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HomeMy WebLinkAboutMinutes Ethics Commission - 09/15/2016 Minutes of the Ethics Commission Meeting on September 15, 2016 ACM Conference Room-5t" Floor City Hall— 1201 Leopard Street The meeting was called to order by Chair Dr. Dawod at 5:30. Item 1-- Roll Call. All Ethics Commissioners were present; no absences. City Staff in attendance: Assistant City Attorney Lisa Aguilar. Item 2 -- Review and approval of Minutes of August 18, 2016. Mr. Milby made motion to approve Minutes of July 21, 2016; second by Mr. Bung. All in favor. Motion passed. Item 3 — Discussion and possible action regarding Ethics Complaint filed by Karen Grassedonio against Councilmember Chad Magill. The Commission reviewed the complaint. Ms. Connelly made a motion to deny the complaint; second by Mr. Bung. Two members were against the motion (Ms.Jones and Mr.White). Therefore the complaint was moved to an evidentiary hearing pursuant to the Ethics Commission guidelines. The hearing was scheduled for October 6, 2016 at 5:30 p.m. Item 4 — Discussion and possible action regarding proposed amendments to the City Code of Ethics including: a. Clarification regarding definition of"client" for purposes of conflict of interest section 2- 311(8)(A)3. Ms. Connelly made a motion to amend section 2-311(8)(A)3D(2) to redefine the term "client" to provide that "the term 'client' includes fiduciary relationship but not ordinary customer relationship." Second by Ms. Jones; all in favor. Motion passed. b. Campaign contributions from political action committee in relation to proposed amendmet at Section 2-311(21)(E ). The Commission made no motions regarding this amendment; provided that as stated it applies to contributions by individuals. c. Clarification regarding appointments to non-City boards in relation to proposed amendment at Section 2-311(8)(A)9. Ms.Aguilar explained that there was some question about the intent of this provision. Upon further review, Mr. White made a motion to delete this proposed amendment at 8(A)9; second by Ms. Connelly. All in favor. Motion passed. d. Clarification regarding role of Human Resources department in relation to proposed amendment at Section 2-311 (8)(D)5. Ms. Connelly made a motion to revise the last sentence to read: "This list is updated annually and posted to the Ctiy website by the City Manager." Second by Mr. Bailey. All in favor. Motion passed. e. Discussion regarding preamble as rule of conduct. Ms. Aguilar explained that the Ctiy Council expressed concern about including the preamble to the Ethics Code as a rule violation. Ms. Connelly made a motion to remove amendment language in 2-330(a) to delete "or Section 2-310" which will remove the preamble as a possible Ethics Code violation. Second by Mr. White. All in favor. Motion passed. Item 5— Discussion and possible action regarding Independent legal counsel. No action. Item 6—Discussion and possible action regarding election of officers. No action;tabled until new commissioners take office. Item 7. Discussion and possible action regarding follow up Annual Financial Disclosure reports. No action; no reports provided for review. Item 8. Discussion and possible action regarding Planning Commissioner contracts with the City. Mr. White presented his draft letter. Mr. Bailey made motion to approve; second by Ms. Benavidez. All in favor. Motion passed. Item 9. Discussion and possible action regarding ex parte communications. No action. Item 10. Discussion and possible action regarding checklist for complaints. No action. Item 11—Public Comment. There was no public comment. Item 12-- Identification of next Ethics Commission meeting. The next regular Ethics Commission meeting is Special meeting on October 6 and regular meeting on October 20. Item 13—Identification of items to be placed on the next meeting's agenda. Continued discussion of tabled items: 5, 6, 9, and 10. Item 14-- Adiournment. The meeting was adjourned at approximately p.m. The foregoing minutes of the meeting of the Ethics Commission were approved on October 20, 2016, by the Ethics Commission. By: Name: Title: