN THE CASE OF COUNCIL STAFF,
[00:55:01]
IT'S ACTUALLY THE COUNCIL MEMBER WHO QUALIFIES.I THINK WE'VE DISCUSSED THIS BEFORE, ARTURO OR SOMEONE, SOMEONE WITH YOUR STAFF.
ANYWAY, UH, TRAINING ON THAT WOULD BE HELPFUL.
UM, WONDERFUL SUMMARY OF, UH, WHAT'S PROHIBITED AND ALLOWED UNDER THE PENAL CODE.
BUT WOULD YOU AGREE WITH ME THAT JUST BECAUSE SOMETHING IS ALLOWED IN THE PENAL CODE DOESN'T MEAN THAT IT'S ETHICAL IN COMPLIANCE WITH, UH, CITY ORDINANCE OR OTHER ETHICAL, UH, RULES THAT MAY APPLY? THAT'S CORRECT.
18 THREE, WHEN YOU READ THAT, IS VERY BROAD LANGUAGE THAT TRIES TO AVOID EVEN THE SUSPICION OF, UH, ANY UNDUE INFLUENCE.
SO THERE ARE DIFFERENT LEVELS OF, UH, REGULATIONS THAT WE NEED TO COMPLY WITH.
SO STANDARDS OF CONDUCT, ONE OF THE BULLET POINTS IS NOT REVEALING CONFIDENTIAL INFORMATION THAT WE, WHAT WE, UH, COME INTO POSSESSION OF.
AND COULD, COULD YOU OR ARTURO GIVE US SOME EXAMPLES OF, UH, TYPES OF CONFIDENTIAL INFORMATION THAT WE'RE TALKING ABOUT HERE? LET'S SEE HERE.
UH, ESPECIALLY IN REGARDS TO, I KNOW A LOT OF ITEMS COME ACROSS YOUR DESK, UH, AND ARE ON THE AGENDA THAT ARE RELATED TO CONTRACTS IN CITY PROCUREMENT.
OFTENTIMES, UH, COUNCIL MEMBERS MAY ASK FOR ADDITIONAL INFORMATION, MAYBE ON THE, THE CONTRACT, ITSELF'S PARTICULAR, UH, EXHIBITS OR, UM, SPECIFIC INFORMATION REGARDING PRICING OR INFORMATION THAT THE COMPANY MAY CONSIDER TO BE PROPRIETARY IN ORDER TO MAKE A DECISION ON, ON THAT ITEM.
SO THAT'S AN EXAMPLE OF INFORMATION THAT YOU MAY HAVE IN YOUR CUSTODY THAT COULD BE PROTECTED UNDER THE PUBLIC INFORMATION ACT.
SO IT'S CONFIDENTIAL INFORMATION.
WE QUITE OFTEN HAVE TO WRITE TO THE ATTORNEY GENERAL'S OFFICE THROUGH THAT PROCESS.
UM, WHEN INFORMATION IS REQUESTED, THAT'S RELATED TO A THIRD PARTY'S PROPRIETARY INFORMATION, YOU KNOW, COMMERCIAL, FINANCIAL INFORMATION.
UM, IT'S ALSO POSSIBLE THAT YOU MAY COME INTO CUSTODY, UH, INFORMATION RELATED TO INDIVI INDIVIDUAL EMPLOYEES THAT, UH, MIGHT IMPLICATE COMMON LAW PRIVACY.
YOU MIGHT HAVE DETAILED INFORMATION ON YOUR OWN EMPLOYEES OR AN ISSUE RELATED TO OTHER CITY EMPLOYEES.
UM, ALSO YOU COULD COME INTO CONTACT WITH INFORMATION THAT MIGHT BE RELATED TO, UH, VARIOUS LAW ENFORCEMENT, UH, ISSUES DEPENDING ON THE, THE ISSUES THAT YOU'RE WORKING ON.
SO THERE IS A LOT OF INFORMATION THAT THAT IS STORED WITH THE CITY THAT IS SUBJECT TO AN ARRAY OF CONFIDENTIALITY STATUTES.
AND IN ADDITION TO ETHICS AND THE OTHER ISSUES THAT WE ADVISE ON, THE GENERAL COUNSEL SECTION ALSO ADVISES ON COMPLIANCE WITH THE PUBLIC INFORMATION ACT AND COMPLIANCE WITH STATUTES THAT GOVERN THE CONFIDENTIALITY OF INFORMATION.
SO WE CAN, WE CAN ALWAYS ADVISE AT THAT ON THAT AS WELL.
YOU HAVE A QUESTION? YOU GOOD? OKAY.
SO THAT, THAT, UH, THERE'S NO MORE COUNCIL MEMBERS IN THE QUEUE.
JUST WANT TO THANK, UH, DANIELLE AND, UH, ARTURO FOR BEING HERE.
UH, THERE'S, THERE'S A LOT OF INFORMATION.
UH, WE COVERED KIND OF THE TIP OF THE ICEBERG.
I I ALSO RECOGNIZE THAT WE HAVE SOME COLLEAGUES THAT ARE NOT HERE AND, AND THEIR STAFFS THAT ARE NOT HERE.
UM, YOU KNOW, MAKE SURE THAT WE, WE CAN KIND OF NUDGE 'EM A LITTLE BIT MORE TO ENSURE THAT, YOU KNOW, THAT THEY'RE BEING ENGAGED IN, IN THIS PARTICULAR COMMITTEE.
THERE'S, YOU KNOW, YOU CAN GET IN TROUBLE REAL QUICK.
AND SO, UH, JUST WANNA MAKE SURE THAT WE, WE CONTINUE TO ADVOCATE, UH, FOR THE WORK THAT WE NEED TO DO IN THE CITY.
BUT AT THE SAME TIME, JUST BE MINDFUL OF HOW WE, WE, OH, ACTUALLY GOT ONE MORE QUESTION.
ALRIGHT, UM, SLIDE 17, QUIET PERIOD VERSUS NO BENEFIT, UH, BLACKOUT.
THE SECOND COLUMN IS, UM, NO BENEFIT CONTRACT AWARD PERIOD.
AND THE THIRD IS CONTRIBUTION BLACKOUT PERIOD.
SO ACTUALLY IF I, IF I COULD HAVE A COUPLE QUESTIONS.
SO IN THE SECOND COLUMN, IT TALKS ABOUT, UH, THE PERIOD BEGINNING WHEN A PROPOSAL OR BID IS PUBLISHED THAT WOULD APPLY TO RFQ, UM, REQUEST FOR QUALIFICATIONS AND RFPS.
IS THAT RIGHT? THAT'S CORRECT.
SO THE SECOND COLUMN TALKS ABOUT ACCEPTING A BENEFIT, AND THE THIRD COLUMN TALKS ABOUT ACCEPTING A POLITICAL CONTRIBUTION.
IS A POLITICAL CONTRIBUTION CONSIDERED THE SAME AS A BENEFIT OR ARE THEY DIFFERENT? SO A BENEFIT FOR PURPOSES OF 18 DASH THREE E IS DEFINED IN 18 DASH TWO AND BUILT WITHIN THAT DEFINITION, IT EX ACCEPTS CERTAIN THINGS.
IT, IT ACTUALLY, IT EXPLICITLY DEFINES AS NOT A BENEFIT, THE EXCEPTIONS THAT ARE REFERRED TO IN 36 POINT 10 OF THE PENAL CODE.
AND THOSE EXCEPTIONS THAT WE WERE TALKING ABOUT ON THE PREVIOUS SLIDE, THAT WAS TALKING ABOUT THE
[01:00:01]
PENAL CODE PROVISION RE REGARDING PROHIBITED BENEFITS, I'M SORRY, REGARDING PROHIBITED GIFTS.SO ONE OF THOSE EXCEPTIONS IS POLITICAL CONTRIBUTIONS.
SO BY THE DEFINITION OF BENEFIT IN 18 DASH TWO, WHICH ONLY APPLIES TO THAT 18 DASH THREE A 10 POLITICAL CONTRIBUTION IS EXCLUDED.
BUT FOR THE PURPOSES OF 18 DASH 36, THAT IS EXPLICITLY FOR POLITICAL CONTRIBUTIONS.
SORRY, JUST ONE QUICK QUESTION ABOUT THE LOBBYING LIST.
I ABOUT THE, THE CITY SECRETARY KEEPS THE LIST OF PROHIBITED CONTRACTORS JUST, BUT IT'S JUST BASED ON THE AGENDA ITEMS, THE, THE LOBBYING LIST.
IF, IF WE HAVE A CONCERN ABOUT SOMEBODY WHO'S CONTACTING US ABOUT A SPECIFIC, UM, ISSUE, UM, WHO WE DON'T FIND ON THE LOBBYING LIST, WHAT, WHAT, WHAT IS OUR, WHAT DO WE DO? UH, UH, I THINK YOU SHOULD CONTACT OUR OFFICE.
I KNOW THAT THE MAYOR'S OFFICE IS, IS LOOKING AT THAT PORTION OF CHAPTER 18 TO MAKE IT, UM, REALLY MORE ROBUST AND, AND, YOU KNOW, MORE APPARENT TO PEOPLE BECAUSE THERE'S A CONCERN THAT THERE HAS NOT BEEN THE COMPLIANCE THAT'S EVEN REQUIRED UNDER THE CURRENT LANGUAGE.
I THINK IT'S A GREAT QUESTION.
UH, I KNOW THAT THERE'S BEEN SEVERAL TIMES FOLKS COME IN AND THE COMMUNITY MEMBERS, BUT THEY'RE ESSENTIALLY LOBBYING FOR A, A CONTRACT.
AND SO WE JUST WANNA MAKE SURE THAT, THAT THOSE FOLKS ARE ALSO BEING HELD TO THOSE STANDARDS AS WELL.
SO, UM, AND, AND JUST, UH, JUST NOTE THAT, YOU KNOW, FOLKS ON MY TEAM ARE TAKING NOTES.
UM, THERE'S SOUNDS LIKE THERE'S ADDITIONAL QUESTIONS AND WE DEFINITELY WANNA, UH, DRILL DOWN MORE WITHIN THE CODE OF ETHICS AS WELL.
AND SO, UH, WE'LL HAVE, UH, FUTURE, UH, COMMITTEE MEETINGS WHERE, WHERE WE CAN, UH, TALK ABOUT THOSE AS WELL.
WHAT THIS IS, EVERYBODY WANTS TO TALK ABOUT THIS.
COUNCILOR CARTER? NO, I JUST WANT TO ADD, UM, YOU KNOW, THE INFORMATION WAS SENT OUT TO THE ENTIRE EVERYONE'S STAFF, SO GOOD IDEA MAYBE TO GET WITH YOUR STAFF, REVIEW IT AND COME BACK WITH QUESTIONS BECAUSE OBVIOUSLY, YOU KNOW, THE DISTINCT, UH, DIS UH, DISTINGUISHING BETWEEN COUNCIL MEMBER AND STAFF MEMBER AND THAT.
BUT, UH, THANK YOU FOR SENDING IT OUT.
YOU DID A GREAT JOB WITH YOUR PRESENTATION AND NARROWED IT DOWN.
WE'VE TAKEN A LONG TIME TALKING ABOUT IT, BUT YOU, YOU DID A GREAT JOB.
UH, THANK YOU AGAIN, DANIELLE.
UH, NOW I'LL TURN IT OVER TO MS. ODEGAARD FOR AN OVERVIEW OF THE BOARDS AND COMMISSIONS.
IF YOU PLEASE, UH, INTRODUCE YOURSELF, UH, FOR THE RECORD AS WELL AS ANY MEMBERS OF YOUR TEAM.
I THINK YOU'RE ONE WOMAN SHOT PROBABLY TOO.
RIGHT? UM, AND THEN, UH, IF COUNCIL MEMBERS AND STAFF CAN HOLD THEIR QUESTIONS, UH, TILL AFTER THE PRESENTATION.
GOOD MORNING, COUNCIL MEMBERS.
I'M THE DEPUTY CHIEF OF STAFF TO MAYOR WHITMEYER.
UH, WANTED TO SAY THANK YOU TO CHAIR MARTINEZ AND VICE CHAIR CARTER FOR HOSTING THIS COUNCIL MEMBERS AND STAFF.
UH, I'M NOT HERE TO GIVE THE PRESENTATION.
I'M HERE TO HELP SET THE STAGE.
UH, ONE OF THE THINGS THAT WE HAVE BEEN DOING AS WE TOOK OFFICE WAS MAKING SURE THAT WE LEARN AND LEARN AS QUICKLY AND AS FAST AS POSSIBLE.
THAT INCLUDES ALL THINGS, UH, THAT THE MAYOR'S OFFICE OVERSEAS, WHICH INCLUDES SPORTS AND COMMISSIONS.
UM, THE POINT BEING, WE ARE STILL IN THE LEARNING PROCESS.
SO THIS PRESENTATION IS GONNA BE A HIGH LEVEL OVERVIEW.
UH, WE'RE GONNA TRY AND ANSWER AS MANY QUESTIONS AS WE CAN WITH AS MUCH SPECIFICITY AS POSSIBLE.
WE ARE ASKING DANIELLE, WHO IS OUR WONDERFUL, TRUSTED ATTORNEY, UH, TO HANG OUT HERE AS WELL, JUST TO MAKE SURE THAT WE CAN, IF THERE ARE ANY SPECIFIC QUESTIONS AROUND NUANCE TO THE BOARDS OR COMMISSIONS, UH, THAT WE CAN EITHER ANSWER IT IF WE CAN, OR TAKE NOTES AND COME BACK WITH THOSE RESPONSES TO Y'ALL.
UH, BUT BASICALLY, WHEN WE WANNA BE AS RESPONSIBLE AS POSSIBLE, THE THING COUPLE THINGS THAT I WANT TO DO FIRST IS THAT TECHNOLOGY IS NOT ALWAYS CORRECT.
WE HAVE A PLATFORM THAT STORES ALL THE BOARDS AND COMMISSIONS INFORMATION.
UH, BUT JUST AS ANY PIECE OF TECHNOLOGY, IT CAN ONLY BE AS GOOD AS THE FOLKS WHO INTERACT WITH IT.
THERE HAVE BEEN PREVIOUS BOARDS AND COMMISSION HEADS THAT ARE WONDERFUL, UM, BUT I AM NOTORIOUS FOR FAT FINGERING MY PHONE.
SO STUFF LIKE THAT CAN HAPPEN.
SO SOMETIMES WE HAVE TO MAKE SURE AND DOUBLE CHECK OUR DATABASES TO MAKE SURE THE INFORMATION IS CORRECT.
UM, THE OTHER THING THAT IS REALLY IMPORTANT TO REMEMBER IS THAT NOT ALL THERE IS
NO BOARDS OR COMMISSIONS ARE THE SAME.
EVEN WHEN WE TALK ABOUT THINGS LIKE T AS OR REDEVELOPMENT AUTHORITIES, THEY'RE ALL UNIQUE AND SINGULAR AND THERE ARE NUANCES TO THEM THAT WE CAN EXPECT.
SO PLEASE TRY NOT TO ASSUME AS YOU LEARN ABOUT THESE THINGS, THAT THEY ARE THE SAME.
UM, WE ALWAYS MAKE SURE THAT SCOUT IS AVAILABLE AS WELL AS ANYBODY FROM THE LEGAL TEAM.
AND WE CAN ALWAYS ANSWER QUESTIONS.
I KNOW SCOUT AND THE LEGAL DEPARTMENT CONVERSE DAILY.
UM, SO AGAIN, THIS WILL BE SORT OF A HIGH LEVEL GRASS COPS LOOK AT WHAT BOARDS AND COMMISSIONS ARE.
AND THEN, UH, WANNA SAY THANK YOU FOR YOUR TIME AND YOUR PATIENCE.
THANKS FOR LETTING ME SORT OF JUMP IN AND, UH, SET THE STAGE.
AND THEN FINALLY, AS A LAST ACT OF CHAOS, UH, I, WHICH I LIVE IN, I WANNA WISH SCOUT A HAPPY BIRTHDAY.
[01:05:01]
DO YOUR FIRST PRESENTATION,SO, UM, COUNCIL MEMBER, YOU MENTIONED THAT YOU THOUGHT I WAS A ONE WOMAN SHOP.
I'M VERY LUCKY TO HAVE JACKIE, UM, LESER KIMLEY, WHO'S BEEN AT THE CITY FOR A VERY LONG TIME, UM, AS A TRUSTED STAFFER, AND SHE'S HELPING ME RUN THINGS IN THE BACK.
SO I WAS GONNA ASK JACKIE IF YOU CAN MAKE THE PRESENTATION FULL SCREEN, UM, JUST TO HELP EVERYBODY WITH VISIBILITY.
UM, BUT AS STEVEN SAID, AND AS I'VE SAID, MY NAME IS SCOUT ODEGAARD.
I'M MAYOR WHITMEYER, SENIOR ADVISOR FOR BOARDS AND COMMISSIONS.
UM, AND LIKE THE MAYOR AND MOST OF US ON HIS STAFF, I STARTED JANUARY 2ND.
UM, AND I'M HAPPY TO TAKE Y'ALL'S QUESTIONS AT THE END.
SO WE'LL MOVE ON TO THE NEXT SLIDE.
WE'RE GONNA START WITH AN OVERVIEW OF THE TYPES OF BOARDS.
THESE ARE DISCRETIONARY CATEGORIES THAT I'VE DEVELOPED TO HELP ME IN MY WORKFLOW AND WHEN I'M SPEAKING WITH THE PUBLIC AND WITH YOUR OFFICES ABOUT WHAT TYPES OF BOARDS WE HAVE.
SO FIRST UP, IN NO PARTICULAR ORDER, WE HAVE ARTS, RECREATION, AND CULTURAL AFFAIRS.
THESE ARE BOARDS LIKE THE, UH, THE HISTORIC PRESERVATION APPEALS BOARD, THE HOUSTON ZOO, HOUSTON CIVIC EVENTS, THOSE TYPES OF THINGS.
AND I'VE SPLIT THIS INTO THREE FURTHER CATEGORIES.
SO WE HAVE MAYOR'S ADVISORY BOARDS LIKE THE ASIAN AMERICAN AND PACIFIC ISLANDERS ADVISORY BOARD, DEPARTMENTAL OR ORGANIZATIONAL ADVISORY BOARDS LIKE THE HOUSTON PERMIT CENTER ADVISORY BOARD, AND THEN POLICY OR ISSUE-BASED ADVISORY BOARDS, FOR EXAMPLE, THE HOUSTON CLEAN CITY COMMISSION WHO SPOKE AT COUNCIL A COUPLE WEEKS AGO.
UM, THEN WE HAVE ECONOMIC AND COMMUNITY DEVELOPMENT TYPE BOARDS.
THESE ARE WHERE YOU'D FIND YOUR TSS AND THEIR CORRESPONDING RDAS MANAGEMENT DISTRICTS, IMPROVEMENT DISTRICTS AND THE LIKES, UM, IN THIS SAME CATEGORY.
I'LL ALSO SAY WE KIND OF HAVE SOME MISCELLANEOUS BOARDS THAT FIT HERE.
UM, FOR EXAMPLE, PLANNING COMMISSION.
I MEAN, THEY ARE AN ECONOMIC DRIVER, BUT THEY MAY ALSO FIT INTO SOME OTHER OF THESE CATEGORIES, BUT THAT'S WHY I SAW THAT THEY FIT BEST.
UM, NEXT IS GOVERNMENT OVERSIGHT AND REGULATORY ISSUES.
UM, THIS ONE IS WHERE THE ETHICS COMMISSION WOULD PROBABLY FALL UNDER THAT YOU GUYS WERE SPEAKING ABOUT IN DURING THE LAST PRESENTATION.
UM, BUT WE HAVE THREE DIFFERENT CATEGORIES OF THESE AS WELL.
SO WE'VE GOT DEPARTMENT AND ORGANIZATIONAL OVERSIGHT BOARDS OR COMMISSIONS LIKE THE CONTRACT COMPLIANCE COMMISSION, CIVIL SERVICE ISSUES.
SO FOR EXAMPLE, THE DEFERRED COMPENSATION, COMPENSATION ADVISORY COMMITTEE, AND THEN SPECIALIZED REGULATORY ISSUES.
AND THESE ARE WHERE SOME OF THE MORE, UH, AMBIGUOUS BOARDS ARE.
I'VE JUST LEARNED ABOUT THE HELICOPTER FACILITIES LICENSING AND APPEALS BOARDS.
UM, SO THOSE ARE, THOSE ARE REALLY SPECIALIZED TYPE BOARDS THAT CAN HELP MAKE DECISIONS ON SPECIALIZED ISSUES.
AND THEN LAST, BUT CERTAINLY NOT LEAST, WE HAVE PUBLIC SAFETY BOARDS AND COMMISSIONS.
FOR EXAMPLE, THE HOUSTON FORENSIC SCIENCE CENTER.
OKAY, SO AN OVERVIEW OF MY POSITION IN MY OFFICE.
THERE ARE AROUND 164 PUBLIC BOARDS AND COMMISSIONS, WHICH TOTALS TO JUST OVER 2000 INDIVIDUAL APPOINTEES THAT THE CITY OF HOUSTON MAYOR COUNCIL HAVE SOME ROLE IN APPOINTING.
SO AS YOU CAN IMAGINE, IT'S A LOT OF PEOPLE TO KEEP UP WITH.
BOARDS AND COMMISSIONS ARE OPPORTUNITIES FOR HOUSTON RESIDENTS TO GET ENGAGED WITH LOCAL GOVERNMENT AND SERVE THEIR COMMUNITIES BY SETTING POLICY, SETTLING DISPUTES, FUNDRAISING, THOSE TYPES OF THINGS.
UM, I WOULD ALSO LIKE TO TAKE THIS SLIDE TO TALK ABOUT A LITTLE BIT WHAT STEVEN MENTIONED ABOUT GRANICUS.
IF YOU ARE ON OUR WEBSITE, HOUSTON GOV.GOV, UM, AND SLASH BOARDS AND COMMISSIONS, THAT'S WHAT YOU'LL SEE IS OUR SYSTEM ON GRANICUS AND ON THERE, IT'S A GREAT TOOL, UM, FOR YOUR OFFICE.
I USE IT EVERY SINGLE DAY FOR YOUR CONSTITUENTS.
FUNNEL THEM THERE WHERE THEY CAN SEE A LIST OF ALL OF THE BOARDS, THEIR, UM, QUALIFICATIONS, HOW MANY VACANCIES THEY HAVE, THAT KIND OF THING.
ANYBODY THAT I TALK TO ABOUT BOARDS AND COMMISSIONS, THAT IS THE FIRST PLACE I DIRECT THEM.
UM, ON THERE, THERE'S ABOUT 152 VACANCIES AT THE MOMENT.
HOWEVER, THIS NUMBER ISN'T A FULL PICTURE FOR SEVERAL REASONS.
UM, PRIMARILY, FOR EXAMPLE, SOME OF THE MAYOR'S ADVISORY BOARDS HAVE 30 TO 40 POSITIONS.
AND I HAVEN'T SPOKEN WITH THE MAYOR ABOUT HIS PLAN FOR ANY OF THESE ADVISORY BOARDS.
AND SOME OF THEM MIGHT HAVE 10 OR 15 VACANCIES, BUT I'M UNSURE IF WE'RE KEEPING THOSE 10 OR 15 SPOTS OR WHAT THE PLAN FOR THAT IS.
UM, IT'S PERSONALLY MANAGED BY MYSELF, BY JACKIE, WHO'S GREAT.
UM, AND THEN OCCASIONALLY WHEN WE HAVE INTERNS.
SO WE'RE DOING OUR BEST TO KEEP THAT INFORMATION AS UPTODATE AS POSSIBLE.
UM, A LOT OF THE TIMES MANAGEMENT DISTRICTS AND URGS WILL HAVE IMPERFECT INFORMATION.
UM, SO WE WORK WITH THEM AS FREQUENTLY AS POSSIBLE TO GET UPDATED INFORMATION, BUT SOMETIMES WE JUST MISS IT.
UM, SO THAT MIGHT ALSO BE A CAUSE FOR ISSUE ON OUR SERVICE.
UM, BUT WE DO OUR BEST, LIKE I SAID, TO UPDATE THOSE AS WE GO.
AND A LOT OF THE TIMES, THE REASON I'M REACHING OUT TO LEGAL IS I SEE SOMETHING ON THERE THAT DOESN'T SEEM QUITE RIGHT.
SO I GO READ THE STATUTE AND THEN CONFIRM WITH LEGAL WHAT
[01:10:01]
THE ACTUAL ANSWER IS.NOW INTO THE MEAT OF THE PRESENTATION, WHAT ARE THE APPOINTMENT TYPES? SO FIRST STEP IS MAYOR ALL APPOINTMENTS.
THESE ARE APPOINTMENTS THAT ARE EFFECTIVE AS SOON AS THE MAYOR SIGNS THE OFFICIAL LETTER.
UM, AND THEN WE JUST COMMUNICATE THAT BOTH TO CITY COUNCIL AND THEN ALSO TO THE ORGANIZATION THAT THE PEOPLE ARE SERVING WITH.
NEXT STEP IS MAYOR NOMINATIONS.
THESE ARE PROBABLY THE MOST COMMON ONES THAT THOSE OF YOU WHO HAVE BEEN HERE FOR A WHILE HAVE SEEN.
UM, WE JUST DID METRO RECENTLY.
THE COASTAL WATER AUTHORITY IS ANOTHER GREAT EXAMPLE.
THEN WE HAVE COUNCIL NOMINATED, COUNCIL CONFIRMED POSITIONS WHERE, UM, MY OFFICE WILL SUBMIT A FORMAL MEMO REQUESTING A DATE FOR COUNCIL NOMINATIONS TO, UH, TO START.
AND THEN AT YOUR WEDNESDAY SESSION, YOU GUYS WILL THEN DO ACTUAL NOMINATIONS.
UM, FOR EXAMPLE, THE HOUSTON LAND BANK HAS SOME POSITIONS LIKE THIS.
THEN WE HAVE WHERE THE INDIVIDUAL BOARD OR COMMISSION HAS A NOMINATING PROCESS.
AND THERE'S REALLY TWO TYPES OF THESE.
THERE'S A FORMAL, UM, OPPORTUNITY, AND THEN SOME OF THEM HAVE INFORMAL PROCESSES.
SO FOR EXAMPLE, MANAGEMENT DISTRICTS, IN MOST, NOT ALL, BUT IN MOST OF THEIR ORIGINATING LEG LEGISLATION OR ORDINANCES, THE MANAGEMENT DISTRICT IS THE PERSON OR THE ORGANIZATION THAT IS RESPONSIBLE FOR IDENTIFYING CANDIDATES AND THEN RECOMMENDING THOSE TO THE MAYOR AND COUNCIL FOR NOMINATION.
SEVERAL OTHER BOARDS, LIKE THE COMMISSION ON DISABILITIES, FOR EXAMPLE, HAS AN INFORMAL PROCESS WHERE THEY HAVE REALLY SPECIFIC NEEDS FOR THEIR BOARD.
SO THEIR BOARD WILL H WILL HOLD, UM, A CANDIDATE CULTIVATION PROCESS AND THEN MAKE AN INFORMAL RECOMMENDATION TO MY OFFICE.
AND WE'LL START THERE AND KIND OF FUNNEL THOSE PEOPLE INTO OUR, UM, CANDIDATE PRO PROCESS.
SO THEN WE HAVE JOINT APPOINTMENTS.
THESE ARE FEW AND FAR BETWEEN, AND MOSTLY ARE OF CHAIRS OF BOARDS AND COMMISSIONS WHERE CITY HU, CITY OF HOUSTON AND HARRIS COUNTY SHARE APPOINTMENT AUTHORITY.
UM, SO FOR EXAMPLE, THE HARRIS COUNTY HOUSTON SPORTS AUTHORITY CHAIRPERSON IS JOINTLY APPOINTED BY CITY COUNCIL AND BY HARRIS COUNTY.
AND THEN FINALLY WE HAVE BOARDS WHERE ANOTHER ENTITY WHO'S PARTICIPATING ON THE BOARD HAS AN APPOINTMENT AUTHORITY THERE.
AND THOSE MOST OF THE TIME DO STILL COME THROUGH MY OFFICE TO THE MAYOR, THEN TO CITY COUNCIL.
UM, BUT A LOT OF THESE, UM, ARE ON MOST OF THE TIME TS THAT KIND OF THING, WHERE A SCHOOL DISTRICT OR SOME OTHER ENTITY THAT IS PARTICIPATING IN THE INCREMENT AND THE TS HAS AN OPPORTUNITY TO APPOINT ONE, MAYBE TWO PEOPLE.
SO THIS IS PROBABLY THE INFORMATION THAT Y'ALL ARE MOST INTERESTED IN.
WHAT, WHAT BOARD POSITIONS ARE COUNCIL NOMINATED AND COUNCIL CONFIRMED.
THERE ARE EIGHT BOARD ABOUT OUT OF THE A HUNDRED AND SOME ODD THAT HAVE COUNCIL NOMINATED, COUNCIL CONFIRMED POSITIONS, IT'S ABOUT 17 POSITIONS IN TOTAL.
UM, AND SEVERAL OF THESE HAVE REALLY SPECIALIZED QUALIFICATIONS THAT I'M MORE THAN HAPPY TO WORK WITH YOUR OFFICE ON IDENTIFYING QUALIFIED CANDIDATES FOR THAT.
SO, FOR EXAMPLE, THE ANIMAL SHELTER ADVISORY COMMITTEE HAS ONE POSITION THAT IS DEDICATED TO A VETERINARIAN.
SO I'M MORE THAN HAPPY TO HELP YOU.
I MEAN, MAYBE YOU GUYS KNOW SOME GREAT VETERINARIANS, UM, BUT I'M MORE THAN HAPPY TO HELP YOU IDENTIFY QUALIFIED CANDIDATES.
THE ETHICS COMMISSION THAT Y'ALL WERE TALKING ABOUT PREVIOUSLY HAS QUITE A FEW POSITIONS THAT ARE COUNCIL MEMBER NOMINATED IN, COUNCIL MEMBER CONFIRMED.
HOWEVER, ABOUT HALF OF THOSE POSITIONS COME FROM LIKE THE HOUSTON BAR ASSOCIATION.
UM, AND THOSE PEOPLE HAVE A DESIGNATED SEAT ON THE BOARD.
WHAT ARE THE BASIC REQUIREMENTS TO SERVE ON A BOARD OR COMMISSION FOR WHEN YOU GUYS ARE SPEAKING WITH YOUR, UM, CONSTITUENTS? FIRST, UM, WE WANT INDIVIDUALS TO BE ENTHUSIASTIC AND PASSIONATE ABOUT SERVING.
UM, WE DON'T WANNA PLACE THEM SOMEWHERE WHERE THEY'RE PRETTY LACKLUSTER ABOUT THE MISSION OF A BOARD.
SOMETHING ELSE THAT I'LL ASK YOU TO COMMUNICATE TO INDIVIDUALS THAT YOU'RE SPEAKING ABOUT SERVICE TO IS TELL THEM IT'S A HEFTY COMMITMENT.
WE WANNA ASK THEM TO ATTEND AT LEAST 80% OF BOARD MEETINGS AND OTHER BOARD EVENTS.
UM, I DON'T THINK IT REFLECTS PARTICULARLY WELL ON MY OFFICE ON THE MAYOR OR ON A COUNCIL MEMBER WHO HAS RECOMMENDED SOMEBODY.
AND THEN I GET A CALL FOUR MONTHS LATER FROM THE BOARD, THIS PERSON DOESN'T SHOW UP.
UM, AND WE UNDERSTAND LIFE HAPPENS, AND SO WE'RE MORE THAN WILLING TO WORK WITH THEM ON THAT KIND OF THING.
BUT, UM, DEFINITELY PREEMPT THAT BY HAVING THAT CONVERSATION WITH THEM BEFORE YOU TALK TO 'EM ABOUT SERVING.
UM, SOMETHING THAT HAPPENS DURING THE CANDIDATE CULTIVATION PROCESS IS WE REVIEW ANY INDIVIDUAL WHO'S BEING APPOINTED TO A BOARD BY THE CITY OF HOUSTON, NO MATTER WHO THEY ARE NOMINATED FROM, THEY THE MAYOR'S OFFICE OR A SCHOOL DISTRICT OR A COUNCIL MEMBER'S OFFICE TO CONFIRM ONE IF THAT THEY MEET ALL OF THE QUALIFICATIONS, BUT ALSO THAT THEY ARE CURRENT ON THEIR PERSONAL PROPERTY TAXES FOR BOTH THE CITY OF HOUSTON AND FOR HARRIS COUNTY.
UM, IF IT'S APPLICABLE, I MYSELF AM A RENTER, SO I DON'T OWN A HOME, SO I'M NOT PAYING PROPERTY TAXES.
[01:15:02]
YOU TO BE A PROPERTY OWNER, AND SO WE CHECK FOR THAT.UM, BUT THERE'S DIFFERENT QUALIFICATIONS FOR DIFFERENT BOARDS.
UM, LAST BUT NOT LEAST, SEVERAL OF THE BOARDS, LIKE I SAID, HAVE DIFFERENT SPECIALIZED QUALIFICATIONS.
AND THAT'S PART OF MY REVIEW PROCESS BEFORE WE MAKE ANY APPOINTMENTS.
UM, AND IF YOU OR YOUR CONSTITUENTS OR YOUR STAFF HAS QUESTIONS ON THOSE, I'M HAPPY TO HELP DO SOME RESEARCH ON IT.
AND IF I DON'T KNOW, I WILL REFER THE QUESTION TO LEGAL.
I'VE ALREADY DONE THAT SEVERAL TIMES.
NOW TO TALK ABOUT THE APPOINTMENT PROCESS.
SO FIRST THING THAT'S NOT ON HERE IS REALLY THE CADENCE AT WHICH WE APPOINT BOARDS IS DETERMINED BY THE MAYOR.
UM, THE DECISION OF WHAT BOARDS OR PRIORITIES ARE BASED ON MAYORAL PRIORITIES, WHICH ARE BASED ON, YOU KNOW, COMMUNITY NEEDS, WHAT EVENTS HE'S GOING TO, WHEN HE'S HEARING FROM CONSTITUENTS.
UM, A LOT OF TIMES I'LL GET MESSAGES FROM BOARDS THAT TELL ME, HEY, WE'RE HAVING A QUORUM ISSUE, OR THIS PERSON'S TERM HAS EXPIRED, BLAH, BLAH, BLAH, BLAH, BLAH.
YOU KNOW, SEVERAL THINGS ABOUT THAT.
AND SO I WILL HELP BRING THAT, UM, BOARD'S ISSUE TO ATTENTION OF THE MAYOR AND LET HIM KNOW, HEY, THIS IS HAPPENING.
WE NEED TO FIGURE OUT, UM, WHEN WE WANNA GET THIS APPOINTED.
BUT AT THE END OF THE DAY, IT IS UP TO THE MAYOR MOST OFTEN ABOUT WHEN WE ARE ACTUALLY MAKING THAT APPOINTMENT.
AND CANDIDATE CULTIVATION IS ALSO A PROCESS THAT IS ALWAYS HAPPENING.
UM, WE FIND CANDIDATES FROM SEVERAL DIFFERENT RESOURCES FROM MAYORAL RECOMMENDATIONS.
OBVIOUSLY THE PEOPLE ON MY TEAM, UM, CANDIDATE OR COUNCIL MEMBER NOMINATIONS AND RECOMMENDATIONS ARE ALSO REALLY ANOTHER, A REALLY GREAT SOURCE.
YOU GUYS ARE OUT IN THE COMMUNITY.
I'VE ONLY BEEN IN HOUSTON FOR ABOUT TWO YEARS, SO I JUST SIMPLY DO NOT KNOW AS MANY PEOPLE AS YOU GUYS DO.
UM, AND SO RELYING ON THE CONNECTIONS THAT WE HAVE WITH Y'ALL AND THE CONNECTIONS THAT YOU HAVE IN YOUR COMMUNITY TO FIND QUALIFIED CANDIDATES WHO ARE INTERESTED IN SERVING IS REALLY IMPORTANT.
THEN ONCE WE HAVE CANDIDATES IDENTIFIED, UM, I WILL COMPLETE A DUE DILIGENCE CHECK.
THIS LOOKS PROBABLY LIKE THE SAME THING YOU DO WHEN YOU WERE HIRING STAFF AT YOUR OFFICE.
I TYPE THEIR NAME INTO GOOGLE AND I SEE WHAT COMES UP.
UM, THEN INDIVIDUALS WILL HAVE AN INTERVIEW WITH ME, AND THIS LOOKS DIFFERENT FOR EVERY CANDIDATE.
SOMETIMES THOSE CANDIDATES, UM, HAVE BEEN SERVING ON THE BOARD FOR LONGER THAN I HAVE BEEN ALIVE.
SO I LIKE TO TAKE THE OPPORTUNITY TO LEARN FROM THEM ABOUT BOARD PROJECTS, WHAT THEIR CONTRIBUTIONS TO THE BOARD HAVE BEEN, HOW THE BOARD WAS STARTED OR CREATED.
UM, SOMETIMES INDIVIDUALS HAVE NO IDEA WHAT A BOARD ACTUALLY DOES.
THEY JUST SAID, OH, I WANNA APPLY FORTS 12.
WHAT DOES IT DO? SO I'M ALSO TAKING THE OPPORTUNITY TO EDUCATE THEM WHAT THAT BOARD DOES, UM, WHAT THE COMMITMENT LOOKS LIKE AND THAT KIND OF THING.
AND THAT HAPPENS OVER THE PHONE, OVER TEAMS. I GO MEET PEOPLE FOR COFFEE.
UM, I'M HAPPY TO MEET INDIVIDUALS WHERE THEY'RE AT, UM, AND DO WHAT'S BEST FOR THEM.
AND THEN THE TAX CHECK, LIKE I'VE ALREADY MENTIONED, WE CONTRACT WITH THE FIRM THAT COMPLETES THAT FOR US.
UM, AND THEN SOMETHING ELSE THAT THE MAYOR HAS ASKED ME TO CONSIDER AS WELL IS, UM, IF AN INDIVIDUAL OR THEIR PLACE OF EMPLOYMENT HAS A CONTRACT WITH THE CITY, I TRY TO CHECK THAT AND NOTIFY HIM OF THAT AS WELL.
UM, THEN WE MOVE INTO THE FORMAL NOMINATION PROCESS.
Y'ALL HAVE SEEN THOSE LETTERS BEFORE COME ACROSS YOUR DESK.
UM, WE FILE FORMAL PAPERWORK WITH THE CITY SECRETARY AND WITH THE AGENDA DIRECTOR.
UM, AND THEN I ALSO NOTIFY THE ORGANIZATION THAT THE INDIVIDUAL IS GONNA BE SERVING WITH, SO THAT WAY THEIR BOARD LIAISON CAN REACH OUT TO THEM AND GET THEM SITUATED FOR SWEARING IN AND ALL OF THAT.
UM, AND THEN FINALLY IT REALLY WRAPS UP EITHER WITH THE MAYOR SENDING AN APPROVAL OR SENDING A NOTICE LETTER OR WITH COUNCIL ACTION.
ALRIGHT, AND THAT, THAT KIND OF BRINGS US TO THE END.
I'M MORE THAN HAPPY TO TAKE QUESTIONS.
AND, UH, JUST TO KIND OF, UH, START THE CONVERSATIONS, I WANTED TO ASK A QUESTION MAYBE TO LEGAL.
UM, AND WE HAD THIS CONVERSATION JUST A BIT ABOUT, YOU KNOW, IF WE'RE GONNA DO A RECOMMENDATION, SHOULD SOMETHING LIKE THAT COME TO THIS COMMITTEE, UH, SUBMIT IT TO THIS COMMITTEE, OR, UM, HOW, HOW SHOULD COUNCIL MEMBERS, UH, SHARE A NOMINATION? UM, FOR EXAMPLE, WE HAD THE PILOTS BOARD.
UM, HOW SHOULD THAT GO ABOUT HAPPENING? DO YOU RECOMMEND IT COMING TO THIS COMMITTEE, SHARING IT WITH, UH, WITH, AFTER THE MAYOR RECEIVES IT, OR CAN YOU HEAR ME? NO.
IN TERMS OF COUNCIL NOMINATIONS, I MEAN, WE HAVE CAN YOU CHECK YOUR MIC? THERE YOU GO.
UM, IN TERMS OF COUNCIL NOMINATIONS AND CONFIRMATIONS, YOU KNOW, WE HAVE THE PROCESS THAT'S LAID OUT IN RULE 19 IF IT'S SUCH A NOMINATION THAT, UH, THAT FALLS UNDER THAT CATEGORY.
[01:20:01]
OF PROCEDURE.SO THAT IS SORT OF THE BASELINE PROCESS TO FOLLOW.
IF THE ADMINISTRATION AND COUNCIL WANT TO DECIDE TO BRING OTHER THINGS TO ANOTHER COMMITTEE, I WOULD SORT OF DEFER TO THEM TO, YOU KNOW, WHATEVER PROCESS THEY DETERMINE WOULD WORK BEST.
BUT RULE 19 IS THE OPERATIVE COUNCIL RULE THAT GOVERNS COUNCIL NOMINATIONS.
ANY FEEDBACK FROM OUR SPEAKERS? NO, I, I THINK THE THING THAT WE, IT'S A DIALOGUE, RIGHT? UM, SENDING EMAILS, UH, TO ALL COUNCIL MEMBERS AND THEN REPLYING RIGHT? DOES RUN THE RISK OF THE YEAH.
ENUMERATED BY DANIELLE AND THE PREVIOUS, UH, THING, THAT'S WHERE BOARD, UH, THAT'S WHERE SCOUT IS GONNA MAKE HERSELF AVAILABLE TO HAVE CONVERSATIONS.
ALSO, YOU ALL HAVE THE ABILITY TO REACH OUT TO THE MAYOR AND HAVE A CONVERSATION WITH HIM.
I KNOW THAT YOU ALL KNOW VERY PROFESSIONAL PEOPLE.
THAT WOULD BE WONDERFUL ADDITIONS TO BOARDS AND COMMISSIONS ACROSS THE CITY AND RECOGNIZING THERE'S A FIN FINITE AMOUNT OF PEOPLE THAT CAN BE APPOINTED BY CITY COUNCIL.
UM, THE EXPECTATION WOULD BE THAT Y'ALL WOULD, UH, IN A LEGAL WAY COORDINATE WITH YOURSELVES.
UM, WE HAVE ALL SEEN CONTENTIOUS STUFF OCCUR AT COUNCIL.
I THINK MAYBE, UH, NOT TO PRESUME OR PUT WORDS IN YOUR MOUTH COUNCIL MEMBER, BUT TRYING TO AVOID, UM, A DISAGREEMENT AT THE HORSESHOE AMONG WHO GETS NOMINATED.
UM, IT'S WHERE YOU DO HAVE TO BE CAREFUL.
UM, BUT COORDINATING WITH THE MAYOR, HAVING CONVERSATIONS WITH OTHER PEOPLE YOU THINK ARE INTERESTING IS SOMETHING THAT WE FULLY ENCOURAGE.
AND JUST TO ADD ON, IF YOU'RE TALKING ABOUT JUST AN INFORMAL RECOMMENDATION WHERE YOU'RE SENDING ME SOMEBODY'S RESUME, YOU CAN SEND IT TO ME OVER EMAIL AND SAY, I THINK THIS PERSON WOULD SERVE WELL ON THIS POSITION.
UM, OR THIS IS JUST A PERSON FOR YOU TO HAVE, YOU KNOW, ON YOUR MIND.
UM, I THINK THAT IS TOTALLY APPROPRIATE AS WELL.
WELL, I JUST DEFINITELY WANNA KNOW.
I KNOW THERE'S BEEN A, THERE'S A CULTURE THAT'S HAPPENED HISTORICALLY, AND I JUST WANNA MAKE SURE THAT, UH, MY COLLEAGUES ARE BEING PROTECTED AS WELL.
SO I'D LOVE TO HAVE THAT CONVERSATION A LITTLE BIT MORE WITH THE ADMINISTRATION, WITH THE MAYOR, AS WELL AS TO HOW TO SUBMIT SOME OF THESE NOMINATIONS.
UM, AND THEN, UH, SPECIFICALLY TO MAYORAL, UM, NOMINATIONS IN, IN THE BYLAWS FOR THOSE NOMINATIONS, ARE THEY SPECIFICALLY, UH, CLEAR THAT, YOU KNOW, THAT THIS IS A MAYORAL OR THIS IS A, A, UH, CITY COUNCIL NOMINATION? FOR THE MOST PART, YES.
YOU WOULD ALSO BE SURPRISED BY HOW MANY BOARDS AND COMMISSIONS DO NOT HAVE BYLAWS THAT I'M ABLE TO GET ACCESS TO.
THEY NORMALLY HAVE AND OPERATE ON AN ORIGINATING ORDINANCE.
SOMETIMES THOSE ORDINANCES WERE CREATED IN 1997.
SO, BUT I ALWAYS REVIEW THOSE THINGS BEFORE I BRIEF THE MAYOR ON ANY BOARD OF COMMISSION.
AND IF I HAVE ANY QUESTIONS ABOUT THE APPOINTING AUTHORITY, I ALWAYS CHECK WITH LEGAL AND I'M SURE TO GET A CLEAR ANSWER FROM THEM BEFORE WE MOVE FORWARD.
SO IT SOUNDS LIKE THERE'S PROBABLY AN OPPORTUNITY TO CLEAR IT SOME OF THAT UP AS WELL, THAT ABSOLUTELY.
WE COULD PROBABLY TAKE, TAKE ON AS A, AS A HORSESHOE.
AND I, AND THAT'S ONE OF THE REASONS WHY WHEN FRAMING THIS CONVERSATION, IT'S EACH BOARD IS SINGULAR AND UNIQUE.
I MEAN, THERE ARE THE ORIGINATING LEGISLATIONS TO SCOUT'S POINT, UM, GO BACK IS TO THE EARLY NINETIES, AND THEY CREATED THE DOCUMENT.
UM, SO IN AREAS WHERE YOU DO FIND PRIORITY, ARE THOSE BOARDS WHERE YOU DO HAVE THE ABILITY TO FLEX, OR IF YOU JUST WANNA BE ABLE TO INFLUENCE STUFF.
THERE ARE CERTAIN BOARDS THAT ARE GONNA MEAN MORE TO EACH ONE OF Y'ALL FOR DIFFERENT REASONS.
THIS IS A, WE'RE WE'RE AS OPEN, WE'RE AN OPEN BOOK WHEN IT COMES TO THIS AND, AND WE WANNA BE ABLE TO WORK WITH Y'ALL ON IT.
ALSO, I DON'T KNOW IF YOU HAD THE ABILITY TO GO AND CHECK GRANICUS, UH, WHICH IS, YOU CAN FIND IT ON THE, UH, ON HER WEBSITE.
THE, IT IS VERY, UH, IT IS VERY INFORMATION HEAVY.
YOU DON'T JUST SEE WHO SITS ON THE BOARD OR WHERE THE VACANCIES ARE.
YOU GET TO SEE THE LANGUAGE THAT CREATES IT.
YOU GET TO SEE THE OFFICIAL ROLES AND RESPONSIBILITIES OF THAT BOARD.
UM, SO YOU CAN ABSOLUTELY REVIEW THOSE THINGS INDEPENDENTLY, BUT ANYTIME THAT YOU WANNA COORDINATE WITH US, WE'RE MAKE, WE'LL MAKE OURSELVES AVAILABLE.
UM, AND WE HAVE, UH, COUNCIL MEMBER HUFFMAN IN THE QUEUE.
UM, I KNOW THAT, UH, YOU RECENTLY JUST SAID THAT, UM, WE WANT MEMBERS TO, UH, COMMIT TO ATTEND 80% OF THE MEETINGS.
DO WE ACTUALLY TRACK ATTENDANCE AT THE BOARD MEETINGS? IT DEPENDS.
A LOT OF THE BOARDS AND COMMISSIONS DO ATTRACT, DO ATTRACT THEIR OWN ATTENDANCE.
UM, AND I'VE SPOKEN WITH SEVERAL OF THE OTHER PEOPLE WHO WERE IN MY POSITION PREVIOUSLY AND ASKED THEM WHAT IT LOOKS LIKE FOR OUR OFFICE TO DO THAT.
UM, I WOULD LOVE TO BE MORE INVOLVED IN THAT PROCESS.
HOWEVER, I'M ONE PERSON AND I, I HAVE JACKIE, UM, BUT WE'VE GOT ABOUT 162, SO I DON'T THINK IT'S NECESSARILY FEASIBLE FOR THE, FOR MY OFFICE TO, UM, REPORT AND COORDINATE ATTENDANCE.
BUT SEVERAL OF THE BOARDS DO, AND THEY RECORD IT ON THEIR MINUTES AND THAT KIND OF THING.
ESPECIALLY BOARDS WHO HAVE ATTENDANCE ISSUES.
I'VE SPOKEN WITH SEVERAL OF THEIR LIAISONS AND THEY'VE TALKED ABOUT HOW THEY'VE DEVELOPED ATTENDANCE KEEPING PROCESSES, SO THAT WAY IF THEY HAVE
[01:25:01]
AN ISSUE, WE CAN ADDRESS IT.UM, AND, UM, WILL THE ADMINISTRATION BE SOLICITING RECOMMENDATIONS FROM CITY COUNCIL FOR HIS APPOINTMENTS? SO Y'ALL ARE ALWAYS MORE THAN WELCOME TO PUT NAMES FORWARD.
UM, IS A POLICE PLEASE DO AHEAD OF TIME.
I MEAN, YOU DON'T, YOU DON'T HAVE TO WAIT FOR US TO, TO REACT.
UM, IF YOU HAVE A LIST OF PEOPLE THAT YOU THINK WOULD BE QUALITY CANDIDATES JUST FOR CONSIDERATION OR SPECIFICALLY FOR BOARDS, UM, WE'RE ALWAYS HAPPY TO TAKE THEM.
I MEAN, TO, TO SCOTT'S POINT EARLIER, I THINK THAT SHE ENUMERATED DID A GOOD JOB OF ENUMERATING THE FACT THAT THERE ARE SOME BOARDS OF COMMISSIONS THAT REQUIRE HIGH SPECIAL, HIGH LEVELS OF SPECIALIZATION, UM, VETERINARIAN OR A LICENSED ENGINEER IN GOOD STANDING.
UM, SO THE MORE PEOPLE THE BETTER.
AND SHE HAS A DATABASE OF PEOPLE.
UM, AND AGAIN, UH, THIS WAS, THIS WAS A GOOD PRESENTATION.
UM, ONE OF THE THINGS THAT PEOPLE CAN DO IS THEY CAN JUST GO AND APPLY.
UH, WE GET A LOT OF JUST COLD APPLICATIONS THROUGH THE, THE DOOR.
AND SO BEYOND A WARM HANDOFF THAT Y'ALL MIGHT BE ABLE TO GIVE US, YOU CAN JUST DIRECT PEOPLE TO THAT WEBSITE TO APPLY AS WELL.
AND, UM, IF WE HAD RESIDENTS WHO APPLIED FOR, UH, BORDER COMMISSION UNDER THE PREVIOUS ADMINISTRATION MM-HMM
AND WAS DENIED, UM, WITHOUT EXPLANATION, AND THERE ARE CURRENTLY A LOT OF VACANCIES ON THE BOARD.
UM, SHOULD THEY REAPPLY NOW? ABSOLUTELY.
UM, I'M MORE THAN HAPPY TO ALSO, IF THEY APPLY AND THEN SEND ME AN EMAIL, I'M MORE THAN HAPPY TO.
I MEAN, I GET NOTIFIED FROM THE SYSTEM AUTOMATICALLY.
UM, BUT WHEN I'VE BEEN SPEAKING WITH MEMBERS OF THE PUBLIC AND CONSTITUENTS, I'VE TOLD THEM, YOU KNOW, MAYBE YOU SUBMIT AN APPLICATION JANUARY ONE AND YOU DON'T HEAR BACK FROM ME TILL OCTOBER.
FROM MY UNDERSTANDING, THAT'S RELATIVELY NORMAL BECAUSE OF THE PACE AT WHAT WE APPOINT BOARDS IS NOT NECESSARILY BY ANY ONE TIMELINE.
SO IF, UM, AN INDIVIDUAL HAS APPLIED AND THEY DON'T HEAR ANYTHING BACK, UM, THAT MIGHT JUST BE BE BECAUSE WE HAVE NOT BEEN CONSIDERING APPOINTMENTS FOR THAT SPECIFIC BOARD AND THE BOARDS THAT HAVE VACANCIES.
UM, WILL Y'ALL BE GOING BACK AND LOOKING AT PAST APPLICATIONS OR, OR TELL THEM JUST TO GO BACK AND REAPPLY? I WOULD REALLY ENCOURAGE THEM TO GO BACK AND REAPPLY.
MY SYSTEM, I BELIEVE, HOLDS ON TO APPLICATIONS FOR AT LEAST ONE YEAR.
SO I CAN GO BACK AND THAT'S WHAT I HAVE BEEN DOING, HAS BEEN PULLING APPLICATIONS FOR THE LAST SIX MONTH PERIOD.
UM, BUT THE SYSTEM DOES HOLD ON TO APPLICATIONS FOR ONE YEAR.
UM, SO I BELIEVE THE MAYOR HAS SPOKEN BEFORE ABOUT REDUCING CONFLICTS OF INTEREST ON THE PART OF FOLKS WHO SERVE ON BOARDS AND COMMISSIONS.
UM, IS THAT STILL A PRIORITY? AND IF SO, HOW CAN WE AS A COUNCIL HELP HIM, UH, FULFILL THAT PRIORITY? THAT'S A GREAT QUESTION.
AS, UH, CITY ATTORNEY ARTURO MICHELLE, UH, STATED EARLIER, WE ARE LOOKING AT, UH, WAYS IN WHICH WE CAN IMPROVE CHAPTER 18 BASED ON THE, THE PROMISES THAT HE MADE DURING THE CAMPAIGN, BUT ALSO JUST THE VALUES THAT HE BELIEVES IN.
UM, WE WANT TO BE ABLE TO, UH, REMOVE CONFLICTS OF INTEREST OR THE PERCEPTION, PERCEPTION OF CONFLICTS OF INTEREST.
UM, THAT INCLUDES ON BOARDS AND COMMISSIONS.
THAT ALSO INCLUDES, UH, PEOPLE COMING THROUGH THE, UH, PROCUREMENT PROCESS AS WELL.
UM, SO THE, WE ARE IN THE PROCESS OF REVIEWING WHAT THOSE CHANGES WOULD LOOK LIKE.
WE'RE WORKING WITH LEGAL TO SEE IF THOSE REVIEWS NEED TO BE DONE, UM, VIA CHAPTER 18, WHERE, WHERE THOSE, UH, RULES LIVE EFFECTIVELY.
UM, THE ETHICS CHAPTER 18 IS THE ETHICS ORDINANCE AND, UH, ETHICS CHAPTER.
AND IT SPEAKS TO A LOT OF THINGS, BUT NOT EVERYTHING.
SO WE WANNA MAKE SURE THAT WE ARE DOING, UH, PUTTING THINGS IN THE CORRECT PLACE TO MAKE SURE THAT IT HAS THE MOST IMPACT WITH THE, THE THINGS THAT WE WANT TO ACCOMPLISH.
AND, AND, UH, JUST A FEW THOUGHTS.
ONE, I I HOPE THAT WE'LL BE MORE PROACTIVE IN THE FUTURE IN, IN, IN, IN VERIFYING IT.
THAT IN FACT THERE ARE NO, UH, CONFLICTS IN A GIVEN MEETING.
LIKE FOR INSTANCE, WE LEARNED ABOUT, UH, A TOURIST CONTRACT THAT WAS AWARDED TO THE FATHER OF A SON WHO WAS ON THE BOARD.
YOU KNOW, AND SO WE'RE, WE'RE LOOKING INTO THAT.
BUT A COUPLE OF PRACTICAL SUGGESTIONS.
ONE IS, IS THERE A WAY TO CREATE LIKE A CENTRAL CALENDAR WHERE WE COULD GO TO ONE LOCATION AND, AND FIND OUT WHEN AND WHERE BOARDS AND COMMISSIONS WERE MEETING? UM, IDEALLY MIGHT ALSO INCLUDE LIKE MINUTES, UM, AND AGENDAS AND SO FORTH.
UM, MORE THAN LIKELY, YES, WE DO POST, IF A BOARD OF COMMISSION SENDS US A COPY OF THEIR MINUTES, WE DO POST THOSE ONLINE, ON OUR WEBSITE ON GRANICUS.
YOU CAN FIND FOR MOST, NOT ALL, UM, MOST BOARDS THE TIME AND PLACE OF THEIR MEETINGS.
SO IF YOU HAVE SPECIFIC QUESTIONS OR A CONSTITUENT HAS A SPECIFIC QUESTION, I'M MORE THAN HAPPY TO REACH OUT, UM, AND CONFIRM A MEETING DATE OR PLACE OR LOCATION.
UM, BUT THEY'RE ABSOLUTELY, I WOULD, I WILL LOOK INTO THAT AND, OKAY.
AND, AND LAST THOUGHT IT, IT SURE WOULD, I THINK HELP US BE MORE EFFECTIVE IF THERE WAS A WAY TO FIND OUT, UH,
[01:30:01]
THE ITEMS THAT ARE COMING UP ON THE AGENDA MORE THAN THREE BUSINESS DAYS IN ADVANCE, ESPECIALLY IN VIEW OF THIS, UH, WALKING QUORUM, UH, PROHIBITION.WHICH LIMITS, I THINK, THE AMOUNT OF HELP WE CAN GET FROM OTHER COUNCIL MEMBERS.
'CAUSE THEN WE RUN AFOUL OF THE WALKING QUORUM RULE.
AND SO WE'RE LEFT TO TRY TO FUNCTION IN, IN MORE OF A SORT OF A SILO TYPE OF, UH, ATMOSPHERE.
SO, YOU KNOW, JUST PUTTING A PLUG FOR LETTING US KNOW ABOUT ITEMS THAT ARE GONNA BE ON THE AGENDA WHEN POSSIBLE, MORE THAN THREE DAYS IN ADVANCE.
THANK YOU COUNCILOR ME RAMIREZ.
UH, AND JUST FOR, UH, FOR CLARIFICATION, UM, FOR THE PORT OF HOUSTON AUTHORITY, DOES THE CITY ONLY HAVE ONE SEAT, OR IS IT TWO SEATS FOR THE PORT OF HOUSTON? YEAH, SO, UM, ARE YOU ASKING IF THE CITY ONLY APPOINTS ONE SEAT? YEAH.
OH, WE APPOINT MULTIPLE SEATS TO THAT MORNING.
BECAUSE IT, AND MAYBE I'M, I'M READING THIS WRONG, BUT, UH, ON SLIDE, UM, UH, I THINK THERE'S A NUMBER ON THIS ONE, BUT COUNCIL NOMINATED, COUNCIL CONFIRMED THERE'S A NUMBER OF APPOINTMENTS FOR THE PORT OF HOUSTON.
I APOLOGIZE, I SHOULD HAVE CLARIFIED.
THESE ARE THE NUMBER OF, OF APPOINTEES THAT ARE COUNSEL NOMINATED.
NOT NECESSARILY THE NUMBER OF TOTAL APPOINTMENTS MADE BY THE CITY OF HOUSTON.
UM, AND SO THIS CONCLUDES THE PRESENTATION.
THERE'S NO MORE COUNCIL MEMBERS OR STAFF IN THE QUEUE.
UH, WANTED TO OPEN UP FOR PUBLIC COMMENT.
NO ONE'S SIGNED UP, BUT IF THERE'S ANYBODY IN THE CHAMBERS THAT WOULD LIKE TO SPEAK.
SO, UH, YOU KNOW, UH, JUST WANNA MAKE SURE THAT, THAT FOLKS KNOW THAT YOU CAN ALWAYS WATCH THIS ON, UH, HTV AS WELL.
YOU MAY ALSO SEND QUESTIONS OR COMMENTS BY EMAILING MY OFFICE DISTRICT I@HOUSTONTX.GOV.
UH, SO NO ADDITIONAL COMMENTS OR QUESTIONS FROM COUNCIL MEMBERS.
AND THANK YOU EVERYONE FOR PARTICIPATING TODAY.